G-1117 - 11/14/2017 - PUBLIC WORKS - Ordinances ORDINANCE 2017-ROW-UTLY-G-1117
AN ORDINANCE AMENDING TITLE 8 OF THE VILLAGE CODE
IN RELATION TO CONSTRUCTION OF UTILITY FACILITIES IN THE RIGHTS-OF-WAY
WHEREAS, the Village Board of Trustees ("Board") has determined that it is in the best of the
public health, safety and welfare to adopt generally applicable regulations governing the use and
occupancy of the public right-of-way for utility purposes; and
WHEREAS, the Village is authorized under the Illinois Municipal Code, 65 ILCS 5/1-1-1 et seq.,
and Illinois law to adopt ordinances pertaining to the public health, safety and welfare; and,
WHEREAS, the Village is further authorized to adopt the amendments contained herein pursuant
to its authority to regulate the public right-of-way under section 11-80-1 et seq., of the Illinois Municipal
Code; and
WHEREAS, the Village uses the public right-of-way within its Village limits to provide essential
public services to its residents and businesses. The public right-of-way within the Village is a limited
public resource held by the Village for the benefit of its citizens and the Village has a custodial duty to
ensure that the public right-of-way is used, repaired, and maintained in a manner that best serves the
public interest; and
WHEREAS, growing demand for personal wireless telecommunications services has resulted in
increasing requests nationwide and locally from the wireless industry to place small cell facilities,
distributed antenna systems, and other personal wireless telecommunication facilities on utility and street
light poles and other structures in the public right-of-way. While State and federal law limit the authority of
local governments to enact laws that unreasonably discriminate among providers of functionally
equivalent services, prohibit, or have the effect of prohibiting the provision of telecommunications services
by wireless service providers, the Village is authorized, under existing State and federal law, to enact
appropriate regulations and restrictions relative to small cell facilities, distributed antenna systems, and
other personal wireless telecommunication facility installations in the public right-of-way; and
WHEREAS, in anticipation of continued increased demand for placement of small cell facilities,
distributed antenna systems, and other personal wireless telecommunication facility installations within
the public right-of-way, the Village Board finds that it is in the best interests of the public health, safety
and general welfare of the Village to adopt the ordinance below in order to establish generally applicable
standards for construction, installation, use, maintenance and repair of such facilities, systems and
installations within the public right-of-way in the Village so as to, among other things: (i) prevent
interference with the facilities and operations of the Village's utilities and of other utilities lawfully located
in public right-of-way, (ii) provide specific regulations and standards for the placement and siting of
personal wireless telecommunication facilities within public right-of-way in the Village, (iii) preserve the
character of the neighborhoods in which facilities are installed, (iv) minimize any adverse visual impact of
personal wireless telecommunication facilities and prevent visual blight in the neighborhoods in which
facilities are installed, (v) facilitate the location of personal wireless telecommunication facilities in
permitted locations within the public right-of-way in the Village, and (vi) assure the continued safe use and
enjoyment of private properties adjacent to personal wireless telecommunication facilities.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF OAK BROOK, DUPAGE AND COOK COUNTIES, ILLINOIS, as follows:
SECTION 1: Recitals. The foregoing recitals are hereby incorporated into, and made a part
of, this Ordinance as the findings of the President and Board of Trustees of the Village of Oak Brook.
SECTION 2: Amendment to Title 8 of the Village Code. Title 8, entitled "Public Works" of the
Village Code shall be amended to add a new Chapter 6, entitled "Construction of Utility Facilities in the
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Rights-Of-Way" in the form described in Exhibit A, attached hereto and incorporated as though fully
restated herein.
SECTION 3: Repealer. All ordinances or parts of ordinances in conflict with this ordinance are
hereby repealed insofar as they are in conflict with this ordinance. Notwithstanding anything to the
contrary, this ordinance shall have no effect on the validity and enforceability of currently applicable
franchise agreements and ordinances during the respective terms thereof.
SECTION 4: Severability. If any provision of this ordinance or its application to any person or
under any circumstances is adjudged invalid, such adjudication shall not affect the validity of the
ordinance as a whole or of any portion not adjudicated invalid.
SECTION 5: Effective date. This ordinance shall be in full force and effect from and after its
passage, approval and publication as required by law.
APPROVED THIS 14th day of November, 2017
Gopal G. Lalmalani
Village President
PASSED THIS 14th day of November, 2017
Ayes: Trustees Baar, Cuevas, Manzo, Saiyed, Tiesenga, Yusuf
Nays: None
Absent: None
ATTEST:
� 1 Charlotte K. Pruss
�tPl Village Clerk
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EXHIBIT A
TITLE 8, CHAPTER 6.
CONSTRUCTION OF UTILITY FACILITIES IN THE RIGHTS-OF-WAY
SEE ATTACHED]
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TITLE 8, CHAPTER 6.
CONSTRUCTION OF UTILITY FACILITIES IN THE RIGHTS-OF-WAY
8-6-1 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 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 Chapter, 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 neighborhoods in which facilities are installed;
7) preserve open space, particularly the tree-lined parkways that characterize the
Village's residential neighborhoods;
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 Chapter. This Chapter applies to all facilities on, over, above,
along, upon, under, across, or within the rights-of-way within the jurisdiction of the Village. A facility
lawfully established prior to the effective date of this Chapter may continue to be maintained, repaired and
operated by the utility as presently constructed and located, except as may be otherwise provided in any
applicable franchise, license or similar agreement.
d) Franchises, Licenses, or Similar Agreements. The 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 Chapter.
e) Effect of Franchises, Licenses, or Similar Agreements.
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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 Chapter 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 Chapters. This Chapter supersedes all Chapters or parts of Chapters
adopted prior hereto that are in conflict herewith, to the extent of such conflict.
g) Conflicts with State and Federal Laws. In the event that applicable federal or State laws
or regulations conflict with the requirements of this Chapter, the utility shall comply with the requirements
of this Chapter to the maximum extent possible without violating federal or State laws or regulations.
h) Sound Engineering Judgment. The Village shall use sound engineering judgment when
administering this Chapter and may exercise the power described in Section 8-6-21 to vary the standards,
conditions, and requirements expressed in this Chapter 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.
8-6-2 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 III. Adm. Code§ 530.30, unless the context clearly requires
otherwise.
"AASHTO" -American Association of State Highway and Transportation Officials.
"ANSI" -American National Standards Institute.
"Antenna" - Communications equipment that transmits or receives electromagnetic radio signals used in
the provision of any type of wireless communications services.
"Applicant" -A person applying for a permit under this Chapter.
"ASTM" -American Society for Testing and Materials.
"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.
"Cable operator" -That term as defined in 47 U.S.C. 522(5).
"Cable service" -That term as defined in 47 U.S.C. 522(6).
"Cable system" -That term as defined in 47 U.S.C. 522(7).
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"Carrier Pipe" -The pipe enclosing the liquid, gas or slurry to be transported.
"Casing" - A structural protective enclosure for transmittal devices such as: carrier pipes, electrical
conductors, and fiber optic devices.
"Clear Zone" - The total roadside border area, starting at the edge of the pavement, available for safe use
by errant vehicles. This area may consist of a shoulder, a recoverable slope, a non-recoverable 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.
"Coating" - Protective wrapping or mastic cover applied to buried pipe for protection against external
corrosion.
"Code" -The Municipal Code of the Village of Oak Brook.
"Concealed Facility" — a wireless facility mounted on a structure located within the right-of-way that is
enclosed, camouflaged, screened, obscured or otherwise not readily distinguishable from the structure on
which it is mounted to an observer at ground level.
"Conductor" -Wire carrying electrical current.
"Conduit" -A casing or encasement for wires or cables.
"Construction" or "Construct' - The installation, repair, maintenance, placement, alteration, enlargement,
demolition, modification or abandonment in place of facilities.
"Cover" - The depth of earth or backfill over buried utility pipe or conductor.
"Crossing Facility" -A facility that crosses one or more right-of-way lines of a right-of-way.
"Director of Public Works" -The Village Director of Public Works or his or her designee.
"Disrupt the Right-of-Way" - For the purposes of this Chapter, any work that obstructs the right-of-way or
causes a material adverse effect on the use of the right-of-way for its intended use. Such work may
include, without limitation, the following: excavating or other cutting; placement (whether temporary or
permanent) of materials, equipment, devices, or structures; damage to vegetation; and compaction or
loosening of the soil, and shall not include the parking of vehicles or equipment in a manner that does not
materially obstruct the flow of traffic on a highway.
"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.
"Encasement" - Provision of a protective casing.
"Engineer" -The Village Engineer or his or her designee.
"Equipment" - Materials, tools, implements, supplies, and/or other items used to facilitate construction of
facilities.
"Excavation" -The making of a hole or cavity by removing material, or laying bare by digging.
"Extra Heavy Pipe" - Pipe meeting ASTM standards for this pipe designation.
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"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 Village.
"Freestanding Facility" - A facility that is not a crossing facility or a parallel facility, such as a monopole,
utility pole, antenna, transformer, pump, or meter station.
"Frontage Road" - Roadway, usually parallel, providing access to land adjacent to the highway where it is
precluded by control of access to a highway.
"Hazardous Materials" - 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.
"Highway Code" -The Illinois Highway Code, 605 ILCS 5/1-101 et seq., as amended from time to time.
"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.
"Holder" -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.
"IDOT" - Illinois Department of Transportation.
"ICC" - Illinois Commerce Commission.
"Jacking" - Pushing a pipe horizontally under a roadway by mechanical means with or without boring.
"Jetting" - Pushing a pipe through the earth using water under pressure to create a cavity ahead of the
pipe.
"Joint Use" -The use of pole lines, trenches or other facilities by two or more utilities.
"J.U.L.I.E." -The Joint Utility Locating Information for Excavators utility notification program.
"Major Intersection" -The intersection of two or more major arterial highways.
"Monopole" - A structure composed of a single spire, pole or tower designed and principally used to
support antennas or related equipment and that is not a utility pole.
Municipally-Owned Infrastructure - Infrastructure in the public right-of-way within the boundaries of
the Village, including, but not limited to, streetlights, traffic signals, towers, structures, or buildings owned,
operated or maintained by the Village.
"Occupancy" -The presence of facilities on, over or under right-of-way.
"Parallel Facility" -A facility that is generally parallel or longitudinal to the centerline of a right-of-way.
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"Parkway" - Any portion of the right-of-way not improved by street or sidewalk.
"Pavement Cut" - The removal of an area of pavement for access to facility or for the construction of a
facility.
"Permittee" - That entity to which a permit has been issued pursuant to Sections 8-1.4 and 8-6-5 of this
Chapter.
"Practicable" -That which is performable, feasible or possible, rather than that which is simply convenient.
"Pressure" - The internal force acting radially against the walls of a carrier pipe expressed in pounds per
square inch gauge (psig).
"Petroleum Products Pipelines" - Pipelines carrying crude or refined liquid petroleum products including,
but not limited to, gasoline, distillates, propane, butane, or coal-slurry.
"Prompt" - 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.
"Public Entity" - A legal entity that constitutes or is part of the government, whether at local, state or
federal level.
"Restoration" -The repair of a right-of-way, highway, roadway, or other area disrupted by the construction
of a facility.
"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
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.
"Roadway" -That part of the highway that includes the pavement and shoulders.
"Sale of Telecommunications at Retail" - 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.
"Security Fund" -That amount of security required pursuant to Section 8-6-10.
"Shoulder" - A width of roadway, adjacent to the pavement, providing lateral support to the pavement
edge and providing an area for emergency vehicular stops and storage of snow removed from the
pavement.
"Sound Engineering Judgment" - A decision(s) consistent with generally accepted engineering principles,
practices and experience.
"Telecommunications" - This term includes, but is not limited to, messages or information transmitted
through use of IOcaI, 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
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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. Sections 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 C.F.R. §76.1500 and following), as now or hereafter amended.
"Telecommunications Provider" - Means 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.
"Telecommunications Retailer" - Means and includes every person engaged in making sales of
telecommunications at retail as defined herein.
"Trench" -A relatively narrow open excavation for the installation of an underground facility.
"Utility" - The individual or entity owning or operating any facility as defined in this Chapter.
"Utility Pole" - An upright pole designed and used to support electric cables, telephone cables,
telecommunication cables, cable service cables, which are used to provide lighting, traffic control,
signage, or a similar function.
"Vent" - A pipe to allow the dissipation into the atmosphere of gases or vapors from an underground
casing.
"Video Service" - That term as defined in section 21-201 (v) of the Illinois Cable and Video Competition
Law of 2007, 220 ILCS 21-201(v).
"Village" - The Village of Oak Brook.
"Water Lines" - Pipelines carrying raw or potable water.
"Wet Boring" - Boring using water under pressure at the cutting auger to soften the earth and to provide a
sluice for the excavated material.
8-6-3 Annual Registration Required.
Every utility that occupies right-of-way within the Village shall register on January 1 of each year
with the Village Engineer, providing the utility's name, address and regular business telephone and
telecopy numbers, the name of o-ie 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 24-hour telephone
number for each such person, and evidence of insurance as required in Section 8-6-8 of this Chapter, in
the form of a certificate of insurance.
8-6-4 Permit Required; Applications and Fees.
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a) Permit Required. No person shall construct (as defined in this Chapter) 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 Chapter), or (4)
materially increases the amount of area or space occupied by the facility on, over, above, along, under
across or within the right-of-way, without first filing an application with the Village Engineer and obtaining
a permit from the Village therefor, except as otherwise provided in this Chapter. No permit shall be
required for installation and maintenance of service connections to customers' premises where there will
be no disruption of the right-of-way.
b) Permit Application. All applications for permits pursuant to this Chapter shall be filed on a
form provided by the Village 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.
C) Minimum General Application Requirements. The application shall be made by the utility
or its duly authorized representative and shall contain, at a minimum, the following:
1) The utility's name and address and telephone and telecopy numbers;
2) The applicant's name and address, if different than the utility, its telephone,
telecopy numbers, e-mail address, and its interest in the work;
3) The names, addresses and telephone and telecopy numbers and e-mail
addresses of all professional consultants, if any, advising the applicant with
respect to the application;
4) A general description of the proposed work and the purposes and intent of the
facility and the uses to which the facility will be put. The scope and detail of such
description shall be appropriate to the nature and character of the work to be
performed, with special emphasis on those matters likely to be affected or
impacted by the work proposed;
5) Evidence that the utility has placed on file with the Village:
i) 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
ii) 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;
7) Evidence of insurance as required in Section 8-6-8 of this Chapter;
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8) Evidence of posting of the security fund as required in Section 8-6-10 of this
Chapter;
9) Any request for a variance from one or more provisions of this Chapter (See
Section 8-6-21); and
10) 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, have been
satisfied;
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 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.
6) In the case of a utility seeking to erect a new freestanding facility, including a
monopole or utility pole, or attach an antenna to an existing freestanding facility,
for the purpose of providing telecommunications, the utility shall indicate how the
proposed improvement is necessary to close a significant gap in coverage or
capacity in the utility's telecommunications service.
e) Applicant's Duty to Update Information. Throughout the entire permit application review
period and the construction period ,authorized by the permit, any amendments to information contained in
a permit application shall be submitted by the utility in writing to the Village within thirty(30) days after the
change necessitating the amendme+nt.
f) Application Fees. Unless otherwise provided by franchise, license, or similar agreement,
all applications for permits pursuant to this Chapter shall be accompanied by a fee in the amount
established in the Village 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 Act.
8-6- 5 Action on Permit Applications.
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a) Villaqe 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 therefor. If
the Village Engineer is satisfied that the proposed work conforms to the requirements of this Chapter and
applicable ordinances, codes, laws, rules, and regulations, the Village Engineer shall issue a permit
therefor as soon as practicable. In all instances, it shall be the duty of the applicant to demonstrate, to
the satisfaction of the Village Engineer, that the construction proposed under the application shall be in
full compliance with the requirements of this Chapter.
b) Additional Village F:eview 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 Chapter for facilities for the provision of
telecommunications services. Such notice shall consist of plans, specifications,
and other documentation sufficient to demonstrate the purpose and intent of the
facilities, aid shall be provided by the telecommunications retailer to the Village
not less than ten (10) days prior to the commencement of work requiring no
excavation and not less than thirty (30) days prior to the commencement of work
requiring excavation. The Village Engineer shall specify the portion of the right-
of-way upon which the facility may be placed, used and constructed.
2) In the event that the Village Engineer fails to provide such specification of
location to the telecommunications retailer within either (i) ten (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 (ii) twenty-five (25) days
after service of notice by the telecommunications retailer in the case of work
involving excavation for new construction, the telecommunications retailer may
commence work without obtaining a permit under this Chapter.
3) Upon the provision of such specification by the Village, where a permit is
required for work pursuant to Section 8-6-4 of this Chapter 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 forty-five (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.
8-6-6 Effect of Permit.
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 Chapter 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 Chapter shall be valid for a period longer than six
(6) months unless construction is actually begun within that period and is thereafter diligently pursued to
completion.
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C) Pre-construction meeting required. No construction shall begin pursuant to a permit
issued under this Chapter prior to attendance by the permittee and all major contractors and
subcontractors who will perform any work under the permit at a pre-construction meeting. The pre-
construction 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.
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.
8-6-7 Revised Permit Drawings.
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 ninety (90) days after the
completion of the permitted work. The revised drawings or plans shall specifically identify where the
locations of the actual facilities deviate from the locations approved in the permit. If any deviation from
the permit also deviates from the requirements of this Chapter, it shall be treated as a request for
variance in accordance with Section 8-6-21 of this Chapter. 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.
8-6-8 Insurance.
a) Required Coverages and Limits. Unless otherwise provided by franchise, license, or
similar agreement, each utility occupying right-of-way or constructing any facility in the right-of-way shall
secure and maintain insurance in compliance with Title 1, Chapter 8 of the Village Code. In addition to
such insurance, each utility occupying right-of-way or constructing any facility in the right-of-way shall
ensure the commercial general liability insurance includes coverage for explosion, collapse, and
underground hazard (commonly referred to as "X," "C," and "U" coverages). 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 ten (10) days following receipt of a written request therefor from the Village.
d) Maintenance and Renewal of Required Coverages. 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 thirty (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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Within ten (10) days after receipt by the Village of said notice, and in no event later than ten (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.
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.
8-6-9 Indemnification.
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 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 Village, its officials, officers, employees, agents or representatives.
8-6-10 Security.
a) Purpose. The permittee shall establish a Security Fund in a form and in an amount as
set forth in this Section. The Security Fund shall be continuously maintained in accordance with this
Section at the permittee's sole cost and expense until the completion of the work authorized under the
permit. The Security Fund shall serve as security for:
1) The faithful performance by the permittee of all the requirements of this Chapter;
2) Any expenditure, damage, or loss incurred by the 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 Chapter; 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 non-
performance by permittee in violation of this Chapter including, without limitation,
any damage to public property or restoration work the permittee is required by
this Chapter to perform that the 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 Chapter or
any other applicable law.
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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) Shall 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 Village Engineer, 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 Village Engineer may,
in the exercise of sound discretion, allow the permittee to post a single amount of security which shall be
applicable to each phase of the construction under the permit. The amount of the Security Fund for
phased construction shall be equal to the greatest amount that would have been required under the
provisions of this Subsection (c)for any single phase.
d) Withdrawals. The Village, upon fourteen (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 (14) 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 non-
performance by the permittee; or
4) Fails to comply with any provision of this Chapter that the Village determines can
be remedied by an expenditure of an amount in the Security Fund.
e) Replenishment. Within fourteen (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 suc7 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
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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 Chapter or other
applicable law. In the event of any revocation of the permit, the Security Fund, and any and all accrued
interest therein, shall become the property of the 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 Chapter or otherwise authorized
by law, and no action, proceeding or exercise of right with respect to said Security Fund shall affect any
other right the 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.
8-6-11 Permit Suspension and Revocation.
a) Village Right to Revoke Permit. The Village 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) Non-compliance with this Chapter;
3) Permittee's physical presence or presence of permittee's facilities on, over,
above, along, upon, under, across, or within the rights-of-way presents a direct or
imminent threat to the public health, safety, or welfare; or
4) Permittee's failure to construct the facilities substantially in accordance with the
permit and approved plans.
b) Notice of Revocation or Suspension. The Village shall send written notice of its intent to
revoke or suspend a permit issued pursuant to this Chapter stating the reason or reasons for the
revocation or suspension and the alternatives available to permittee under this Section 8-6-11.
C) Permittee Alternatives Upon Receipt of Notice of Revocation or Suspension. Upon
receipt of a written notice of revocation or suspension from the Village, the permittee shall have the
following options:
1) Immediately provide the Village with evidence that no cause exists for the
revocation or suspension;
2) Immediate y 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 revocation; or
3) 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 ten (10)
days after receipt of the written notice of revocation.
The Village may, in its discretion, for good cause shown, extend the time periods provided in this
Subsection.
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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 twenty (20) days notice to the permittee, remove the
subject facilities or equipment; or (3) after not less than thirty(30) days notice to the permittee of failure to
cure the non-compliance, deem them abandoned and property of the Village. The permittee shall be
liable in all events to the Village for all costs of removal.
8-6-12 Change of Ownership or Owner's Identity or Legal Status.
a) Notification of Char1ge. A utility shall notify the Village no less than thirty (30) days prior
to the transfer of ownership of any facility in the right-of-way or change in identity of the utility. The new
owner of the utility or the facility shall have all the obligations and privileges enjoyed by the former owner
under the permit, if any, and applicable laws, ordinances, rules and regulations, including this Chapter,
with respect to the work and facilities in the right-of-way.
b) Amended Permit. A new owner shall request that any current permit be amended to
show current ownership. If the new owner fails to have a new or amended permit issued in its name, the
new owner shall be presumed to have accepted, and agreed to be bound by, the terms and conditions of
the permit if the new owner uses the facility or allows it to remain on the Village's right-of-way.
C) Insurance and Bondinq. All required insurance coverage or bonding must be changed to
reflect the name of the new owner upon transfer.
8-6-13 General Construction Standards.
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 III. 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 Chapter, the Village Engineer shall determine,
in the exercise of sound engineering judgment, which principles apply and such decision shall be final. If
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requested, the Village Engineer shall state which standard or principle will apply to the construction,
maintenance, or operation of a facil ty in the future.
8-6-14 Traffic Control.
a) Minimum Requirements. The Village's minimum requirements for traffic protection are
contained in (DOT'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 forty-eight (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 Section 8-6-20 of this Chapter,
the utility shall provide such notice as is practicable under the circumstances.
e) Compliance. The utility shall take immediate action to correct any deficiencies in traffic
protection requirements that are brought to the utility's attention by the Village.
8-6-15 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 Village Facilities. No utility facilities shall be placed in any
location if the Village Engineer 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.
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 Limitat ons 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
antennas, 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.
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1) Overhead Parallel Facilities. An overhead parallel facility may be located within
the right-of-way lines of a highway only if:
i) 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,-
ii)
ermit;ii) 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;
iii) Where pavement is uncurbed, poles are as remote from pavement edge
as practicable with minimum distance of four feet (1.2 m) outside the
outer shoulder line of the roadway and are not within the clear zone;
iv) No pole is located in the ditch line of a highway; and
V) 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:
i) The facility is located as near the right-of-way line as practicable and not
more than eight(8)feet(2.4 m)from and parallel to the right-of-way line;
ii) 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
iii) 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 (5) feet (1.5 m) from the right-of-way line and any above-
grounded 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 curb lines 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) Cattle Passes, Culverts, or Drainage Facilities. Crossing facilities shall not be
located in cattle passes, culverts, or drainage facilities.
3) 90 DegreE� Crossing Required. Crossing facilities shall cross at or as near to a
ninety(90) degree angle to the centerline as practicable.
4) Overhead Power or Communication Facility. An overhead power or
communication facility may cross a highway only if:
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i) It has a minimum vertical line clearance as required by ICC's rules
entitled, "Construction of Electric Power and Communication Lines" (83
III. ,Adm. Code 305);
ii) 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
iii) 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:
i) The design materials and construction methods will provide maximum
maintenance-free service life; and
ii) Capacity for the utility's foreseeable future expansion needs is provided
in the initial installation.
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 C.F.R. §192.707 (1989)).
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.
e) Freestanding Facilities.
1) The Village may restrict the location and size of any monopole, utility pole or
other freestanding facility located within a right-of-way. No freestanding facility
located within a right-of-way may be constructed or modified so that the height of
the free standing facility is higher by more than ten feet or more than 10%,
whichever is greater, than any other existing, freestanding facility located within
the right-of-way within five hundred (500) feet of the proposed facility, measured
along the center line of the respective right-of-way. Where there are no other
freestanding facilities located within five hundred (500) feet of the proposed
facility, the maximum height of the freestanding facility shall be sixty(60)feet.
2) The Village may require any freestanding facility located within a right-of-way to
be screened from view.
3) If all existirg monopoles, utility poles and other aboveground facilities are located
on one side of the right-of-way, all new monopoles, utility poles and other
freestanding facilities shall be located on the same side of the right-of-way as the
existing aboveground facilities. If there exist above ground facilities on both
sides, new freestanding facilities shall be located on the side where the above
ground facilities most closely match the scale of the new freestanding facility.
f) Facilities Installed Above Ground. Above ground facilities may be installed only if:
1) No other existing facilities in the area are located underground;
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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
municipally-owned infrastructure shall be preferred wherever practicable,
provided a license agreement can be executed; the installation of additional utility
poles or monopoles is strongly discouraged. Concealed Facilities are preferred.
g) Facility Attachments to Bridges or Roadway Structures.
1) Facilities may be installed as attachments to bridges or roadway structures only
where the utility has demonstrated that all other means of accommodating the
facility are not practicable. Other means shall include, but are not limited to,
underground, underwater, independent poles, cable supports and tower
supports, all of which are completely separated from the bridge or roadway
structure. Facilities transmitting commodities that are volatile, flammable,
corrosive, or energized, especially those under significant pressure or potential,
present high degrees of risk and such installations are not permitted.
2) A utility shall include in its request to accommodate a facility installation on a
bridge or roadway structure supporting data demonstrating the impracticability of
alternate routing. Approval or disapproval of an application for facility attachment
to a bridge or roadway structure will be based upon the following considerations:
i) 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;
ii) The type, length, value, and relative importance of the highway structure
in the transportation system;
iii) The alternative routings available to the utility and their comparative
practicability;
iv) The proposed method of attachment;
V) The ability of the structure to bear the increased load of the proposed
facility;
vi) The degree of interference with bridge maintenance and painting;
vii) The effect on the visual quality of the structure; and
viii) The public benefit expected from the utility service as compared to the
risk involved.
h) Appearance Standards.
1) The Village may prohibit the installation of facilities in particular locations in order
to preserve visual quality.
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2) A facility may be constructed only if its construction does not require extensive
removal or alteration of trees or terrain features visible to the right-of-way user or
to adjacent residents and property owners, and if it does not impair the aesthetic
quality of the lands being traversed.
3) Any aboveground facility located adjacent to a residential use which is not a
Concealed Facility shall require the approval of the Village Manager, who may
condition approval on the reasonable relocation of the proposed facility and
adherence to restrictions designed to limit the visual impacts on neighboring
residential uses. Relocation shall be deemed reasonable if it does not have a
material effect on the capability of the facility, or the network of which it is a part,
to perform its essential function.
4) Any aboveground facility located in a historic or architecturally significant district
must be a Concealed Facility.
i) Facility Attachments to Existinq Utility Poles and Municipally-owned infrastructure
1) Any facility attached to existing utility poles and municipally-owned infrastructure
shall not result in a substantial change to the physical dimensions of the utility
pole or municipally-owned infrastructure, provided the Village may require a
smaller facility for the purpose of complying with any other more restrictive
regulation in this Chapter.
2) A facility shall be deemed to substantially change the physical dimensions of the
utility pole or municipally-owned infrastructure if it meets any of the following
criteria:
a. It increases the height of the structure by more than 10% or more than
ten feet, whichever is greater. Changes in height should be measured
from the existing dimensions of the utility pole or municipally-owned
infrastructure before the first facility is attached.
b. It involves adding an appurtenance to the body of the utility pole or
municipally-owned infrastructure that would protrude from the edge of
such structure by more than six feet.
C. It involves installation of any new equipment cabinets on the ground if
there are no pre-existing ground cabinets associated with the structure.
d. It would defeat any concealment elements of the utility pole or
municipally-owned infrastructure.
e. It would defeat any concealment elements of a Concealed Facility.
3) Telecommunications Attachments. A telecommunications facility which does not
result in a substantial change to the physical dimensions of the utility pole or
municipally-owned infrastructure shall be permitted only if meets all of the
following criteria:
a. All antennas capable of serving two or fewer telecommunications
providers that are part of the deployment shall fit within enclosures (or if
the antennas are exposed, within imaginary enclosures) that are
individually no more than three cubic feet in volume. Any neutral host
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antennas capable of serving more than two telecommunications
providers shall fit within enclosures (or if the antennas are exposed,
within imaginary enclosures) that are individually no more than seven
cubic feet in volume. All antennas on the structure, including any pre-
existing antennas on the structure, shall fit within enclosures (or if the
antennas are exposed, within imaginary enclosures) that total no more
than seven cubic feet in volume.
b. All other equipment associated with the telecommunication facility and
attached to the utility pole or municipally-owned infrastructure shall be
the smallest practicable volume for the operation of such facility and be
located as high above the established grade as practicable and which
complies with all other applicable separation requirements. Where no
other restrictions apply, the equipment shall be located at least eight (8)
feet above existing grade.
C. The telecommunication facility, including all related equipment and
appurtenances, must be a color that blends with the surroundings of the
utility pole or municipally-owned infrastructure on which it is mounted and
use non-reflective materials which blend with the materials and colors of
the surrounding area and structures. Any wiring must be concealed
within the freestanding facility or covered with an appropriate cover.
d. Facilities under common ownership or operated on the same radio
frequency shall be separated a far as practicable.
e. The applicant files a structural analysis, stamped by a professional
engineer, which demonstrates the utility pole or municipally-owned
infrastructure is safely capable of supporting the telecommunications
facility in all reasonably foreseeable weather conditions without creating
a risk to public health and safety. The structural analysis will also
describe the method by which the telecommunications facility is
designed to fail and demonstrate that any structural failure to the
telecommunications facility shall not cause harm to any residential
structure.
f. All permits, licenses and approvals required by the owner of the utility
pole or municipally-owned infrastructure have been granted prior to
applying for a Village permit.
8-6-16 Construction Methods and Materials.
a) Standards and Requirements for Particular Types of Construction Methods.
1) Boring or Jacking.
i) Pits and Shoring. Boring or jacking under rights-of-way shall be
accomplished from pits located at a minimum distance specified by the
Village Engineer from the edge of the pavement. Pits for boring or
jacking shall be excavated no more than 48 hours in advance of boring
or jacking operations and backfilled within 48 hours after boring or
jacking operations are completed. While pits are open, they shall be
clearly marked and protected by barricades. Shoring shall be designed,
erected, supported, braced, and maintained so that it will safely support
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Construction of Utility Facilities in the Rights-Of-Way
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all vertical and lateral loads that may be imposed upon it during the
boring or jacking operation.
ii) Wet Boring or Jetting. Wet boring or jetting shall not be permitted under
the roadway.
iii) Borings with Diameters Greater Than 6 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).
iv) Borings with Diameters 6 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.
V) 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.
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."
i) Length. The length of open trench shall be kept to the practicable
minimum consistent with requirements for pipe-line testing. Only one-
half of any intersection may have an open trench at any time unless
special permission is obtained from the Village Engineer.
ii) 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.
iii) Dr p Line of Trees. The utility shall not trench within the drip line of any
tree designated by the Village to be preserved.
3) Backfilling.
i) 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.
ii) 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 Village Engineer, the utility, at its expense, shall remove
any pavement and backfill material to the top of the installed facility,
place and properly compact new backfill material, and restore new
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pavement, sidewalk, curbs, and driveways to the proper grades, as
determined by the Village Engineer.
4) Pavement Cuts. Pavement cuts for facility installation or repair shall be permitted
on a highway only if that portion of the highway is closed to traffic. If a variance
to the limitation set forth in this paragraph 4) is permitted under Section 8-6-21,
the following requirements shall apply:
i) 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 Village Engineer.
ii) RE)storation of pavement, in kind, shall be accomplished as soon as
practicable, and temporary repair with bituminous mixture shall be
provided immediately. Any subsequent failure of either the temporary
repair or the restoration shall be rebuilt upon notification by the Village.
iii) All saw cuts shall be full depth.
iv) For all rights-of-way which have been reconstructed with a concrete
surface/base in the last seven (7) years, or resurfaced in the last three
(3) years, permits shall not be issued unless such work is determined to
be an emergency repair or other work considered necessary and
unforeseen before the time of the reconstruction or unless a pavement
cut is necessary for a J.U.L.I.E. locate.
5) Encasement.
i) 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.
ii) 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.
iii) 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.
iv) In the case of gas pipelines of 60 psig or less, encasement may be
eliminated.
V) In the case of gas pipelines or petroleum products pipelines with
installations of more than 60 psig, encasement may be eliminated only if:
(1) extra heavy pipe is used that precludes future maintenance or repair
and (2)cathodic protection of the pipe is provided;
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vi) If encasement is eliminated for a gas or petroleum products pipeline, the
facility shall be located so as to provide that construction does not disrupt
the right-of-way.
6) Minimum Cover of Underground Facilities. Cover shall be provided and
maintained at least in the amount specified in the following table for minimum
cover for the type of facility:
TYPE OF FACILITY MINIMUM COVER
Electric Lines 30 Inches (0.8 m)
Communication, Cable or Video Service Lines 18 to 24 Inches (0.6 m, as determined by
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 I Sufficient Cover to Provide Freeze Protection
b) Standards and Requirements for Particular Types of Facilities.
1) Electric Power or Communication Lines.
i) 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 III. 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.
ii) 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.
iii) 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: (a) the crossing is installed by the use of"moles," "whip augers,"
or other approved method which compress the earth to make the
opening for cable installation or (b) the installation is by the open trench
method which is only permitted prior to roadway construction. (3) Cable
shall be grounded in accordance with the National Electrical Safety
Code.
iv) 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 ten (10) business days after placement.
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2) Underground Facilities Other than Electric Power or Communication Lines.
Underground facilities other than electric power or communication lines may be
installed by:
i) the use of "moles," "whip augers," or other approved methods which
compress the earth to move the opening for the pipe;
ii) jacking or boring with vented encasement provided between the ditch
lines or toes of slopes of the highway;
iii) open trench with vented encasement between ultimate ditch lines or toes
of slopes, but only if prior to roadway construction; or
iv) 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 ANSI Standard Code for Pressure
Piping. (Liquid Petroleum Transportation Piping Systems ANSI-B 31.4).
5) Waterlines, Sanitary Sewer Lines, Storm Water 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 Village Engineer. With the approval of the Village Engineer,
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.
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 Village Engineer. When such
storage is permitted, all pipe, conduit, wire, poles, cross arms, or other materials
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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 right-of-way, prior approval must be obtained from the Village.
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 riay, 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 Village Engineer when emergency work
is required to restore vital utility services.
3) Unless otherwise permitted by the Village, the hours of construction are those set
forth in Chapter of this Code.
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.I=., a utility shall locate and physically
mark its underground facilities within 48 hours, excluding weekends and holidays, in accordance with the
Illinois Underground Facilities Damage Prevention Act(220 ILCS 50/1 et seq.)
8-6-17 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
Village 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 Village will require
compensation for trees extensively damaged and for trees removed without
authorization. The formula developed by the International Society of Arboriculture
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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.
C) 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.
d) Chemical Use.
1) Except as provided in the following paragraph, no utility shall spray, inject or pour
any chemicals on or near any trees, shrubs or vegetation in the Village 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 Village Engineer that
such spraying is the only practicable method of vegetation control.
8-6-18 Removal, Relocation, or Modifications of Utility Facilities.
a) Notice. Within ninety (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 thirty (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 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 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 ninety (90) days. Following receipt of such notice the
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Village may direct the utility to remove all or any portion of the 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 that abandoned the facility to remove it, by giving notice of abandonment
to the Village, the abandoning utiliry shall be deemed to consent to the alteration or removal of all or any
portion of the facility by another utility or person.
8-6-19 Clean-up and Restoration.
The utility shall remove all excess material and restore all turf and terrain and other property
within ten (10) days after any portion of the rights-of-way are disturbed, damaged or destroyed due to
construction or maintenance by the utility, all to the satisfaction of the Village. This includes restoration of
entrances and side roads. Restoration of roadway surfaces shall be made using materials and methods
approved by the Village Engineer. Such cleanup and repair may be required to consist of backfilling,
regrading, reseeding, resodding, or any other requirement to restore the right-of-way to a condition
substantially equivalent to that which existed prior to the commencement of the project. The time period
provided in this Section may be extended by the Village Engineer for good cause shown.
8-6-20 Maintenance and Emergency Maintenance.
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 non-compliance 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 rot 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 Village Engineer
or his or her duly authorized agent of the emergency, informing him or her as to
what steps have been taken for protection of the traveling public and what will be
required to make the necessary repairs. If the nature of the emergency is such
as to interfere with the free movement of traffic, the Village 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 Village a description of the
repairs undertaken in the right-of-way within 48 hours after an emercency repair.
8-6-21 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 Village Engineer as a part of the permit application. The
request shall identify each provision of this Chapter from which a variance is requested and the reasons
why a variance should be granted.
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b) Authority to Grant Variances. The Village Engineer shall decide whether a variance is
authorized for each provision of this Chapter identified in the variance request on an individual basis.
C) Conditions for Granting of Variance. The Village Engineer may authorize a variance only
if the utility requesting the variance has demonstrated that:
1) One or more conditions not under the control of the utility (such as terrain
features or an irregular right-of-way line) create a special hardship that would
make enforcement of the provision unreasonable, given the public purposes to
be achieved by the provision; and
2) All other designs, methods, materials, locations or facilities that would conform
with the provision from which a variance is requested are impracticable in relation
to the requested approach.
d) Additional Conditions for Granting of a Variance. As a condition for authorizing a
variance, the Village Engineer may require the utility requesting the variance to meet reasonable
standards and conditions that may or may not be expressly contained within this Chapter but which carry
out the purposes of this Chapter.
e) Right to Appeal. Any utility aggrieved by any order, requirement, decision or
determination, including denial of a variance, made by the Village Engineer under the provisions of this
Chapter shall have the right to appeal to the Village Board, or such other board or commission as it may
designate. The application for appeal shall be submitted in writing to the Village Clerk within 30 days
after the date of such order, requirement, decision or determination. The Village Board shall commence
its consideration of the appeal at the Board's next regularly scheduled meeting occurring at least seven
(7)days after the filing of the appeal. The Village Board shall timely decide the appeal.
8-6-22 Penalties.
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.
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 Chapter. 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.
8-6-23 Enforcement.
Nothing in this Chapter shall be construed as limiting any additional or further remedies that the
Village may have for enforcement of this Chapter.
8-6-24 Severability.
If any section, subsection, sentence, clause, phrase or portion of this Chapter is for any reason
held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct, and independent provision and such holding shall not affect the validity of the
remaining portions hereof.