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G-846 - 11/13/2007 - PUBLIC RIGHT OF WAY - Ordinances Supporting DocumentsJ • H 10.13.1 A ' (B � I a ` � S9J:a➢ I NE"" AGENDA ITEM Regular Board of Trustees Meeting of November 13, 2007 SUBJECT: Construction of Facilities on the Public Right of Way FROM: David Niemeyer, Village Manager BUDGET SOURCE /BUDGET IMPACT: N/A RECOMMENDED MOTION: Approve an ordinance amending standards for the construction of facilities on the public right of way. Background /History: This summer, Governor Blagoj evich signed a law that drastically changes the cable franchising process in Illinois. This law allows incumbent operators to decide whether to continue to provide cable service under their existing agreements with counties and municipalities or to obtain a state - issued authorization. It also allows new entrants, such as AT &T, to provide video service (known as Project Lightspeed) under a local agreement or by obtaining a state - issued authorization. On September 24, 2007, AT &T applied to the Illinois Commerce Commission for a state - issued authorization. The Illinois Municipal League has prepared a model right of way construction control ordinance to regulate this new service. Staff has reviewed this ordinance and made some minor modifications to the ordinance, which is attached. Dale Durfey's November 9, 2007 memo summarizes the changes. AT & T is also requesting approval to install the equipment needed for their new service in various parts of town. By law, we will have 45 days from the date of the state authorization to issue any necessary permits. I have attached pictures of the equipment and addresses where they expect to be installing this equipment. They have been working with staff to provide appropriate landscaping to screen this equipment. IN Last saved by Default V \AGENDA \Const of Facilities in Public ROW's doc Last printed 11/9/2007 2 23 PM The Illinois Municipal League has also recommended that we approve model fee ordinances and customer services ordinances related to this new service in the next couple of months. Staff is currently reviewing these model ordinances and will present them to the Board at a later date. Recommendation: It is recommended that the Board of Trustees approve the ordinance amending standards for the construction of facilities on the public right of way. Last saved by Default V \AGENDA \Const of Facilities in Public ROW's doc Last printed 11/9/2007 2 23 PM ORDINANCE 2007- PW -CR -G -846 AN ORDINANCE AMENDING STANDARDS FOR THE CONSTRUCTION OF FACILITIES ON THE PUBLIC RIGHT -OF -WAY AND AMENDING TITLE 8 OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK, ILLINOIS WHEREAS, the Village of Oak Brook ( "Village ") has the authority to adopt ordinances and to promulgate rules and regulations that pertain to its government and affairs and governing the use of public rights -of -way and that protect the public health, safety and welfare of its citizens, and WHEREAS, the Village currently has in effect Title 8, Chapter 1 of the Village Code establishing standards and conditions for the use of the public right -of -way, and WHEREAS, the Corporate Authorities find and determine that it is necessary to and in the best interests of the public health, safety and general welfare to amend the Village's uniform standards and regulations established by Title 8, Chapter 1 of the Village Code for access to and use of the public right - of -way in the Village by utility service providers and other persons and entities that desire to place structures, facilities or equipment in the public right -of -way, so as to (i) prevent interference with the use of streets, sidewalks, alleys and other public ways and places by the Village and the general public, (ii) protect against visual and physical obstructions to vehicular and pedestrian traffic, (iii) prevent interference with the facilities and operations of the Village's utilities and of other utilities lawfully located in the public right -of -way or property, (iv) protect against environmental damage, including damage to trees, from the installation of utilities facilities, (v) preserve the character of the neighborhoods in which facilities are installed, (vi) prevent visual blight, and (vii) assure the continued safe use and enjoyment of private properties adjacent to utility facilities locations; and WHEREAS, in the enactment of this ordinance, the Corporate Authorities have considered a variety of standards for construction on, over, above, along, under, across, or within, use of and repair of the public right -of- way, including, but not limited to, the standards relating to Accommodation of Utilities on Right -of -Way of the Illinois State Highway System promulgated by the Illinois Department of Transportation and found at 92 III Adm Code § 530 10 et seq , and WHEREAS, the Corporate Authorities find that it is in the best interest of the Village, the public and the utilities using the public right -of -way to reaffirm the comprehensive set of construction standards and requirements previously established by the Village to achieve various beneficial goals, including, without limitation, enhancing the planning of new utility facilities, minimizing interference with, and damage to, right -of -way and the streets, sidewalks, and other structures and improvements located in, on, over and above the right -of -way, and reducing costs and expenses to the public NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS, as follows Section 1 The foregoing preambles are restated and incorporated herein by reference as though fully set forth herein Section 2 Section 8 -1 -1 of the Village Code is amended by adding the following definitions 8 -1 -1 DEFINITIONS: Practicable That which is performable, feasible or possible, rather than that which is simply convenient Ordinance 2007- PW -CR -G -846 Amending Title 8, Construction Standards Page 2 of 5 Utility Facility. All structures, devices, objects, and materials of utility providers (including, but not limited to, track and rails, wires, ducts, fiber optic cable, antennas, vaults, boxes, manholes, equipment enclosures, cabinets, pedestals, poles, conduits, grates, covers, pipes, sewers, cables, transformers and appurtenances thereto) located on, over, above, along, upon, under, across, or within public ways For purposes of this Title, the term "Utility Facility' shall not include any Utility Facility owned or operated by the Village Utility Provider The individual or entity owning or operating any Utility Facility Section 3 Section 8 -1 -3 of the Village Code is amended to read as follows 8 -1 -3 PUBLIC WORKS CONSTRUCTION STANDARDS: The Village Board may adopt, from time to time, Public Works Construction Standards upon the recommendation of the Village Engineer and Village Manager The Public Works Construction Standards shall contain construction regulations and standards, and engineering permit instructions and conditions All work in public ways shall be designed and constructed substantially in compliance with the Public Works Construction Standards The Village shall use sound engineering judgment when administering the Public Works Construction Standards and the Village Engineer may vary the Public Works Construction Standards upon the approval of the Village Manager in specific cases which are in harmony with the spirit of the standards and when deemed appropriate Nothing herein shall be construed to limit the ability of the Village to regulate its public ways for the protection of the public health, safety and welfare Section 4 Section 8 -1 -4 of the Village Code is amended by adding the following E Village Review of Permit Applications Completed permit applications, containing all required documentation, shall be examined by the Village Engineer within a reasonable time after filing If the application does not conform to the requirements of applicable ordinances, codes, laws, rules, and regulations, the Village Engineer shall reject such application in writing, stating the reasons therefore If the Village Engineer is satisfied that the proposed work conforms to the requirements of this Title and applicable ordinances, codes, laws, rules, and regulations, the Village Engineer shall issue a permit therefore as soon as practicable In all instances, it shall be the duty of the applicant to demonstrate, to the satisfaction of the Village Engineer, that the construction proposed under the application shall be in full compliance with the requirements of this Title F 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 permittee in writing to the Village within thirty (30) days after the change necessitating the amendment Section 5 Section 8 -1 -6 of the Village Code is amended to read as follows 8 -1 -6 LOCATION OF EXISTING UTILITIES OR UTILITY FACILITIES: Any applicant or permittee proposing to- perform work or construct Utility Facilities in a Public Way or Public Utility Easement shall contact JULIE (800- 892 -0123) and ascertain the presence and location of existing Utilities or Utility Facilities in the area The Village will make its records available to the applicant When notified of an excavation or when requested by the Village or by JULIE, a Utility Provider shall locate and physically mark its underground Utility Facilities within forty eight (48) hours, excluding weekends and holidays, in accordance with the Illinois Underground Facilities Damage Prevention Act. Any person who damages any Utility or Utility Facility through negligence or without having called for a location of the Utility or Utility Facility shall be charged for the repair or reinstallation of the Utility or Utility Facility Ordinance 2007- PW -CR -G -846 Amending Title 8, Construction Standards Page 3 of 5 Section 6 Section 8 -1 -7 of the Village Code is amended to read as follows 8 -1 -7 REMOVAL, RELOCATION OR MODIFICATION OF FACILITIES: A Within ninety (90) days following written notice from the Village, a utility provider shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any Utility Facility within public ways or public utility easements whenever the Village has 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 Public Ways or Public Utility Easements The Village retains the right and privilege to cut or move any Utility Facility located within Public Ways or Public Utility Easements as the Village may determine to be necessary, appropriate or useful in response to any public health or safety emergency If circumstances permit, the Village shall attempt to notify the Utility Provider, if known, prior to cutting or removing a Utility Facility and shall notify the Utility Provider, if known, after cutting or removing such Utility Facility B Removal of Unauthorized Facilities: Within thirty (30) days following written notice from the Village, any Utility Provider that owns, controls, or maintains any unauthorized Utility Facility or related appurtenances within Public Ways shall, at its ,own expense, remove all or any part of such Utility Facility or appurtenances from the Public Ways A Utility 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, or 2) If the Utility Facility was constructed or installed without the prior grant of a license or franchise, if required, or 3) If the Utility Facility was constructed or installed without prior issuance of a required permit in violation of this Title, or 4) If the Utility Facility was constructed or installed at a location not permitted by the permittee's license or franchise or permit C Abandonment of Facilities Upon abandonment of a Utility Facility within Public Ways, the Utility Provider shall notify the Village within ninety (90) days Following receipt of such notice, the Village may direct the Utility Provider to remove all or any portion of the Utility Facility if the Village Engineer 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 Provider that abandoned the Utility Facility to remove it, by giving notice of abandonment to the Village, the abandoning Utility Provider shall be deemed to consent to the alteration or removal of all or any portion of the Utility Facility by another Utility Provider or person Section 7 Section 8 -1 -8 of the Village Code is amended to read as follows 8 -1 -8 CHANGE OF UTILITY PROVIDER OWNERSHIP, OWNER'S IDENTITY OR LEGAL STATUS: A Notification of Change. A Utility Provider shall notify the Village no less than thirty (30) days prior to the transfer of ownership of any Utility Facility in Public Ways or Public Utility Easements or change in identity of the Utility Provider. The new owner of the Utility Provider or the Utility Facility shall have all the obligations, duties and privileges enjoyed by the former owner under any permit, if any, and shall comply with all applicable laws, ordinances, rules and regulations, including this Title, with respect to the work and Utility Facilities in Public Ways Ordinance 2007- PW -CR -G -846 Amending Title 8, Construction Standards Page 4 of 5 B Amended Permit, A new Utility Provider or Utility Facility 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 Utility Facility or allows it to remain on public ways C Insurance and Bonding All required insurance coverage or bonding must be changed to reflect the name of the new Utility Provider owner upon transfer Section 8 Section 8 -1 -14 of the Village Code is renumbered as Subsection 8 -1 -14A Section 9 Section 8 -1 -14 of the Village Code is amended by adding the following as Subsection 8 -1 -14B 8 -1 -14B Permittee Alternatives Upon Receipt of Notice of Violation: Upon receipt of a written notice of violation as provided in Section 8 -1 -14A from the Village, the permittee shall have the following options 1 Immediately provide the Village with evidence that no cause exists for the notice of violation, or 2 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 (5) working days after receipt of the written notice of violation, or 3 Immediately remove the work or facilities located on, over, above, along, upon, under, across, or within the Public Ways and restore the Public Ways to the satisfaction of the Village providing written proof of such removal to the Village within ten (10) days after receipt of the written notice of violation Section 10 Section 8 -1 -15 of the Village Code is amended by adding the following 8 -1 -15 REVOCATION OF PERMIT: E Existence of any condition or the doing of any act constituting or creating a nuisance or endangering the lives or property of others, or F Permittee's physical presence or presence of permittee's facilities or utility facilities on, over, above, along, upon, under, across, or within the public way presents a direct or imminent threat to the public health, safety, or welfare. Section 11 Title 8 Chapter 1 of the Village Code is amended by adding the following as Section 8 -1 -18 8 -1 -18 FRANCHISES, LICENSES, OR SIMILAR AGREEMENTS: The Village, in its discretion and as limited by law, may require Utility Providers 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 Public Way Utility Providers 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 Title Section 12 Title 8 Chapter 1 of the Village Code is amended by adding the following as Section E:'iQiF'7 8 -1 -19 EFFECT OF FRANCHISES, LICENSES, OR SIMILAR AGREEMENTS: In the event of any conflict with, or inconsistency between, the provisions of this Title and the provisions of any franchise, license or similar agreement between the Village and any Utility Provider, the provisions of such Ordinance 2007- PW -CR -G -846 Amending Title 8, Construction Standards Page 5 of 5 franchise, license or similar agreement shall govern and control during the term of such agreement and any lawful renewal or extension thereof Section 13 Title 8 Chapter 1 of the Village Code is amended by adding the following as Section 8 -1 -20. 8 -1 -20 CONFLICTS WITH STATE AND FEDERAL LAWS: In the event that applicable federal or State laws or regulations conflict with the requirements of this Title, the Utility Provider shall comply with the requirements of this Title to the maximum extent possible without violating federal or State laws or regulations Section 14 The Public Works Construction Standards dated as of April 25, 2006 and previously adopted by virtue of Ordinance 2006-PW-CR-EX1 -S-1 157 are hereby approved and adopted and are restated and incorporated herein by reference as though fully set forth' herein Section 15 If any section, paragraph, clause or provision of this ordinance shall be held invalid, the invalidity thereof shall not effect any of the other provisions of this ordinance Section 16 All ordinances in conflict herewith are hereby repealed to the extent of such conflict Section 17 This ordinance shall be in full force and effect from and after its passage, approval and publication as provided by law Ayes. Nays Absent APPROVED THIS 13th day of November, 2007 John W Craig Village President PASSED THIS 13th day of November, 2007 ATTEST Charlotte K Pruss Village Clerk VILLAGE OF OAK BROOK Interoffice Memorandum DATE: November 9, 2007 TO: Dave Niemeyer, Village Manager FROM: Dale L. Durfey, Jr., P.E., Village Engineer SUBJECT: AT &T Project Lightspeed Title 8 Revisions Village Attorney Sterk has drafted an ordinance amending Title 8 concerning Standards for the Construction of Facilities in the Public Right -of -way. The revisions incorporate several recommendations from the Illinois Municipal League (IML) regarding their most recent suggested Model Construction Ordinance. Since our existing Public Works Regulations (Title 8 of the Village Code) already contain many of the provisions of the IML Model, only a few items of the latest model need to be added, summarized as follows: 1. Several definitions were added to specifically address utility providers and utility facilities. 2. Section 8 -1 -3 is restated to clarify that the Public Works Construction Standards shall contain construction regulations and standards. Although the IML Model included construction items within the ordinance, the Village previously decided to not include construction items within the ordinance, but place them within a separate booklet, the Public Works Construction Standards. 3. Language was added concerning Village review of permit applications and an applicant's duty to update information within an application. 4. Section 8 -1 -7 was expanded to include provisions of the Model Ordinance regarding removal, relocation or modification of facilities. 5. Section 8 -1 -8 was also expanded to include suggested IML language. att project lightspeed Title 8 doc I 6. Section 8 -1 -14B was added to state alternatives a permittee has upon receipt of a notice of violation. 7. Within Section 8 -1 -15, a sixth condition was added concerning revocation of a permit. 8. Sections 8 -1 -18, 8 -1 -19, and 8 -1 -20 are new provisions suggested by the IML Model concerning franchises, licenses, or similar agreements and conflicts with State and Federal laws. att project lightspeed Title 8 doc 2 " c P o a /2 r kY '9 9 X b�s fifk� � .SS rs ,..r Fx <3r � :e •�a. s . s ���'. :. F '1 kfr3.i,',; !41KA, i 33 Y s� :Svc : 1! kY '9 9 X b�s fifk� � .SS rs ,..r Fx <3r � :e •�a. s . s i 33 Y s� :Svc : 1! AT &T Project Lightspeed Locations 11/9/07 1 Regent Drive 2. 48 Forest Trail 3. 100 Trinity Lane 4. 1 Concord Lane 5. 900 St. Stephens Green 6. 2605 35th Street 7. 22 Baybrook Lane 8. 1501 Midwest Club AT &T Lightspeed locations 11 -9 -07 doc