ARTICLE VI.  CONSTRUCTION OF UTILITY FACILITIES
IN THE PUBLIC RIGHTS-OF-WAY

Enacted by Ordinance No. O-99-2, 1/18/99;

Amended in its entirety by Ordinance No. O-07-117, 11/19/07;

Ordinance No. O-17-13, 3/20/17 - continued

 

Sec. 17-611.    Permit Suspension and Revocation.  [back to top]

(A)       Village Right to Revoke Permit.  The Village may revoke or suspend a permit issued pursuant to this Article for one or more of the following reasons:

(1)        Fraudulent, false, misrepresenting, or materially incomplete statements in the permit application;

(2)        Non-compliance with this Article;

(3)        Permittee's physical presence or presence of permittee's facilities on, over, above, along, upon, under, across, or within the public rights-of-way presents a direct or imminent threat to the public health, safety, or welfare; or

(4)        Permittee's failure to construct the facilities substantially in accordance with the permit and approved plans.

(B)       Notice of Revocation or Suspension.  The Village shall send written notice of its intent to revoke or suspend a permit issued pursuant to this Article stating the reason or reasons for the revocation or suspension and the alternatives available to permittee under this Section 17-611.

(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)        Immediately correct, to the satisfaction of the Village, the deficiencies stated in the written notice, providing written proof of such correction to the Village within five (5) working days after receipt of the written notice of revocation; or

(3)        Immediately remove the facilities located on, over, above, along, upon, under, across, or within the public 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.

(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 a contractor designated by the Village 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.

Sec. 17-612.    Change of Ownership or Owner's Identity or Legal Status.  [back to top]

(A)       Notification of Change.  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 all applicable laws, ordinances, rules and regulations, including this Article, with respect to the work and facilities in the right-of-way. If the utility is operating under a Master License Agreement, the transfer of ownership shall not be effective until a new Master License Agreement has been executed by the new owner and has been approved in the manner provided in this Article.

(B)       Amended Permit.  A new owner shall request that any current permit be amended to show current ownership.  If the new owner fails to have a new or amended permit issued in its name, the new owner shall be presumed to have accepted, and agreed to be bound by, the terms and conditions of the permit if the new owner uses the facility or allows it to remain on the Village's right-of-way.

(C)       Insurance and Bonding.  All required insurance coverage or bonding must be changed to reflect the name of the new owner upon transfer.

Sec. 17-613.    General Construction Standards.  [back to top]

(A)       Standards and Principles.  All construction in the right-of-way shall be consistent with applicable ordinances, codes, laws, rules and regulations, and commonly recognized and accepted traffic control and construction principles, sound engineering judgment and, where applicable, the principles and standards set forth in the following IDOT publications, as amended from time to time:

(1)        Standard Specifications for Road and Bridge Construction;

(2)        Supplemental Specifications and Recurring Special Provisions;

(3)        Highway Design Manual;

(4)        Highway Standards Manual;

(5)        Standard Specifications for Traffic Control Items;

(6)        Illinois Manual on Uniform Traffic Control Devices (92 Ill. Adm. Code 545);

(7)        Flagger's Handbook; and

(8)        Work Site Protection Manual for Daylight Maintenance Operations.

(B)       Interpretation of Village Standards and Principles.  If a discrepancy exists between or among differing principles and standards required by this Article, the Director of Public Works shall determine, in the exercise of sound engineering judgment, which principles apply and such decision shall be final.  If requested, the Director of Public Works shall state which standard or principle will apply to the construction, maintenance, or operation of a facility in the future.

Sec. 17-614.    Traffic Control.  [back to top]

(A)       Minimum Requirements. The Village's minimum requirements for traffic protection are contained in IDOT's Illinois Manual on Uniform Traffic Control Devices and this Code.

(B)       Warning Signs, Protective Devices, and Flaggers. The utility is responsible for providing and installing warning signs, protective devices and flaggers, when necessary, meeting all applicable federal, state, and local requirements for protection of the public and the utility's workers when performing any work on the public 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 17-620 of this Article, the utility shall provide such notice as is practicable under the circumstances.

(E)       Compliance.  The utility shall take immediate action to correct any deficiencies in traffic protection requirements that are brought to the utility's attention by the Village.

Sec. 17-615.    Location of Facilities.  [back to top]

(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 the Addison Zoning Ordinance and this subsection:

(1)        No Interference with Village Facilities.  No utility facilities shall be placed in any location if the Director of Public Works 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 Limitations on Visibility.  No utility facility shall be placed in any location so as to limit visibility of or by users of the right-of-way.

(5)        Size of Utility Facilities.  The proposed installation shall use the smallest suitable vaults, boxes, equipment enclosures, power pedestals, and/or cabinets then in use by the facility owner, regardless of location, for the particular application.

(B)        Parallel Facilities Located Within Highways.

(1)        Overhead Parallel Facilities.  An overhead parallel facility may be located within the right-of-way lines of a highway only if:

(a)        Lines are located as near as practicable to the right-of-way line and as nearly parallel to the right-of-way line as reasonable pole alignment will permit;

(b)        Where pavement is curbed, poles are as remote as practicable from the curb with a minimum distance of two (2) feet (0.6 m) behind the face of the curb, where available;

(c)        Where pavement is uncurbed, poles are as remote from pavement edge as practicable with minimum distance of four (4) feet (1.2 m) outside the outer shoulder line of the roadway and are not within the clear zone;

(d)        No pole is located in the ditch line of a highway; and

(e)        Any ground mounted appurtenance is located within one foot (0.3 m) of the right-of-way line or as near as possible to the right-of-way line.

(2)        Underground Parallel Facilities.  An underground parallel facility may be located within the right-of-way lines of a highway only if:

(a)        The facility is located as near the right-of-way line as practicable and not more than eight (8) feet (2.4 m) from and parallel to the right-of-way line;

(b)        A new facility may be located under the paved portion of a highway only if other locations are impracticable or inconsistent with sound engineering judgment (e.g., a new cable may be installed in existing conduit without disrupting the pavement); and

(c)        In the case of an underground power or communications line, the facility shall be located as near the right-of-way line as practicable and not more than five (5) feet (1.5 m) from the right-of-way line, and any above ground appurtenance shall be located within one foot (0.3 m) of the right-of-way line or as near as practicable.

(C)       Facilities Crossing Highways.

(1)        No Future Disruption.  The construction and design of crossing facilities installed between the ditch lines or 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)        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 (90) degree angle to the centerline as practicable.

(4)        Overhead Power or Communication Facility.  If a variance has been granted, an overhead power or communication facility may cross a highway only if:

(a)        It has a minimum vertical line clearance as required by ILCC's rules entitled, "Construction of Electric Power and Communication Lines" (83 Ill. Adm. Code 305);

(b)        Poles are located within one foot (0.3 m) of the right-of-way line of the highway and outside of the clear zone; and

(c)        Overhead crossings at major intersections are avoided.

(5)        Underground Power or Communication Facility.  An underground power or communication facility may cross a highway only if:

(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 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)        Immediately upon filing a permit application which includes a freestanding facility, the utility shall meet with the Director of Public Works and schedule an on-site review.  In accordance with the standards and purposes of this Article, the Village may restrict the location and size of any freestanding facility located within a right-of-way, as appropriate to mitigate the impact upon the right-of-way and adjoining property.

(2)        The Village may require any freestanding facility located within a right-of-way to be screened from view.

(F)       Facilities Installed Above Ground.  Above ground facilities, including freestanding facilities, may be installed only if:

(1)        No other existing facilities in the area are located underground;

(2)        New underground installation is not technically feasible; and

(3)        The proposed installation will be made at a location and will employ suitable design and materials to provide the greatest protection of aesthetic qualities of the area being traversed without adversely affecting safety.  Suitable designs include but are not limited to self-supporting armless, single-pole construction with vertical configuration of conductors and cable.  Existing utility poles and light standards shall be used wherever practicable; the installation of additional utility poles is strongly discouraged.

(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:

(a)        The type, volume, pressure or voltage of the commodity to be transmitted and an evaluation of the resulting risk to persons and property in the event of damage to or failure of the facility;

(b)        The type, length value, and relative importance of the highway structure in the transportation system;

(c)        The alternative routings available to the utility and their comparative practicability;

(d)        The proposed method of attachment;

(e)        The ability of the structure to bear the increased load of the proposed facility;

(f)         The degree of interference with bridge maintenance and painting;

(g)        The effect on the visual quality of the structure; and

(h)        The public benefit expected from the utility service as compared to the risk involved.

(H)       Appearance Standards.

(1)        The Village may prohibit the installation of facilities in particular locations in order to preserve visual quality.

(2)        A facility may be constructed only if its construction does not require extensive removal or alteration of trees or terrain features visible to the highway user or impair the aesthetic quality of the lands being traversed.

Sec. 17-616.    Construction Methods and Materials.  [back to top]

(A)       Standards and Requirements for Particular Types of Construction Methods.

(1)        Boring or Jacking.

(a)        Pits and Shoring.  Boring or jacking under rights-of-way shall be accomplished from pits located at a minimum distance specified by the Director of Public Works from the edge of the pavement.  Pits for boring or jacking shall be excavated no more than 48 hours in advance of boring or jacking operations and backfilled within 48 hours after boring or jacking operations are completed.  While pits are open, they shall be clearly marked and protected by barricades.  Shoring shall be designed, erected, supported, braced, and maintained so that it will safely support all vertical and lateral loads that may be imposed upon it during the boring or jacking operation.

(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 (0.15 m) in diameter shall be accomplished with an auger and following pipe, and the diameter of the auger shall not exceed the outside diameter of the following pipe by more than one inch (25 mm).

(d)        Borings with Diameters 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.

(e)        Tree Preservation.  Any facility located within the drip line of any tree designated by the Village to be preserved 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" or with Village standards, whichever standards are more restrictive.

(a)        Length.  The length of open trench shall be kept to the practicable minimum consistent with requirements for pipeline testing.  Only one-half of any intersection may have an open trench at any time unless special permission is obtained from the Director of Public Works.

(b)        Open Trench and Excavated Material.  Open trench and windrowed excavated material shall be protected as required by Chapter 6 of the Illinois Manual on Uniform Traffic Control Devices.  Where practicable, the excavated material shall be deposited between the roadway and the trench as added protection.  Excavated material shall not be allowed to remain on the paved portion of the roadway.  Where right-of-way width does not allow for windrowing excavated material off the paved portion of the roadway, excavated material shall be hauled to an off-road location.

(c)        Drip Line of Trees.  The utility shall not trench within the drip line of any tree designated by the Village to be preserved.

(3)        Backfilling.

(a)        Any pit, trench, or excavation created during the installation of facilities shall be backfilled for its full width, depth, and length using methods and materials in accordance with IDOT's "Standard Specifications for Road and Bridge Construction" or with Village standards, whichever standards are more restrictive.  When excavated material is hauled away or is unsuitable for backfill, suitable granular backfill as determined by the Director of Public Works shall be used.

(b)        For a period of three (3) 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 Director of Public Works, 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 Director of Public Works.

(4)        Pavement Cuts.  All proposed pavement cut applications shall require the prior review and approval of the Director of Community Development and shall include a completion schedule.  Upon completion of the pavement cut and restoration of the pavement, there shall be a final inspection by the Village.  The utility’s failure to complete the pavement cut or to restore the pavement in a timely manner to the reasonable satisfaction of the Village shall be deemed a violation of this Article by the utility.  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 limitations set forth in this paragraph (4) is permitted under Section 17-621, the following requirements shall apply:

(a)        Any excavation under pavements shall be backfilled as soon as practicable with granular material of CA-6 or CA-10 gradation, as designated by the Director of Public Works. 

(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 Village.

(c)        All saw cuts shall be full depth.

(d)        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.

(a)        Casing pipe shall be designed to withstand the load of the highway and any other superimposed loads.  The casing shall be continuous either by one-piece fabrication or by welding or jointed installation approved by the Village.

(b)        The venting, if any, of any encasement shall extend within one foot (0.3 m) of the right-of-way line.  No above-ground vent pipes shall be located in the area established as clear zone for that particular section of the highway.

(c)        In the case of water main or service crossing, encasement shall be furnished between bore pits unless continuous pipe or Village approved jointed pipe is used under the roadway.  Casing may be omitted only if pipe is installed prior to highway construction and carrier pipe is continuous or mechanical joints are of a type approved by the Village.  Bell and spigot type pipe shall be encased regardless of installation method.

(d)        In the case of gas pipelines of 60 psig or less, encasement may be eliminated.

(e)        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.

(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.

(g)        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 the Village)

Gas or Petroleum Products

 

30 inches (0.8 m)

Water Line

 

Sufficient Cover to Provide Freeze Protection

Sanitary Sewer, Storm Sewer, or Drainage Line

 

Sufficient Cover to Provide Freeze Protection

(B)       Standards and Requirements for Particular Types of Facilities.

(1)        Electric Power or Communication Lines.

(a)        Code Compliance.  Electric power or communications facilities within Village rights-of-way shall be constructed, operated, and maintained in conformity with the provisions of 83 Ill. Adm. Code 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. In addition, installation of an electrical service shall require the review and approval of the Director of Community Development and shall include a completion schedule.  Upon completion of the installation and restoration, there shall be a final inspection by the Village.  The utility’s failure to complete the installation and restoration in a timely manner to the reasonable satisfaction of the Village shall be deemed a violation of this Article by the Utility

(b)        Overhead Facilities.  If overhead facilities have been permitted by the Village under Section 17-615, the overhead power or communication facilities shall use single pole construction and, where practicable, joint use of poles shall be used.  Utilities shall make every reasonable effort to design the installation so guys and braces will not be needed.  Variances may be allowed if there is no feasible alternative and if guy wires are equipped with guy guards for maximum visibility.

(c)        Underground Facilities.  (1) Cable may be installed by trenching or plowing, provided that special consideration is given to boring in order to minimize damage when crossing improved entrances and side roads.  (2) If a crossing is installed by boring or jacking, encasement shall be provided between jacking or bore pits.  Encasement may be eliminated only if (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.

d.         Burial of Drops.  All temporary service drops placed between November 1 of the prior year and March 15 of the current year, also known as snowdrops, shall be buried by May 31 of the current year, weather permitting, unless otherwise permitted by the Village.  Weather permitting, utilities shall bury all temporary drops, excluding snowdrops, within 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:

(a)        The use of "moles," "whip augers," or other approved methods which compress the earth to move the opening for the pipe;

(b)        Jacking or boring with vented encasement provided between the ditch lines or toes of slopes of the highway;

(c)        Open trench with vented encasement between ultimate ditch lines or toes of slopes, but only if prior to roadway construction; or

(d)        Tunneling with vented encasement, but only if installation is not possible by other means.

(3)        Gas Transmission, Distribution and Service.  Gas pipelines within rights-of-way shall be constructed, maintained, and operated in a Village approved manner and in conformance with the Federal Code of the Office of Pipeline Safety Operations, Department of Transportation, Part 192 - Transportation of Natural and Other Gas by Pipeline: Minimum Federal Safety Standards (49 CFR 192), IDOT's "Standard Specifications for Road and Bridge Construction," and all other applicable laws, rules, and regulations.

(4)        Petroleum Products Pipelines.  Petroleum products pipelines within rights-of-way shall conform to the applicable sections of ANSI Standard Code for Pressure Piping. (Liquid Petroleum Transportation Piping Systems ANSI-B 31.4).

(5)        Water Lines, 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" and Village standards.

(6)        Ground-Mounted Appurtenances.  Ground-mounted appurtenances to overhead or underground facilities, when permitted within a right-of-way by variance, 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 Director of Public Works.  With the approval of the Director of Public Works, 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" and Village standards, 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.  All pipe, conduit, wire, poles, cross arms, or other materials shall be distributed along the right-of-way prior to and during installation in a manner to minimize hazards to the public or an obstacle to right-of-way maintenance or damage to the right-of-way and other property.  If material is to be stored on right-of-way, prior approval must be obtained from the Village.  No materials may be stored in the floodway or floodplain.

(3)        Hazardous Materials.  The plans submitted by the utility to the Village shall identify any hazardous materials that may be involved in the construction of the new facilities or removal of any existing facilities.

(D)       Operational Restrictions.

(1)        Construction operations on rights-of-way may, at the discretion of the Village, be required to be discontinued when such operations would create hazards to traffic or the public health, safety, and welfare.  Such operations may also be required to be discontinued or restricted when conditions are such that construction would result in extensive damage to the right-of-way or other property.

(2)        These restrictions may be waived by the Director of Public Works when emergency work is required to restore vital utility services.

(3)        Unless otherwise permitted by the Village, the hours of construction shall be between 7:00 a.m. and 7:00 p.m.

(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 aboveground and underground Facilities within the Public Ways to be occupied by its proposed Facilities.  The Village will make its permit records available to an Entity for the purpose of assisting in the identification of possible Facilities.  The permit records information shall not be considered a warranty of the accuracy of the information provided. When notified of an excavation or when requested by the Village or by J.U.L.I.E., an Entity shall locate and physically mark its underground Facilities within forty-eight (48) hours, excluding weekends and holidays, in accordance with the Illinois Underground Facilities Damage Prevention Act (220 ILCS 50/1 et seq.)

Sec. 17-617.    Vegetation Control.  [back to top]

(A)       Electric UtilitiesCompliance 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 Article.

(1)        Application for Tree Trimming Permit.  Applications for tree trimming permits shall include assurance that the work will be accomplished by competent workers with supervision who are experienced in accepted tree pruning practices.  Tree trimming permits shall designate an expiration date in the interest of assuring that the work will be expeditiously accomplished.

(2)        Damage to Trees.  Poor pruning practices resulting in damaged or misshapen trees will not be tolerated and shall be grounds for cancellation of the tree trimming permit and for assessment of damages.  The Village will require compensation for trees extensively damaged and for trees removed without authorization.  The formula developed by the International Society of Arboriculture will be used as a basis for determining the compensation for damaged trees or unauthorized removal of trees.  The Village may require the removal and replacement of trees if trimming or radical pruning would leave them in an unacceptable condition.

(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 Director of Public Works that such spraying is the only practicable method of vegetation control.

Sec. 17-618.    Removal, Relocation, or Modifications of Utility Facilities.  [back to top]

(A)       Notice.  Within ninety (90) days following written notice from the Village, a utility shall, at its own expense, temporarily or permanently 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 public rights-of-way shall, at its own expense, remove all or any part of such facilities or appurtenances from the public rights-of-way.  A facility is unauthorized and subject to removal in the following circumstances:

(1)        Upon expiration or termination of the permittee's license or franchise, unless otherwise permitted by applicable law;

(2)        If the facility was constructed or installed without the prior grant of a license or franchise, if required;

(3)        If the facility was constructed or installed without prior issuance of a required permit in violation of this Article; or

(4)        If the facility was constructed or installed at a location not permitted by the permittee's license or franchise.

(C)       Emergency Removal or Relocation of Facilities.  The Village retains the right and privilege to cut or move any facilities located within the rights-of-way of the Village, as the Village may determine to be necessary, appropriate or useful in response to any public health or safety emergency.  If circumstances permit, the Village 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 public rights-of-way of the Village, the utility shall notify the Village within ninety (90) days.  Following receipt of such notice the Village may direct the utility to remove all or any portion of the facility if the Director of Public Works 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 the abandoned facility be removed, 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 at the Village's sole discretion.

Sec. 17-619.    Cleanup and Restoration.  [back to top]

Upon completion of all construction or maintenance of facilities, the utility shall remove all excess material and restore all turf and terrain in a timely manner and 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 Director of Public Works.  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 and as per Village standards.

Sec. 17-620.    Maintenance and Emergency Maintenance.  [back to top]

(A)       General.  Facilities on, over, above, along, upon, under, across, or within rights-of-way are to be maintained by or for the utility in a manner satisfactory to the Village and at the utility's expense.

(B)       Emergency Maintenance Procedures.  Emergencies may justify noncompliance with normal procedures for securing a permit:

(1)        If an emergency creates a hazard on the traveled portion of the right-of-way, the utility shall take immediate steps to provide all necessary protection for traffic on the highway or the public on the right-of-way including the use of signs, lights, barricades or flaggers.  If a hazard does not exist on the traveled way but the nature of the emergency is such as to require the parking on the shoulder of equipment required in repair operations, adequate signs and lights shall be provided.  Parking on the shoulder in such an emergency will only be permitted when no other means of access to the facility is available.

(2)        In an emergency, the utility shall, as soon as possible, notify the Director of Public Works 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 of a description of the repairs undertaken in the right-of-way within forty-eight (48) hours after an emergency repair.

(D)      Landscape Maintenance.  All landscaping installed pursuant to this Article shall be maintained by the person or Entity owning, controlling or maintaining the adjacent Facility in good and reasonable condition.  Any person or Entity failing to maintain any such landscaping after receiving written notice from the Village Engineer that the landscaping is in need of maintenance shall not be issued any permits for the installation of new Facilities until the deficient landscaping has been restored to good and reasonable condition. 

Sec. 17-621.    Variances.  [back to top]

(A)      Request for Variance.  A utility requesting a variance from one or more of the provisions of this Article must do so in writing to the Director of Public Works as a part of the permit application.  The request shall identify each provision of this Article from which a variance is requested and the reasons why a variance should be granted.

(B)       Authority to Grant Variances.  The Director of Public Works shall decide whether a variance is authorized for each provision of this Article identified in the variance request on an individual basis.

(C)      Conditions for Granting of Variance.  The Director of Public Works 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 Director of Public Works may require the utility requesting the variance to meet reasonable standards and conditions that may or may not be expressly contained within this Article but which carry out the purposes of this Article.

(E)       Right to Appeal.  Any utility aggrieved by any order, requirement, decision or determination, including denial of a variance, made by the Director of Public Works under the provisions of this Article shall have the right to appeal to the Board of Trustees, or such other board or commission as it may designate.  The application for appeal shall be submitted in writing to the Village Clerk within thirty (30) days after the date of such order, requirement, decision or determination.  The Board of Trustees shall commence its consideration of the appeal at its next regularly scheduled meeting occurring at least seven (7) days after the filing of the appeal.  The Board of Trustees shall timely decide the appeal.

Sec. 17-622.    Penalties.  [back to top]

Any person who violates, disobeys, omits, neglects or refuses to comply with any of the provisions of this Article shall be subject to a fine of not less than $250.00 nor more than $750.00 for each offense, and a separate offense shall be deemed committed for each and every day during which a violation continues or exists.  There may be times when the Village will incur delay or other costs, including third party claims, because the utility will not or cannot perform its duties under its permit and this Article.  Unless the utility shows that another allocation of the cost of undertaking the requested action is appropriate, the utility shall bear the Village's costs of damages and its costs of installing, maintaining, modifying, relocating, or removing the facility that is the subject of the permit.  No other administrative agency or commission may review or overrule a permit related cost apportionment of the Village.  Sanctions may be imposed upon a utility who does not pay the costs apportioned to it.

Sec. 17-623.    Enforcement.  [back to top]

Nothing in this Article shall be construed as limiting any additional or further remedies that the Village may have for enforcement of this Article.

Sec. 17-624.    Severability.  [back to top]

If any section, subsection, sentence, clause, phrase or portion of this Article 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.

   


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