[HISTORY: Adopted by the President and Board of Trustees
of the Village of Bannockburn as indicated in article histories. Amendments
noted where applicable.]
[Adopted 11-12-2007 by Ord. No. 2007-35]
A.
Purpose. The purpose of this article is to establish policies and
procedures for constructing facilities on rights-of-way within the
Village's jurisdiction, which will provide public benefit consistent
with the preservation of the integrity, safe usage, and visual qualities
of the Village rights-of-way and the Village as a whole.
B.
Intent. In enacting this article, the Village intends to exercise
its authority over the rights-of-way in the Village 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)
Prevent interference with the use of streets, sidewalks, alleys,
parkways and other public ways and places;
(2)
Prevent the creation of visual and physical obstructions and other
conditions that are hazardous to vehicular and pedestrian traffic;
(3)
Prevent interference with the facilities and operations of the Village's
utilities and of other utilities lawfully located in rights-of-way
or public property;
(4)
Protect against environmental damage, including damage to trees,
from the installation of utility facilities;
(5)
Protect against increased stormwater run-off due to structures and
materials that increase impermeable surfaces;
(6)
Preserve the character of the Village in the areas where facilities
are installed;
(7)
Preserve open space, particularly the landscaped character of the
Village;
(8)
Prevent visual blight from the proliferation of facilities in the
rights-of-way; and
(9)
Assure the continued safe use and enjoyment of private properties
adjacent to utility facilities locations.
C.
Facilities subject to this article. This article applies to all facilities
on, over, above, along, upon, under, across, or within the rights-of-way
within the jurisdiction of the Village. A facility lawfully established
prior to the effective date of this article 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 Village, 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 Village rights-of-way. Utilities that are not required by law
to enter into such an agreement may request that the Village enter
into such an agreement. In such an agreement, the Village may provide
for terms and conditions inconsistent with this article.
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 Village, 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 article and the provisions
of any franchise, license or similar agreement between the Village
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 ordinances. This article supersedes all ordinances
or parts of ordinances 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 article, the utility shall comply with the requirements of
this article to the maximum extent possible without violating federal
or state laws or regulations.
H.
Sound engineering judgment. The Village shall use sound engineering
judgment when administering this article and may vary the standards,
conditions, and requirements expressed in this article when the Village
so determines. Nothing herein shall be construed to limit the ability
of the Village to regulate its rights-of-way for the protection of
the public health, safety and welfare.
As used in this article, 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 article.
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 total roadside border area, starting at the edge of the
road lane, 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.
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.
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 Village 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 article. For purposes of this article, the
term "facility" shall not include any facility owned or operated by
the Village.
A facility that is not a crossing facility or a parallel
facility, such as an antenna, transformer, pump, or meter station.
A 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 Village 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.
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.
The Illinois Highway Code (605 ILCS 5/1-101 et seq.), as
amended from time to time.
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.
The Joint Utility Locating Information for Excavators utility
notification program.
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 intersection of two or more major arterial highways.
The presence of facilities on, over or under a 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 a street
or sidewalk.
Any improved surface within the right-of-way, whether intended
for vehicular, pedestrian, or equestrian access or use and including
without limitation roadways and areas and facilities ancillary to
any such improved surface such as (but not limited to) shoulders,
curbs, and gutters.
The removal of an area of pavement for access to a 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
Village. 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 the 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 Village has the right and
authority to authorize, regulate or permit the location of facilities
other than those of the Village. "Right-of-way" or "rights-of-way"
shall not include any real or personal Village property that is not
specifically described in the previous two sentences and shall not
include Village buildings, fixtures and other structures or improvements,
regardless of whether they are situated in the right-of-way.
That part of a roadway comprised of pavement intended primarily
for vehicular use and travel.
The Village Trustee designated for overseeing construction,
operation, and maintenance of all roads, streets, and other public
ways within the Village of Bannockburn, or that Trustee's designee.
[Amended 5-22-2017 by Ord. No. 2017-12]
That part of the highway that includes the road lanes 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 their use or consumption
and not for sale.
That amount of security required pursuant to § 200-10 of this article.
A width of roadway, adjacent to the road lanes, providing
lateral support to the edge of the road lanes and providing an area
for emergency vehicular stops and storage of snow removed from the
road lane.
A decision(s) consistent with generally accepted engineering
principles, practices and experience.
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 Village through an open video system as defined in
the Rules of the Federal Communications Commission (47 CFR 76.1500
and following), as now or hereafter amended.
Any person that installs, owns, operates or controls facilities
in the right-of-way used or designed to be used to transmit telecommunications
in any form.
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 article.
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)].
[Amended 5-22-2017 by Ord. No. 2017-12]
The Village of Bannockburn, Illinois.
The Village Engineer or his or her designee.
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 Village shall register on January 1 of each year with the Village Clerk, 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 § 200-8 of this article, in the form of a certificate of insurance.
A.
Permit required. No person shall construct (as defined in this article)
any facility on, over, above, along, upon, under, across, or within
any Village 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 article), 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 Roads
and Rights-of-Way Commissioner and obtaining a permit from the Village
therefor, except as otherwise provided in this article. 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.
[Amended 5-22-2017 by Ord. No. 2017-12]
B.
Permit application. All applications for permits pursuant to this
article shall be submitted to the Roads and Rights-of-Way Commissioner
and shall be filed in such number of duplicate copies as the Village
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.
[Amended 5-22-2017 by Ord. No. 2017-12]
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 name, address and telephone and telecopy numbers and e-mail addresses
of the person or entity responsible for performing the proposed work;
the name, address and telephone and telecopy numbers and e-mail addresses
of the person or entity responsible for performing the restoration
if different from the person or entity responsible for the original
work; and 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 Village:
(a)
If requested, 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, to prevent
injury or damage to persons or property and to minimize disruptions
to efficient pedestrian and vehicular traffic; and
(b)
If requested, 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 Village 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 Village
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. Such drawings,
plans and specifications shall include the following details, where
applicable, of the work to be performed: route location, method of
installation, all physical features and public utilities in the immediate
area, off-set distance from street edge, right-of-way lines, and property
lines;
(7)
If the work is to be performed within an easement, the recording
document number assigned by the Lake County Recorder's Office to the
easement;
(11)
Estimated number of work days;
(12)
A listing of pavement cuts or excavations anticipated to be
made and of above-grade facilities anticipated to be installed; and
(13)
Such additional information as may be reasonably required by
the Village.
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, state the proposed pipe size,
design, construction class, and operating pressures;
(3)
In the case of water lines, indicate that all requirements of the
Illinois Environmental Protection Agency, Division of Public Water
Supplies, and all other federal, state or local requirements, have
been satisfied;
[Amended 5-22-2017 by Ord. No. 2017-12]
(4)
In the case of sewer line installations, indicate that the land and
water pollution requirements of the Illinois Environmental Protection
Agency, Division of Water Pollution Control, the Lake County Stormwater
Management Commission, and other local or state entities with jurisdiction
have been satisfied; or
(5)
In the case of petroleum products pipelines, state 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,
including any change in the actual locations of any facilities which
deviates in any material respect from the locations identified in
the plans, drawings or specification submitted with the permit application,
shall be submitted by the utility in writing to the Village within
30 days after the change necessitating the amendment.
F.
Application fees. Unless otherwise provided by franchise, license, or similar agreement, all applicants for permits pursuant to this article shall pay an application fee as provided in this Subsection F. The application fee will consist of a basic fee in the amount of $200 that shall be paid at the time of filing an application, plus reimbursement of any out-of-pocket costs (including costs from outside consultants) incurred by the Village in reviewing the application. A deposit for the out-of-pocket costs will be provided in accordance with Subsection H of this section. 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 Law (35 ILCS 645/5-1 et seq.).
G.
Inspection fees. Any person obtaining a permit under this article for which inspections are performed by or on behalf of the Village shall reimburse the Village for the actual cost of such inspections, including costs from outside consultants. A deposit for the out-of-pocket costs will be provided in accordance with Subsection H of this section. The Village Manager shall from time to time determine the actual per-hour costs of Village employees for purposes of calculating the costs of such inspections. No inspection 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 Law (35 ILCS 645/5-1 et seq.).
H.
Fee deposit. Each application must be accompanied by an application and inspection fee cash deposit in the amount of $7,500. The Village may deduct from this deposit any unpaid application or inspection fees (as set forth in Subsections F and G). The Village may also use the deposit to reimburse itself for any costs incurred by the Village for curing any deficiency in performance under this article if the applicant fails to do so within 30 days after receiving notice of any such deficiency (which deposit may be used in lieu of or in addition to the security provided pursuant to § 200-10 of this article). Upon the satisfactory completion of any work relating to a permit issued under this article, the Village will return the balance of the deposit to the applicant.
A.
Village review of permit applications. Completed permit applications,
containing all required documentation, shall be examined by the Roads
and Rights-of-Way Commissioner within a reasonable time after filing.
If the application does not conform to the requirements of applicable
ordinances, codes, laws, rules, and regulations, the Roads and Rights-of-Way
Commissioner shall reject such application in writing, stating the
reasons therefor. If the Roads and Rights-of-Way Commissioner is satisfied
that the proposed work conforms to the requirements of this article
and other applicable ordinances, codes, laws, rules, and regulations,
the Roads and Rights-of-Way Commissioner 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 Roads and
Rights-of-Way Commissioner, that the construction proposed under the
application shall be in full compliance with the requirements of this
article.
[Amended 5-22-2017 by Ord. No. 2017-12]
B.
Additional Village 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 Village that it intends
to commence work governed by this article 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 Village 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 Roads and Rights-of-Way Commissioner shall specify the portion
of the right-of-way upon which the facility may be placed, used and
constructed.
[Amended 5-22-2017 by Ord. No. 2017-12]
(2)
In the event that the Roads and Rights-of-Way Commissioner fails
to provide such specification of location to the telecommunications
retailer within either a) 10 days after service of notice to the Village
by the telecommunications retailer in the case of work not involving
excavation for new construction or b) 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 article.
[Amended 5-22-2017 by Ord. No. 2017-12]
(3)
Upon the provision of such specification by the Village, where a permit is required for work pursuant to § 200-4 of this article the telecommunications retailer shall submit to the Village 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 Village 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 Village, unless otherwise acted upon
by the Village, provided the holder has complied with applicable Village
codes, ordinances, and regulations.
A.
Authority granted; no property right or other interest created. A
permit from the Village authorizes a permittee to undertake only certain
activities in accordance with this article on Village 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 article 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. Unless waived in writing by the
Roads and Rights-of-Way Commissioner, no construction shall begin
pursuant to a permit issued under this article 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 Village, with such Village representatives in attendance
as the Village 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.
[Amended 5-22-2017 by Ord. No. 2017-12]
D.
Compliance with all laws required. The issuance of a permit by the
Village does not excuse the permittee from complying with other requirements
of the Village 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 Village 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 article, it shall be treated as a request for variance in accordance with § 200-21 of this article. If the Village 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 Village 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, nonowned 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 Village within 10 days following receipt
of a written request therefor from the Village.
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 Village, by registered mail or certified mail,
return receipt requested, of a written notice addressed to the Village
Manager of such intent to cancel or not to renew."
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(2)
Within 10 days after receipt by the Village of said notice, and in
no event later than 10 days prior to said cancellation, the utility
shall obtain and furnish to the Village 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 Village 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 (820 ILCS 305/1 et seq.).
F.
Effect of insurance and self-insurance on utility's liability. The
legal liability of the utility to the Village 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.
By occupying or constructing facilities in the right-of-way,
a utility shall be deemed to agree to defend, indemnify and hold the
Village 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 article 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 article by the Village, 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 article;
(2)
Any expenditure, damage, or loss incurred by the Village occasioned
by the permittee's failure to comply with any codes, rules, regulations,
orders, permits and other directives of the Village issued pursuant
to this article; and
(3)
The payment by permittee of all liens and all damages, claims, costs,
or expenses that the Village may pay or incur by reason of any action
or nonperformance by the permittee in violation of this article, including,
without limitation, any damage to public property or restoration work
the permittee is required by this article to perform that the Village
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 Village from the permittee pursuant to this article or any
other applicable law.
B.
Form. The permittee shall provide the security fund to the Village
in the form, at the permittee's election, of cash, a surety bond in
a form acceptable to the Village, or an unconditional letter of credit
in a form acceptable to the Village. 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
Village and the permittee;
(2)
Not require the consent of the permittee prior to the collection
by the Village of any amounts covered by it; and
(3)
Provide a location convenient to the Village 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 Roads and Rights-of-Way Commissioner, and may also include reasonable, directly related costs that the Village 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 Village, 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 Roads and Rights-of-Way Commissioner 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.
[Amended 5-22-2017 by Ord. No. 2017-12]
D.
Withdrawals. The Village, 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 Village 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 Village for any damages, claims, costs or
expenses which the Village 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 article that the Village
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 Village 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 Village, upon written request for said withdrawal to the Village, 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 Village for failure by the permittee to
comply with any provisions of this article 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 Village to the extent necessary to cover any reasonable costs,
loss or damage incurred by the Village 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 Village with respect
to the security fund are in addition to all other rights of the Village,
whether reserved by this article 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 Village may have. Notwithstanding
the foregoing, the Village shall not be entitled to a double monetary
recovery with respect to any of its rights which may be infringed
or otherwise violated.
A.
Village right to revoke permit. The Village may revoke or suspend
a permit issued pursuant to this article for one or more of the following
reasons:
(1)
Fraudulent, false, misrepresenting, or materially incomplete statements
in the permit application;
(2)
Noncompliance with this article;
(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 Village shall send written notice of its intent to revoke or suspend a permit issued pursuant to this article, stating the reason or reasons for the revocation or suspension and the alternatives available to permittee under this § 200-11.
C.
Permittee alternatives upon receipt of notice of revocation or suspension.
(1)
Upon receipt of a written notice of revocation or suspension from
the Village, the permittee shall have the following options:
(a)
Immediately provide the Village with evidence that no cause
exists for the revocation or suspension;
(b)
Immediately correct, to the satisfaction of the Village, the
deficiencies stated in the written notice, providing written proof
of such correction to the Village 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 Village, providing written proof of such
removal to the Village within 10 days after receipt of the written
notice of revocation.
(2)
The Village 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 Village 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 Village or its designee may, at the option of the Village: 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 Village. The permittee shall be liable in all events to the Village for all costs of removal.
A.
Notification of change. A utility shall notify the Village 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
article, 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 Village'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)
Highway Design Manual;
(4)
Highway Standards Manual;
(5)
Standard Specifications for Traffic Control Items;
(6)
Illinois Manual on Uniform Traffic Control Devices (92 Ill. Adm.
Code § 545);
(7)
Flagger's Handbook; and
(8)
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 article, the Roads and Rights-of-Way Commissioner shall determine,
in the exercise of sound engineering judgment, which principles apply
and such decision shall be final. If requested, the Roads and Rights-of-Way
Commissioner shall state which standard or principle will apply to
the construction, maintenance, or operation of a facility in the future.
[Amended 5-22-2017 by Ord. No. 2017-12]
A.
Minimum requirements. The Village's minimum requirements for traffic
protection are contained in IDOT's 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, when necessary, 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. Any excavation must
be fully covered by a steel plate (or equivalent cover approved by
the Roads and Rights-of-Way Commissioner) at all times when workers
are not present in the immediate vicinity of the excavation.
[Amended 5-22-2017 by Ord. No. 2017-12]
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 § 200-20 of this article, 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 Village.
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 Village facilities. No utility facilities shall
be placed in any location if the Roads and Rights-of-Way Commissioner
determines that the proposed location will require the relocation
or displacement of any of the Village's utility facilities or will
otherwise interfere with the operation or maintenance of any of the
Village's utility facilities.
[Amended 5-22-2017 by Ord. No. 2017-12]
(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 face 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 above-ground appurtenance shall be located within one foot (0.3
m) of the right-of-way line or as near as practicable.
C.
Facilities crossing highways.
(1)
No future disruption. The construction and design of crossing facilities
installed between the ditch lines or curblines of Village 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)
Pathways, culverts, or drainage facilities. Crossing facilities shall
not be located in pedestrian or equestrian pathways, culverts, or
drainage facilities.
(3)
Ninety-degree crossing required. Crossing facilities shall cross
at or as near to a ninety-degree 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
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 Village 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).
[Amended 5-22-2017 by Ord. No. 2017-12]
D.
Facilities to be located within particular rights-of-way. The Village
may require that facilities be located within particular rights-of-way
that are not highways, rather than within particular highways.
F.
Below-ground installation. Below-ground facilities may be installed
only if they are located a minimum of five feet, measured from outside
edge to outside edge, from any Village-owned utility.
G.
Facilities installed above ground. Above-ground facilities may be
installed and maintained 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.
H.
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.
I.
Appearance standards.
(1)
The Village 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, bufferyards, 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)
Any facility must be screened to an opacity value of at least 50%,
which opacity value must be achieved using Alternative Unit D (all
as provided in the Bannockburn Zoning Code[1]), unless other screening is approved in writing by the
Roads and Rights-of-Way Commissioner. All screening must be installed
within the permit period unless the Roads and Rights-of-Way Commissioner
determines that weather conditions are not conducive to the installation
of such screening, in which case the screening must be installed during
the next "planting season," which, for purposes of this article, will
be either between April 15 and June 15 or September 1 and November
1.
[Amended 5-22-2017 by Ord. No. 2017-12]
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 Roads and Rights-of-Way Commissioner 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.
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.
[Amended 5-22-2017 by Ord. No. 2017-12]
(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 Village to be preserved or protected shall be bored under or around the root system, as permitted by the Roads and Rights-of-Way Commissioner and in conformance with the regulations set forth in Chapter 216, Trees and Woodland Protection, of the Village Code.
[Amended 5-22-2017 by Ord. No. 2017-12]
(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 Roads and Rights-of-Way Commissioner.
[Amended 5-22-2017 by Ord. No. 2017-12]
(b)
Open trench and excavated material. Open trench and windrowed
excavated material shall be protected as required by Chapter 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 Village 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. 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 Roads and Rights-of-Way Commissioner,
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 (including
without limitation sidewalk, curbs, and driveways) to the proper grades,
as determined by the Roads and Rights-of-Way Commissioner.
[Amended 5-22-2017 by Ord. No. 2017-12]
(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 § 200-21, the following requirements shall apply:
(a)
Any excavation under pavements shall be backfilled and compacted
as soon as practicable with granular material of CA-6 or CA-10 gradation,
as designated by the Roads and Rights-of-Way Commissioner.
[Amended 5-22-2017 by Ord. No. 2017-12]
(b)
Restoration of pavement, in kind, shall be accomplished as soon
as practicable, and temporary repair with bituminous mixture shall
be provided immediately. Crack-sealing must also be performed in accordance
with applicable IDOT standards. Any subsequent failure of either the
temporary repair or the restoration shall be rebuilt upon notification
by the Village.
(c)
All saw cuts shall be full depth, using cuts that are at or
as close as practicable to 90°.
(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.
(e)
Except in cases of emergency, the Roads and Rights-of-Way Commissioner
may require that work involving pavement cuts be deferred if seasonal
conditions do not, in the context of all relevant circumstances, permit
safe open-cut work.
[Amended 5-22-2017 by Ord. No. 2017-12]
(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 Village.
(b)
The venting, if any, of any encasement shall extend within one
foot (0.3 m) of the right-of-way line. No above-ground 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 Village-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 Village.
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 inches to 24 inches (0.6 m, as determined by Village)
| |
|
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 Village 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 Village. Weather
permitting, utilities shall bury all 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
Village-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 the ANSI
Standard Code for Pressure Piping (Liquid Petroleum Transportation
Piping Systems ANSI-B31.4).
(5)
Water lines, 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 Roads and Rights-of-Way
Commissioner. With the approval of the Roads and Rights-of-Way Commissioner,
shrubbery surrounding the appurtenance may be used in place of vegetation-free
area. The housing for ground-mounted appurtenances shall be painted
a neutral color to blend with the surroundings.
[Amended 5-22-2017 by Ord. No. 2017-12]
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 Roads and
Rights-of-Way Commissioner. 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. If material is to
be stored on the right-of-way, prior approval must be obtained from
the Village.
[Amended 5-22-2017 by Ord. No. 2017-12]
(3)
Hazardous materials. The plans submitted by the utility to the Village
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 Village, 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 Roads and Rights-of-Way Commissioner
when emergency work is required to restore vital utility services.
[Amended 5-22-2017 by Ord. No. 2017-12]
E.
Location of existing facilities. Any utility proposing to construct
facilities in the Village shall contact J.U.L.I.E. and ascertain the
presence and location of existing above-ground and underground facilities
within the rights-of-way to be occupied by its proposed facilities.
The Village 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 Village 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 Utility Facilities Damage Prevention Act (220
ILCS 50/1 et seq.).
A.
Tree trimming permit required. Tree trimming shall not be considered a normal maintenance operation, but shall require the application for, and the issuance of, a permit in accordance with Chapter 216, Trees and Woodland Protection, of the Village Code, in addition to any other permit required under this article.
(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 Village
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
Village may require the removal and replacement of trees if trimming
or radical pruning would leave them in an unacceptable condition.
B.
Specimen trees or trees of special significance. The Village 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.
C.
Chemical use. 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 Roads and Rights-of-Way Commissioner that
such spraying is the only practicable method of vegetation control.
[Amended 5-22-2017 by Ord. No. 2017-12]
A.
Notice. Within 90 days following written notice from the Village,
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 Village improvement in or upon,
or the operations of the Village in or upon, the rights-of-way.
B.
Removal of unauthorized facilities. Within 30 days following written
notice from the Village, 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 article; 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 Village retains
the right and privilege to cut or move any facilities located within
the rights-of-way of the Village, as the Village 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 Village, the utility shall notify the Village
within 90 days. Following receipt of such notice, the Village may
direct the utility to remove all or any portion of the facility if
the Roads and Rights-of-Way Commissioner determines that such removal
will be in the best interest of the public health, safety and welfare.
In the event that the Village does not direct the utility that abandoned
the facility to remove it, by giving notice of abandonment to the
Village, 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.
[Amended 5-22-2017 by Ord. No. 2017-12]
[Amended 5-22-2017 by Ord. No. 2017-12]
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 is disturbed, damaged or destroyed due to construction
or maintenance by the utility, all to the satisfaction of the Village.
This includes restoration of entrances and side roads. Restoration
of roadway surfaces shall be made using materials and methods approved
by the Roads and Rights-of-Way Commissioner. 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 Roads and Rights-of-Way Commissioner 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 Village 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
Roads and Rights-of-Way Commissioner 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 Village
police shall be notified immediately.
[Amended 5-22-2017 by Ord. No. 2017-12]
(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 Village
a description of the repairs undertaken in the right-of-way within
48 hours after an emergency repair.
[Amended 5-22-2017 by Ord. No. 2017-12]
A.
Request for variance. A utility requesting a variance from one or
more of the provisions of this article must do so in writing to the
Roads and Rights-of-Way Commissioner as a part of the permit application.
The request shall identify each provision of this article from which
a variance is requested and the reasons why a variance should be granted.
B.
Authority to grant variances. The Roads and Rights-of-Way Commissioner
shall decide whether a variance is authorized for each provision of
this article identified in the variance request on an individual basis.
C.
Conditions for granting of variance. The Roads and Rights-of-Way
Commissioner 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 to 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 Roads and Rights-of-Way Commissioner
may require the utility requesting the variance to meet reasonable
standards and conditions that may or may not be expressly contained
within this article but which carry out the purposes of this article.
[Amended 5-22-2017 by Ord. No. 2017-12]
Any utility aggrieved by any order, requirement, decision or
determination, including denial of a variance, made by the Roads and
Rights-of-Way Commissioner under the provisions of this article may
seek a review of such order, requirement, decision or determination
by filing a request for review thereof with the Village Manager, within
30 days after the notification of the order, requirement, decision
or determination. The request for review shall set forth in detail
the basis for the request. The Village Manager shall thereafter consider
the request for review, determine whether the order, requirement,
decision or determination should be affirmed, modified, modified with
conditions, or reversed, and provide a written determination thereof.
If such utility seeks further review of the order, requirement, decision
or determination, such utility shall file a request to appeal the
determination of the Village Manager with the Village Clerk within
30 days after mailing of the determination by the Village Manager;
such appeal shall be considered by the Board of Trustees based on
the relevant facts available regarding the order, requirement, decision
or determination in question and the materials presented in connection
with the request for appeal, as well as materials presented in connection
with the Manager's review provided under this section. The determination
of the Board of Trustees shall be final.
Any person who violates, disobeys, omits, neglects or refuses
to comply with any of the provisions of this article shall be subject
to fine in accordance with the penalty provisions of the Bannockburn
Building Code.[1] There may be times when the Village 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 article.
Unless the utility shows that another allocation of the cost of undertaking
the requested action is appropriate, the utility shall bear the Village'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 Village. Sanctions may
be imposed upon a utility that does not pay the costs apportioned
to it.
Nothing in this article shall be construed as limiting any additional
or further remedies that the Village may have for enforcement of this
article.
[Adopted 6-25-2018 by Ord. No. 2018-18; amended in its entirety 1-28-2019 by Ord. No. 2019-02]
A.
Purpose. The purpose of this article is to establish regulations,
standards, and procedures for the siting and collocation of small
wireless facilities on rights-of-way within the Village's jurisdiction
and outside such rights-of-way on property zoned by the Village exclusively
for commercial or industrial use, in a manner that is consistent the
Small Wireless Facilities Deployment Act, Public Act 100-0585 and
applicable federal law and regulations.
B.
Conflicts with other ordinances. This article supersedes all ordinances
or parts of ordinances adopted prior hereto that are in conflict herewith,
to the extent of such conflict.
C.
Conflicts with state and federal laws. In the event that applicable
federal or state laws or regulations conflict with the requirements
of this article, the wireless provider shall comply with the requirements
of this article to the maximum extent possible without violating federal
or state laws or regulations.
For purposes of this article, the following terms shall have
the following meanings:
Communications equipment that transmits or receives electromagnetic
radio frequency signals used in the provision of wireless services.
Uniform building, fire, electrical, plumbing, or mechanical
codes adopted by a recognized national code organization or local
amendments to those codes, including the National Electric Safety
Code.
Any person who submits an application and is a wireless provider.
A request submitted by an applicant to the Village for a
permit to collocate small wireless facilities, and a request that
includes the installation of a new utility pole for such collocation,
as well as any applicable fee for the review of such application.
To install, mount, maintain, modify, operate, or replace
wireless facilities on or adjacent to a wireless support structure
or utility pole.
Cable service, as defined in 47 U.S.C. 522(6), as amended;
information service, as defined in 47 U.S.C. 153(24), as amended;
telecommunications service, as defined in 47 U.S.C. 153(53), as amended;
mobile service, as defined in 47 U.S.C. 153(53), as amended; or wireless
service other than mobile service.
A cable operator, as defined in 47 U.S.C. 522(5), as amended;
a provider of information service, as defined in 47 U.S.C. 153(24),
as amended; a telecommunications carrier, as defined in 47 U.S.C.
153(51), as amended; or a wireless provider.
A small wireless facility that is collocated in a right-of-way
in any zoning district, or outside rights-of-way in property zoned
exclusively for commercial or industrial use.
The Federal Communications Commission of the United States.
Any facility meeting the definition of "small wireless facilities"
set forth in 47 CFR § 1.6002 that is expressly identified
as a "federally-defined facility" in a small wireless facility permit
application.
A one-time charge.
A building, property, or site, or group of buildings, properties,
or sites that are either listed in the National Register of Historic
Places or formally determined eligible for listing by the Keeper of
the National Register, the individual who has been delegated the authority
by the federal agency to list properties and determine their eligibility
for the National Register, in accordance with Section VI.D.1.a.i through
Section VI.D.1.a.v of the Nationwide Programmatic Agreement codified
at 47 CFR Part 1, Appendix C; or designated as a locally landmarked
building, property, site, or historic district by an ordinance adopted
by the Village pursuant to a preservation program that meets the requirements
of the Certified Local Government Program of the Illinois State Historic
Preservation Office or where such certification of the preservation
program by the Illinois State Historic Preservation Office is pending.
A federal or state statute, common law, code, rule, regulation,
order, or local ordinance or resolution.
A small wireless facility that is not larger in dimension
than 24 inches in length, 15 inches in width, and 12 inches in height
and that has an exterior antenna, if any, no longer than 11 inches.
An individual, corporation, limited liability company, partnership,
association, trust, or other entity or organization, including a governmental
agency or authority.
The functional division of the federal government, the state,
a unit of local government, or a special purpose district located
in whole or in part within this state, that provides or has authority
to provide firefighting, police, ambulance, medical, or other emergency
services to respond to and manage emergency incidents.
A recurring charge.
The area on, below, or above a public roadway, highway, street,
public sidewalk, alley, or utility easement dedicated for compatible
use that is within the Village's jurisdiction. Right-of-way does
not include Village-owned aerial lines.
A wireless facility that meets both of the following qualifications:
each antenna is located inside an enclosure of no more than six cubic
feet in volume or, in the case of an antenna that has exposed elements,
the antenna and all of its exposed elements could fit within an imaginary
enclosure of no more than six cubic feet; and all other wireless equipment
attached directly to a utility pole associated with the facility is
cumulatively no more than 28 cubic feet in volume. The following types
of associated ancillary equipment are not included in the calculation
of equipment volume: electric meter, concealment elements, telecommunications
demarcation box, ground-based enclosures, grounding equipment, power
transfer switch, cut-off switch, and vertical cable runs for the connection
of power and other services.
A pole or similar structure that is used in whole or in part
by a communications service provider or for electric distribution,
lighting, traffic control, or a similar function.
A utility pole owned by the Village in public rights-of-way.
Equipment at a fixed location that enables wireless communications
between user equipment and a communications network, including equipment
associated with wireless communications; and radio transceivers, antennas,
coaxial or fiber-optic cable, regular and backup power supplies, and
comparable equipment, regardless of technological configuration. Wireless
facility includes small wireless facilities. Wireless facility does
not include the structure or improvements on, under, or within which
the equipment is collocated; or wireline backhaul facilities, coaxial,
or fiber optic cable that is between wireless support structures or
utility poles or coaxial, or fiber optic cable that is otherwise not
immediately adjacent to or directly associated with an antenna.
Any person authorized to provide telecommunications service
in the state that builds or installs wireless communication transmission
equipment, wireless facilities, wireless support structures, or utility
poles and that is not a wireless services provider but is acting as
an agent or a contractor for a wireless services provider for the
application submitted to the Village.
A wireless infrastructure provider or a wireless services
provider.
Any services provided to the general public, including a
particular class of customers, and made available on a nondiscriminatory
basis using licensed or unlicensed spectrum, whether at a fixed location
or mobile, provided using wireless facilities.
A person who provides wireless services.
A freestanding structure, such as a monopole; tower, either
guyed or self-supporting; billboard; or other existing or proposed
structure designed to support or capable of supporting wireless facilities.
Wireless support structure does not include a utility pole.
A.
Use. Covered facilities shall be deemed permitted uses subject to administrative review (except as otherwise provided with respect to variances and appeals) and not subject to zoning review or approval. Any small wireless facilities other than a covered facility shall be subject to the zoning regulations set forth in Chapter 260 of the Village Code, the regulations regarding construction of facilities in rights-of-way set forth in Chapter 200, Article I of the Village Code, and all other applicable Village ordinances and other local, state, and federal laws; provided, however that any application to deploy one or more federally-defined facilities within the Village shall be processed in accordance with § 200-27B(10) and shall be subject to the application fees set forth in § 200-27C(2).
B.
Permit required. No person shall install, or cause to be installed,
a covered facility within the Village without first obtaining a Village
small wireless facility permit (a "permit"). Permits and applications
for permits shall be subject to the following standards, procedures,
and requirements:
(1)
Requirements and conditions.
(a)
Height limitations.
[1]
No portion of a covered facility shall extend more than 10 feet
above the utility pole or wireless support structure to which it is
attached.
[2]
Any new utility pole or wireless support structure within a
right-of-way shall not exceed the higher of:
[a]
Ten feet in height above the tallest utility pole
in existence as of June 1, 2018 (other than a utility pole supporting
only wireless facilities) that is located within 300 feet of the new
or replacement utility pole or wireless support structure and that
is in the same right-of-way within the jurisdictional boundary of
the Village, provided the Village may designate which intersecting
right-of-way within 300 feet of the proposed utility pole or wireless
support structures shall control the height limitation for such facility;
or
[b]
Forty-five feet above ground level.
[3]
Any new utility pole or wireless support structure located on
a property outside the right-of-way shall not exceed 45 feet in height.
(b)
Public safety space reservation. The Village may reserve space
on Village utility poles for future public safety uses and Village
utility uses. No permit shall be issued for such poles unless the
Village determines, in its reasonable discretion, that the pole can
accommodate both the proposed covered facility and the Village or
public safety uses for which space is used or reserved.
(c)
No public safety interference. A wireless provider's operation
of covered facilities shall not interfere with the frequencies used
by a public safety agency for public safety communications. Unacceptable
interference will be determined by and measured in accordance with
industry standards and the FCC's regulations addressing unacceptable
interference to public safety spectrum or any other spectrum licensed
by a public safety agency.
[1]
If a small wireless facility causes such interference, and the
wireless provider has been given written notice of the interference
by the public safety agency, the wireless provider, at its own expense,
shall remedy the interference in a manner consistent with the abatement
and resolution procedures for interference with public safety spectrum
established by the FCC including 47 CFR 22.970 through 47 CFR 22.973
and 47 CFR 90.672 through 47 CFR 90.675.
[2]
The City may terminate a permit for a small wireless facility
based on such interference if the wireless provider is not in compliance
with the Code of Federal Regulations cited in the previous paragraph.
Failure to remedy the interference as required herein shall constitute
a public nuisance.
(d)
Contract requirements. The wireless provider shall comply with
requirements that are imposed by any contract between the Village
and a private property owner that concern design or construction standards
applicable to utility poles and ground-mounted equipment located in
the right-of-way.
(e)
Spacing. No new utility pole, wireless support structure, or
ground-mounted equipment associated with one or more covered facilities
located in the public right-of-way may be installed within 600 feet
of another utility pole, wireless support structure, or ground-mounted
equipment.
(g)
Construction and public safety standards. For installation of covered facilities in rights-of-way, the wireless provider shall comply with all applicable Village ordinances establishing construction, location, and public safety standards for work within the right-of-way, including, but not limited to §§ 200-13, 200-14, 200-15, 200-16, 200-17, 200-18C, 200-19, and 200-20 of the Village Code. For covered facility installations on private commercial or industrial property, the wireless provider shall comply with all applicable Village ordinances establishing construction and safety standards for building improvements, including, but not limited to, Chapter 109, Article V of the Village Code.
(h)
Signs. No signs (as defined in § 260-1226 of the Village Code) may be erected on any covered facility or utility pole except for signs required by law, ordinance, or regulation. The content and size of any such sign shall not exceed the requirements of the law, ordinance, or regulation pursuant to which such sign is erected.
(i)
Electric transmission poles. The wireless provider shall not
collocate small wireless facilities on Village utility poles that
are part of an electric distribution or transmission system within
the communication worker safety zone of the pole or the electric supply
zone of the pole. Small wireless facility antennae and support equipment
may be located only in the communications space on the Village utility
pole and on the top of the pole to the extent that such space is available
and subject to compliance with all applicable laws.
[1]
For purposes of this subparagraph, the terms "communications
space," "communication worker safety zone," and "electric supply zone"
have the meanings given to those terms in the National Electric Safety
Code as published by the Institute of Electrical and Electronics Engineers.
(j)
Public safety. The wireless provider shall comply with all applicable
federal, state, and local codes are other laws that concern public
safety.
(k)
Design standards. The wireless provider shall comply with the
following design standards:
[1]
No covered facility shall be installed or maintained on a wireless
support structure or utility pole at a height less than 15 feet above
the adjacent grade.
[2]
The orientation of covered facilities shall be consistent with
the orientation of existing utility equipment installed on the same
utility pole and other utility poles in the nearby area. Such covered
facilities shall be painted, textured, and designed in a manner consistent
with the utility pole's style, color, texture and materials and
otherwise camouflaged and designed to blend in with the existing utility
pole such that the attached covered facility is no more readily apparent
or plainly visible (as reasonably determined by the Roads and Rights-of-Way
Commissioner) than the existing utility equipment located on the utility
pole. Further, if the utility pole is visible (at ground level) from
and within 50 feet of any residential structure, covered facilities
shall be concealed or screened by means of canisters, radomes, shrouds
or other similar concealment enclosures, which shall be flush-mounted
to the utility pole and painted, textured, and designed in a manner
consistent with the utility pole's style, color, texture and
materials and otherwise camouflaged and designed to blend in with
the existing utility pole.
[3]
Cables and other wiring serving a covered facility located on
a wireless support structure or utility pole shall be enclosed in
conduit flush mounted to the support structure or utility pole. Conduit
shall be finished to match the materials, texture, and color of the
subject support structure or utility pole.
[4]
Ground-based enclosures for equipment to be utilized in connection
with covered facilities shall be located no closer than five feet
from the edge of any pavement on a street with curbing, and no closer
than 10 feet from the edge of any pavement on a street without curbing.
In no event shall such ground-based enclosures be located within a
drainage ditch. Additionally, a ground-based enclosure shall not be
located closer than three feet from a pedestrian facility.
[5]
No covered facility shall be located on a wireless support structure
or utility pole in a manner that interferes with the operation or
functionality of such utility pole or pre-existing uses of such support
structure or utility pole. For any utility pole providing lighting,
the installation of the covered facility cannot impair the distribution
of light from such pole.
(l)
Historic districts and landmarks. Except for facilities excluded
from evaluation for effects on historic properties under 47 CFR 1.1307(a)(4),
covered facilities in a historic district or on historic landmark
shall comply with all applicable design and concealment requirements
established for such historic district or historic landmark.
[1]
Such design and concealment measures shall not be considered
a part of the Covered Facility for purposes of the size restrictions
of a small wireless facility. This paragraph may not be construed
to limit the Village's enforcement of historic preservation in
conformance with the requirements adopted pursuant to the Illinois
State Agency Historic Resources Preservation Act[1] or the National Historic Preservation Act of 1966, 54
U.S.C. Section 300101 et seq., and the regulations adopted to implement
those laws.
[1]
Editor's Note: See 20 ILCS 3420/1 et seq.
(2)
Application. An application for a permit must be submitted in the
form designated by the Village Manager and shall include the following
information:
(b)
The location where each proposed small wireless facility or
utility pole would be installed and photographs of the location and
its immediate surroundings depicting the utility poles or structures
on which each proposed small wireless facility would be mounted, the
location where any new utility poles or structures would be installed,
and a rendering of the proposed small wireless facility and/or utility
pole in the proposed location;
(c)
Specifications and drawings prepared by a structural engineer,
as that term is defined in Section 4 of the Structural Engineering
Practice Act of 1989, for each proposed small wireless facility covered
by the application as it is proposed to be installed;
(d)
The equipment type and model numbers for the antennas and all
other wireless equipment associated with the small wireless facility;
(e)
A proposed schedule for the installation and completion of each
small wireless facility covered by the application, if approved;
(f)
Evidence of the applicant's right to utilize the structure
on which the small wireless facilities are to be collocated;
(g)
All applicable fees and rates related to such application; and
(h)
Certification that the collocation complies all requirements
of this article.
(3)
Completeness of application. Within 30 days after receiving an application
other than an application relating to a federally-defined facility,
the Village shall determine whether the application is complete and
notify the applicant. If an application is incomplete, the Village's
notice to the applicant shall identify the missing information. Processing
deadlines shall be tolled from the time the Village sends the notice
of incompleteness to the time the applicant provides the missing information.
(4)
Application process. The Village shall process applications as follows:
(a)
Applications for collocation of covered facilities on existing
utility poles or structures. An application to collocate a covered
facility other than a federally-defined facility on an existing utility
pole or wireless support structure shall be processed within 90 days
after the delivery of a completed application. No such application
shall be deemed approved unless the applicant has provided notice
of intent to proceed on a "deemed approved" basis in accordance with
state law.
(b)
Applications for collocation of covered facilities on new utility
poles or structures. An application to collocate a covered facility
other than a federally-defined facility that includes the installation
of a new utility pole shall be processed within 120 days after the
delivery of a completed application. No such application shall be
deemed approved unless the applicant has provided notice of intent
to proceed on a "deemed approved" basis in accordance with state law.
(c)
Review and approval or denial; alternate placements. The Village shall approve a permit application if the application meets all requirements of this article and all other applicable local, state, and federal laws; provided, however, that the Village may impose reasonable conditions (which conditions shall be final unless the applicant appeals pursuant to § 200-31); provided further that with respect to an application for the collocation of a covered facility on a new utility pole, the Village may propose that the covered facility be collocated on an existing utility pole or existing wireless support structure within 100 feet of the location proposed by the applicant. The applicant shall accept such alternate location if it has the right to use the alternate structure on reasonable terms and conditions, and the alternate location and structure does not impose technical limits or additional material costs. If the applicant does not accept the alternate location, then it shall provide to the Village a written certification describing the property rights, technical limits, or material cost reasons the alternate location does not satisfy the criteria in this paragraph.
[1]
If an applicant proposes to collocate a covered facility on
an existing utility pole or wireless support structure, and the Village
determines that such utility pole or wireless support structure must
be replaced to accommodate the proposed collocation, then approval
may be conditioned on replacement of such utility pole or wireless
support structure at the applicant's cost.
[2]
If a permit application is denied, then the Village shall provide the applicant with notice that specifies the basis for the denial, including the specific code provisions or application conditions on which the denial was based, and send such notice to the applicant on or before the day the Village denies the application; provided, however, that an applicant shall have the right to appeal any denial pursuant to § 200-31.
[3]
The applicant may cure the deficiencies identified by the Village and resubmit the revised application once within 30 days after notice of denial is sent to the applicant without paying an additional application fee if the cure does not require review of a new location, new or different structure to be collocated upon, new antennas, or other wireless equipment associated with the small wireless facility. The Village shall approve or deny the revised application within 30 days after the applicant resubmits the application in accordance with the provisions of this Subsection B(2)(c). No such application shall be deemed approved unless the applicant has provided notice of intent to proceed on a "deemed approved" basis in accordance with state law.
(6)
Consolidated applications. An applicant seeking to collocate multiple
covered facilities within the Village's jurisdiction may file
a consolidated application and receive a single permit for the collocation
of up to 25 small wireless facilities if the collocations each involve
substantially the same type of small wireless facility and substantially
the same type of structure; or the deployment of multiple federally-defined
facilities.
(a)
The Village may remove covered facility collocations from the
application and treat separately small wireless facility collocations
for which incomplete information has been provided or that do not
qualify for consolidated treatment or that are denied. The Village
may issue separate permits for each collocation that is approved in
a consolidated application.
(b)
Consolidated applications shall be reviewed in accordance with § 200-27B(4).
(7)
Collocation completion deadline. Collocation for which a permit is
granted shall be completed within 180 days after issuance of the permit,
unless the Village and the wireless provider agree to extend this
period or a delay is caused by make-ready work for a Village utility
pole or by the lack of commercial power or backhaul availability at
the site, provided the wireless provider has made a timely request
within 60 days after the issuance of the permit for commercial power
or backhaul services, and the additional time to complete installation
does not exceed 360 days after issuance of the permit. Otherwise,
the permit shall be void unless the Village grants an extension in
writing to the applicant.
(8)
Duration of permits. The duration of a permit shall be for a period
of five years, and the permit may be renewed for equivalent durations
unless the Village makes a finding that the covered facilities or
the new or modified utility pole do not comply with the applicable
codes or local code provisions or regulations in this article.
(a)
If PA 100-0585 is repealed as provided in Section 90 of the
Act, renewals of permits shall be subject to the applicable Village
Code provisions or regulations in effect at the time of renewal.
(9)
Means of submitting applications. Applicants shall be deemed to have
submitted applications if presented on Village-designated forms, along
with all necessary and appropriate supporting information, by personal
delivery or five days after postmarked if sent by regular mail, all
addressed at the Village Hall. All other notices may be sent by personal
delivery or postmarked on the date due, or by any other commonly used
means, including electronic mail, as required or permitted by the
Village.
(10)
Special procedures for applications for deployment of federally-defined facilities. An application for deployment of one or more federally-defined facilities within the Village shall not be subject to the processing times provided in §§ 200-27B(3) and 200-27B(4)(a) and (b) above and, instead, shall be processed as follows, provided that the applicant expressly identifies the facility as a "federally-defined facility" in its application:
(a)
Within 10 days after receiving an application for deployment
of a federally-defined facility, the Village shall determine whether
the application is complete and, if it is incomplete, send the applicant
a notice that specifically identifies the missing documents or information,
and the specific rule or regulation that creates the obligation to
submit such documents or information. In that event, processing deadlines
shall restart at zero on the date on which the applicant submits all
the documents and information identified by the Village to render
the application complete. For any subsequent determinations of incompleteness,
the Village shall notify the applicant within 10 days after the applicant's
incomplete supplemental submission, and processing deadlines shall
be tolled from the time the Village sends such notice to the time
the applicant provides the missing information. Nothing in this subsection
shall preclude the Village from determining, at any time, that an
application incorrectly identifies a facility as a "federally-defined
facility."
(b)
The Village shall process an application to collocate a federally-defined facility on an existing structure within 60 days after delivery of a complete application as provided in Subsection B(10)(a), plus the number of days of any tolling period.
(c)
The Village shall process an application to deploy a federally-defined facility using a new structure within 90 days after delivery of a complete application as provided in Subsection B(10)(a), plus the number of days of any tolling period.
C.
Application fees. The following fees shall apply to all permit applications,
and no permit application shall be deemed complete unless it is accompanied
by the applicable fee:
(1)
For all covered facilities other than federally-defined facilities:
(a)
Applicant shall pay an application fee of $650 for an application
to collocate a single covered facility on an existing utility pole
or wireless support structure and $350 for each small wireless facility
addressed in a consolidated application to collocate more than one
covered facility on existing utility poles or wireless support structures.
(b)
Applicant shall pay an application fee of $1,000 for each covered
facility addressed in an application that includes the installation
of a new utility pole or wireless support structure.
(2)
For federally-defined facilities:
(a)
Applicant shall pay an application fee of $500 for an application
to collocate up to five federally-defined facilities on an existing
utility pole or wireless support structure, plus $100 for each additional
federally-defined facility addressed in a consolidated application
to collocate more than five federally-defined facilities on existing
utility poles or wireless support structures.
(b)
For an application that includes the installation of a new utility
pole or wireless support structure intended to support one or more
federally-defined facilities, the applicant shall pay an application
fee of $1,000 for each such proposed new pole or structure.
D.
Exceptions; limitations; additional provisions.
(1)
The Village shall not require an application, approval, or permit,
or require any fees or other charges, from a communications service
provider authorized to occupy the rights-of-way, for:
(a)
Routine maintenance;
(b)
The replacement of covered facilities with covered facilities that are substantially similar, the same size, or smaller if the wireless provider notifies the Village at least 10 days prior to the planned replacement and includes equipment specifications for the replacement of equipment consistent with the requirements of Subsection B(2)(d) under the subsection titled "Application requirements"; or
(c)
The installation, placement, maintenance, operation, or replacement
of micro wireless facilities that are suspended on cables that are
strung between existing utility poles in compliance with applicable
safety codes.
[1]
However, the Village may require a permit to work within rights-of-way
for activities that affect traffic patterns or require lane closures.
(2)
Nothing in this article authorizes a person to collocate small wireless
facilities on:
(a)
Property owned by a private party or property owned or controlled
by the Village or another unit of local government that is not located
within rights-of-way, or a privately-owned utility pole or wireless
support structure without the consent of the property owner;
(b)
Property owned, leased, or controlled by a park district, forest
preserve district, or conservation district for public park, recreation,
or conservation purposes without the consent of the affected district
or facilities on rights-of-way that are under the jurisdiction and
control of a different unit of local government as provided by the
Illinois Highway Code; or
(c)
Property owned by a rail carrier registered under Section 18c-7201
of the Illinois Vehicle Code, Metra Commuter Rail or any other public
commuter rail service, or an electric utility as defined in Section
16-102 of the Public Utilities Act,[3] without the consent of the rail carrier, public commuter
rail service, or electric utility. The provisions of this article
do not apply to an electric or gas public utility or such utility's
wireless facilities if the facilities are being used, developed, and
maintained consistent with the provisions of subsection (i) of Section
16-108.5 of the Public Utilities Act.
[1]
For the purposes of this subsection, "public utility" has the
meaning given to that term in Section 3-105 of the Public Utilities
Act. Nothing in this article shall be construed to relieve any person
from any requirement (a) to obtain a franchise or a state-issued authorization
to offer cable service or video service or (b) to obtain any required
permission to install, place, maintain, or operate communications
facilities, other than small wireless facilities subject to this article.
[3]
Editor's Note: See 220 ILCS 620/1 et seq.
(3)
Existing agreements grandfathered for existing locations. Agreements
between the Village and wireless providers that relate to the collocation
of small wireless facilities in the right-of-way, including the collocation
of small wireless facilities on Village utility poles, that are in
effect on June 1, 2018, shall remain in effect for small wireless
facilities collocated on Village utility poles pursuant to applications
submitted to the Village before June 1, 2018, subject to applicable
termination provisions.
(4)
Annual recurring rate. Provided that an application for a covered
facility is accompanied by a supplemental application as designated
by the Village Manager for collocating such covered facilities on
a Village utility pole, a wireless provider shall pay an annual recurring
rate to collocate a Covered Facility on a Village utility pole located
in a right-of-way equal to $200 per year or the actual, direct, and
reasonable costs related to the wireless provider's use of space
on the Village utility pole.
(a)
Rates for collocation on Village utility poles or wireless support
structures located outside of a right-of-way are not subject to these
limitations.
(5)
Aerial facilities. For Village utility poles that support aerial
facilities used to provide communications services or electric service,
wireless providers shall comply with the process for make-ready work
under 47 U.S.C. 224 and its implementing regulations.
(6)
Abandonment. A small wireless facility that is not operated for a
continuous period of 12 months shall be considered abandoned and the
owner of the facility must remove the small wireless facility within
90 days after receipt of written notice from the Village notifying
the owner of the abandonment. The notice shall be sent by certified
or registered mail, return receipt requested, by the Village to the
owner at the last known address of the owner. If the small wireless
facility is not removed within 90 days of such notice, the Village
may remove or cause the removal of such facility pursuant to the terms
of any pole attachment agreement for Village utility poles or through
whatever actions are provided for abatement of nuisances or by other
law for removal and cost recovery.
(7)
Sale or transfer. A wireless provider shall provide written notice
to the Village if it sells or transfers small wireless facilities
within the jurisdictional boundary of the Village. Such notice shall
include the name and contact information of the new wireless provider.
A wireless provider shall indemnify and hold the Village harmless
against any and all liability or loss from personal injury or property
damage resulting from or arising out of, in whole or in part, the
use or occupancy of the Village improvements or right-of-way associated
with such improvements by the wireless provider or its employees,
agents, or contractors arising out of the rights and privileges granted
under this article and PA 100-0585. A wireless provider has no obligation
to indemnify or hold harmless against any liabilities and losses as
may be due to or caused by the sole negligence of the Village or its
employees or agents. A wireless provider shall further waive any claims
that they may have against the Village with respect to consequential,
incidental, or special damages, however caused, based on the theory
of liability.
A.
A wireless provider shall carry, at the wireless provider's
own cost and expense, the following insurance: property insurance
for its property's replacement cost against all risks; workers'
compensation insurance, as required by law; or commercial general
liability insurance with respect to its activities on the Village
improvements or rights-of-way to afford minimum protection limits
consistent with its requirements of other users of Village improvements
or rights-of-way (including coverage for bodily injury and property
damage) as determined by the Village Manager, or such minimum coverages
and maximum deductibles on such policies as may be established from
time-to-time by ordinance or resolution of the Village.
B.
The wireless provider shall include the Village and its officers,
officials, employees, agents, attorneys, and representatives as an
additional insured on the commercial general liability policy and
provide certification and documentation of inclusion of the Village
in a commercial general liability policy as reasonably required by
the Village prior to, and as a condition of, issuance of a permit.
A.
A wireless provider may request a variance from one or more of the
provisions of this article by submitting a written request to the
Roads and Rights-of-Way Commissioner as part of a permit application.
The request shall identify each provision of this article from which
a variance is requested and the reasons why a variance should be granted.
B.
The Roads and Rights-of-Way Commissioner shall decide whether a variance
is authorized for each provision of this article identified in the
variance request on an individual basis.
C.
The Roads and Rights-of-Way Commissioner may authorize a variance
only if the wireless provider requesting the variance has demonstrated
that:
(1)
One or more conditions not under the control of the wireless provider
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 to the provision from which a variance is requested
are impracticable in relation to the requested approach.
D.
As a condition for authorizing a variance, the Roads and Rights-of-Way
Commissioner may require the wireless provider requesting the variance
to meet reasonable standards and conditions that may or may not be
expressly contained within this article but which carry out the purposes
of this article.
Any wireless provider aggrieved by any order, requirement, decision
or determination, including denial of or conditions established in
connection with a permit, variance, or other approval, made by the
Roads and Rights-of-Way Commissioner under the provisions of this
article may seek a review of such order, requirement, decision or
determination by filing a request for review thereof with the Village
Manager, within 30 days after the notification of the order, requirement,
decision or determination. The request for review shall set forth
in detail the basis for the request. The Village Manager shall thereafter
consider the request for review, determine whether the order, requirement,
decision or determination should be affirmed, modified, modified with
conditions, or reversed, and provide a written determination thereof.
If such wireless provider seeks further review of the order, requirement,
decision or determination, such wireless provider shall file a request
to appeal the determination of the Village Manager with the Village
Clerk within 30 days after mailing of the determination by the Village
Manager; such appeal shall be considered by the Board of Trustees
based on the relevant facts available regarding the order, requirement,
decision or determination in question and the materials presented
in connection with the request for appeal, as well as materials presented
in connection with the Manager's review provided under this section.
The determination of the Board of Trustees shall be a final decision
for purposes of the Administrative Review Law, 735 ILCS 5/3-101 et
seq.
If any provision of this article or application thereof to any
person or circumstances is ruled unconstitutional or otherwise invalid,
such invalidity shall not affect other provisions or applications
of this article that can be given effect without the invalid application
or provision, and each invalid provision or invalid application of
this article is severable.
