City of El Paso, IL
Woodford County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of El Paso 6-20-2016 by Ord. No. 985. Amendments noted where applicable.]
GENERAL REFERENCES
Moving of buildings — See Ch. 138.
Streets, sidewalks and public property — See Ch. 255.

§ 232-1 Purpose and scope.

A. 
Purpose. The purpose of this chapter is to establish policies and procedures for constructing facilities on rights-of-way within the City of El Paso's jurisdiction, which will provide public benefit consistent with the preservation of the integrity, safe usage, and visual qualities of the City of El Paso rights-of-way and the City of El Paso as a whole.
B. 
Conflicts with other chapters and laws. This chapter supersedes all chapters or parts of chapters adopted prior hereto that are in conflict herewith, to the extent of such conflict. In the event that applicable federal or state laws or regulations conflict with the requirements of this chapter, the utility shall comply with the requirements of this chapter to the maximum extent possible without violating federal or state laws or regulations.

§ 232-2 Definitions.

As used in this chapter and unless the context clearly requires otherwise, the words and terms listed shall have the meanings ascribed to them in this section. Any term not defined in this section shall have the meaning ascribed to it in 92 Ill. Adm. Code § 530.30, unless the context clearly requires otherwise.
BACKFILL
The methods or materials for replacing excavated material in a trench or pit.
BORE or BORING
To excavate an underground cylindrical cavity for the insertion of a pipe or electrical conductor.
CITY OF EL PASO
The City of El Paso.
CONSTRUCTION or CONSTRUCT
The installation, repair, maintenance, placement, alteration, enlargement, demolition, modification or abandonment in place of facilities.
DISRUPT THE 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.
EMERGENCY
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.
FACILITY
All structures, devices, objects, and materials (including, but not limited to, track and rails, wires, ducts, fiber-optic cable, antennas, vaults, boxes, equipment enclosures, cabinets, pedestals, poles, conduits, grates, covers, pipes, cables, and appurtenances thereto) located on, over, above, along, upon, under, across, or within rights-of-way under this chapter. For purposes of this chapter, the term "facility" shall not include any facility owned or operated by the City of El Paso.
HIGHWAY
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.
HIGHWAY CODE
The Illinois Highway Code, 605 ILCS 5/1-101 et seq., as amended from time to time.
RIGHT-OF-WAY or RIGHTS-OF-WAY
Any street, alley, other land or waterway, dedicated or commonly used for pedestrian or vehicular traffic or other similar purposes, including utility easements, in which the City of El Paso has the right and authority to authorize, regulate or permit the location of facilities other than those of the City of El Paso.
UTILITY
The individual or entity owning or operating any facility as defined in this chapter.

§ 232-3 Permit required; applications and fees.

A. 
Permit required. No person shall construct (as defined in this chapter) any facility on, over, above, along, upon, under, across, or within any City of El Paso right-of-way which 1) changes the location of the facility, 2) adds a new facility, 3) disrupts the right-of-way (as defined in this chapter), 4) damages the right-of-way, or 5) materially increases the amount of area or space occupied by the facility on, over, above, along, under across or within the right-of-way, without first filing an application with the City of El Paso for a permit therefor. No permit shall be required for installation and maintenance of service connections to customers' premises where there will be no disruption of the right-of-way.
B. 
Permit application. All applications for permits pursuant to this chapter shall be filed with the City of El Paso Clerk, who shall forward such applications to the City of El Paso Director of Public Works or his/her designee. The applicant may designate those portions of its application materials that it reasonably believes contain proprietary or confidential information as "proprietary" or "confidential" by clearly marking each page of such materials accordingly.
C. 
Minimum permit application requirements. A permit application under this chapter shall contain, at a minimum, the following:
(1) 
The utility's name and address and telephone and telecopy numbers;
(2) 
The applicant's name and address, if different than the utility, its telephone, telecopy numbers, e-mail address, and its interest in the work;
(3) 
The names, addresses and telephone and telecopy numbers and e-mail addresses of all professional consultants, if any, advising the applicant with respect to the application;
(4) 
A general description of the proposed work and the purposes and intent of the facility and the uses to which the facility will be put. The scope and detail of such description shall be appropriate to the nature and character of the work to be performed, with special emphasis on those matters likely to be affected or impacted by the work proposed;
(5) 
Evidence that the utility has placed on file with the City of El Paso:
(a) 
A written traffic control plan demonstrating the protective measures and devices that will be employed consistent with the Illinois Manual on Uniform Traffic Control Devices, to prevent injury or damage to persons or property and to minimize disruptions to efficient pedestrian and vehicular traffic; and
(b) 
An emergency contingency plan which shall specify the nature of potential emergencies, including, without limitation, construction and hazardous materials emergencies, and the intended response by the applicant. The intended response shall include notification to the City of El Paso and shall promote protection of the safety and convenience of the public. Compliance with ICC regulations for emergency contingency plans constitutes compliance with this section unless the City of El Paso 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;
(7) 
Evidence of insurance as required in § 232-6 of this chapter;
(8) 
Any request for a variance from one or more provisions of this chapter (See § 232-16); and
(9) 
Such additional information as may be reasonably required by the City of El Paso.
D. 
Applicant's duty to update information. Throughout the entire permit application review period and the construction period authorized by the permit, any amendments to information contained in a permit application shall be submitted by the utility in writing to the City of El Paso within 30 days after the change necessitating the amendment.
E. 
Application fees. Unless otherwise provided by franchise, license, or similar agreement, all applications for permits pursuant to this chapter shall be accompanied by a fee as set forth in the fee schedule. 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 645/15 et seq.).
[Amended 2-6-2017 by Ord. No. 994]
F. 
Permit fees. Unless otherwise provided by franchise, license, or similar agreement, permit fees pursuant to this chapter shall be as set forth in the fee schedule. Fees for total closure of the street shall be double the single-lane fees. Each permit will cover up to one mile in length. Additional permits will be required for each additional mile.
[Amended 2-6-2017 by Ord. No. 994]

§ 232-4 Action on permit applications.

A. 
City of El Paso review of permit applications. Completed permit applications, containing all required documentation, shall be examined by the City of El Paso Director of Public Works or his/her designee within a reasonable time after filing. If the application does not conform to the requirements of applicable ordinances, codes, laws, rules, and regulations, the City of El Paso Director of Public Works or his/her designee shall reject such application in writing, stating the reasons therefor. If the City of El Paso Director of Public Works or his/her designee is satisfied that the proposed work conforms to the requirements of this chapter and applicable ordinances, codes, laws, rules, and regulations, the City of El Paso Director of Public Works or his/her designee shall issue a permit therefor as soon as practicable. In all instances, it shall be the duty of the applicant to demonstrate, to the satisfaction of the City of El Paso Director of Public Works or his/her designee that the construction proposed under the application shall be in full compliance with the requirements of this chapter.
B. 
Additional City of El Paso 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 (220 ILCS 5/21-100 et seq.) shall be deemed granted 45 days after submission to the City of El Paso, unless otherwise acted upon by the City of El Paso, provided the holder has complied with applicable City of El Paso codes, ordinances, and regulations.

§ 232-5 Effect of permit; duration.

A. 
Authority granted; no property right or other interest created. A permit from the City of El Paso authorizes a permittee to undertake only certain activities in accordance with this chapter on City of El Paso rights-of-way, and does not create a property right or grant authority to the permittee to impinge upon the rights of others who may have an interest in the rights-of-way.
B. 
Duration. No permit issued under this chapter shall be valid for a period longer than six months unless construction is actually begun within that period and is thereafter diligently pursued to completion.
C. 
Compliance with all laws required. The issuance of a permit by the City of El Paso does not excuse the permittee from complying with other requirements of the City of El Paso and applicable statutes, laws, ordinances, rules, and regulations.

§ 232-6 Insurance.

A. 
Required coverages and limits.
(1) 
Unless otherwise provided by franchise, license, or similar agreement, each utility occupying a right-of-way or constructing any facility in the right-of-way shall secure and maintain the following liability insurance policies insuring the utility as named insured and naming the City of El Paso 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:
[1] 
Five million dollars for bodily injury or death to each person;
[2] 
Five million dollars for property damage resulting from any one accident; and
[3] 
Five million dollars for all other types of liability;
(b) 
Automobile liability for owned, non-owned and hired vehicles with a combined single limit of $1,000,000 for personal injury and property damage for each accident;
(c) 
Worker's compensation with statutory limits; and
(d) 
Employer's liability insurance with limits of not less than $1,000,000 per employee and per accident.
(2) 
If the utility is not providing such insurance to protect the contractors and subcontractors performing the work, then such contractors and subcontractors shall comply with this section.
B. 
Excess or umbrella policies. The coverages required by this section may be in any combination of primary, excess, and umbrella policies. Any excess or umbrella policy must provide excess coverage over underlying insurance on a following-form basis such that when any loss covered by the primary policy exceeds the limits under the primary policy, the excess or umbrella policy becomes effective to cover such loss.
C. 
Copies required. The utility shall provide copies of any of the policies required by this section to the City of El Paso within 10 days, or at the time a utility makes a permit application under this chapter.
D. 
Maintenance and renewal of required coverages.
(1) 
The insurance policies required by this section shall contain the following endorsement:
"It is hereby understood and agreed that this policy may not be canceled nor the intention not to renew be stated until 30 days after receipt by the City of El Paso, by registered mail or certified mail, return receipt requested, of a written notice addressed to the City of El Paso Director of Public Works of such intent to cancel or not to renew."
(2) 
Within 10 days after receipt by the City of El Paso of said notice, and in no event later than 10 days prior to said cancellation, the utility shall obtain and furnish to the City of El Paso evidence of replacement insurance policies meeting the requirements of this section.
E. 
Self-insurance. A self-insured utility otherwise meeting the requirements of Subsection A is not required, to the extent of such self-insurance, to comply with the requirement for the naming of additional insureds under Subsection A, or the requirements of Subsections B, C and D of this section. A utility that elects to self-insure shall provide to the City of El Paso evidence sufficient to demonstrate its financial ability to self-insure the insurance coverage and limit requirements required under Subsection A of this section, such as evidence that the utility is a "private self insurer" under the Workers Compensation Act.
F. 
Effect of insurance and self-insurance on utility's liability. The legal liability of the utility to the City of El Paso 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.

§ 232-7 Indemnification.

By occupying or constructing facilities in the right-of-way, a utility shall be deemed to agree to defend, indemnify and hold the City of El Paso and its elected and appointed officials and officers, employees, agents and representatives harmless from and against any and all injuries, claims, demands, judgments, damages, losses and expenses, including reasonable attorney's fees and costs of suit or defense, arising out of, resulting from or alleged to arise out of or result from the negligent, careless or wrongful acts, omissions, failures to act or misconduct of the utility or its affiliates, officers, employees, agents, contractors or subcontractors in the construction of facilities or occupancy of the rights-of-way, and in providing or offering service over the facilities, whether such acts or omissions are authorized, allowed or prohibited by this chapter or by a franchise, license, or similar agreement; provided, however, that the utility's indemnity obligations hereunder shall not apply to any injuries, claims, demands, judgments, damages, losses or expenses arising out of or resulting from the negligence, misconduct or breach of this chapter by the City of El Paso, its officials, officers, employees, agents or representatives.

§ 232-8 Permit suspension and revocation.

A. 
City of El Paso right to revoke permit. The City of El Paso may revoke or suspend a permit issued pursuant to this chapter for one or more of the following reasons:
(1) 
Fraudulent, false, misrepresenting, or materially incomplete statements in the permit application;
(2) 
Noncompliance with this chapter.
(3) 
Permittee's physical presence or presence of permittee's facilities on, over, above, along, upon, under, across, or within the rights-of-way presents a direct or imminent threat to the public health, safety, or welfare.
(4) 
Permittee's failure to construct the facilities substantially in accordance with the permit and approved plans.
(5) 
Permittee's failure to immediately report to the City of El Paso Director of Public Works any damages to City utilities.
(6) 
Permittee's failure to compensate the City of El Paso for any City utilities that must be repaired by City employees or a third party due to damages incurred during construction.
(7) 
Permittee's failure to employ a licensed plumber to repair any private potable water service line or sanitary sewer main or service due to any damages incurred during construction.
B. 
Notice of revocation or suspension. The City of El Paso shall send written notice of its intent to revoke or suspend a permit issued pursuant to this chapter stating the reason or reasons for the revocation or suspension and the alternatives available to the permittee under this § 232-8.
C. 
Permittee alternatives upon receipt of notice of revocation or suspension.
(1) 
Upon receipt of a written notice of revocation or suspension from the City of El Paso, the permittee shall have the following options:
(a) 
Immediately provide the City of El Paso with evidence that no cause exists for the revocation or suspension;
(b) 
Immediately correct, to the satisfaction of the City of El Paso, the deficiencies stated in the written notice, providing written proof of such correction to the City of El Paso within five working days after receipt of the written notice of revocation; or
(c) 
Immediately remove the facilities located on, over, above, along, upon, under, across, or within the rights-of-way and restore the rights-of-way to the satisfaction of the City of El Paso, providing written proof of such removal to the City of El Paso within 10 days after receipt of the written notice of revocation.
(2) 
The City of El Paso may, in its discretion, for good cause shown, extend the time periods provided in this subsection.
D. 
Stop-work order. In addition to the issuance of a notice of revocation or suspension, the City of El Paso may issue a stop-work order immediately upon discovery of any of the reasons for revocation set forth within Subsection A of this section.
E. 
Failure or refusal of the permittee to comply. If the permittee fails to comply with the provisions of Subsection C of this section, the City of El Paso or its designee may, at the option of the City of El Paso: 1) correct the deficiencies; 2) upon not less than 20 days' notice to the permittee, remove the subject facilities or equipment; or 3) after not less than 30 days' notice to the permittee of failure to cure the noncompliance, deem them abandoned and property of the City of El Paso. The permittee shall be liable in all events to the City of El Paso for all costs of removal.

§ 232-9 Traffic control.

A. 
Minimum requirements. The City of El Paso'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.
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 under this chapter, the utility shall provide such notice as is practicable under the circumstances.
E. 
Compliance. The utility shall take immediate action to correct any deficiencies in traffic protection requirements that are brought to the utility's attention by the City of El Paso.

§ 232-10 Location of facilities.

A. 
General requirements. In addition to location requirements applicable to specific types of utility facilities, all utility facilities, regardless of type, shall be subject to the general location requirements of this subsection.
(1) 
No interference with City of El Paso facilities. No utility facilities shall be placed in any location if the City of El Paso Director of Public Works or his/her designee determines that the proposed location will require the relocation or displacement of any of the City of El Paso's utility facilities or will otherwise interfere with the operation or maintenance of any of the City of El Paso's utility facilities.
(2) 
Minimum interference and impact. The proposed location shall cause only the minimum possible interference with the use of the right-of-way and shall cause only the minimum possible impact upon, and interference with the rights and reasonable convenience of property owners who adjoin said right-of-way.
(3) 
No interference with travel. No utility facility shall be placed in any location that interferes with the usual travel on such right-of-way.
(4) 
No limitations on visibility. No utility facility shall be placed in any location so as to limit visibility of or by users of the right-of-way.
(5) 
Size of utility facilities. The proposed installation shall use the smallest suitable vaults, boxes, equipment enclosures, power pedestals, and/or cabinets then in use by the facility owner, regardless of location, for the particular application.
B. 
Freestanding facilities.
(1) 
The City of El Paso may restrict the location and size of any freestanding facility located within a right-of-way.
(2) 
The City of El Paso may require any freestanding facility located within a right-of-way to be screened from view.
C. 
Facilities installed above ground. Above-ground facilities may be installed only if:
(1) 
No other existing facilities in the area are located underground;
(2) 
New underground installation is not technically feasible; and
(3) 
The proposed installation will be made at a location, and will employ suitable design and materials, to provide the greatest protection of aesthetic qualities of the area being traversed without adversely affecting safety. Suitable designs include, but are not limited to, self-supporting armless, single-pole construction with vertical configuration of conductors and cable. Existing utility poles and light standards shall be used wherever practicable; the installation of additional utility poles is strongly discouraged.
D. 
Appearance standards.
(1) 
The City of El Paso may prohibit the installation of facilities in particular locations in order to preserve visual quality.
(2) 
A facility may be constructed only if its construction does not require extensive removal or alteration of trees or terrain features visible to the right-of-way user or to adjacent residents and property owners, and if it does not impair the aesthetic quality of the lands being traversed.

§ 232-11 Construction methods and materials.

A. 
Backfilling.
(1) 
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, latest edition. When excavated material is hauled away or is unsuitable for backfill, suitable granular backfill shall be used.
(2) 
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 City of El Paso Director of Public Works or his/her designee, the utility, at its expense, shall remove any pavement and backfill material to the top of the installed facility, place and properly compact new backfill material, and restore new pavement, sidewalk, curbs, and driveways to the proper grades, as determined by the City of El Paso Director of Public Works or his/her designee.
B. 
Pavement cuts and potholing. 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 B is permitted under this chapter, the following requirements shall apply:
(1) 
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 City of El Paso Director of Public Works or his/her designee.
(2) 
Restoration of pavement and potholing, in kind, shall be accomplished as soon as practicable, and temporary repair with bituminous mixture shall be provided immediately. Any subsequent failure of either the temporary repair or the restoration shall be rebuilt upon notification by the City of El Paso.
(3) 
All saw cuts shall be full depth.
(4) 
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.
C. 
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 City of El Paso)
Gas or petroleum products
30 inches (0.8 m)
Water line
48 inches
Sanitary sewer, storm sewer, or drainage line
Sufficient cover to provide freeze protection (36 inches minimum)
D. 
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 City of El Paso Director of Public Works or his/her designee. With the approval of the City of El Paso Director of Public Works or his/her designee, shrubbery surrounding the appurtenance may be used in place of a vegetation-free area. The housing for ground-mounted appurtenances shall be painted a neutral color to blend with the surroundings.
E. 
Materials.
(1) 
General standards. The materials used in constructing facilities within rights-of-way shall be those meeting the accepted standards of the appropriate industry, the applicable portions of IDOT's Standards Specifications for Road and Bridge Construction, the requirements of the Illinois Commerce Commission, or the standards established by other official regulatory agencies for the appropriate industry.
(2) 
Material storage on right-of-way. No material shall be stored on the right-of-way without the prior written approval of the City of El Paso Director of Public Works or his/her designee. 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 City of El Paso.
F. 
Operational restrictions.
(1) 
Construction operations on rights-of-way may, at the discretion of the City of El Paso, 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 City of El Paso Director of Public Works or his/her designee when emergency work is required to restore vital utility services.
(3) 
Unless otherwise permitted by the City of El Paso, the hours of construction are 7:00 a.m. until 5:00 p.m. Monday through Friday. Work on weekends and holidays will not be permitted unless emergency work is required.
G. 
Location of existing facilities. Any utility proposing to construct facilities in the City of El Paso 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 City of El Paso will make its permit records available to a utility for the purpose of identifying possible facilities. When notified of an excavation or when requested by the City of El Paso 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.).
H. 
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.
(1) 
Length. The length of open trench shall be kept to the practicable minimum consistent with requirements for pipe-line testing. Only 1/2 of any intersection may have an open trench at any time unless special permission is obtained from the City Director of Public Works.
(2) 
Open trench and excavated material.
(a) 
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.
(b) 
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.
(3) 
Drip line of trees. The utility shall not trench within the drip line of any tree designated by the City to be preserved.
I. 
Boring or jacking.
(1) 
Pits and shoring. Boring or jacking under rights-of-way shall be accomplished from pits located at a minimum distance specified by the City Director of Public Works 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.
(2) 
Wet boring or jetting. Wet boring or jetting shall not be permitted under the roadway.
(3) 
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).
(4) 
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.
(5) 
Expose existing utilities.
(a) 
When the drill path crosses an existing utility, the contractor shall expose the utility by vacuum excavation or hand digging to verify the location and depth of the facility. Where applicable, the contractor shall leave open a window to the exposed facility so the bore head and back-reamer can be visually monitored. When clearance from a utility is required to be maintained, the required clearance shall include both horizontal and vertical clearances from the nearest edge of the existing facility to the closest edge of the largest diameter back reamer to be used along the drill path.
(b) 
Required clearance for existing sewer lines and water lines: three feet horizontal and 1.5 feet vertical.
(c) 
When the drill path is parallel to and within three feet of an existing sewer or water line, the contractor shall expose by vacuum excavation or hand digging at reasonable intervals to confirm clearance to the adjacent utility. The contractor shall be responsible for televising sewer lines for a damage analysis if so requested by the City.
(6) 
Tree preservation. Any facility located within the drip line of any tree designated by the City to be preserved or protected shall be bored under or around the root system.

§ 232-12 Vegetation control.

A. 
Electric utilities: compliance with state laws and regulations. An electric utility shall conduct all tree-trimming and vegetation control activities in the right-of-way in accordance with applicable Illinois laws and regulations, and additionally with such local franchise or other agreement with the City of El Paso as permitted by law.
B. 
Other utilities: tree trimming permit required. Tree trimming that is done by any other utility with facilities in the right-of-way, and that is not performed pursuant to applicable Illinois laws and regulations specifically governing same, shall not be considered a normal maintenance operation, but shall require the application for, and the issuance of, a permit, in addition to any other permit required under this chapter.
(1) 
Application for tree trimming permit. Applications for tree trimming permits shall include assurance that the work will be accomplished by competent workers with supervision who are experienced in accepted tree pruning practices. Tree trimming permits shall designate an expiration date in the interest of assuring that the work will be expeditiously accomplished.
(2) 
Damage to trees. Poor pruning practices resulting in damaged or misshapen trees will not be tolerated and shall be grounds for cancellation of the tree trimming permit and for assessment of damages. The City of El Paso will require compensation for trees extensively damaged and for trees removed without authorization. The formula developed by the International Society of Arboriculture will be used as a basis for determining the compensation for damaged trees or unauthorized removal of trees. The City of El Paso may require the removal and replacement of trees if trimming or radical pruning would leave them in an unacceptable condition.
C. 
Specimen trees or trees of special significance. The City of El Paso may require that special measures be taken to preserve specimen trees or trees of special significance. The required measures may consist of higher poles, side arm extensions, covered wire or other means.
D. 
Chemical use.
(1) 
Except as provided in the following subsection, no utility shall spray, inject or pour any chemicals on or near any trees, shrubs or vegetation in the City of El Paso for any purpose, including the control of growth, insects or disease.
(2) 
Spraying of any type of brush-killing chemicals will not be permitted on rights-of-way unless the utility demonstrates to the satisfaction of the City of El Paso Director of Public Works or his/her designee that such spraying is the only practicable method of vegetation control.

§ 232-13 Removal, relocation, or modification of utility facilities.

A. 
Notice. Within 90 days following written notice from the City of El Paso, a utility shall, at its own expense, protect, support, temporarily or permanently disconnect, remove, relocate, change or alter the position of any utility facilities within the rights-of-way whenever the corporate authorities have determined that such removal, relocation, change or alteration is reasonably necessary for the construction, repair, maintenance, or installation of any City of El Paso improvement in or upon, or the operations of the City of El Paso in or upon, the rights-of-way.
B. 
Removal of unauthorized facilities. Within 30 days following written notice from the City of El Paso, any utility that owns, controls, or maintains any unauthorized facility or related appurtenances within the rights-of-way shall, at its own expense, remove all or any part of such facilities or appurtenances from the rights-of-way. A facility is unauthorized and subject to removal in the following circumstances:
(1) 
Upon expiration or termination of the permittee's license or franchise, unless otherwise permitted by applicable law;
(2) 
If the facility was constructed or installed without the prior grant of a license or franchise, if required;
(3) 
If the facility was constructed or installed without prior issuance of a required permit in violation of this chapter; or
(4) 
If the facility was constructed or installed at a location not permitted by the permittee's license or franchise.
C. 
Emergency removal or relocation of facilities. The City of El Paso retains the right and privilege to cut or move any facilities located within the rights-of-way of the City of El Paso, as the City of El Paso may determine to be necessary, appropriate or useful in response to any public health or safety emergency. If circumstances permit, the municipality shall attempt to notify the utility, if known, prior to cutting or removing a facility and shall notify the utility, if known, after cutting or removing a facility.
D. 
Abandonment of facilities. Upon abandonment of a facility within the rights-of-way of the City of El Paso, the utility shall notify the City of El Paso within 90 days. Following receipt of such notice, the City of El Paso may direct the utility to remove all or any portion of the facility if the City of El Paso Director of Public Works or his/her designee determines that such removal will be in the best interest of the public health, safety and welfare. In the event that the City of El Paso does not direct the utility that abandoned the facility to remove it, by giving notice of abandonment to the City of El Paso, 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.

§ 232-14 Clean-up and restoration.

The utility shall remove all excess material and restore all pavement, turf, 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 City of El Paso. This includes restoration of entrances and side roads. Restoration of roadway surfaces shall be made using materials and methods approved by the City of El Paso Director of Public Works or his/her designee. Such cleanup and repair may be required to consist of backfilling, regrading, reseeding, resodding, or any other requirement to restore the right-of-way to a condition substantially equivalent to that which existed prior to the commencement of the project. The time period provided in this section may be extended by the City of El Paso Director of Public Works or his/her designee for good cause shown.

§ 232-15 Maintenance and emergency maintenance and repairs.

A. 
General. Facilities on, over, above, along, upon, under, across, or within rights-of-way are to be maintained by or for the utility in a manner satisfactory to the City of El Paso and at the utility's expense.
B. 
Emergency maintenance procedures. Emergencies may justify noncompliance with normal procedures for securing a permit:
(1) 
If an emergency creates a hazard on the traveled portion of the right-of-way, the utility shall take immediate steps to provide all necessary protection for traffic on the highway or the public on the right-of-way, including the use of signs, lights, barricades or flaggers. If a hazard does not exist on the traveled way, but the nature of the emergency is such as to require the parking on the shoulder of equipment required in repair operations, adequate signs and lights shall be provided. Parking on the shoulder in such an emergency will only be permitted when no other means of access to the facility is available.
(2) 
In an emergency, the utility shall, as soon as possible, notify the City of El Paso Director of Public Works or his/her designee or his or her duly authorized agent of the emergency, informing him or her as to what steps have been taken for protection of the traveling public and what will be required to make the necessary repairs. If the nature of the emergency is such as to interfere with the free movement of traffic, the City of El Paso police shall be notified immediately.
(3) 
In an emergency, the utility shall use all means at hand to complete repairs as rapidly as practicable and with the least inconvenience to the traveling public.
C. 
Emergency repairs. The utility must file in writing with the City of El Paso a description of the repairs undertaken in the right-of-way within 48 hours after an emergency repair.

§ 232-16 Variances.

A. 
Request for variance. A utility requesting a variance from one or more of the provisions of this chapter must do so in writing to the City of El Paso Director of Public Works or his/her designee as a part of the permit application. The request shall identify each provision of this chapter from which a variance is requested and the reasons why a variance should be granted.
B. 
Authority to grant variances. The City of El Paso Director of Public Works or his/her designee shall decide whether a variance is authorized for each provision of this chapter identified in the variance request on an individual basis.
C. 
Conditions for granting of variance. The City of El Paso Director of Public Works or his/her designee may authorize a variance only if the utility requesting the variance has demonstrated that:
(1) 
One or more conditions not under the control of the utility (such as terrain features or an irregular right-of-way line) create a special hardship that would make enforcement of the provision unreasonable, given the public purposes to be achieved by the provision; and
(2) 
All other designs, methods, materials, locations or facilities that would conform with the provision from which a variance is requested are impracticable in relation to the requested approach.
D. 
Additional conditions for granting of a variance. As a condition for authorizing a variance, the City of El Paso Director of Public Works or his/her designee may require the utility requesting the variance to meet reasonable standards and conditions that may or may not be expressly contained within this chapter but which carry out the purposes of this chapter.
E. 
Right to appeal. Any utility aggrieved by any order, requirement, decision or determination, including denial of a variance, made by the City of El Paso Director of Public Works or his/her designee under the provisions of this chapter, shall have the right to appeal to the City of El Paso Zoning Board, or such other board or commission as it may designate. The application for appeal shall be submitted in writing to the City of El Paso Clerk within 30 days after the date of such order, requirement, decision or determination. The City of El Paso Zoning Board shall commence its consideration of the appeal at the Zoning Board's next regularly scheduled meeting occurring at least seven days after the filing of the appeal. The City of El Paso Zoning Board shall timely decide the appeal.
[Amended 2-6-2017 by Ord. No. 994]

§ 232-17 Penalty; liability for costs.

Any person who violates, disobeys, omits, neglects or refuses to comply with any of the provisions of this chapter shall be subject to fine in accordance with the penalty provisions of this Code (see Chapter 1, Article IV). There may be times when the City of El Paso will incur delay or other costs, including third-party claims, because the utility will not or cannot perform its duties under its permit and this chapter. Unless the utility shows that another allocation of the cost of undertaking the requested action is appropriate, the utility shall bear the City of El Paso's costs of damages and its costs of installing, maintaining, modifying, relocating, or removing the facility that is the subject of the permit. No other administrative agency or commission may review or overrule a permit-related cost apportionment of the City of El Paso. Sanctions may be imposed upon a utility that does not pay the costs apportioned to it.

§ 232-18 Enforcement.

Nothing in this chapter shall be construed as limiting any additional or further remedies that the City of El Paso may have for enforcement of this chapter.