CHAPTER 7
CONSTRUCTION OF UTILITY FACILITIES IN THE RIGHTS OF WAY
CONSTRUCTION OF UTILITY FACILITIES IN THE RIGHTS OF WAY
SECTION:
8-7-1: Purpose And Scope
8-7-2: Definitions
8-7-3: Annual Registration Required
8-7-4: Permit Required; Applications And Fees
8-7-5: Action On Permit Applications
8-7-6: Effect Of Permit
8-7-7: Revised Permit Drawings
8-7-8: Insurance
8-7-9: Indemnification
8-7-10: Security
8-7-11: Permit Suspension And Revocation
8-7-12: Change Of Ownership Or Owner's Identity Or Legal Status
8-7-13: General Construction Standards
8-7-14: Traffic Control
8-7-15: Location Of Facilities
8-7-16: Construction Methods And Materials
8-7-17: Trees And Vegetation Control
8-7-18: Removal, Relocation, Or Modifications Of Utility Facilities
8-7-19: Cleanup And Restoration
8-7-20: Maintenance And Emergency Maintenance
8-7-21: Variances
8-7-22: Penalties
8-7-23: Enforcement
A. Purpose: The purpose of this chapter is to establish policies and procedures for constructing facilities on rights of way within the village of Antioch's jurisdiction, which will provide public benefit consistent with the preservation of the integrity, safe usage, and visual qualities of the village of Antioch rights of way and the village of Antioch as a whole.
B. Intent: In enacting this chapter, the village of Antioch intends to exercise its authority over the rights of way in the village of Antioch and, in particular, the use of the public ways and property by utilities, by establishing uniform standards to address issues presented by utility facilities, including, without limitation:
1. Prevent interference with the use of streets, sidewalks, alleys, parkways and other public ways and places;
2. Prevent the creation of visual and physical obstructions and other conditions that are hazardous to vehicular and pedestrian traffic;
3. Prevent interference with the facilities and operations of the village's utilities and of other utilities lawfully located in rights of way or public property;
4. Protect against environmental damage, including damage to trees, from the installation of utility facilities;
5. Protect against increased stormwater runoff due to structures and materials that increase impermeable surfaces;
6. Preserve the character of the neighborhoods in which facilities are installed;
7. Prevent visual blight from the proliferation of facilities in the rights of way; and
8. Assure the continued safe use and enjoyment of private properties adjacent to utility facilities locations.
C. Facilities Subject To This Chapter: This chapter applies to all facilities on, over, above, along, upon, under, across, or within the rights of way within the jurisdiction of the village of Antioch. A facility lawfully established prior to the effective date of this chapter may continue to be maintained, repaired and operated by the utility as presently constructed and located, except as may be otherwise provided in any applicable franchise, license or similar agreement.
D. Franchises, Licenses, Or Similar Agreements: The village of Antioch, in its discretion and as limited by law, may require utilities to enter into a franchise, license or similar agreement for the privilege of locating their facilities on, over, above, along, upon, under, across, or within the village of Antioch rights of way. Utilities that are not required by law to enter into such an agreement may request that the village of Antioch enter into such an agreement. In such an agreement, the village of Antioch 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 village of Antioch, such franchise, license or similar agreement shall govern and control during the term of such agreement and any lawful renewal or extension thereof.
2. Telecommunications Providers: In the event of any conflict with, or inconsistency between, the provisions of this chapter and the provisions of any franchise, license or similar agreement between the village of Antioch and any telecommunications provider, the provisions of such franchise, license or similar agreement shall govern and control during the term of such agreement and any lawful renewal or extension thereof.
F. Conflicts With Other Chapters: This chapter supersedes all chapters or parts of chapters adopted prior hereto that are in conflict herewith, to the extent of such conflict.
G. Conflicts With State And Federal Laws: In the event that applicable federal or state laws or regulations conflict with the requirements of this chapter, the utility shall comply with the requirements of this chapter to the maximum extent possible without violating federal or state laws or regulations.
H. Sound Engineering Judgment: The village of Antioch shall use sound engineering judgment when administering this chapter and may vary the standards, conditions, and requirements expressed in this chapter when the village of Antioch so determines. Nothing herein shall be construed to limit the ability of the village of Antioch to regulate its rights of way for the protection of the public health, safety and welfare. (Ord. 09-12-41, 12-7-2009)
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 Illinois administrative code section 530.30, unless the context clearly requires otherwise.
AASHTO: American Association Of State Highway And Transportation Officials.
ANSI: American National Standards Institute.
ASTM: American Society For Testing And Materials.
APPLICANT: A person applying for a permit under this chapter.
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 USC 522(5).
CABLE SERVICE: That term as defined in 47 USC 522(6).
CABLE SYSTEM: That term as defined in 47 USC 522(7).
CARRIER PIPE: The pipe enclosing the liquid, gas or slurry to be transported.
CASING: A structural protective enclosure for transmittal devices such as: carrier pipes, electrical conductors, and fiber optic devices.
CLEAR ZONE: The total roadside border area, starting at the edge of the pavement, available for safe use by errant vehicles. This area may consist of a shoulder, a recoverable slope, a nonrecoverable slope, and a clear runout area. The desired width is dependent upon the traffic volumes and speeds, and on the roadside geometry. Distances are specified in the AASHTO "Roadside Design Guide".
COATING: Protective wrapping or mastic cover applied to buried pipe for protection against external corrosion.
CODE: The municipal code of the village of Antioch.
CONDUCTOR: Wire carrying electrical current.
CONDUIT: A casing or encasement for wires or cables.
CONSTRUCTION OR CONSTRUCT: The installation, repair, maintenance, placement, alteration, enlargement, demolition, modification or abandonment in place of facilities.
COVER: The depth of earth or backfill over buried utility pipe or conductor.
CROSSING FACILITY: A facility that crosses one or more right of way lines of a right of way.
DISRUPT THE RIGHT OF WAY: For the purposes of this chapter, any work that obstructs the right of way or causes a material adverse effect on the use of the right of way for its intended use. Such work may include, without limitation, the following: excavating or other cutting; placement (whether temporary or permanent) of materials, equipment, devices, or structures; damage to vegetation; and compaction or loosening of the soil, and shall not include the parking of vehicles or equipment in a manner that does not materially obstruct the flow of traffic on a highway.
EMERGENCY: Any immediate maintenance to the facility required for the safety of the public using or in the vicinity of the right of way or immediate maintenance required for the health and safety of the general public served by the utility.
ENCASEMENT: Provision of a protective casing.
ENGINEER: The village of Antioch's engineer or his or her designee.
EQUIPMENT: Materials, tools, implements, supplies, and/or other items used to facilitate construction of facilities.
EXCAVATION: The making of a hole or cavity by removing material, or laying bare by digging.
EXTRA HEAVY PIPE: Pipe meeting ASTM standards for this pipe designation.
FACILITY: All structures, devices, objects, and materials (including, but not limited to, track and rails, wires, ducts, fiber optic cable, antennas, vaults, boxes, equipment enclosures, cabinets, pedestals, poles, conduits, grates, covers, pipes, cables, and appurtenances thereto) located on, over, above, along, upon, under, across, or within rights of way under this chapter. For purposes of this chapter, the term "facility" shall not include any facility owned or operated by the village of Antioch.
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 the village of Antioch engineer to pose an unreasonable and imminent risk to the life, health or safety of persons or property or to the ecological balance of the environment, including, but not limited to, explosives, radioactive materials, petroleum or petroleum products or gases, poisons, etiology (biological) agents, flammables, corrosives or any substance determined to be hazardous or toxic under any federal or state law, statute or regulation.
HIGHWAY: A specific type of right of way used for vehicular traffic including rural or urban roads or streets. "Highway" includes all highway land and improvements, including roadways, ditches and embankments, bridges, drainage structures, signs, guardrails, protective structures and appurtenances necessary or convenient for vehicle traffic.
HIGHWAY CODE: The Illinois highway code, 605 Illinois Compiled Statutes 5/1-101 et seq., as amended from time to time.
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 Illinois Compiled Statutes 5/21-401.
ICC: Illinois commerce commission.
IDOT: Illinois department of transportation.
JULIE: The joint utility locating information for excavators utility notification program.
JACKING: Pushing a pipe horizontally under a roadway by mechanical means with or without boring.
JETTING: Pushing a pipe through the earth using water under pressure to create a cavity ahead of the pipe.
JOINT USE: The use of pole lines, trenches or other facilities by two (2) or more utilities.
MAJOR INTERSECTION: The intersection of two (2) or more major arterial highways.
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 a facility or for the construction of a facility.
PETROLEUM PRODUCTS PIPELINES: Pipelines carrying crude or refined liquid petroleum products including, but not limited to, gasoline, distillates, propane, butane, or coal slurry.
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).
PROMPT: That which is done within a period of time specified by the village of Antioch. If no time period is specified, the period shall be thirty (30) days.
PUBLIC ENTITY: A legal entity that constitutes or is part of the government, whether at local, state or federal level.
RESTORATION: The repair of a right of way, highway, roadway, or other area disrupted by the construction of a facility.
RIGHT OF WAY OR RIGHTS OF WAY: Any street, alley, other land or waterway, dedicated or commonly used for pedestrian or vehicular traffic or other similar purposes, including utility easements, in which the village of Antioch has the right and authority to authorize, regulate or permit the location of facilities other than those of the village of Antioch. "Right of way" or "rights of way" shall not include any real or personal village of Antioch property that is not specifically described in the previous two (2) sentences and shall not include village of Antioch buildings, fixtures and other structures or improvements, regardless of whether they are situated in the right of way.
ROADWAY: That part of the highway that includes the pavement and shoulders.
SALE OF TELECOMMUNICATIONS AT RETAIL: The transmitting, supplying, or furnishing of telecommunications and all services rendered in connection therewith for a consideration, other than between a parent corporation and its wholly owned subsidiaries or between wholly owned subsidiaries, when the gross charge made by one such corporation to another such corporation is not greater than the gross charge paid to the retailer for their use or consumption and not for sale.
SECURITY FUND: That amount of security required pursuant to section 8-7-10 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 nontraffic sensitive service for a single customer that entitles the customer to exclusive or priority use of a communications channel, or a group of such channels, from one or more specified locations to one or more other specified locations. "Telecommunications" shall not include value added services in which computer processing applications are used to act on the form, content, code and protocol of the information for purposes other than transmission. "Telecommunications" shall not include purchase of telecommunications by a telecommunications service provider for use as a component part of the service provided by such provider to the ultimate retail consumer who originates or terminates the end to end communications. "Telecommunications" shall not include the provision of cable services through a cable system as defined in the cable communications act of 1984 (47 USC section 521 and following), as now or hereafter amended, or cable or other programming services subject to an open video system fee payable to the village of Antioch through an open video system as defined in the rules of the federal communications commission (47 CFR section 76.1500 and following), as now or hereafter amended.
TELECOMMUNICATIONS PROVIDER: 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 Illinois Compiled Statutes 21-201(v).
VILLAGE: The village of Antioch.
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. (Ord. 09-12-41, 12-7-2009)
Every utility that occupies right of way within the village of Antioch shall register on January 1 of each year with the engineer, providing the utility's name, address and regular business telephone and telecopy numbers, the name of one 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 8-7-8 of this chapter, in the form of a certificate of insurance. (Ord. 09-12-41, 12-7-2009)
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