HomeMy WebLinkAboutORDINANCES-2007-092-O-07• Effective date: October 233, 2007
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AN ORDINANCE
Amending the Evanston City Code
by Enacting a New Title 7, Chapter 17,
"Standards for the Construction of Facilities
on the Public Right -of -Way"
10/2/2007
WHEREAS, the City of Evanston is a home rule unit of government
under Article VII of the 1970 Illinois Constitution; and
WHEREAS, the City, as a home rule unit of government, has the
• authority to adopt ordinances and to promulgate rules and regulations governing
the use of public right-of-way and that protect the public health, safety, and
0
welfare of its citizens; and
WHEREAS, the City uses the public right-of-way within its
corporate limits to provide essential public services to its residents and
businesses, including traffic control signals, water, sanitary sewer and storm
sewer; and
WHEREAS, other utility service providers, including electricity,
telephone, natural gas and cable television and video service providers have
placed, or from time to time may request to place, certain utility facilities in the
public right-of-way within the City; and
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WHEREAS, legislatures and regulatory agencies at the State and •
federal .levels have implemented changes in the regulatory framework to
enhance competition in the providing of various utility services; and
WHEREAS,.the combination of legislative and regulatory changes
and the development of new technologies has led additional service providers to
seek opportunities to provide services in the City; and
WHEREAS, these regulatory and technological changes have
resulted in demands for access to and use of the public right-of-way in the City
as service providers, particularly in the video and communications services,
attempt to provide new or additional services to compete with incumbent service
providers; and
WHEREAS, unlike prior deregulations of utility services in which .
incumbent service providers have been required to make their transmission
and/or distribution systems available to competitors, video and communications
services seeking to compete with incumbent service providers are seeking to
install their own facilities for delivering competing video and communications
services; thereby increasing the number of service providers seeking access to
and use of the public right-of-way in the City; and
WHEREAS, the public right-of-way within the City are a limited
public resource held in trust by the City for the benefit of its citizens and the City
has a custodial duty to ensure that the public right-of-way are used, repaired and
maintained in a manner that best serves the public interest; and •
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WHEREAS, the City Council finds and determines that it is
necessary to and in the best interests of the public health, safety and general
welfare to establish uniform standards and regulations for access to and use of
the public right-of-way in the City by utility service providers and other persons
and entities that desire to place structures, facilities or equipment in the public
right-of-way, so as to (i) prevent interference with the use of streets, sidewalks,
alleys and other public ways and places by the City and the general public, (ii)
protect against visual and physical obstructions to vehicular and pedestrian
traffic, (iii) prevent interference with the facilities and operations of the City's
utilities and of other utilities lawfully located in public right-of-way or property, (iv)
protect against environmental damage, including damage to trees, from the
• installation of utility facilities, (v) preserve the character of the neighborhoods in
which facilities are installed, (vi) prevent visual blight, and (vii) assure the
continued safe use and enjoyment of private properties adjacent to utility
facilities locations; and
WHEREAS, this Ordinance is enacted in the exercise of the City's
home rule powers, the City Council having determined that the regulation of the
use of the public right-of-way in the City is a matter pertaining to the affairs of the
City as provided in Article VI I, Section 6 of the 1970 Illinois Constitution; and
WHEREAS, in addition to the City's power as a home rule
municipality, this Ordinance is adopted pursuant to: (i) the provisions of the
Illinois Municipal Code, including, without limitation, Sections 11-20-5, 11-20-10,
• 11-42-11, 11-42-11.2, 11-80-1, 11-80-3, 11-80-6, 11-80-7, 11-80-8, 11-80-10,
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and 11-80-13; (ii) Section 4 of the Telephone Company Act, 220 ILCS 65/4, as •
amended; (iii) the Illinois Highway Code, including, without limitation, Articles 7
and 9 thereof, 605 ILCS 5/1-101 5/1-101 et seq. , as amended; (iv) the Simplified
Municipal Telecommunications Tax Act, 35 ILCS 636/1 et seq., as amended;
and (v) the Cable and Video Competition Law of 2007, 220 ILCS 5/21-100 et
seq.; and
WHEREAS, this Ordinance establishes generally applicable
standards for construction on, over, above, along, upon, under, across, or within
the public right-of-way, and for the use and repair of the public right-of-way; and
WHEREAS, in the enactment of this ordinance, the City has
considered a variety of standards for construction on, over, above, along, under,
across, or within, use of and repair of the public right-of-way, including, but not •
limited to, the standards relating to Accommodation of Utilities on Right -of -Way
of the Illinois State Highway System promulgated by the Illinois Department of
Transportation and found at 92 III. Adm. Code § 530.10 et seq., as amended; and
WHEREAS, the City hereby finds that it is in the best interest of the
City, the public and the utilities using the public right-of-way to establish a
comprehensive set of construction standards and requirements to achieve
various beneficial goals, including, without limitation, enhancing the planning of
new utility facilities; minimizing interference with, and damage to, right-of-way
and the streets, sidewalks, and other structures and improvements located in,
on, over and above the right-of-way; and reducing costs and expenses to the
public,
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• NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL
OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: That Title 7 of the Evanston City Code of 1979, as
amended, is hereby further amended by adding Chapter 17, "Standards for the
Construction of Facilities on the Public Right -of -Way," to read as follows:
7-17-1: TITLE:
This Chapter shall be titled "Standards for the Construction of Facilities on
the Right -of -Way" and commonly referred to as the "Right -of -Way Ordinance".
7.17-2: PURPOSE AND SCOPE:
(A) Purpose. The purpose of this Chapter is to establish policies and
procedures for constructing facilities on right-of-way within the City's
jurisdiction, which will provide public benefit consistent with the
preservation of the integrity, safe usage, and visual qualities of the City
right-of-way and the City as a whole.
• (B) Intent. In enacting this Chapter, the City intends to exercise its authority
over the rights -of -way in the City and, in particular, the use of the public
ways and property by utilities, by establishing uniform standards that
negate or minimize issues presented by utility facilities, including without
limitation:
1) interference with the use of streets, sidewalks, alleys,
parkways and other public ways and places;
2) the creation of visual and physical obstructions and other
conditions that are hazardous to vehicular and pedestrian
traffic;
3) interference with the facilities and operations of the City's
utilities and of other utilities lawfully located in rights -of -way
or public property;
4) environmental damage, including damage to trees, from the
installation of utility facilities;
• 5) increased stormwater run-off due to structures and materials
that increase impermeable surfaces;
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6) disruption of the character of the neighborhoods in which •
facilities are installed;
7) loss of open space, particularly the tree -lined parkways that
characterize the City's residential neighborhoods;
8) visual blight from the proliferation of facilities in the rights -of -
way; and
9) interference with 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 right-of-way within
the jurisdiction of the City. A facility lawfully established prior to the
effective date of this Chapter may continue to be maintained, repaired and
operated by the utility as presently constructed and located, except as
may be otherwise provided in any applicable franchise, license or similar
agreement.
(D) Franchises, Licenses, or Similar Agreements. The City, in its discretion
and as limited by law, may require utilities to enter into a franchise, license
or similar agreement for the privilege of locating their facilities on, over, •
above, along, upon, under, across, or within the City right-of-way. Utilities
that are not required by law to enter into such an agreement may request
that the City enter into such an agreement. In such an agreement, the City
may provide for terms and conditions inconsistent with this Chapter.
(E) Effect of Franchises, Licenses, or Similar Agreements.
1) Utilities Other Than Telecommunications Providers. In the event
that a utility other than a telecommunications provider has a
franchise, license or similar agreement with the City, such
franchise, license or similar agreement shall govern and control
during the term of such agreement and any lawful renewal or
extension thereof.
2) Telecommunications Providers. In the event of any conflict with, or
inconsistency between, the provisions of this Chapter and the
provisions of any franchise, license or similar agreement between
the City and any telecommunications provider, the provisions of
such franchise, license or similar agreement shall govern and
control during the term of such agreement and any lawful renewal •
or extension thereof.
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• (F) Conflicts with Other Chapters. This Chapter supersedes all City
ordinances adopted prior hereto that are in conflict herewith, to the extent
of such conflict.
(G) Conflicts with State and Federal Laws. In the event that applicable federal
or State laws or regulations conflict with the requirements of this Chapter,
the utility shall comply with the requirements of this Chapter to the
maximum extent possible without violating federal or State laws or
regulations.
(H) Sound Engineering Judgment. The City shall use sound engineering
judgment when administering this Chapter and may vary the standards,
conditions, and requirements expressed in this Chapter when the City so
determines. Nothing herein shall be construed to limit the ability of the City
to regulate its right-of-way for the protection of the public health, safety
and welfare.
7-17-3: 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.
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), as amended.
CABLE SERVICE: That term as defined in 47 U.S.C. 522(6), as amended.
CABLE SYSTEM: That term as defined in 47 U.S.C. 522(7), as amended.
• CARRIER PIPE: The pipe enclosing the liquid, gas or slurry to be transported.
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CASING: A structural protective enclosure for transmittal devices such as: carrier ispipes, electrical conductors, and fiber optic devices.
CITY: The City of Evanston.
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 Evanston City Code, as amended.
CONDUCTOR: Wire carrying electrical current.
CONDUIT: A casing or encasement for wires or cables.
CONSTRUCTION: 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 (1) or more right-of-way lines
of a right-of-way.
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.
EQUIPMENT: Materials, tools, implements, supplies, and/or other items used to •
facilitate construction of facilities.
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• 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.
FACILITY: All structures, devices, objects, and materials, including, but not
limited to, track and rails, wires, ducts, fiber optic cable, poles, conduits, grates,
covers, pipes, cables, antennae, vaults, boxes, equipment, enclosures, power
pedestals, and appurtenances thereto, located on, over, above, along, upon,
under, across, or within right-of-way under this Chapter. For purposes of this
Chapter, "facility" shall not include any facility used or owned by the City.
FREESTANDING FACILITY: A facility that is not a crossing facility or a parallel
facility, such as an 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 City
Manager or his/her designee 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.
HIGHWAY: A specific type of right-of-way used for vehicular traffic including
alleys, 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, as amended. --
IDOT: Illinois Department of Transportation.
ILCC: Illinois Commerce Commission.
is
JACKING: Pushing a pipe horizontally under a roadway by mechanical means
with or without boring.
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JETTING: Pushing a pipe through the earth using water under pressure to create •
a cavity ahead of the pipe.
JOINT USE: Use of pole lines, trenches or other facilities by two or more utilities.
JULIE: The Joint Utility Locating Information for Excavators utility notification
program.
MAJOR INTERSECTION: An intersection of a highway with a major arterial
highway.
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.
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
5 and 6 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 City. 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, parkway, or
other area disrupted by work on a facility, including, but not limited to,
construction, installation, maintenance, or removal thereof.
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• RIGHT-OF-WAY or RIGHTS -OF -WAY: Any street, alley, other land or waterway,
dedicated or commonly used for pedestrian, vehicular traffic, or other similar
purposes, including utility easements in which the City has the right and authority
to authorize, regulate or permit the location of facilities other than those of the
City. "Right-of-way" or "Rights -of -way" shall not include any real or personal City
property that is not specifically described in the previous two sentences and shall
not include City buildings, fixtures, and other structures or improvements,
regardless of whether they are situated in the right-of-way.
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 (1) 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 11 of
this Chapter.
• 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 local, toll, and wide area telephone
service, channel services, telegraph services, teletypewriter service, computer
exchange service, private line services, mobile radio services, cellular mobile
telecommunications services, stationary two-way radio, paging service and any
other form of mobile or portable one-way or two-way communications, and any
other transmission of messages or information by electronic or similar means,
between or among points by wire, cable, fiber optics, laser, microwave, radio,
satellite, or similar facilities. "Private line" means a dedicated non -traffic
sensitive service for a single customer that entitles the customer to exclusive or
priority use of a communications channel, or a group of such channels, from one
or more specified locations to one or more other specified locations.
"Telecommunications" shall not include value added services in which computer
processing applications are used to act on the form, content, code; and protocol
• of the information for purposes other than transmission. "Telecommunications"
shall not include purchase of telecommunications by a telecommunications
service provider for use as a component part of the service provided by such
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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 et seq.), as now or hereafter amended, or
cable or other programming services subject to an open video system fee
payable to the City through an open video system as defined in the Rules of the
Federal Communications Commission (47 C.F.R. §76.1500 et seq.), 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.
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), as amended.
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.
7-17-4: ANNUAL REGISTRATION REQUIRED:
Every utility that occupies right-of-way within the City shall register on January 1
of each year with the City Manager or his/her designee providing the utility's
name, address and regular business telephone and facsimile numbers, the
name of one (1) or more contact persons who can act on behalf of the utility in
connection with emergencies involving the utility's facilities in the right-of-way
and a twenty-four (24)-hour telephone number for each such person, and
evidence of insurance as required in Section 9 of this Chapter, in the form of a
certificate of insurance.
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• 7-17-5: PERMIT REQUIRED; APPLICATIONS AND FEES:
(A) Permit Required. No person shall construct any facility on, over, above,
along, upon, under, across, or within any The City right-of-way that:
changes the location of the facility; adds a new facility; disrupts the right-
of-way, as defined in this Chapter; or materially increases the amount of
area or space occupied by the facility on, over, above, along, under
across or within the right-of-way, without first filing an application with the
City Manager or his/her designee and obtaining a permit from the City
therefor, except as otherwise provided in this Chapter. No permit shall be
required for installation and maintenance of service connections to
customers' premises where there will be no disruption of the right-of-way.
(B) Permit Application. All applications for permits pursuant to this Chapter
shall be filed on a form provided by the City and shall be filed in such
number of duplicate copies as the City may designate. The applicant may
designate those portions of its application materials that it reasonably
believes contain proprietary or confidential information as "proprietary" or
"confidential" by clearly marking each page of such materials accordingly.
(C) Minimum General Application Requirements. The application shall be
made by the utility or its duly authorized representative and shall contain,
• at a minimum, the following:
(1) The utility's name, address, and telephone and facsimile numbers;
(2) The applicant's name, address, telephone, facsimile numbers, e-
mail address, and interest in the work;
(3) The names, addresses and telephone and facsimile 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 facility's uses. The scope and detail of
such description shall be appropriate to the nature and character of
the work to be performed, with special emphasis on those matters
likely to be affected or impacted by the work proposed;
(5) Evidence that the utility has placed on file with the City:
(a) A written traffic control plan demonstrating the 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 of efficient pedestrian and vehicular traffic; and
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(b) An emergency contingency plan which shall specify the •
nature of potential emergencies, including, without limitation,
construction and hazardous materials emergencies, and the
intended response by the Applicant. The intended response
shall include notification to the City and shall promote
protection of the safety and convenience of the public.
Compliance with ICC regulations for emergency contingency
plans constitutes compliance with this Section unless the
City finds that additional information or assurances are
needed;
(6) Drawings, plans and specifications showing the work proposed,
including the certification of an engineer that such drawings, plans,
and specifications comply with applicable codes, rules, and
regulations;
(7) Evidence of insurance as required in Section 9 of this Chapter;
(8) Evidence of posting of the security fund as required in Section 11
of this Chapter;
(9) Any request for a variance from one (1) or more provisions of this
Chapter pursuant to Section 22 of this Chapter; and •
(10) Such additional information as may be reasonably required by the
City.
(D) Supplemental Application Requirements for Specific Types of Utilities. In
addition to the requirements of Subsection (C) of this Section, the permit
application shall include the following items, as applicable to the specific
utility that is the subject of the permit application:
(1) In the case of the installation of a new electric power,
communications telecommunications, cable television service,
video service or natural gas distribution system installation,
evidence that any "Certificate of Public Convenience and
Necessity" or other regulatory authorization that the applicant is
required by law to obtain, or 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 is
Illinois Environmental Protection Agency, Division of Public Water
Supplies, have been satisfied;
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• (4) In the case of sewer line installations, indicate that the land and
water pollution requirements of: the City Water and Sewer Division;
Illinois Environmental Protection Agency, Division of Water
Pollution Control; the Metropolitan Water Reclamation District; and
any other entities with jurisdiction, have been satisfied; or
(5) In the case of petroleum products pipelines, state the type or types
of petroleum products, pipe size, maximum working pressure, and
the design standard to be followed.
(E) Applicant's Duty to Update Information. Throughout the entire permit
application review period and the construction period authorized by the
permit, any amendments to information contained in a permit application
shall be submitted by the utility in writing to the City within thirty (30) days
after the change necessitating the amendment.
(F) Application Fees. Unless otherwise provided by franchise, license, or
similar agreement, all applications for permits pursuant to this Chapter
shall be accompanied by a fee required for such permits at the time of the
submittal of the application. 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.
•
7-17-6: ACTION ON PERMIT APPLICATIONS:
(A) City Review of Permit Applications. Completed permit applications,
containing all required documentation, shall be examined by the City
Manager or his/her designee within a reasonable time after filing. If the
application does not conform to the requirements of applicable
ordinances, codes, laws, rules, and regulations, City Manager or his/her
designee shall reject such application in writing, stating the reasons
therefor. If the City Manager or his/her designee is satisfied that the
proposed work conforms to the requirements of this Chapter and
applicable ordinances, codes, laws, rules, and regulations, and does not
conflict with other already -permitted or otherwise -allowed work in the right-
of-way, the City Manager or his/her designee shall issue a permit therefor
as soon as practicable. In all instances, it shall be the duty of the
applicant to demonstrate, to the satisfaction of the City Manager or his/her
designee, that the construction proposed under the application shall be in
full compliance with the requirements of this Chapter.
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(B) Additional City Review of Applications of Telecommunications Retailers. •
(1) Pursuant to Section 4 of the Telephone Company Act, 220 ILCS
65/4, a telecommunications retailer shall notify the City that it
intends to commence work governed by this Chapter for facilities
for the provision of telecommunications services. Such notice shall
consist of plans, specifications, and other documentation sufficient
to demonstrate the purpose and intent of the facilities, and shall be
provided by the telecommunications retailer to the City not less
than 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 City Manager or
his/her designee shall specify the portion of the right-of-way upon
which the facility may be placed, used and constructed.
(2) In the event that the City Manager or his/her designee fails to
provide such specification of location to the telecommunications
retailer within either: (i) ten (10) days after service of notice to the
City by the telecommunications retailer in the case of work not
involving excavation for new construction; or (ii) 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 City, where a permit
is required for work pursuant to Section 5 of this Chapter, the
telecommunications retailer shall submit to the City an application
for a permit and any and all plans, specifications and
documentation available regarding the facility to be constructed.
Such application shall be subject to the requirements of Subsection
(A) of this Section.
(C) Additional City Review of Applications of Holders of State Authorization
Under the Cable and Video Competition Law of 2007. Applications by a
utility that is a holder of a State -issued authorization under the Cable and
Video Competition Law of 2007 shall be deemed granted forty-five (45)
days after submission to the City, unless otherwise acted upon by the
City, provided the holder has complied with applicable City codes,
ordinances, and regulations.
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• 7-17-7: EFFECT OF PERMIT:
(A) Authority Granted; No Property Right or Other Interest Created. A permit
from the City authorizes a permittee to undertake only certain activities in
accordance with this Chapter on the City right-of-way, and does not create
a property right or grant authority to the permittee to impinge upon the
right of others who may have an interest in the public right-of-way:
(B) Duration. Unless otherwise specified in the permit itself, no permit issued
under this Chapter shall be valid for a period longer than six (6) months
from the date of issuance unless construction is actually begun within that
period and is thereafter diligently pursued to completion.
(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 City
with such City representatives in attendance as the City deems
necessary. The meeting shall be for the purpose of reviewing the work
under the permit, and reviewing special considerations necessary in the
areas where work will occur, including, without limitation, presence or
• absence of other utility facilities in the area and their locations, procedures
to avoid disruption of other utilities, use of rights -of -way by the public
during construction, tree protection, and access and egress 'by adjacent
property owners.
(D) Compliance with All Laws Required. The issuance of a permit by the City
does not excuse the permittee from complying with other requirements of
the City and applicable statutes, laws, ordinances, rules, and regulations.
7-17-8: 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 City 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 22 of this Chapter. If the City denies the request for a variance, then the
• permittee shall either remove the facility from the right-of-way or modify the
facility so that it conforms to the permit and submit revised drawings or plans
therefor.
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7-17-9: INSURANCE:
(A) Required Coverages and Limits. Unless otherwise
provided by franchise,
license, or similar agreement, each utility occupyin
g
(1) Commercial general liability insurance, including premises -
operations, explosion, collapse, and underground hazard
(commonly referred to as "X," "C," and "U" coverages) and
products -completed operations coverage with limits not less than:
(a) Five million dollars ($5,000,000) for bodily injury or death to
each person;
(b) Five million dollars ($5,000,000) for property damage
resulting from any one accident; and
(c) Five million dollars ($5,000,000) for all other types of liability;
(2) Automobile liability for owned, non -owned and hired vehicles with a
combined single limit of two million dollars ($2,000,000) for
personal injury and property damage for each accident;
(3) Worker's compensation with statutory limits; and
(4) Employer's liability insurance with limits of not less than two million
dollars ($2,000,000) per employee and per accident.
If the utility is not providing such insurance to protect the contractors and
subcontractors performing the work, then such contractors and
subcontractors shall comply with this Section.
(B) Excess or Umbrella Policies. The coverages required by this Section may
be in any combination of primary, excess, and umbrella policies. Any
excess or umbrella policy must provide excess coverage over underlying
insurance on a following -form basis such that when any loss covered by
the primary policy exceeds the limits under the primary policy, the excess
or umbrella policy becomes effective to cover such loss.
(C) Copies Required. The utility shall provide copies of any of the policies
required by this Section to the City within ten (10) days following receipt of
a written request therefor from the City.
•
•
•
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• (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 City, by registered mail or certified mail, return receipt requested, of
a written notice addressed to the City Manager of such intent to cancel or
not to renew." Within ten (10) days after receipt by the City of said notice,
and in no event later than ten (10) days prior to said cancellation, the
utility shall obtain and furnish to the City evidence of replacement
insurance policies meeting the requirements of this Section.
(E) Self -Insurance. A utility may self -insure all or a portion of the insurance
coverage and limit requirements required by Subsection (A) of this
Section. A utility that self -insures is not required, to the extent of such self-
insurance, to comply with the requirement for the naming of additional
insureds under Subsection (A), or the requirements of Subsections (B),
(C) and (D) of this Section. A utility that elects to self -insure shall provide
to the City evidence sufficient to demonstrate its financial ability to self -
insure the insurance coverage and limit requirements required under
Subsection (A) of this Section, such as evidence that the utility is a
"private self insurer" under the Workers Compensation Act.
• (F) Effect of Insurance and Self -Insurance on Utility's Liability. The legal
liability of the utility to the City and any person for any of the matters that
are the subject of the insurance policies or self-insurance required by this
Section shall not be limited by such insurance policies or self-insurance or
by the recovery of any amounts thereunder.
(G) Insurance Companies. All insurance provided pursuant to this section
shall be effected under valid and enforceable policies, issued by insurers
legally able to conduct business with the licensee in the State of Illinois.
All insurance carriers and surplus line carriers shall be rated "A-" or better
and of a class size "X" or higher by A.M. Best Company.
7-17-10: INDEMNIFICATION:
By occupying or constructing facilities in the right-of-way, a utility shall be
deemed to agree to defend, indemnify and hold the City 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 right-of-way,
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and in providing or offering service over the facilities, whether such acts or is
are authorized, allowed or prohibited by this Chapter or by a franchise,
license, or similar agreement; provided, however, that the utility's indemnity
obligations hereunder shall not apply to any injuries, claims, demands,
judgments, damages, losses or expenses arising out of or resulting from the
negligence, misconduct or breach of this Chapter by the City, its officials,
officers, employees, agents or representatives.
7-17-11: 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 City occasioned
by the permittee's failure to comply with any codes, rules,
regulations, orders, permits or other directives of the City issued
pursuant to this Chapter; and •
(3) The payment by permittee of all liens and all damages, claims,
costs, or expenses that the City may pay or incur by reason of any
action or non-performance by permittee in violation of this Chapter
including, without limitation, any damage to public property or
restoration work the permittee is required to perform, by this
Chapter, that the City must perform itself or have completed by its
designated agent, as a consequence solely of the permittee's
failure to perform or complete, and all other payments due the City
from the permittee pursuant to this Chapter or other applicable law.
(B) Form. The permittee shall provide the Security Fund to the City in the form
of a surety bond in a form acceptable to the City. Any surety bond
provided pursuant to this Subsection shall, at a minimum:
(1) Provide that it will not be canceled without prior notice to the City
and the permittee;
(2) Not require the consent of the permittee prior to the collection by
the City of any amounts covered by it; and •
(3) Shall provide a location convenient to the City and within the State
of Illinois at which it can be drawn.
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• (C) Amount. The dollar amount of the Security Fund shall be sufficient to
provide for the reasonably estimated cost to restore the right-of-way to at
least as good a condition as that existing prior to the construction under
the permit, as determined by the City Manager or his/her designee, and
may also include reasonable, directly related costs that the City estimates
are likely to be incurred if the permittee fails to perform such restoration.
Where the construction of facilities proposed under the permit will be
performed in phases in multiple locations in the City, with each phase
consisting of construction of facilities in one (1) location or a related group
of locations, and where construction in another phase will not be
undertaken prior to substantial completion of restoration in the previous
phase or phases, the City Manager or his/her designee may, in the
exercise of sound discretion, allow the permittee to post a single amount
of security which shall be applicable to each phase of the construction
under the permit. The amount of the Security Fund for phased
construction shall be equal to the greatest amount that would have been
required under the provisions of this Subsection (C) for any single phase.
(D) Withdrawals. The City, upon fourteen (14) days' advance written notice
clearly stating the reason for, and its intention to exercise withdrawal right
under this Subsection, may withdraw an amount from the Security Fund,
• provided that the permittee has not reimbursed the City for such amount
within the fourteen (14) day notice period. Withdrawals may be made if
the permittee fails to:
(1) make any payment required to be made by the permittee
hereunder;
(2) pay any liens relating to the facilities that are due and unpaid;
(3) reimburse the City for any damages, claims, costs or expenses
which the City has been compelled to pay or incur by reason of any
action or non-performance by the permittee; or
(4) comply with any provision of this Chapter that the City determines
can be remedied by an expenditure of an amount in the Security
Fund.
(E) Replenishment. Within fourteen (14) days after receipt of written notice
from the City that any amount has been withdrawn from the Security
Fund, the permittee shall restore the Security Fund to .the amount
specified in Subsection (C) of this Section.
•
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(F) Interest. The permittee may request that any and all interest accrued on •
the amount in the Security Fund be returned to the permittee by the City,
upon written request for said withdrawal to the City, provided that any
such withdrawal does not reduce the Security Fund below the minimum
balance required in Subsection (C) of this Section.
(F) Closing and Return of Security Fund. Upon completion of the work
authorized under the permit, the permittee shall be entitled to the return of
the Security Fund, or such portion thereof as remains on deposit, within a
reasonable time after account is taken for all offsets necessary to
compensate the City for failure by the permittee to comply with any
provisions of this Chapter or other applicable law. In the event of any
revocation of the permit, the Security Fund, and any and all accrued
interest therein, shall become the property of the City to the extent
necessary to cover any reasonable costs, loss or damage incurred by the
City as a result of said revocation, provided that any amounts in excess of
said costs, loss or damage shall be refunded to the permittee.
(� Rights Not Limited. The rights reserved to the City with respect to the
Security Fund are in addition to all other rights of the City, whether
reserved by this Chapter or otherwise authorized by law, and no action,
proceeding or exercise of right with respect to said Security Fund shall
affect any other rights the City may have. Notwithstanding the foregoing, •
the City shall not be entitled to a double monetary recovery with respect to
any of its rights which may be infringed or otherwise violated.
7-17-12: PERMIT SUSPENSION AND REVOCATION:
(A) The City Right to Revoke Permit. The City may revoke or suspend a
permit issued pursuant to this Chapter for one (1) 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 right-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. is
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• (B) Notice of Revocation or Suspension. The City shall send written notice of
its intent to revoke or suspend a permit issued pursuant to this Chapter
stating the reason or reasons for the revocation or suspension and the
alternatives available to permittee pursuant to this Section.
(C) Permittee Alternatives Upon Receipt of Notice of Revocation or
Suspension. Upon receipt of a written notice of revocation or suspension
from the City, the permittee shall do one of the following:
(1) immediately provide the City with evidence that no cause exists for
the revocation or suspension;
(2) immediately correct, to the satisfaction of the City, the deficiencies
stated in the written notice, providing written proof of such
correction to the City within five (5) working days after receipt of the
written notice of revocation;
(3) immediately remove the facilities located on, over, above, along,
upon, under, across, or within the right-of-way and restore the right-
of-way to the satisfaction of the City providing written proof of such
removal to the City within ten (10) days after receipt of the written
notice of revocation.
• The City may, in its discretion, for good cause shown, extend the time
periods provided in this Subsection.
r�
(D) Stop Work Order. In addition to the issuance of a notice of revocation or
suspension, the City may issue a stop work order immediately upon
discovery of any of the reasons for revocation set forth within Subsection
(A) of this Section.
(E) Failure or Refusal of the Permittee to Comply. If the permittee fails to
comply with the provisions of Subsection (C) of this Section, the City or its
designee may, at the option of the City: correct the deficiencies; upon not
less than twenty (20) days notice to the permittee, remove the subject
facilities or equipment; or, 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 City. The permittee shall be liable in all events to the
City for all costs of removal.
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7-17-13: CHANGE OF OWNERSHIP OR OWNER'S IDENTITY OR LEGAL •
STATUS:
(A) Notification of Change. A utility shall notify the City 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
City's right-of-way.
(C) Insurance and Bonding. All insurance coverage or bonding must be
changed to reflect the name of the new owner upon transfer.
7-17-14: GENERAL CONSTRUCTION STANDARDS:
(A) Standards and Principles. All construction in the right-of-way shall be •
performed in accord 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:
(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.
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• (B) Interpretation of Municipal Standards and Principles. If a discrepancy
exists between or among differing principles and standards required by
this Chapter, the City Manager or his/her designee shall determine, in the
exercise of sound engineering judgment, which principles apply and such
decision shall be final. If requested, the City Manager or his/her designee
shall state which standard or principle will apply to the construction,
maintenance, or operation of a facility in the future.
•
7-17-15: TRAFFIC CONTROL:
(A) Minimum Requirements. The City's minimum requirements for traffic
protection are contained in IDOT's Illinois Manual on Uniform Traffic
Control Devices and this Code.
(B) Warning Signs, Protective Devices, and Flaggers. The utility is
responsible for providing and installing warning signs, protective devices
and faggers, 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 right-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 21 of this Chapter, the utility shall provide such notice
as is practicable under the circumstances.
(E) Compliance. The utility shall take immediate action to correct any
deficiencies in traffic protection requirements that are brought to the
utility's attention by the City.
7-17-16: 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.
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(1) No Interference with City Facilities. No utility facilities shall be •
placed in any location if the City Manager or his/her designee
determines that the proposed location will require the relocation or
displacement of any of the City's utility facilities or will otherwise
interfere with the operation or maintenance of any of the City's
utility facilities.
(2) Minimum Interference and Impact. The proposed location shall
cause only the minimum possible interference with the use of the
right-of-way and shall cause only the minimum possible impact
upon, and interference with the rights and reasonable convenience
of property owners who adjoin said right-of-way.
(3) ' No Interference with Travel. No utility facility shall be placed in any
location that interferes with the usual travel on such right-of-way.
(4) No Limitations on Visibility. No utility facility shall be placed in any
location so as to limit visibility of or by users of the right-of-way.
(5) Size of Utility Facilities. The proposed installation shall use the
smallest suitable vaults, boxes, equipment enclosures, power
pedestals, and/or cabinets then in use by the facility owner,
regardless of location, for the particular application. 40
(B) No new utility poles shall be installed or erected within in the City except in
alleys.
(C) Parallel Facilities Located Within Highways.
(1) Overhead Parallel Facilities. An overhead parallel facility may be
located within the right-of-way lines of a highway only if:
(a) Lines are located as near as practicable to the right-of-way
line and as nearly parallel to the right-of-way line as
reasonable pole alignment will permit;
(b) Where pavement is curbed, poles are as remote as
practicable from the curb with a minimum distance of two
feet (2') behind the face of the curb, where available;
(c) Where pavement is uncurbed, poles are as remote from
pavement edge as practicable with minimum distance of four
feet (4') outside the outer shoulder line of the roadway and
are not within the clear zone;
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•
•
•
(d) No pole is located in the ditch line of a highway; and
(e) Any ground -mounted appurtenance is located within one
foot (1') of the right-of-way line or as near as possible to the
right-of-way line.
(2) Underground Parallel Facilities. An underground parallel facility
may be located within the right-of-way lines of a highway only if:
(a) The facility is located as near the right-of-way line as
practicable and not more than eight feet (8') from and
parallel to the right-of-way line;
(b) A new facility may be located under the paved portion of a
highway only if other locations are impracticable or
inconsistent with sound engineering judgment (e.g., a new
cable may be installed in existing conduit without disrupting
the pavement); and
(c) In the case of an underground power or communications
line, the facility shall be located as near the right-of-way line
as practicable and not more than five feet (5') from the right-
of-way line and any above -grounded appurtenance shall be
located within one foot (1') of the right-of-way line or as near
as practicable.
(D) Facilities Crossing Highways.
(1) No Future Disruption. The construction and design of crossing
facilities installed between the ditch lines or curb lines of City
highways may require the incorporation of materials and
- protections (such as encasement or additional cover) to avoid
settlement or future repairs to the roadbed resulting from the
installation of such crossing facilities.
(2) Culverts or Drainage Facilities. Crossing facilities shall not be
located in culverts or drainage facilities.
(3) 90" Degree Crossing Required. Crossing facilities shall cross at or
as near to a ninety degree (90°) 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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(a) 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, as amended);
(b) Poles are located within one foot (1') of the right-of-way line
of the highway and outside of the clear zone; and
(c) Overhead crossings at major intersections are avoided.
(5) Underground Power or Communication Facility. An underground
power or communication facility may cross a highway only if:
(a) The design materials and construction methods will provide
maximum maintenance -free service life; and
(b) Capacity for the utility's foreseeable future expansion needs
is provided in the initial installation.
(6) Markers. The City may require the utility to provide a marker at
each right-of-way line where an underground facility other than a
power or communication facility crosses a highway. Each marker
shall identify the type of facility, the utility, and an emergency
phone number. Markers may also be eliminated as provided in
current Federal regulations. (49 C.F.R. §192.707 (1989)). •
(E) Facilities to be Located Within Particular Rights -of -Way. The City may
require that facilities be located within particular rights -of -way that are not
highways, rather than within particular highways.
(F) Freestanding Facilities.
(1) The City may restrict the location and size of any freestanding
facility located within a right-of-way.
(2) The City may require any freestanding facility located within a right-
of-way to be screened from view.
(G) Above Ground Facilities. The City may require any above ground facility
located within a right-of-way to be screened from view. Facilities may be
installed above ground only if:
(1) No other existing facilities in the area are located underground;
(2) New underground installation is not technically feasible; and •
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(3) The proposed installation will be made at a location, and will
isemploy suitable design and materials, to provide the greatest
protection of aesthetic qualities of the area being traversed without
adversely affecting safety. Suitable designs include, but are not
limited to, self-supporting armless, single -pole construction with
vertical configuration of conductors and cable. Existing utility poles
and light standards shall be used wherever practicable; the
installation of additional utility poles is strongly discouraged.
(H) Facility Attachments to Bridges or Roadway Structures.
(1) Facilities may be installed as attachments to bridges or roadway
structures only where the utility has demonstrated that all other
means of accommodating the facility are not practicable. Other
means shall include, but are not limited to, underground,
underwater, independent poles, cable supports and tower supports,
all of which are completely separated from the bridge or roadway
structure. Facilities transmitting commodities that are volatile,
flammable, corrosive, or energized, especially those under
significant pressure or potential, present high degrees of risk and
such installations are not permitted.
• (2) A utility shall include in its request to accommodate a facility
installation on a bridge or roadway structure supporting data
demonstrating the impracticability of alternate routing. Approval or
disapproval of an application for facility attachment to a bridge or
roadway structure will be based upon the following considerations:
(a) The type, volume, pressure or voltage of the commodity to
be transmitted and an evaluation of the resulting risk to
persons and property in the event of damage to or failure of
the facility;
(b) The type, length, value, and relative importance of the
highway structure in the transportation system;
(c) The alternative routings available to the utility and their
comparative practicability;
(d) The proposed method of attachment;
(e) The ability of the structure to bear the increased load of the
proposed facility;
• (f) The degree of interference with bridge maintenance and
painting;
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(g) The effect on the visual quality of the structure; and •
(h) The public benefit expected from the utility service as
compared to the risk involved.
(1) Appearance Standards.
(1) The City may prohibit the installation of facilities in particular
locations in order to preserve visual quality.
(2) A facility may be constructed only if its construction does not
require extensive removal or alteration of trees or terrain features
visible to the right-of-way user or to adjacent residents and property
owners, and if it does not impair the aesthetic quality of the lands
being traversed.
7-17-17: CONSTRUCTION METHODS AND MATERIALS:
(A) Standards and Requirements for Certain Types of Construction Methods.
(1) Boring or Jacking.
(a) Pits and Shoring. Boring or jacking under right-of-way shall •
be accomplished from pits located at a minimum distance
specified by the City Manager or his/her designee from the
edge of the pavement. Pits for boring or jacking shall be
excavated no more than forty-eight (48) hours in advance of
boring or jacking operations and backfilled within forty-eight
(48) hours after boring or jacking operations are completed.
While pits are open, they shall be clearly marked and
protected by fencing, barriers, and barricades. Shoring shall
be designed, erected, supported, braced, and maintained
according to plans created by a structural or geotechnical
engineer licensed by the State of Illinois so that it will safely
support all vertical and lateral loads that may be imposed
upon it during the boring or jacking operation.
(b) Wet Boring or Jetting. Wet boring or jetting shall not be
permitted under the roadway.
(c) Borings with Diameters Greater Than 6 Inches. Borings over
six inches (6") 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 (1").
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is (d) Borings with Diameters 6 Inches or Less. Borings of six
inches (6") or less in diameter may be accomplished by
either jacking, guided with auger, or auger and following pipe
method.
(e) Tree Preservation. Any facility located within the drip line of
any tree designated by the City to be preserved or protected
shall be protected as per the City's Department of
Parks/Forestry and Recreation's tree protection policy.
(2) Trenching. Trenching for facility installation, repair, or maintenance
on right-of-way shall be done in accord with the applicable portions
of Section 603 of IDOT's "Standard Specifications for Road and
Bridge Construction."
(a) Length. The length of open trench shall be kept to the
practicable minimum consistent with requirements for pipe-
line testing. Only one half of any intersection may have an
open trench at any time unless special permission is
obtained from the City Manager or his/her designee.
• (b) Open Trench and Excavated Material. Open trench and
windrowed excavated material shall be protected as required
by Chapter 6 of the Illinois Manual on Uniform Traffic Control
- Devices. Excavated material shall not be allowed to remain
on the right-of-way. Where right-of-way width does not allow
for windrowing excavated material off the paved portion of
the roadway, excavated material shall be hauled to an off -
road location.
(c) Drip Line of Trees. The utility shall not trench within the drip
line of any tree designated by the City to be preserved as
per the City's Department of Parks/Forestry and
Recreation's tree protection policy.
(3) Backfilling.
(a) Any pit, trench, or excavation created during the installation
of facilities shall be backfilled for its full width, depth, and
length using methods and materials in accord with IDOT's
"Standard Specifications for Road and Bridge Construction"
and the City's backfilling -standards. When excavated
material is hauled away or is unsuitable for backfill, suitable
granular backfill shall be used.
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(b) For a period of three (3) years from the date construction of is
facility is completed, the utility shall be responsible to
remove and restore any backfilled area that has settled due
to construction of the facility. If so ordered by the City
Manager or his/her designee, the utility, at its expense, shall
remove any pavement and backfill material to the top of the
installed facility, place and properly compact new backfill
material, and restore new pavement, sidewalk, curbs, and
driveways to the proper grades, as determined by the City
Manager or his/her designee
(4) Pavement Cuts. Pavement cuts for facility installation or repair shall
be permitted on a highway only if that portion of the highway is
closed to traffic. If a variance to the limitation set forth in this
subsection is permitted under Section 22 of this Chapter, the
following requirements shall apply:
(a) Any excavation under pavements shall be backfilled and
compacted as soon as practicable with granular material of
CA-6 or CA-10 gradation, as designated by the City
Manager or his/her designee.
(b) Restoration of pavement, in kind, shall be accomplished as •
soon as practicable, and temporary repair with bituminous
mixture shall be provided immediately. Any subsequent
failure of either the temporary repair or the restoration shall
be rebuilt upon notification by the City.
(c) All saw cuts shall be full depth.
(d) For all right-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 JULIE locate.
(5) Encasement.
(a) Casing pipe shall be designed to withstand the load of the
highway and any other superimposed loads. The casing
shall be continuous either by one-piece fabrication or by
welding or jointed installation approved by the City.
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(b) The venting, if any, of any encasement shall extend within
• one foot (1') 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.
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(c) In the case of water main or service crossing, encasement
shall be furnished between bore pits unless continuous pipe
or City -approved jointed pipe is used under the roadway.
Casing may be omitted only if pipe is installed prior to
highway construction and carrier pipe is continuous or
mechanical joints are of a type approved by the City. Bell
and spigot type pipe shall be encased regardless of
installation method.
(d) In the case of gas pipelines of sixty pounds per square inch
gauge (60 psig) or less, encasement may be eliminated.
(e) In the case of gas pipelines or petroleum products pipelines
with installations of more than sixty pounds per square inch
gauge (60 psig), encasement may be eliminated only if:
extra heavy pipe is used that precludes future maintenance
or repair; and cathodic protection of the pipe is provided;
(f) If encasement is eliminated for a gas or petroleum products
pipeline, the facility shall be located so as to provide that
construction does not disrupt the right-of-way.
(6) Minimum Cover of Underground Facilities. Cover shall be provided
and maintained at least in the amount specified in the following
table for minimum cover for the type of facility:
TYPE OF FACILITY
Electric Lines
Cable or Video Service Line
Gas or Petroleum Products
Water Line
Sanitary Sewer, Storm Sewer, or Drainage Line
MINIMUM COVER
Thirty inches (30")
18 to 24 inches (18"-24") as
Determined by the City
Thirty inches (30")
Sufficient Cover to
Provide Freeze Protection
Sufficient Cover.to
Provide Freeze Protection
(B) Standards and Requirements for Particular Types of Facilities.
(1) Electric Power or Communication Lines.
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(a) Code Compliance. Electric power or communications •
facilities within City right-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.
(b) Overhead Facilities. Overhead power or communication
facilities shall use single pole construction and, where
practicable, joint use of poles shall be used. Utilities shall
make every reasonable effort to design the installation so
guys and braces will not be needed. Variances may be
allowed if there is no feasible alternative and if guy wires are
equipped with guy guards for maximum visibility.
(3) Underground Facilities.
(a) 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.
(b) If a crossing is installed by boring or jacking, encasement
shall be provided between jacking or bore pits. Encasement
may be eliminated only if: 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 the installation is by the open trench method
which is only permitted prior to roadway construction.
(c) Cable shall be grounded in accordance with the National
Electrical Safety Code.
(d) Burial of Drops. All temporary service drops placed between
November 1 of the prior year and March 15 of the current
year, also known as snowdrops, shall be buried by May 31
of the current year, weather permitting, unless otherwise
permitted by the City. Weather permitting, utilities shall bury
all temporary drops, excluding snowdrops, within ten (10)
business days after placement.
(2) Underground Facilities Other than Electric Power or
Communication Lines. Underground facilities other than electric •
power or communication lines may be installed by:
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• (a) the use of "moles," "whip augers," or other approved
methods which compress the earth to move the opening for
the pipe;
(b) jacking or boring with vented encasement provided between
the ditch lines or toes of slopes of the highway;
(c) open trench with vented encasement between ultimate ditch
lines or toes of slopes, but only if prior to roadway
construction; or
(d) tunneling with vented encasement, but only if installation is
not possible by other means.
(3) Gas Transmission, Distribution and Service. Gas pipelines within
right-of-way shall be constructed, maintained, and operated in a
City -approved manner and in conformance with the Federal Code
of the Office of Pipeline Safety Operations, Department of
Transportation, Part 192 — Transportation of Natural and Other Gas
by Pipeline: Minimum Federal Safety Standards (49 CFR §192),
IDOT's "Standard Specifications for Road and Bridge
Construction," and all other applicable laws, rules, and regulations.
(4) Petroleum Products Pipelines. Petroleum products pipelines within
right-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 right-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 (1') in width beyond the. appurtenance in all directions. The
vegetation -free area may be provided by an extension of the
mounting pad, or by heavy duty plastic or similar material approved
by the City Manager or his/her designee. With the approval of the
City Manager or his/her designee, 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.
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(C) Materials. •
(1) General Standards. The materials used in constructing facilities
within right-of-way shall be those meeting the applicable portions of
IDOT's "Standards Specifications for Road and Bridge
Construction," the requirements of the Illinois Commerce
Commission, or the accepted standards or standards established
by other official regulatory agencies for the appropriate industry.
(2) Material Storage on Right -of -Way. No material shall be stored on
the right-of-way without the prior written approval of the City
Manager or his/her designee. When such storage is permitted, all
pipe, conduit, wire, poles, cross arms, or other materials shall be
distributed along the right-of-way prior to and during installation in a
manner to minimize: hazard to the public; obstacles to right-of-way
maintenance; damage to the right-of-way and other property.
(3) Hazardous Materials. The plans submitted by the utility to the City
shall identify any hazardous materials that may be involved in the
construction of the new facilities or removal of any existing facilities.
(D) Operational Restrictions.
(1) Construction operations on right-of-way may, at the discretion of
the City, be required to be discontinued when such operations
would create hazards to traffic or the public health, safety, and
welfare. Such operations may also be required to be discontinued
or restricted when conditions are such that construction would
result in extensive damage to the right-of-way or other property.
(2) These restrictions may be waived by the City Manager or his/her
designee when emergency work is required to restore vital utilities.
(3) Unless otherwise permitted by the City, the hours of construction
are those set forth in the City Code, as amended.
(E) Location of Existing Facilities. Any utility proposing to construct facilities in
the City shall contact JULIE and ascertain the presence and location of
existing aboveground and underground facilities within the right-of-way to
be occupied by its proposed facilities. The City will make its permit records
available to a utility for the purpose of identifying possible facilities. When
notified of an excavation or when requested by the City or by JULIE, a
utility shall locate and physically mark its underground facilities within 48
hours, excluding weekends and holidays, in accordance with the Illinois is
Underground Facilities Damage Prevention Act (220 ILCS 50/1 et seq. as
amended)
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• 7-17-18: VEGETATION CONTROL:
(A) Electric Utilities - Compliance with State Laws and Regulations. An
electric utility shall conduct all tree -trimming and vegetation control
activities in the right-of-way in accordance with applicable Illinois laws and
regulations, and additionally, with such local franchise or other agreement
with the City 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,
pursuant to Section 7-8-3 of the City Code, in addition to any other permit
required under this Chapter.
(1) Application for Tree Trimming Permit. Applications for tree trimming
permits shall include assurance that the work will be accomplished
by competent workers with supervision who are experienced in
accepted tree pruning practices. Tree trimming permits shall
designate an expiration date in the interest of assuring that the
work will be expeditiously accomplished.
• (2) Damage to Trees. Poor pruning practices resulting in damaged or
misshapen trees will not be tolerated and shall be grounds for
cancellation of the tree trimming permit and for assessment of
damages. The City will require compensation for trees extensively
damaged and for trees removed without authorization. The formula
developed by the International Society of Arboriculturewill be used
as a basis for determining the compensation for damaged trees or
unauthorized removal of trees. The City may require the removal
and replacement of trees if trimming or radical pruning would leave
them in an unacceptable condition.
(B) Specimen Trees or Trees of Special Significance. The City may require
that special measures be taken to preserve specimen trees or trees of
special significance. The required measures may consist of higher poles,
side arm extensions, covered wire or other means.
(C) 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 City for any purpose, including the control of
growth, insects or disease.
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(2) Spraying of any type of brush -killing chemicals will not be permitted •
on right-of-way unless the utility demonstrates to the satisfaction of
the City Manager or his/her designee that such spraying is the only
practicable method of vegetation control.
7-17-19: REMOVAL, RELOCATION, OR MODIFICATIONS OF UTILITY
FACILITIES:
(A) Notice. Within ninety (90) days following written notice from the City, a
utility shall, at its own expense, protect, support, temporarily or
permanently disconnect, remove, relocate, change or alter the position of
any utility facilities within the right-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 The City improvement in or upon, or
the operations of the City in or.upon, the right-of-way.
(B) Removal of Unauthorized Facilities. Within thirty (30) days following
written notice from the City, any utility that owns, controls, or maintains
any unauthorized facility or related appurtenances in the right-of-way
shall, at its own expense, remove all or any part thereof from the right-of-
way. A facility is unauthorized in the following circumstances:
(1) Upon expiration or termination of the permittee'slicense or •
franchise, unless otherwise permitted by applicable law;
(2) If the facility was constructed or installed without the prior grant of a
license or franchise, if required;
(3) If the facility was constructed or installed without prior issuance of a
required permit in violation of this Chapter; or
(4) If the facility was constructed or installed at a location not permitted
by the permittee's license or franchise.
(C) Emergency Removal or Relocation of Facilities. The City retains the right
and privilege to cut or move any facilities located within the right-of-way of
the City, as the City may determine to be necessary, appropriate or useful
in response to any public health or safety emergency. If circumstances
permit, the municipality shall attempt to notify the utility, if known, prior to
cutting or removing a facility and shall notify the utility, if known, after
cutting or removing a facility.
•
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• (D) Abandonment of Facilities. The utility shall notify the City within ninety (90)
days of _abandoning a facility within the City's public right-of-way.
Following receipt of such notice, the City may direct the utility to remove
all or any portion of the facility if the City Manager or his/her designee
determines that such removal will be in the best interest of the public
health, safety and welfare. In the event that the City does not direct the
abandoning utility to remove it, by giving notice of abandonment to the
City, the abandoning utility shall be deemed to consent to the alteration or
removal of all or any portion of the facility by another utility or person.
7-17-20: 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 City. Restoration of roadway surfaces shall be
made using materials and methods approved by the City Manager or his/her
designee. Such cleanup and repair may be required to consist of backfilling, re-
grading, reseeding, re -sodding, or any other requirement to restore. the right-of-
way to a condition substantially equivalent to that which existed prior to the
commencement of the project. The time period provided in this Section may be
extended by the City Manager or his/her designee for good cause shown.
• 7-17-21: MAINTENANCE AND EMERGENCY MAINTENANCE:
(A) General. Facilities on, over, above, along, upon, under, across, or within
right-of-way are to be maintained by or for the utility in a manner
satisfactory to the City and at the utility's expense.
(B) Emergency Maintenance Procedures. Emergencies may justify 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 an emergency requires the parking of equipment,
necessary for repair operations, on the shoulder, and no other
means of access to the facility is available, such parking shall be
allowed and the utility shall provide adequate signs and lights.
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(2) In an emergency, the utility shall, as soon as possible, notify the is
Manager or his/her designee 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 interferes with the free
movement of traffic, the City police shall be notified immediately.
(3) In an emergency, the utility shall use all available means to
complete repairs as rapidly as practicable and with the least
inconvenience to the traveling public.
(C) Emergency Repairs. The utility must file in writing with the City of a
description of the repairs undertaken in the right-of-way within forty-eight
(48) hours after an emergency repair.
7-17-22: VARIANCES:
(A) Request for Variance. A utility requesting a variance from any of the
provisions of this Chapter must do so in writing to the City Manager or
his/her designee as a part of the permit application. The request shall
identify each provision of this Chapter from which a variance is requested
and the reasons why a variance should be granted.
(B) Authority to Grant Variances. The City Manager or his/her designee shall is
decide whether a variance is authorized for each provision of this Chapter
identified in the variance request on an individual basis.
(C) Conditions for Granting of Variance. The City Manager or his/her
designee may authorize a variance only if the utility requesting the
variance has demonstrated that: one (1) 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 all other designs, methods, materials, locations or facilities
that would conform to the provision from which a variance is requested
are impracticable in relation to the requested approach.
(D) Additional Conditions for Granting of a Variance. As a condition for
authorizing a variance, the City Manager or his/her designee may require
the utility requesting the variance to meet reasonable standards and
conditions that may or may not be expressly contained within this Chapter
but which carry out the purposes of this Chapter.
•
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(E) Right to Appeal. Any utility aggrieved by any order, requirement, decision
or determination, including denial of a variance, made by the City
Manager or his/her designee under the provisions of this Chapter shall
have the right to appeal to the City Council, or such other board,
committee, or commission as it may designate. The application for
appeal shall be submitted in writing to the City Manager or his/her
designee within thirty (30) days after the date of such order, requirement,
decision or determination. The City Council shall commence its
consideration of the appeal at the Council's next regularly scheduled
meeting occurring at least seven (7) days after the filing of the appeal.
The City Council shall decide the appeal in a timely manner.
7-17-23: 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 City will incur
delay or other costs, including third party claims, because the utility will not or
cannot perform its duties under its permit and this Chapter. Unless the utility
shows that another allocation of the cost of undertaking the requested action is
appropriate, the utility shall bear the City's costs of damages and its costs of
installing, maintaining, modifying, relocating, or removing the facility that is the
subject of the permit. No other administrative agency or commission may review
or overrule a permit related cost apportionment of the City. Sanctions may be
imposed upon a utility that does not pay the costs apportioned to it.
7-17-24: ENFORCEMENT:
Nothing in this Chapter shall be construed as limiting any additional or further
remedies that the City may have for enforcement of this Chapter.
7-17-25: SEVERABILITY:
That if any provision of this Chapter or application thereof to any person or
circumstance is held unconstitutional or otherwise invalid, such invalidity shall not
affect other provisions or applications of this Chapter that can be given effect
without the invalid application or provision, and each invalid provision or invalid
application of this Chapter is severable.
SECTION 2: That all ordinances or parts of ordinances in conflict
herewith are hereby repealed.
•
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SECTION 3: That this Ordinance shall be in full force and effect
from and after its passage, approval and publication in the manner
provided by law.
Introduced: �"(�'
Adopted: /P&4
ttest:
Mary "i", ity Clerk
, 2007 Approved:
, 2007 2007
j Lorraine H. Morton, Mayor
Ap r ved as o
Cotporation unsel
i
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