8-1-9: LOCATION OF FACILITIES:
   A.   General Requirements: In addition to location requirements applicable to specific types of facilities, all facilities, regardless of type, shall be subject to the general location requirements of this subsection. (Ord. 2008-11, 1-28-2008)
      1.   Interference With Village Facilities Prohibited: No facilities shall be placed in any location if the Village Engineer determines that the proposed location will require the relocation or displacement of any of the Village facilities or will otherwise interfere with the operation or maintenance of any of the Village facilities. (Ord. 2008-11, 1-28-2008; amd. 2012 Code; Ord. 2017-42, 11-13-2017)
      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.   Interference With Travel Prohibited: No facilities shall be placed in any location that interferes with the usual, intended and customary pedestrian and vehicular travel on such right-of-way.
      4.   No Limitations On Visibility: No facilities 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: Overhead parallel facilities may be located only on existing poles that are within the right-of-way of a highway. If no poles exist within the portion of the right-of-way proposed to be utilized for placement of overhead parallel facilities, then such overhead parallel facilities shall be placed underground in accordance with this chapter unless otherwise permitted pursuant to this chapter.
      2.   Underground Parallel Facilities: Underground parallel facilities may be located within the right-of-way of a highway only if:
         a.   The facilities are located as near the right-of-way boundary as practicable and not more than eight feet (8') (2.4 m) from and parallel to the right-of-way boundary;
         b.   Facilities 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 an existing conduit without disrupting the pavement); and
         c.   In the case of an underground power or communications line, all facilities shall be located as near the right-of-way boundary as practicable and not more than five feet (5') (1.5 m) from the right-of-way boundary, and any aboveground appurtenance shall be located within one foot (1') (0.3 m) of the right-of-way boundary or as near as practicable.
   C.   Facilities Crossing Highways:
      1.   No Future Disruption: The construction and design of crossing facilities installed between the ditch boundary or curb boundary 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.   Cattle Passes, Culverts, Or Drainage Facilities: Crossing facilities shall not be located in cattle passes, culverts, or drainage facilities.
      3.   Ninety Degree Crossing Required: Crossing facilities shall cross at or as near to a ninety degree (90°) angle to the centerline as practicable.
      4.   Overhead Power Or Communication Facility: An overhead power or communication facility may not cross a roadway or highway.
      5.   Underground Power Or Communication Facility: An underground power or communication facility may cross a roadway or 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 boundary where any underground facilities other than a power or communication facility crosses a roadway or 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 CFR section 192.707 (1989)).
   D.   Location 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. (Ord. 2008-11, 1-28-2008)
   E.   Freestanding Facilities:
      1.   The Village may restrict the location and size of any freestanding facilities located within a right-of-way as determined by the Village Engineer.
      2.   The Village may require any freestanding facilities located within a right-of-way to be screened from view as determined by the Village Engineer. (Ord. 2008-11, 1-28-2008; amd. 2012 Code; Ord. 2017-42, 11-13-2017)
   F.   Aboveground Facilities: Aboveground facilities may be installed only if: (Ord. 2008-11, 1-28-2008; amd. 2012 Code)
      1.   New underground installation is not technically feasible, as determined by the Village Engineer in his sole discretion; and
      2.   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, as determined by the Village Engineer in his sole discretion. Suitable designs include, but are not limited to, self-supporting armless, single pole construction with vertical configuration of conductors and cable. Existing utility poles shall be used wherever practicable. (Ord. 2008-11, 1-28-2008; amd. 2012 Code; Ord. 2017-42, 11-13-2017)
   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 facilities 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 the installation of facilities on a bridge or roadway structure, supporting data demonstrating the impracticability of alternate routing. Approval or disapproval of an application for attachment of facilities 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 facilities;
         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 facilities;
         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 and streetscape aesthetics. (Ord. 2008-11, 1-28-2008)
      2.   Facilities may be constructed only if its construction does not require extensive removal or alteration of trees or terrain features visible to the right-of-way user or to adjacent residents and property owners, and if it does not impair the aesthetic quality of the lands being traversed as determined by the Village Engineer in his sole reasonable discretion. (Ord. 2008-11, 1-28-2008; amd. 2012 Code; Ord. 2017-42, 11-13-2017)