A.
Purpose. The purpose of this chapter is to establish
policies and procedures for constructing facilities on rights-of-way
within the City's jurisdiction, which will provide public benefit
consistent with the preservation of the integrity, safe usage, and
visual qualities of the City rights-of-way and the City as a whole.
B.
Intent. In enacting this chapter, the City intends
to exercise its authority over the rights-of-way in the City and,
in particular, the use of the public ways and property by utilities,
by establishing uniform standards to address issues presented by utility
facilities, including, without limitation:
(1)
Preventing interference with the use of streets, sidewalks,
alleys, parkways and other public ways and places;
(2)
Preventing the creation of visual and physical obstructions
and other conditions that are hazardous to vehicular and pedestrian
traffic;
(3)
Preventing interference with the facilities and operations
of the City's utilities and of other utilities lawfully located in
rights-of-way or public property;
(4)
Protecting against environmental damage, including
damage to trees, from the installation of utility facilities;
(5)
Protecting against increased stormwater run-off due
to structures and materials that increase impermeable surfaces;
(6)
Preserving the character of the neighborhoods in which
facilities are installed;
(7)
Preserving open space, particularly the tree-lined
parkways that characterize the City's residential neighborhoods;
(8)
Preventing visual blight from the proliferation of
facilities in the rights-of-way; and
(9)
Assuring the continued safe use and enjoyment of private
properties adjacent to utility facilities locations.
C.
Facilities subject to this chapter. This chapter applies
to all facilities on, over, above, along, upon, under, across, or
within the rights-of-way within the jurisdiction of the City. A facility
lawfully established prior to the effective date of this chapter may
continue to be maintained, repaired and operated by the utility as
presently constructed and located, except as may be otherwise provided
in any applicable franchise, license or similar agreement.
D.
Franchises, licenses, or similar agreements. The City,
in its discretion and as limited by law, may require utilities to
enter into a franchise, license or similar agreement for the privilege
of locating their facilities on, over, above, along, upon, under,
across, or within the City rights-of-way. Utilities that are not required
by law to enter into such an agreement may request that the City enter
into such an agreement. In such an agreement, the City may provide
for terms and conditions inconsistent with this chapter.
E.
Effect of franchises, licenses, or similar agreements.
(1)
Utilities other than telecommunications providers.
In the event that a utility other than a telecommunications provider
has a franchise, license or similar agreement with the City, such
franchise, license or similar agreement shall govern and control during
the term of such agreement and any lawful renewal or extension thereof.
(2)
Telecommunications providers. In the event of any
conflict with, or inconsistency between, the provisions of this chapter
and the provisions of any franchise, license or similar agreement
between the City and any telecommunications provider, the provisions
of such franchise, license or similar agreement shall govern and control
during the term of such agreement and any lawful renewal or extension
thereof.
F.
Conflicts with other chapters. This chapter supersedes
all chapters or parts of chapters adopted prior hereto that are in
conflict herewith, to the extent of such conflict.
G.
Conflicts with state and federal laws. In the event
that applicable federal or state laws or regulations conflict with
the requirements of this chapter, the utility shall comply with the
requirements of this chapter to the maximum extent possible without
violating federal or state laws or regulations.
H.
Sound engineering judgment. The City shall use sound
engineering judgment when administering this chapter and may vary
the standards, conditions, and requirements expressed in this chapter
when the City so determines. Nothing herein shall be construed to
limit the ability of the City to regulate its rights-of-way for the
protection of the public health, safety and welfare.
As used in this chapter and unless the context
clearly requires otherwise, the words and terms listed shall have
the meanings ascribed to them in this section. Any term not defined
in this section shall have the meaning ascribed to it in 92 Ill. Adm.
Code § 530.30, unless the context clearly requires otherwise.
American Association of State Highway and Transportation
Officials.
American National Standards Institute.
A person applying for a permit under this chapter.
American Society for Testing and Materials.
The methods or materials for replacing excavated material
in a trench or pit.
To excavate an underground cylindrical cavity for the insertion
of a pipe or electrical conductor.
That term as defined in 47 U.S.C. 522(5).
That term as defined in 47 U.S.C. 522(6).
That term as defined in 47 U.S.C. 522(7).
The pipe enclosing the liquid, gas or slurry to be transported.
A structural protective enclosure for transmittal devices
such as: carrier pipes, electrical conductors, and fiber-optic devices.
The City of Crystal Lake.
The total roadside border area, starting at the edge of the
pavement, available for safe use by errant vehicles. This area may
consist of a shoulder, a recoverable slope, a nonrecoverable slope,
and a clear run-out area. The desired width is dependent upon the
traffic volumes and speeds, and on the roadside geometry. Distances
are specified in the AASHTO Roadside Design Guide.
Protective wrapping or mastic cover applied to buried pipe
for protection against external corrosion.
The Municipal Code of the City of Crystal Lake.
Wire carrying electrical current.
A casing or encasement for wires or cables.
The installation, repair, maintenance, placement, alteration,
enlargement, demolition, modification or abandonment in place of facilities.
The depth of earth or backfill over buried utility pipe or
conductor.
A facility that crosses one or more right-of-way lines of
a right-of-way.
The City Director of Public Works or his or her designee.
For the purposes of this chapter, any work that obstructs
the right-of-way or causes a material adverse effect on the use of
the right-of-way for its intended use. Such work may include, without
limitation, the following: excavating or other cutting; placement
(whether temporary or permanent) of materials, equipment, devices,
or structures; damage to vegetation; and compaction or loosening of
the soil, and shall not include the parking of vehicles or equipment
in a manner that does not materially obstruct the flow of traffic
on a highway.
Any immediate maintenance to the facility required for the
safety of the public using or in the vicinity of the right-of-way
or immediate maintenance required for the health and safety of the
general public served by the utility.
Provision of a protective casing.
The City Engineer or his or her designee.
Materials, tools, implements, supplies, and/or other items
used to facilitate construction of facilities.
The making of a hole or cavity by removing material, or laying
bare by digging.
Pipe meeting ASTM standards for this pipe designation.
All structures, devices, objects, and materials (including,
but not limited to, track and rails, wires, ducts, fiber-optic cable,
antennas, vaults, boxes, equipment enclosures, cabinets, pedestals,
poles, conduits, grates, covers, pipes, cables, and appurtenances
thereto) located on, over, above, along, upon, under, across, or within
rights-of-way under this chapter. For purposes of this chapter, the
term "facility" shall not include any facility owned or operated by
the City.
A facility that is not a crossing facility or a parallel
facility, such as an antenna, transformer, pump, or meter station.
Roadway, usually parallel, providing access to land adjacent
to the highway where it is precluded by control of access to a highway.
Any substance or material which, due to its quantity, form,
concentration, location, or other characteristics, is determined by
the City Engineer to pose an unreasonable and imminent risk to the
life, health or safety of persons or property or to the ecological
balance of the environment, including, but not limited to, explosives,
radioactive materials, petroleum or petroleum products or gases, poisons,
etiology (biological) agents, flammables, corrosives or any substance
determined to be hazardous or toxic under any federal or state law,
statute or regulation.
The Illinois Highway Code, 605 ILCS 5/1-101 et seq., as amended
from time to time.
A specific type of right-of-way used for vehicular traffic,
including rural or urban roads or streets. "Highway" includes all
highway land and improvements, including roadways, ditches and embankments,
bridges, drainage structures, signs, guardrails, protective structures
and appurtenances necessary or convenient for vehicle traffic.
A person or entity that has received authorization to offer
or provide cable or video service from the ICC pursuant to the Illinois
Cable and Video Competition Law, 220 ILCS 5/21-401.
Illinois Commerce Commission.
Illinois Department of Transportation.
Pushing a pipe horizontally under a roadway by mechanical
means with or without boring.
Pushing a pipe through the earth using water under pressure
to create a cavity ahead of the pipe.
The use of pole lines, trenches or other facilities by two
or more utilities.
The Joint Utility Locating Information for Excavators utility
notification program.
The intersection of two or more major arterial highways.
Manual on Uniform Traffic Control Devices.
The presence of facilities on, over or under the right-of-way.
A facility that is generally parallel or longitudinal to
the center line of a right-of-way.
Any portion of the right-of-way not improved by street or
sidewalk.
The removal of an area of pavement for access to facility
or for the construction of a facility.
Pipelines carrying crude or refined liquid petroleum products,
including, but not limited to, gasoline, distillates, propane, butane,
or coal-slurry.
That which is performable, feasible or possible, rather than
that which is simply convenient.
The internal force acting radially against the walls of a
carrier pipe expressed in pounds per square inch gauge (psig).
That which is done within a period of time specified by the
City. If no time period is specified, the period shall be 30 days.
A legal entity that constitutes or is part of the government,
whether at local, state or federal level.
The repair of a right-of-way, highway, roadway, or other
area disrupted by the construction of a facility.
Any street, alley, other land or waterway, dedicated or commonly
used for pedestrian or vehicular traffic or other similar purposes,
including utility easements, in which the City has the right and authority
to authorize, regulate or permit the location of facilities other
than those of the City. "Right-of-way" or "Rights-of-way" shall not
include any real or personal City property that is not specifically
described in the previous two sentences and shall not include City
buildings, fixtures and other structures or improvements, regardless
of whether they are situated in the right-of-way.
That part of the highway that includes the pavement and shoulders.
The transmitting, supplying, or furnishing of telecommunications
and all services rendered in connection therewith for a consideration,
other than between a parent corporation and its wholly owned subsidiaries
or between wholly owned subsidiaries, when the gross charge made by
one such corporation to another such corporation is not greater than
the gross charge paid to the retailer for its use or consumption and
not for sale.
That amount of security required pursuant to § 427-10.
A width of roadway, adjacent to the pavement, providing lateral
support to the pavement edge and providing an area for emergency vehicular
stops and storage of snow removed from the pavement.
A decision(s) consistent with generally accepted engineering
principles, practices and experience.
This term includes, but is not limited to, messages or information
transmitted through use of local, toll and wide-area telephone service,
channel services, telegraph services, teletypewriter service, computer
exchange service, private line services, mobile radio services, cellular
mobile telecommunications services, stationary two-way radio, paging
service and any other form of mobile or portable one-way or two-way
communications, and any other transmission of messages or information
by electronic or similar means, between or among points by wire, cable,
fiber optics, laser, microwave, radio, satellite, or similar facilities.
"Private line" means a dedicated non-traffic-sensitive service for
a single customer that entitles the customer to exclusive or priority
use of a communications channel, or a group of such channels, from
one or more specified locations to one or more other specified locations.
"Telecommunications" shall not include value-added services in which
computer processing applications are used to act on the form, content,
code and protocol of the information for purposes other than transmission.
"Telecommunications" shall not include purchase of telecommunications
by a telecommunications service provider for use as a component part
of the service provided by such provider to the ultimate retail consumer
who originates or terminates the end-to-end communications. "Telecommunications"
shall not include the provision of cable services through a cable
system as defined in the Cable Communications Act of 1984 (47 U.S.C.
§ 521 and following), as now or hereafter amended, or cable
or other programming services subject to an open video system fee
payable to the City through an open video system as defined in the
Rules of the Federal Communications Commission (47 C.F.R. 76.1500
and following), as now or hereafter amended.
Any person who installs, owns, operates or controls facilities
in the right-of-way used or designed to be used to transmit telecommunications
in any form.
Means and includes every person engaged in making sales of
telecommunications at retail as defined herein.
A relatively narrow open excavation for the installation
of an underground facility.
The individual or entity owning or operating any facility
as defined in this chapter.
A pipe to allow the dissipation into the atmosphere of gases
or vapors from an underground casing.
That term as defined in Section 21-201(v) of the Illinois
Cable and Video Competition Law of 2007, 220 ILCS 5/21-201(v).
Pipelines carrying raw or potable water.
Boring using water under pressure at the cutting auger to
soften the earth and to provide a sluice for the excavated material.
Every utility that occupies a right-of-way within the City shall register on January 1 of each year with the City Engineer, providing the utility's name, address and regular business telephone and telecopy numbers, the name of one or more contact persons who can act on behalf of the utility in connection with emergencies involving the utility's facilities in the right-of-way and a twenty-four-hour telephone number for each such person, and evidence of insurance as required in § 427-8 of this chapter, in the form of a certificate of insurance.
A.
Permit required. No person shall construct (as defined
in this chapter) any facility on, over, above, along, upon, under,
across, or within any City right-of-way which (1) changes the location
of the facility, (2) adds a new facility, (3) disrupts the right-of-way
(as defined in this chapter), or (4) materially increases the amount
of area or space occupied by the facility on, over, above, along,
under, across or within the right-of-way, without first filing an
application with the City Engineer and obtaining a permit from the
City therefor, except as otherwise provided in this chapter. No permit
shall be required for installation and maintenance of service connections
to customers' premises where there will be no disruption of the right-of-way.
B.
Permit application. All applications for permits pursuant
to this chapter shall be filed on a form provided by the City and
shall be filed in such number of duplicate copies as the City may
designate. The applicant may designate those portions of its application
materials that it reasonably believes contain proprietary or confidential
information as "proprietary" or "confidential" by clearly marking
each page of such materials accordingly.
C.
Minimum general application requirements. The application
shall be made by the utility or its duly authorized representative
and shall contain, at a minimum, the following:
(1)
The utility's name and address and telephone and telecopy
numbers;
(2)
The applicant's name and address, if different than
the utility, its telephone, telecopy numbers, e-mail address, and
its interest in the work;
(3)
The names, addresses and telephone and telecopy numbers
and e-mail addresses of all professional consultants, if any, advising
the applicant with respect to the application;
(4)
A general description of the proposed work and the
purposes and intent of the facility and the uses to which the facility
will be put. The scope and detail of such description shall be appropriate
to the nature and character of the work to be performed, with special
emphasis on those matters likely to be affected or impacted by the
work proposed;
(5)
Evidence that the utility has placed on file with
the City:
(a)
A written traffic control plan demonstrating
the protective measures and devices that will be employed consistent
with the Illinois Manual on Uniform Traffic Control Devices Parts
5 and 6, to prevent injury or damage to persons or property and to
minimize disruptions to efficient pedestrian and vehicular traffic;
and
(b)
An emergency contingency plan which shall specify
the nature of potential emergencies, including, without limitation,
construction and hazardous materials emergencies, and the intended
response by the applicant. The intended response shall include notification
to the City and shall promote protection of the safety and convenience
of the public. Compliance with ICC regulations for emergency contingency
plans constitutes compliance with this section unless the City finds
that additional information or assurances are needed.
(6)
Drawings, plans and specifications showing the work
proposed, including the certification of an engineer that such drawings,
plans, and specifications comply with applicable codes, rules, and
regulations;
(10)
Such additional information as may be reasonably required
by the City.
D.
Supplemental application requirements for specific types of utilities. In addition to the requirements of Subsection C of this section, the permit application shall include the following items, as applicable to the specific utility that is the subject of the permit application:
(1)
In the case of the installation of a new electric
power, communications, telecommunications, cable television service,
video service or natural gas distribution system, evidence that any
certificate of public convenience and necessity or other regulatory
authorization that the applicant is required by law to obtain, or
that the applicant has elected to obtain, has been issued by the ICC
or other jurisdictional authority;
(2)
In the case of natural gas systems, a statement of
the proposed pipe size, design, construction class, and operating
pressures;
(3)
In the case of water lines, an indication that all
requirements of the Illinois Environmental Protection Agency, Division
of Public Water Supplies, have been satisfied;
(4)
In the case of sewer line installations, an indication
that the land and water pollution requirements of the Illinois Environmental
Protection Agency, Division of Water Pollution Control, and the Metropolitan
Water Reclamation District, have been satisfied; or
(5)
In the case of petroleum products pipelines, a statement
of the type or types of petroleum products, pipe size, maximum working
pressure, and the design standard to be followed.
E.
Applicant's duty to update information. Throughout
the entire permit application review period and the construction period
authorized by the permit, any amendments to information contained
in a permit application shall be submitted by the utility in writing
to the City within 30 days after the change necessitating the amendment.
F.
Application fees. Unless otherwise provided by franchise,
license, or similar agreement, all applications for permits pursuant
to this chapter shall be accompanied by a fee in the amount of $50.
No application fee is required to be paid by any electricity utility
that is paying the municipal electricity infrastructure maintenance
fee pursuant to the Electricity Infrastructure Maintenance Fee Act.
A.
City review of permit applications. Completed permit
applications, containing all required documentation, shall be examined
by the City Engineer within a reasonable time after filing. If the
application does not conform to the requirements of applicable ordinances,
codes, laws, rules, and regulations, the City Engineer shall reject
such application in writing, stating the reasons therefor. If the
City Engineer is satisfied that the proposed work conforms to the
requirements of this chapter and applicable ordinances, codes, laws,
rules, and regulations, the City Engineer shall issue a permit therefor
as soon as practicable. In all instances, it shall be the duty of
the applicant to demonstrate, to the satisfaction of the City Engineer,
that the construction proposed under the application shall be in full
compliance with the requirements of this chapter.
B.
Additional City review of applications of telecommunications
retailers.
(1)
Pursuant to Section 4 of the Telephone Company Act,
220 ILCS 65/4, a telecommunications retailer shall notify the City
that it intends to commence work governed by this chapter for facilities
for the provision of telecommunications services. Such notice shall
consist of plans, specifications, and other documentation sufficient
to demonstrate the purpose and intent of the facilities, and shall
be provided by the telecommunications retailer to the City not less
than 10 days prior to the commencement of work requiring no excavation
and not less than 30 days prior to the commencement of work requiring
excavation. The City Engineer shall specify the portion of the right-of-way
upon which the facility may be placed, used and constructed.
(2)
In the event that the City Engineer fails to provide
such specification of location to the telecommunications retailer
within either (i) 10 days after service of notice to the City by the
telecommunications retailer in the case of work not involving excavation
for new construction or (ii) 25 days after service of notice by the
telecommunications retailer in the case of work involving excavation
for new construction, the telecommunications retailer may commence
work without obtaining a permit under this chapter.
(3)
Upon the provision of such specification by the City, where a permit is required for work pursuant to § 427-4 of this chapter, the telecommunications retailer shall submit to the City an application for a permit and any and all plans, specifications and documentation available regarding the facility to be constructed. Such application shall be subject to the requirements of Subsection A of this section.
C.
Additional City review of applications of holders
of state authorization under the Cable and Video Competition Law of
2007. Applications by a utility that is a holder of a state-issued
authorization under the Cable and Video Competition Law of 2007 shall
be deemed granted 45 days after submission to the City, unless otherwise
acted upon by the City, provided the holder has complied with applicable
City codes, ordinances, and regulations.
A.
Authority granted; no property right or other interest
created. A permit from the City authorizes a permittee to undertake
only certain activities in accordance with this chapter on City rights-of-way,
and does not create a property right or grant authority to the permittee
to impinge upon the rights of others who may have an interest in the
rights-of-way.
B.
Duration. No permit issued under this chapter shall
be valid for a period longer than six months unless construction is
actually begun within that period and is thereafter diligently pursued
to completion.
C.
Preconstruction meeting required. No construction
shall begin pursuant to a permit issued under this chapter prior to
attendance by the permittee and all major contractors and subcontractors
who will perform any work under the permit at a preconstruction meeting.
The preconstruction meeting shall be held at a date, time and place
designated by the City with such City representatives in attendance
as the City deems necessary. The meeting shall be for the purpose
of reviewing the work under the permit, and reviewing special considerations
necessary in the areas where work will occur, including, without limitation,
presence or absence of other utility facilities in the area and their
locations, procedures to avoid disruption of other utilities, use
of rights-of-way by the public during construction, and access and
egress by adjacent property owners.
D.
Compliance with all laws required. The issuance of
a permit by the City does not excuse the permittee from complying
with other requirements of the City and applicable statutes, laws,
ordinances, rules, and regulations.
In the event that the actual locations of any facilities deviate in any material respect from the locations identified in the plans, drawings and specifications submitted with the permit application, the permittee shall submit a revised set of drawings or plans to the City within 90 days after the completion of the permitted work. The revised drawings or plans shall specifically identify where the locations of the actual facilities deviate from the locations approved in the permit. If any deviation from the permit also deviates from the requirements of this chapter, it shall be treated as a request for variance in accordance with § 427-21 of this chapter. If the City denies the request for a variance, then the permittee shall either remove the facility from the right-of-way or modify the facility so that it conforms to the permit and submit revised drawings or plans therefor.
A.
Required coverages and limits.
(1)
Unless otherwise provided by franchise, license, or similar agreement, each utility occupying a right-of-way or constructing any facility in the right-of-way shall secure and maintain the following liability insurance policies insuring the utility as named insured and naming the City, and its elected and appointed officers, officials, agents, and employees, as additional insureds on the policies listed in Subsection A(1)(a) and (b) below:
(a)
Commercial general liability insurance, including
premises-operations, explosion, collapse, and underground hazard (commonly
referred to as "X," "C," and "U" coverages) and products-completed
operations coverage with limits not less than:
(b)
Automobile liability for owned, non-owned and
hired vehicles with a combined single limit of $1,000,000 for personal
injury and property damage for each accident;
(c)
Worker's compensation with statutory limits;
and
(d)
Employer's liability insurance with limits of
not less than $1,000,000 per employee and per accident.
(2)
If the utility is not providing such insurance to
protect the contractors and subcontractors performing the work, then
such contractors and subcontractors shall comply with this section.
B.
Excess or umbrella policies. The coverages required
by this section may be in any combination of primary, excess, and
umbrella policies. Any excess or umbrella policy must provide excess
coverage over underlying insurance on a following-form basis such
that when any loss covered by the primary policy exceeds the limits
under the primary policy, the excess or umbrella policy becomes effective
to cover such loss.
C.
Copies required. The utility shall provide copies
of any of the policies required by this section to the City within
10 days following receipt of a written request therefor from the City.
D.
Maintenance and renewal of required coverages.
(1)
The insurance policies required by this section shall
contain the following endorsement:
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"It is hereby understood and agreed that this
policy may not be canceled nor the intention not to renew be stated
until 30 days after receipt by the City, by registered mail or certified
mail, return receipt requested, of a written notice addressed to the
City Manager of such intent to cancel or not to renew."
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(2)
Within 10 days after receipt by the City of said notice,
and in no event later than 10 days prior to said cancellation, the
utility shall obtain and furnish to the City evidence of replacement
insurance policies meeting the requirements of this section.
E.
Self-Insurance. A utility may self-insure all or a portion of the insurance coverage and limit requirements required by Subsection A of this section. A utility that self-insures is not required, to the extent of such self-insurance, to comply with the requirement for the naming of additional insureds under Subsection A, or the requirements of Subsections B, C and D of this section. A utility that elects to self-insure shall provide to the City evidence sufficient to demonstrate its financial ability to self-insure the insurance coverage and limit requirements required under Subsection A of this section, such as evidence that the utility is a "private self insurer" under the Workers Compensation Act.
F.
Effect of insurance and self-insurance on utility's
liability. The legal liability of the utility to the City and any
person for any of the matters that are the subject of the insurance
policies or self-insurance required by this section shall not be limited
by such insurance policies or self-insurance or by the recovery of
any amounts thereunder.
G.
Insurance companies. All insurance provided pursuant
to this section shall be effected under valid and enforceable policies,
issued by insurers legally able to conduct business with the licensee
in the State of Illinois. (All insurance carriers and surplus line
carriers shall be rated "A-" or better and of a class size "X" or
higher by A.M. Best Company.)
By occupying or constructing facilities in the
right-of-way, a utility shall be deemed to agree to defend, indemnify
and hold the City and its elected and appointed officials and officers,
employees, agents and representatives harmless from and against any
and all injuries, claims, demands, judgments, damages, losses and
expenses, including reasonable attorney's fees and costs of suit or
defense, arising out of, resulting from or alleged to arise out of
or result from the negligent, careless or wrongful acts, omissions,
failures to act or misconduct of the utility or its affiliates, officers,
employees, agents, contractors or subcontractors in the construction
of facilities or occupancy of the rights-of-way, and in providing
or offering service over the facilities, whether such acts or omissions
are authorized, allowed or prohibited by this chapter or by a franchise,
license, or similar agreement; provided, however, that the utility's
indemnity obligations hereunder shall not apply to any injuries, claims,
demands, judgments, damages, losses or expenses arising out of or
resulting from the negligence, misconduct or breach of this chapter
by the City, its officials, officers, employees, agents or representatives.
A.
Purpose. The permittee shall establish a security
fund in a form and in an amount as set forth in this section. The
security fund shall be continuously maintained in accordance with
this section at the permittee's sole cost and expense until the completion
of the work authorized under the permit. The security fund shall serve
as security for:
(1)
The faithful performance by the permittee of all the
requirements of this chapter;
(2)
Any expenditure, damage, or loss incurred by the City
occasioned by the permittee's failure to comply with any codes, rules,
regulations, orders, permits and other directives of the City issued
pursuant to this chapter; and
(3)
The payment by permittee of all liens and all damages,
claims, costs, or expenses that the City may pay or incur by reason
of any action or nonperformance by permittee in violation of this
chapter, including, without limitation, any damage to public property
or restoration work the permittee is required by this chapter to perform
that the City must perform itself or have completed as a consequence
solely of the permittee's failure to perform or complete, and all
other payments due the City from the permittee pursuant to this chapter
or any other applicable law.
B.
Form. The permittee shall provide the security fund
to the City in the form, at the permittee's election, of cash, a surety
bond in a form acceptable to the City, or an unconditional letter
of credit in a form acceptable to the City. Any surety bond or letter
of credit provided pursuant to this subsection shall, at a minimum:
(1)
Provide that it will not be canceled without prior
notice to the City and the permittee;
(2)
Not require the consent of the permittee prior to
the collection by the City of any amounts covered by it; and
(3)
Provide a location convenient to the City and within
the State of Illinois at which it can be drawn.
C.
Amount. The dollar amount of the security fund shall be sufficient to provide for the reasonably estimated cost to restore the right-of-way to at least as good a condition as that existing prior to the construction under the permit, as determined by the City Engineer, and may also include reasonable, directly related costs that the City estimates are likely to be incurred if the permittee fails to perform such restoration. Where the construction of facilities proposed under the permit will be performed in phases in multiple locations in the City, with each phase consisting of construction of facilities in one location or a related group of locations, and where construction in another phase will not be undertaken prior to substantial completion of restoration in the previous phase or phases, the City Engineer may, in the exercise of sound discretion, allow the permittee to post a single amount of security which shall be applicable to each phase of the construction under the permit. The amount of the security fund for phased construction shall be equal to the greatest amount that would have been required under the provisions of this Subsection C for any single phase.
D.
Withdrawals. The City, upon 14 days' advance written
notice clearly stating the reason for, and its intention to exercise,
withdrawal rights under this subsection, may withdraw an amount from
the security fund, provided that the permittee has not reimbursed
the City for such amount within the fourteen-day notice period. Withdrawals
may be made if the permittee:
(1)
Fails to make any payment required to be made by the
permittee hereunder;
(2)
Fails to pay any liens relating to the facilities
that are due and unpaid;
(3)
Fails to reimburse the City for any damages, claims,
costs or expenses which the City has been compelled to pay or incur
by reason of any action or nonperformance by the permittee; or
(4)
Fails to comply with any provision of this chapter
that the City determines can be remedied by an expenditure of an amount
in the security fund.
E.
Replenishment. Within 14 days after receipt of written notice from the City that any amount has been withdrawn from the security fund, the permittee shall restore the security fund to the amount specified in Subsection C of this section.
F.
Interest. The permittee may request that any and all interest accrued on the amount in the security fund be returned to the permittee by the City, upon written request for said withdrawal to the City, provided that any such withdrawal does not reduce the security fund below the minimum balance required in Subsection C of this section.
G.
Closing and return of security fund. Upon completion
of the work authorized under the permit, the permittee shall be entitled
to the return of the security fund, or such portion thereof as remains
on deposit, within a reasonable time after account is taken for all
offsets necessary to compensate the City for failure by the permittee
to comply with any provisions of this chapter or other applicable
law. In the event of any revocation of the permit, the security fund,
and any and all accrued interest therein, shall become the property
of the City to the extent necessary to cover any reasonable costs,
loss or damage incurred by the City as a result of said revocation,
provided that any amounts in excess of said costs, loss or damage
shall be refunded to the permittee.
H.
Rights not limited. The rights reserved to the City
with respect to the security fund are in addition to all other rights
of the City, whether reserved by this chapter or otherwise authorized
by law, and no action, proceeding or exercise of right with respect
to said security fund shall affect any other right the City may have.
Notwithstanding the foregoing, the City shall not be entitled to a
double monetary recovery with respect to any of its rights, which
may be infringed or otherwise violated.
A.
City right to revoke permit. The City may revoke or
suspend a permit issued pursuant to this chapter for one or more of
the following reasons:
(1)
Fraudulent, false, misrepresenting, or materially
incomplete statements in the permit application;
(2)
Noncompliance with this chapter;
(3)
Permittee's physical presence or presence of permittee's
facilities on, over, above, along, upon, under, across, or within
the rights-of-way presents a direct or imminent threat to the public
health, safety, or welfare; or
(4)
Permittee's failure to construct the facilities substantially
in accordance with the permit and approved plans.
B.
Notice of revocation or suspension. The City shall send written notice of its intent to revoke or suspend a permit issued pursuant to this chapter stating the reason or reasons for the revocation or suspension and the alternatives available to permittee under this § 427-11.
C.
Permittee alternatives upon receipt of notice of revocation
or suspension.
(1)
Upon receipt of a written notice of revocation or
suspension from the City, the permittee shall have the following options:
(a)
Immediately provide the City with evidence that
no cause exists for the revocation or suspension;
(b)
Immediately correct, to the satisfaction of
the City, the deficiencies stated in the written notice, providing
written proof of such correction to the City within five working days
after receipt of the written notice of revocation; or
(c)
Immediately remove the facilities located on,
over, above, along, upon, under, across, or within the rights-of-way
and restore the rights-of-way to the satisfaction of the City, providing
written proof of such removal to the City within 10 days after receipt
of the written notice of revocation.
(2)
The City may, in its discretion, for good cause shown,
extend the time periods provided in this subsection.
D.
Stop-work order. In addition to the issuance of a notice of revocation or suspension, the City may issue a stop-work order immediately upon discovery of any of the reasons for revocation set forth within Subsection A of this section.
E.
Failure or refusal of the permittee to comply. If the permittee fails to comply with the provisions of Subsection C of this section, the City or its designee may, at the option of the City: (1) correct the deficiencies; (2) upon not less than 20 days' notice to the permittee, remove the subject facilities or equipment; or (3) after not less than 30 days' notice to the permittee of failure to cure the noncompliance, deem them abandoned and property of the City. The permittee shall be liable in all events to the City for all costs of removal.
A.
Notification of change. A utility shall notify the
City no less than 30 days prior to the transfer of ownership of any
facility in the right-of-way or change in identity of the utility.
The new owner of the utility or the facility shall have all the obligations
and privileges enjoyed by the former owner under the permit, if any,
and applicable laws, ordinances, rules and regulations, including
this chapter, with respect to the work and facilities in the right-of-way.
B.
Amended permit. A new owner shall request that any
current permit be amended to show current ownership. If the new owner
fails to have a new or amended permit issued in its name, the new
owner shall be presumed to have accepted, and agreed to be bound by,
the terms and conditions of the permit if the new owner uses the facility
or allows it to remain on the City's right-of-way.
C.
Insurance and bonding. All required insurance coverage
or bonding must be changed to reflect the name of the new owner upon
transfer.
A.
Standards and principles. All construction in the
right-of-way shall be consistent with applicable ordinances, codes,
laws rules and regulations, and commonly recognized and accepted traffic
control and construction principles, sound engineering judgment and,
where applicable, the principles and standards set forth in the following
IDOT publications, as amended from time to time:
(1)
Standard Specifications for Road and Bridge Construction;
(2)
Supplemental Specifications and Recurring Special
Provisions;
(3)
Bureau of Design and Environmental Manual;
(4)
Highway Standards;
(5)
Illinois Manual on Uniform Traffic Control Devices
(92 Ill. Adm. Code § 545);
(6)
Flagger's Handbook; and
(7)
Work Site Protection Manual for Daylight Maintenance
Operations.
B.
Interpretation of municipal standards and principles.
If a discrepancy exists between or among differing principles and
standards required by this chapter, the City Engineer shall determine,
in the exercise of sound engineering judgment, which principles apply,
and such decision shall be final. If requested, the City Engineer
shall state which standard or principle will apply to the construction,
maintenance, or operation of a facility in the future.
A.
Minimum requirements. The City's minimum requirements
for traffic control protection are contained in Illinois Manual on
Uniform Traffic Control Devices and this Code.
B.
Warning signs, protective devices, and flaggers. The
utility is responsible for providing and installing warning signs,
protective devices and flaggers, meeting applicable federal, state,
and local requirements for protection of the public and the utility's
workers when performing any work on the rights-of-way.
C.
Interference with traffic. All work shall be phased
so that there is minimum interference with pedestrian and vehicular
traffic.
D.
Notice when access is blocked. At least 48 hours prior to beginning work that will partially or completely block access to any residence, business or institution, the utility shall notify the resident, business or institution of the approximate beginning time and duration of such work; provided, however, that in cases involving emergency repairs pursuant to § 427-20 of this chapter, the utility shall provide such notice as is practicable under the circumstances.
E.
Compliance. The utility shall take immediate action
to correct any deficiencies in traffic protection requirements that
are brought to the utility's attention by the City.
A.
General requirements. In addition to location requirements
applicable to specific types of utility facilities, all utility facilities,
regardless of type, shall be subject to the general location requirements
of this subsection.
(1)
No interference with City facilities. No utility facilities
shall be placed in any location if the City Engineer determines that
the proposed location will require the relocation or displacement
of any of the City's utility facilities or will otherwise interfere
with the operation or maintenance of any of the City's utility facilities.
(2)
Minimum interference and impact. The proposed location
shall cause only the minimum possible interference with the use of
the right-of-way and shall cause only the minimum possible impact
upon, and interference with, the rights and reasonable convenience
of property owners who adjoin said right-of-way.
(3)
No interference with travel. No utility facility shall
be placed in any location that interferes with the usual travel on
such right-of-way.
(4)
No limitations on visibility. No utility facility
shall be placed in any location so as to limit visibility of or by
users of the right-of-way.
(5)
Size of utility facilities. The proposed installation
shall use the smallest suitable vaults, boxes, equipment enclosures,
power pedestals, and/or cabinets then in use by the facility owner,
regardless of location, for the particular application.
B.
Parallel facilities located within highways.
(1)
Overhead parallel facilities. An overhead parallel
facility may be located within the right-of-way lines of a highway
only if:
(a)
Lines are located as near as practicable to
the right-of-way line and as nearly parallel to the right-of-way line
as reasonable pole alignment will permit;
(b)
Where pavement is curbed, poles are as remote
as practicable from the curb, with a minimum distance of two feet
(0.6 m) behind the back of the curb, where available;
(c)
Where pavement is uncurbed, poles are as remote
from pavement edge as practicable, with a minimum distance of four
feet (1.2 m) outside the outer shoulder line of the roadway, and are
not within the clear zone;
(d)
No pole is located in the ditch line of a highway;
and
(e)
Any ground-mounted appurtenance is located within
one foot (0.3 m) of the right-of-way line or as near as possible to
the right-of-way line.
(2)
Underground parallel facilities. An underground parallel
facility may be located within the right-of-way lines of a highway
only if:
(a)
The facility is located as near the right-of-way
line as practicable and not more than eight feet (2.4 m) from and
parallel to the right-of-way line;
(b)
A new facility may be located under the paved
portion of a highway only if other locations are impracticable or
inconsistent with sound engineering judgment (e.g., a new cable may
be installed in existing conduit without disrupting the pavement);
and
(c)
In the case of an underground power or communications
line, the facility shall be located as near the right-of-way line
as practicable and not more than five feet (1.5 m) from the right-of-way
line, and any aboveground appurtenance shall be located within one
foot (0.3 m) of the right-of-way line or as near as practicable.
(3)
Separation from parallel water and sewer facilities
shall be a minimum of eight feet laterally unless approved by the
City Engineer.
C.
Facilities crossing highways.
(1)
No future disruption. The construction and design
of crossing facilities installed between the ditch lines or curb lines
of City highways may require the incorporation of materials and protections
(such as encasement or additional cover) to avoid settlement or future
repairs to the roadbed resulting from the installation of such crossing
facilities.
(2)
Cattle passes, culverts, or drainage facilities. Crossing
facilities shall not be located in cattle passes, culverts, or drainage
facilities.
(3)
Ninety-degree crossing required. Crossing facilities
shall cross at or as near to a 90° angle to the center line as
practicable.
(4)
Overhead power or communication facility. An overhead
power or communication facility may cross a highway only if:
(a)
It has a minimum vertical line clearance as
required by ICC's rules entitled, "Construction of Electric Power
and Communication Lines" (83 Ill. Adm. Code § 305);
(b)
Poles are located within one foot (0.3 m) of
the right-of-way line of the highway and outside of the clear zone;
and
(c)
Overhead crossings at major intersections are
avoided.
(5)
Underground power or communication facility. An underground
power or communication facility may cross a highway only if:
(6)
Markers. The City may require the utility to provide
a marker at each right-of-way line where an underground facility other
than a power or communication facility crosses a highway. Each marker
shall identify the type of facility, the utility, and an emergency
phone number. Markers may also be eliminated as provided in current
federal regulations. [49 CFR 192.707 (1989)].
D.
Facilities to be located within particular rights-of-way.
The City may require that facilities be located within particular
rights-of-way that are not highways, rather than within particular
highways.
F.
Facilities installed above ground. Aboveground facilities
may be installed only if:
(1)
No other existing facilities in the area are located
underground;
(2)
New underground installation is not technically feasible;
and
(3)
The proposed installation will be made at a location,
and will employ suitable design and materials, to provide the greatest
protection of aesthetic qualities of the area being traversed without
adversely affecting safety. Suitable designs include, but are not
limited to, self-supporting armless, single-pole construction with
vertical configuration of conductors and cable. Existing utility poles
and light standards shall be used wherever practicable; the installation
of additional utility poles is strongly discouraged.
G.
Facility attachments to bridges or roadway structures.
(1)
Facilities may be installed as attachments to bridges
or roadway structures only where the utility has demonstrated that
all other means of accommodating the facility are not practicable.
Other means shall include, but are not limited to, underground, underwater,
independent poles, cable supports and tower supports, all of which
are completely separated from the bridge or roadway structure. Facilities
transmitting commodities that are volatile, flammable, corrosive,
or energized, especially those under significant pressure or potential,
present high degrees of risk and such installations are not permitted.
(2)
A utility shall include in its request to accommodate
a facility installation on a bridge or roadway structure supporting
data demonstrating the impracticability of alternate routing. Approval
or disapproval of an application for facility attachment to a bridge
or roadway structure will be based upon the following considerations:
(a)
The type, volume, pressure or voltage of the
commodity to be transmitted and an evaluation of the resulting risk
to persons and property in the event of damage to or failure of the
facility;
(b)
The type, length, value, and relative importance
of the highway structure in the transportation system;
(c)
The alternative routings available to the utility
and their comparative practicability;
(d)
The proposed method of attachment;
(e)
The ability of the structure to bear the increased
load of the proposed facility;
(f)
The degree of interference with bridge maintenance
and painting;
(g)
The effect on the visual quality of the structure;
and
(h)
The public benefit expected from the utility
service as compared to the risk involved.
H.
Appearance standards.
(1)
The City may prohibit the installation of facilities
in particular locations in order to preserve visual quality.
(2)
A facility may be constructed only if its construction
does not require extensive removal or alteration of trees or terrain
features visible to the right-of-way user or to adjacent residents
and property owners, and if it does not impair the aesthetic quality
of the lands being traversed.
(3)
The Director of Public Works, in consultation with the City Engineer, shall be authorized to develop and amend from time to time a City of Crystal Lake Right-of-Way Design Manual setting forth guidelines for the implementation and administration of this Chapter 427, consistent with the purposes and requirements set forth herein. All facilities and structures constructed pursuant to this chapter shall comply with the City of Crystal Lake Right-of-Way Design Manual unless otherwise required by applicable law.
[Added 7-2-2019 by Ord.
No. 7556]
A.
Standards and requirements for particular types of
construction methods.
(1)
Boring or jacking.
(a)
Pits and shoring. Boring or jacking under rights-of-way
shall be accomplished from pits located at a minimum distance specified
by the City Engineer from the edge of the pavement. Pits for boring
or jacking shall be excavated no more than 48 hours in advance of
boring or jacking operations and backfilled within 48 hours after
boring or jacking operations are completed. While pits are open, they
shall be clearly marked and protected by barricades and fencing. Shoring
shall be designed, erected, supported, braced, and maintained so that
it will safely support all vertical and lateral loads that may be
imposed upon it during the boring or jacking operation.
(b)
Wet boring or jetting. Wet boring or jetting
shall not be permitted under the roadway.
(c)
Borings with diameters greater than six inches.
Borings over six inches (0.15 m) in diameter shall be accomplished
with an auger and following pipe, and the diameter of the auger shall
not exceed the outside diameter of the following pipe by more than
one inch (25 mm).
(d)
Borings with diameters six inches or less. Borings
of six inches or less in diameter may be accomplished by either jacking,
guided with auger, or auger and following pipe method.
(e)
Tree preservation. Any facility located within
the drip line of any tree designated by the City to be preserved or
protected shall be bored under or around the root system.
(2)
Trenching. Trenching for facility installation, repair,
or maintenance on rights-of-way shall be done in accord with the applicable
portions of Section 603 of IDOT's "Standard Specifications for Road
and Bridge Construction."
(a)
Length. The length of open trench shall be kept
to the practicable minimum consistent with requirements for pipe-line
testing. Only 1/2 of any intersection may have an open trench at any
time unless special permission is obtained from the City Engineer.
(b)
Open trench and excavated material. Open trench
and windrowed excavated material shall be protected as required in
Part 6 of the Illinois Manual on Uniform Traffic Control Devices.
Where practicable, the excavated material shall be deposited between
the roadway and the trench as added protection. Excavated material
shall not be allowed to remain on the paved portion of the roadway.
Where right-of-way width does not allow for windrowing excavated material
off the paved portion of the roadway, excavated material shall be
hauled to an off-road location.
(c)
Drip line of trees. The utility shall not trench
within the drip line of any tree designated by the City to be preserved.
(3)
Backfilling.
(a)
Any pit, trench, or excavation created during
the installation of facilities shall be backfilled for its full width,
depth, and length using methods and materials in accordance with IDOT's
"Standard Specifications for Road and Bridge Construction" and applicable
City standard detail. When excavated material is hauled away or is
unsuitable for backfill, suitable granular backfill shall be used.
(b)
For a period of three years from the date construction
of a facility is completed, the utility shall be responsible to remove
and restore any backfilled area that has settled due to construction
of the facility. If so ordered by the Engineer, the utility, at its
expense, shall remove any pavement and backfill material to the top
of the installed facility, place and properly compact new backfill
material, and restore new pavement, sidewalk, curbs, and driveways
to the proper grades, as determined by the Engineer.
(4)
Pavement cuts. Pavement cuts for facility installation or repair shall be permitted on a highway only if that portion of the highway is closed to traffic. If a variance to the limitation set forth in this Subsection A(4) is permitted under § 427-21, the following requirements shall apply:
(a)
Any excavation under pavements shall be backfilled
and compacted as soon as practicable with granular material per the
applicable City standard detail, as designated by the Engineer.
(b)
Restoration of pavement, in kind, shall be accomplished
as soon as practicable, and temporary repair with bituminous mixture
shall be provided immediately. Any subsequent failure of either the
temporary repair or the restoration shall be rebuilt upon notification
by the City.
(c)
All saw cuts shall be full depth.
(d)
For all rights-of-way which have been reconstructed
with a concrete surface/base in the last seven years, or resurfaced
in the last three years, permits shall not be issued unless such work
is determined to be an emergency repair or other work considered necessary
and unforeseen before the time of the reconstruction or unless a pavement
cut is necessary for a J.U.L.I.E. locate.
(5)
Encasement.
(a)
Casing pipe shall be designed to withstand the
load of the highway and any other superimposed loads. The casing shall
be continuous either by one-piece fabrication or by welding or jointed
installation approved by the City.
(b)
The venting, if any, of any encasement shall
extend within one foot (0.3 m) of the right-of-way line. No aboveground
vent pipes shall be located in the area established as clear zone
for that particular section of the highway.
(c)
In the case of water main or service crossing,
encasement shall be furnished between bore pits unless continuous
pipe or City-approved jointed pipe is used under the roadway. Casing
may be omitted only if pipe is installed prior to highway construction
and carrier pipe is continuous or mechanical joints are of a type
approved by the City. Bell-and-spigot-type pipe shall be encased regardless
of installation method.
(d)
In the case of gas pipelines of 60 psig or less,
encasement may be eliminated.
(f)
If encasement is eliminated for a gas or petroleum
products pipeline, the facility shall be located so as to provide
that construction does not disrupt the right-of-way.
(6)
Minimum cover of underground facilities. Cover shall
be provided and maintained at least in the amount specified in the
following table for minimum cover for the type of facility:
|
Type of Facility
|
Minimum Cover
| |
|---|---|---|
|
Electric lines
|
30 inches (0.8 m)
| |
|
Communication, cable or video service lines
|
18 to 24 inches (0.6 m, as determined by City)
| |
|
Gas or petroleum products
|
30 inches (0.8 m)
| |
|
Water line
|
Sufficient cover to provide freeze protection
| |
|
Sanitary sewer, storm sewer, or drainage line
|
Sufficient cover to provide freeze protection
|
B.
Standards and requirements for particular types of
facilities.
(1)
Electric power or communication lines.
(a)
Code compliance. Electric power or communications
facilities within City rights-of-way shall be constructed, operated,
and maintained in conformity with the provisions of 83 Ill. Adm. Code
Part 305 (formerly General Order 160 of the Illinois Commerce Commission)
entitled "Rules for Construction of Electric Power and Communications
Lines," and the National Electrical Safety Code.
(b)
Overhead facilities. Overhead power or communication
facilities shall use single-pole construction and, where practicable,
joint use of poles shall be used. Utilities shall make every reasonable
effort to design the installation so guys and braces will not be needed.
Variances may be allowed if there is no feasible alternative and if
guy wires are equipped with guy guards for maximum visibility.
(c)
Underground facilities.
[1]
Cable may be installed by trenching or plowing,
provided that special consideration is given to boring in order to
minimize damage when crossing improved entrances and side roads.
[2]
If a crossing is installed by boring or jacking,
encasement shall be provided between jacking or bore pits. Encasement
may be eliminated only if:
[3]
Cable shall be grounded in accordance with the
National Electrical Safety Code.
(d)
Burial of drops. All temporary service drops
placed between November 1 of the prior year and March 15 of the current
year, also known as "snowdrops," shall be buried by May 31 of the
current year, weather permitting, unless otherwise permitted by the
City. Weather permitting, utilities shall bury shall temporary drops,
excluding snowdrops, within 10 business days after placement.
(2)
Underground facilities other than electric power or
communication lines. Underground facilities other than electric power
or communication lines may be installed by:
(a)
The use of "moles," "whip augers," or other
approved methods which compress the earth to move the opening for
the pipe;
(b)
Jacking or boring with vented encasement provided
between the ditch lines or toes of slopes of the highway;
(c)
Open trench with vented encasement between ultimate
ditch lines or toes of slopes, but only if prior to roadway construction;
or
(d)
Tunneling with vented encasement, but only if
installation is not possible by other means.
(3)
Gas transmission, distribution and service. Gas pipelines
within rights-of-way shall be constructed, maintained, and operated
in a City-approved manner and in conformance with the Federal Code
of the Office of Pipeline Safety Operations, Department of Transportation,
Part 192 — Transportation of Natural and Other Gas by Pipeline:
Minimum Federal Safety Standards (49 CFR 192), IDOT's "Standard Specifications
for Road and Bridge Construction," and all other applicable laws,
rules, and regulations.
(4)
Petroleum products pipelines. Petroleum products pipelines
within rights-of-way shall conform to the applicable sections of ANSI
Standard Code for Pressure Piping (Liquid Petroleum Transportation
Piping Systems ANSI-B 31.4).
(5)
Waterlines, sanitary sewer lines, stormwater sewer
lines or drainage lines. Water lines, sanitary sewer lines, storm
sewer lines, and drainage lines within rights-of-way shall meet or
exceed the recommendations of the current "Standard Specifications
for Water and Sewer Main Construction in Illinois."
(6)
Ground-mounted appurtenances. Ground-mounted appurtenances
to overhead or underground facilities, when permitted within a right-of-way,
shall be provided with a vegetation-free area extending one foot (305
mm) in width beyond the appurtenance in all directions. The vegetation-free
area may be provided by an extension of the mounting pad, or by heavy-duty
plastic or similar material approved by the Engineer. With the approval
of the Engineer, shrubbery surrounding the appurtenance may be used
in place of a vegetation-free area. The housing for ground-mounted
appurtenances shall be painted a neutral color to blend with the surroundings.
C.
Materials.
(1)
General standards. The materials used in constructing
facilities within rights-of-way shall be those meeting the accepted
standards of the appropriate industry, the applicable portions of
IDOT's "Standards Specifications for Road and Bridge Construction,"
the requirements of the Illinois Commerce Commission, or the standards
established by other official regulatory agencies for the appropriate
industry.
(2)
Material storage on right-of-way. No material shall
be stored on the right-of-way without the prior written approval of
the City Engineer. When such storage is permitted, all pipe, conduit,
wire, poles, cross arms, or other materials shall be distributed along
the right-of-way prior to and during installation in a manner to minimize
hazards to the public or an obstacle to right-of-way maintenance or
damage to the right-of-way and other property. Appropriate barricading
is required. If material is to be stored on right-of-way, prior approval
must be obtained from the City.
(3)
Hazardous materials. The plans submitted by the utility
to the City shall identify any hazardous materials that may be involved
in the construction of the new facilities or removal of any existing
facilities.
D.
Operational restrictions.
(1)
Construction operations on rights-of-way may, at the
discretion of the City, be required to be discontinued when such operations
would create hazards to traffic or the public health, safety, and
welfare. Such operations may also be required to be discontinued or
restricted when conditions are such that construction would result
in extensive damage to the right-of-way or other property.
(2)
These restrictions may be waived by the Engineer when
emergency work is required to restore vital utility services.
E.
Location of existing facilities. Any utility proposing
to construct facilities in the City shall contact J.U.L.I.E. and ascertain
the presence and location of existing aboveground and underground
facilities within the rights-of-way to be occupied by its proposed
facilities. The City will make its permit records available to a utility
for the purpose of identifying possible facilities. When notified
of an excavation or when requested by the City or by J.U.L.I.E., a
utility shall locate and physically mark its underground facilities
within 48 hours, excluding weekends and holidays, in accordance with
the Illinois Underground Facilities Damage Prevention Act (220 ILCS
50/1 et seq.)
A.
Electric utilities; compliance with state laws and
regulations. An electric utility shall conduct all tree-trimming and
vegetation control activities in the right-of-way in accordance with
applicable Illinois laws and regulations, and additionally, with such
local franchise or other agreement with the City as permitted by law.
B.
Other utilities; tree trimming permit required. Tree
trimming that is done by any other utility with facilities in the
right-of-way, and that is not performed pursuant to applicable Illinois
laws and regulations specifically governing same, shall not be considered
a normal maintenance operation, but shall require the application
for, and the issuance of, a permit, in addition to any other permit
required under this chapter.
(1)
Application for tree trimming permit. Applications
for tree trimming permits shall include assurance that the work will
be accomplished by competent workers with supervision who are experienced
in accepted tree pruning practices. Tree trimming permits shall designate
an expiration date in the interest of assuring that the work will
be expeditiously accomplished.
(2)
Damage to trees. Poor pruning practices resulting
in damaged or misshapen trees will not be tolerated and shall be grounds
for cancellation of the tree trimming permit and for assessment of
damages. The City will require compensation for trees extensively
damaged and for trees removed without authorization. The formula developed
by the International Society of Arboriculture will be used as a basis
for determining the compensation for damaged trees or unauthorized
removal of trees. The City may require the removal and replacement
of trees if trimming or radical pruning would leave them in an unacceptable
condition.
C.
Specimen trees or trees of special significance. The
City may require that special measures be taken to preserve specimen
trees or trees of special significance. The required measures may
consist of higher poles, side arm extensions, covered wire or other
means.
D.
Chemical use.
(1)
Except as provided in the following subsection, no
utility shall spray, inject or pour any chemicals on or near any trees,
shrubs or vegetation in the City for any purpose, including the control
of growth, insects or disease.
(2)
Spraying of any type of brush-killing chemicals will
not be permitted on rights-of-way unless the utility demonstrates
to the satisfaction of the Director of Public Works that such spraying
is the only practicable method of vegetation control.
A.
Notice. Within 90 days following written notice from
the City, a utility shall, at its own expense, protect, support, temporarily
or permanently disconnect, remove, relocate, change or alter the position
of any utility facilities within the rights-of-way whenever the corporate
authorities have determined that such removal, relocation, change
or alteration is reasonably necessary for the construction, repair,
maintenance, or installation of any City improvement in or upon, or
the operations of the City in or upon, the rights-of-way.
B.
Removal of unauthorized facilities. Within 30 days
following written notice from the City, any utility that owns, controls,
or maintains any unauthorized facility or related appurtenances within
the rights-of-way shall, at its own expense, remove all or any part
of such facilities or appurtenances from the rights-of-way. A facility
is unauthorized and subject to removal in the following circumstances:
(1)
Upon expiration or termination of the permittee's
license or franchise, unless otherwise permitted by applicable law;
(2)
If the facility was constructed or installed without
the prior grant of a license or franchise, if required;
(3)
If the facility was constructed or installed without
prior issuance of a required permit in violation of this chapter;
or
(4)
If the facility was constructed or installed at a
location not permitted by the permittee's license or franchise.
C.
Emergency removal or relocation of facilities. The
City retains the right and privilege to cut or move any facilities
located within the rights-of-way of the City, as the City may determine
to be necessary, appropriate or useful in response to any public health
or safety emergency. If circumstances permit, the municipality shall
attempt to notify the utility, if known, prior to cutting or removing
a facility and shall notify the utility, if known, after cutting or
removing a facility.
D.
Abandonment of facilities. Upon abandonment of a facility
within the rights-of-way of the City, the utility shall notify the
City within 90 days. Following receipt of such notice, the City may
direct the utility to remove all or any portion of the facility if
the City Engineer determines that such removal will be in the best
interest of the public health, safety and welfare. In the event that
the City does not direct the utility that abandoned the facility to
remove it, by giving notice of abandonment to the City, the abandoning
utility shall be deemed to consent to the alteration or removal of
all or any portion of the facility by another utility or person.
The utility shall remove all excess material
and restore all turf and terrain and other property within 10 days
after any portion of the rights-of-way are disturbed, damaged or destroyed
due to construction or maintenance by the utility, all to the satisfaction
of the City. This includes restoration of entrances and side roads.
Restoration of roadway surfaces shall be made using materials and
methods approved by the City Engineer. Such cleanup and repair may
be required to consist of backfilling, regrading, reseeding, resodding,
or any other requirement to restore the right-of-way to a condition
substantially equivalent to that which existed prior to the commencement
of the project. The time period provided in this section may be extended
by the City Engineer for good cause shown.
A.
General. Facilities on, over, above, along, upon,
under, across, or within rights-of-way are to be maintained by or
for the utility in a manner satisfactory to the City and at the utility's
expense.
B.
Emergency maintenance procedures. Emergencies may
justify noncompliance with normal procedures for securing a permit:
(1)
If an emergency creates a hazard on the traveled portion
of the right-of-way, the utility shall take immediate steps to provide
all necessary protection for traffic on the highway or the public
on the right-of-way, including the use of signs, lights, barricades
or flaggers. If a hazard does not exist on the traveled way, but the
nature of the emergency is such as to require the parking on the shoulder
of equipment required in repair operations, adequate signs and lights
shall be provided. Parking on the shoulder in such an emergency will
only be permitted when no other means of access to the facility is
available.
(2)
In an emergency, the utility shall, as soon as possible,
notify the City Engineer or his or her duly authorized agent of the
emergency, informing him or her as to what steps have been taken for
protection of the traveling public and what will be required to make
the necessary repairs. If the nature of the emergency is such as to
interfere with the free movement of traffic, the City police shall
be notified immediately.
(3)
In an emergency, the utility shall use all means at
hand to complete repairs as rapidly as practicable and with the least
inconvenience to the traveling public.
C.
Emergency repairs. The utility must file in writing
with the City a description of the repairs undertaken in the right-of-way
within 48 hours after an emergency repair.
A.
Request for variance. A utility requesting a variance
from one or more of the provisions of this chapter must do so in writing
to the City Engineer as a part of the permit application. The request
shall identify each provision of this chapter from which a variance
is requested and the reasons why a variance should be granted.
B.
Authority to grant variances. The City Engineer shall
decide whether a variance is authorized for each provision of this
chapter identified in the variance request on an individual basis.
C.
Conditions for granting of variance. The City Engineer
may authorize a variance only if the utility requesting the variance
has demonstrated that:
(1)
One or more conditions not under the control of the
utility (such as terrain features or an irregular right-of-way line)
create a special hardship that would make enforcement of the provision
unreasonable, given the public purposes to be achieved by the provision;
and
(2)
All other designs, methods, materials, locations or
facilities that would conform with the provision from which a variance
is requested are impracticable in relation to the requested approach.
D.
Additional conditions for granting of a variance.
As a condition for authorizing a variance, the City Engineer may require
the utility requesting the variance to meet reasonable standards and
conditions that may or may not be expressly contained within this
chapter but which carry out the purposes of this chapter.
E.
Right to appeal. Any utility aggrieved by any order,
requirement, decision or determination, including denial of a variance,
made by the City Engineer under the provisions of this chapter shall
have the right to appeal to the City Council, or such other board
or commission as it may designate. The application for appeal shall
be submitted in writing to the City Clerk within 30 days after the
date of such order, requirement, decision or determination. The City
Council shall commence its consideration of the appeal at the Council's
next regularly scheduled meeting occurring at least seven days after
the filing of the appeal. The City Council shall timely decide the
appeal.
Each registrant and permittee shall provide
mapping information as directed by the City Engineer. Within 90 days
following completion of any work pursuant to a permit, the permittee
shall provide the City Engineer accurate maps and drawings certifying
the "as-built" location of all equipment installed, owned and maintained
by the permittee. Such maps and drawings shall include the horizontal
and vertical location of all facilities and equipment and shall be
provided consistent with the City's electronic mapping system.
Any person who violates, disobeys, omits, neglects or refuses to comply with any of the provisions of this chapter shall be subject to fine in accordance with the penalty provisions of this Code (see Chapter 1, Article II, General Penalty). There may be times when the City will incur delay or other costs, including third-party claims, because the utility will not or cannot perform its duties under its permit and this chapter. Unless the utility shows that another allocation of the cost of undertaking the requested action is appropriate, the utility shall bear the City's costs of damages and its costs of installing, maintaining, modifying, relocating, or removing the facility that is the subject of the permit. No other administrative agency or commission may review or overrule a permit-related cost apportionment of the City. Sanctions may be imposed upon a utility that does not pay the costs apportioned to it.
Nothing in this chapter shall be construed as
limiting any additional or further remedies that the City may have
for enforcement of this chapter.
