(a) The purpose of this chapter is to provide requirements for the use of occupancy of any and all rights of way in the Municipality, and for the issuance of permits to persons for such use or occupancy, and to set forth the policies of the Municipality related thereto.
(b) This chapter does not take the place of any franchise, license or permit which may be additionally required by law. Each permittee shall obtain any and all such additional franchises, licenses or permits necessary to the operation and conduct of its business.
(c) The Village Administrator is hereby granted the authority and duty of enforcing the provisions of this chapter.
(d) No person shall use, occupy, own or operate facilities in, under or over any rights of way or any public property within the Municipality unless such person first obtains a permit and conforms to the requirements set forth therein and in this chapter.
(e) Persons who have obtained approvals for use, occupancy and/or ownership of facilities within a right of way, under the Village's Zoning Code, shall not be required to obtain an additional permit under this chapter. Documentation and notification procedures for right of way activity shall still apply.
(f) The policy of the Municipality with regard to rights of way is hereby declared to be:
(1) To promote public safety and protect public property;
(2) To promote the utilization of rights of way for the public health, safety and welfare in the Municipality;
(3) To promote the availability of a wide range of utility, communication and other services to the Municipality's citizens and taxpayers at reasonable rates;
(4) To promote cooperation between the Municipality and permittees in the occupation of rights of way, and work therein, in order to minimize public inconvenience during right of way work, and uneconomic, unneeded and unsightly duplication of facilities;
(5) To ensure adequate public compensation for private use of the rights of way and the regulations thereof;
(6) To promote and require reasonable accommodation of all uses of rights of way and to establish the following priority of use of rights of way when all requested usage of rights of way by permittees cannot be accommodated:
A. Use by the Municipality shall have first priority;
B. Use by another governmental entity, with the Municipality's concurrence, or other uses required by law, shall have second priority;
C. Franchise permittees shall have third priority;
D. General permittees shall have fourth priority;
E. Special permittees shall have fifth priority; and
F. Residential permittees shall have sixth priority.
However, the Village Administrator may reasonably require right of way permittees to cooperate to accommodate use by other permittees. Further, the Village Administrator may alter this priority when the Village Administrator reasonably determines a deviation herefrom to be in the public interest.
(7) To protect the value of private property by setting minimum aesthetic standards for uses in public property.
(g) Nothing in this chapter should be construed to apply to facilities owned or operated by the Municipality or any of its operations.
(h) Unless otherwise specifically stated in a permit or in a franchise, all permits granted hereunder shall be non-exclusive.
(Ord. 99-21. Passed 7-20-99.)