(A) No person shall construct (as defined in this subchapter) any facility on, over, above, along, upon, under, across, or within any village right-of-way which changes the location of the facility, adds a new facility, disrupts the right-of-way (as defined in this subchapter), 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 Village Comptroller and obtaining a permit from the village therefor, except as otherwise provided in this subchapter. 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) All applications for permits pursuant to this section shall be filed on a form provided by the village and shall be filed in such number of duplicate copies as the village 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) The application shall be made by the utility or its duly authorized representative and shall contain, at a minimum, the following:
(1) The applicant's name and address, its telephone, facsimile numbers, email address, and its interest in the work;
(2) 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;
(3) A general description of the proposed work and the purposes and intent of the facility and the uses to which the facility will be put. 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;
(4) If the applicant is a utility, evidence that it has placed on file with the village:
(a) A written traffic control plan demonstrating the protective 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 to efficient pedestrian and vehicular traffic; and
(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 village 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 village finds that additional information or assurances are needed;
(5) 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;
(8) Any request for a variance from one or more provisions of this subchapter; and
(9) Such additional information as may be reasonably required by the village.
(D) In addition to the requirements of division (C) of this section, the permit application shall include the following items as applicable to specific utilities that are the subject of a permit application:
(1) In the case of new electric power, communications or natural gas distribution system installation, evidence that any "Certificate of Public Convenience and Necessity" has been issued by the ICC that the applicant is required by law, or has elected, to obtain;
(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 Illinois Environmental Protection Agency, Division of Public Water Supplies, have been satisfied;
(4) In the case of sewer line installations, indicate that the land and water pollution requirements of the Illinois Environmental Protection Agency, Division of Water Pollution Control and the Metropolitan Water Reclamation District, 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) 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 applicant in writing to the village within 30 days after the change necessitating the amendment.
(F) Unless otherwise provided by franchise, license, or similar agreement, all applications for permits pursuant to this section shall be accompanied by a fee. No application fee is required to be paid by any telecommunications retailer that is paying the optional state telecommunications infrastructure maintenance fee pursuant to the Telecommunications Municipal Infrastructure Maintenance Fee Act, or by any electricity utility that is paying the municipal electricity infrastructure maintenance fee pursuant to the Electricity Infrastructure Maintenance Fee Act. Notwithstanding anything to the contrary in this division, the applicant shall be responsible for any and all costs incurred by the village in connection with the application process, including, but not limited to reasonable and necessary charges incurred for the Village Engineer. The applicant shall remain responsible for all costs incurred by the village, including, but not limited to, reasonable and necessary charges incurred for the Village Engineer to make periodic and appointed site visits for the purpose of assessing the progress and quality of the work.
(Ord. 7-50, passed 7-18-07)