(A) The purpose of this chapter is to establish requirements for the use of rights-of-way in the village. No person shall use any rights-of-way or any public property within the village for any purpose unless the person conforms to the requirements set forth in this chapter.
(B) This chapter does not take the place of any franchise, license, or permit which may be additionally required.
(C) The Village Administrator is hereby granted the authority and duty of enforcing the provisions of this chapter.
(D) The policy of the village with respect to rights-of-way is as follows:
(1) To promote public safety and protect public and private property;
(2) To promote the best utilization of rights-of-way to protect the public health, safety, and welfare and to promote economic development in the village;
(3) To promote cooperation among the village and right-of-way users in order to minimize public inconvenience during right-of-way work, and to minimize uneconomic, unneeded and unsightly duplication of facilities;
(4) (a) 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:
1. First priority: use by the village;
2. Second priority: use by another governmental entity;
3. Third priority: use by franchise holders;
4. Fourth priority: use by utilities serving the public but without a franchise; and
5. Sixth priority: use by individuals
(b) The Village Administrator may reasonably require users of the rights-of-way to cooperate to accommodate other users. The Village Administrator may alter this priority when it is determined a deviation therefrom to be in the public interest.
(5) To protect the value of private property by setting minimum aesthetic standards for uses of public property;
(6) To require underground placement of all facilities in areas with existing underground facilities;
(7) To require the improvement of existing areas to underground facilities at the user’s expense; and
(8) To minimize the impact on existing facilities and/or utilities including landscaping.
(Ord. 1253-99, passed 5-11-1999)