CHAPTER 12: ANNEXATIONS, PUBLIC WAYS AND PROPERTIES
      Article
         1.   ANNEXATIONS
         2.   BUILDING NUMBERING SYSTEM
         3.   STREETS, SIDEWALKS AND DRIVEWAYS
         4.   DITCHES, DRAINS AND DRAINAGE STRUCTURES
         5.   CONSTRUCTION OF FACILITIES IN THE RIGHTS-OF-WAY
         6.   MAINTENANCE AND REPAIR OF UTILITY FACILITIES IN THE RIGHTS-OF-WAY
         7.   SMALL WIRELESS FACILITIES
ARTICLE 1:  ANNEXATIONS
Section
   12-1-1   Fees established; rates
   12-1-2   Payment of fees
   12-1-3   Annexation ordinance
   12-1-4   No buildings or improvements until payment of fees
Cross-reference:
   Extension of annexation agreements, see § 15-7-1
§ 12-1-1  FEES ESTABLISHED; RATES.
   In consideration of annexation of any real estate to the village, there shall be paid to the village for each acre of property so annexed the following amounts in accordance with the zoning established for such property by ordinance.
 
 
Per Acre
Business Districts - All
$600
Industrial Districts - All
$600
Residential Districts R-1 and R-2
$600
Residential Districts R-3 and R-4
$600
 
(Ord. 2000-03-18, passed 3-20-2000)
§ 12-1-2  PAYMENT OF FEES.
   Annexation fees shall be paid to the village prior to the recordation of the ordinance annexing the property.
(Ord. 2003-03-11, passed 3-17-2003)
§ 12-1-3  ANNEXATION ORDINANCE.
   (A)   Each annexation ordinance shall contain a clause making the payment of annexation fees a binding obligation upon the successors in title of the person requesting the annexation.
   (B)   The annexation ordinance shall be recorded by the Village Clerk in the office of the DuPage County Recorder of Deeds, thereby making the obligations under the ordinance a matter of public record to any successors in title of the owner at the time the property is annexed.
   (C)   The Village Clerk shall also file a certified copy of the annexation ordinance with the following:
      (1)   DuPage County Clerk;
      (2)   DuPage County Board of Election Commissioners;
      (3)   Northern Illinois Gas Company;
      (4)   Commonwealth Edison Company;
      (5)   Illinois Bell Telephone;
      (6)   United States Post Office; and
      (7)   Illinois Department of Revenue.
§ 12-1-4  NO BUILDINGS OR IMPROVEMENTS UNTIL PAYMENT OF FEES.
   No buildings or improvements shall be made on any properties so annexed until payment in full shall be made of all annexation fees. Nothing herein contained shall be construed as compelling the village to make any extension or improvements or to expend any moneys for such purpose.
ARTICLE 2:  BUILDING NUMBERING SYSTEM
Section
   12-2-1   Building numbering system established
   12-2-2   Base lines
   12-2-3   Numbers per mile
   12-2-4   Street numbers to be displayed; size; location
   12-2-5   Even, odd numbers
   12-2-6   Numbering on adjacent, abutting streets
   12-2-7   Numbering to be continuous; changes in directions
§ 12-2-1  BUILDING NUMBERING SYSTEM ESTABLISHED.
   In order to maintain uniformity and continuity in the number of postal addresses in the village, and to show the location of addresses to Fire and Police Departments and other agencies requiring ready knowledge of building locations, the system of grid building numbering set forth hereinafter is hereby established.
§ 12-2-2  BASE LINES.
   The 100 north, 100 south base line of the numbering system of the village is a line running east and west parallel to section lines, and such base line shall run through the center of the intersection of Gary Avenue and North Avenue, and the 100 east, 100 west base line is a line running north and south down the centerline of the public right-of-way of Gary Avenue.
§ 12-2-3  NUMBERS PER MILE.
   There shall be an assumed 500 building numbers per mile. Building numbers shall be assigned on the basis of number of feet of street frontage, in increments of 21 feet per odd or even number. Only one number will be assigned per occupiable building or dwelling unit and this number shall be the number given by the addition of the last increment of 21 feet. Thus, if a building has a street frontage of 60 feet and is the first building on the even side of the street, it will be assigned the number “106”.
§ 12-2-4  STREET NUMBERS TO BE DISPLAYED; SIZE; LOCATION.
   (A)   All buildings in the village must display street numbers of the building address. Buildings under construction shall display building numbers prior to the issuance of an occupancy permit.
   (B)   The street numbers must be displayed in a prominent place on the main building, contrasting from the background and clearly visible from the traveled portion of the street on which the building is located, and must be at least six inches high.
   (C)   The street numbers shall be in Arabic numerals and placed to the left, right or above the main entrance doorway. If this location is not visible from the street, the numerals may be located near the garage doorway or any other portion of the building which is clearly visible from the roadway.
§ 12-2-5  EVEN, ODD NUMBERS.
   All even numbers in the numbering system of the village shall fall on the south and west sides of the streets, and all odd numbers shall fall on the north and east sides of the streets.
§ 12-2-6  NUMBERING ON ADJACENT, ABUTTING STREETS.
   On streets that abut but do not cross, buildings on the corner thus formed shall be determined to face the street where the bulk of the building lies on the side of a line which is the bisector of such street angle intersection.
§ 12-2-7  NUMBERING TO BE CONTINUOUS; CHANGES IN DIRECTIONS.
   Building numbering shall be continuous down each individual street, regardless of the change in general direction of the street. Such directions shall be based on the basic or established direction of such street. Where it becomes apparent that the general direction of any street has made a long continuous change, the change of number shall be made at a street crossing only.
ARTICLE 3:  STREETS, SIDEWALKS AND DRIVEWAYS
Section
   12-3-1   Street names
   12-3-2   Scaffolds, tools over public places
   12-3-3   Articles on windows
   12-3-4   Obstructions generally
   12-3-5   Obstructions to drains
   12-3-6   Supervision and control
   12-3-7   Permit required
   12-3-8   Permit fees
   12-3-9   Location, line and grade of sidewalks and drive approaches
   12-3-10   Driveway approach construction
   12-3-11   Construction of drive approach crossing sidewalk
   12-3-12   Entrance culverts
   12-3-13   Maintenance of unpaved drive approach
   12-3-14   Maintenance of drive
   12-3-15   Abandoning drive approach
   12-3-16   Parkway trees
   12-3-17   Public improvement preservation bond
§ 12-3-1  STREET NAMES.
   Street names within the planning jurisdiction of the village shall be chosen so that they are of a simple phonetic spelling and so that no conflict will be created with the names of existing village streets. For streets within planned unit developments or property developed by the same developer, the street names shall be chosen to carry out a single theme of the development in which the particular street is located. The developer, in coordination with the administrative staff of the village, will propose area themes and street names which will be reviewed by the Plan Commission as part of its review of the final development plan or plat of subdivision.
§ 12-3-2  SCAFFOLDS, TOOLS OVER PUBLIC PLACES.
   Any scaffold or ladder placed in such a position that it overhangs or can fall onto any public street, alley or other public place in the village shall be firmly and properly constructed and safeguarded. It shall be unlawful to place or leave any tool or article on any such place in such a manner that the same can fall into any such street, sidewalk, alley or other public way from a greater height than four feet.
§ 12-3-3  ARTICLES ON WINDOWS.
   It shall be unlawful to place any movable article on any window ledge, or other place abutting on a public street, alley or other place at a height above four feet from the ground, in such a manner that the same can be or is in danger of falling onto such sidewalk, street, alley or other public place.
§ 12-3-4  OBSTRUCTIONS GENERALLY.
   (A)   It shall be unlawful for any person to cause, create or maintain any obstruction upon any street, alley, sidewalk or anywhere within a public right-of-way, except as may be specifically authorized in this code. For the purpose of this section, an OBSTRUCTION may be any person or natural or artificial object or grade of land. Without limiting the powers of the corporate authorities to develop regulations pursuant to this section, the following objects shall be specifically declared to be unlawful obstructions:
      (1)   Objects which are so placed as to interfere with the snowplowing operations of the village;
      (2)   Objects which are so placed as to likely result in damage to any village maintenance or other equipment;
      (3)   Objects which tend to impede the flow of traffic or interfere in a dangerous manner with the visibility of pedestrians, bicyclists or the drivers of motor vehicles;
      (4)   Objects which have been placed at a location in violation of other ordinances of the village;
      (5)   Objects which, by their nature or placement, would be likely to cause injuries to persons or property; and/or
      (6)   Objects which will impede or interfere with the efficient operation of village or other governments to utilize the public right-of-way or facilities placed therein.
   (B)   Any object which constitutes an unlawful obstruction may be removed without regard to the length of time during which it has remained upon the public right-of-way without village permission.
   (C)   No person may be required to remove an unlawful obstruction prior to having received a written notice, by certified or registered mail, that the obstruction is unlawful and having been given a period of not less than ten days to remove the obstruction; provided, however, that, if the obstruction constitutes an immediate danger to public health and safety, it may be removed without the notification having been given. Even under an emergency circumstance, if sufficient time exists to grant a notice to the owner to remove the obstruction, the officials of the village will attempt to give such a notice so long as the identity of the owner is known. After the notice required under this section has been given, and the obstruction has not been removed, the village officials may remove the obstruction using reasonable care.
   (D)   Any obstruction which is brought about as a result of a recreational activity in any street, alley, sidewalk, parkway, or anywhere within a public right-of-way shall be governed by the provisions of § 14-4-5 of this code.
(Ord. 95-08-44, passed 8-21-95)
§ 12-3-5  OBSTRUCTIONS TO DRAINS.
   It shall be unlawful to obstruct any drain in any public street or alley.
§ 12-3-6  SUPERVISION AND CONTROL.
   The maintenance, repair, new construction, curb cut excavation and pavement cut or street openings of streets, sidewalks, alleys, curbs and other public ways shall be supervised, controlled and under the direction of the Director of Public Works and/or Village Engineer, and he or she is hereby authorized and directed to enforce the provisions of this article.
§ 12-3-7  PERMIT REQUIRED.
   It shall be unlawful for any person, firm or corporation to construct, reconstruct, alter, repair, make curb cuts or lay any pavement or surfacing material of any nature whatsoever on any public street, sidewalk, alley, curb or any other public way in the village, nor shall they make any tunnel, opening or excavation of any kind in or under the surface of any public street, sidewalk, alley, curb or other public way in the village without first having obtained a permit therefor.
§ 12-3-8  PERMIT FEES.
   Permit and inspection fees for excavations or street cuts, sidewalk construction, drive approaches, including curb cuts and street opening deposits, shall be as are required in the permit fee schedule of the Building Code, located at Ch. 6, Art. 13, of this code.
§ 12-3-9  LOCATION, LINE AND GRADE OF SIDEWALKS AND DRIVE APPROACHES.
   All sidewalks and drive approaches shall be laid and constructed at the locations and to the lines and grades designated or approved by the Director of Public Works and/or the Village Engineer.
§ 12-3-10  DRIVEWAY APPROACH CONSTRUCTION.
   (A)   No industrial or commercial driveway approach shall be constructed with a greater pavement width than 30 feet measured at the property line, or 50 feet measured at the edge of street pavement. No residential driveway approach shall be constructed with a greater width than 20 feet measured at the property line, and 30 feet measured at the edge of street pavement. No driveway approach shall extend past the face of the curb or edge of the street onto the pavement so as to change the street grade at the gutter line.
   (B)   On a corner lot, no driveway approach shall be located closer than ten feet to the right-of-way corner.
§ 12-3-11  CONSTRUCTION OF DRIVE APPROACH CROSSING SIDEWALK.
   Whenever a drive approach crosses a sidewalk, it shall be constructed of portland cement concrete.
§ 12-3-12  ENTRANCE CULVERTS.
   Material used for entrance culverts shall be of corrugated metal pipe or reinforced concrete sewer pipe and all material must meet current State Highway Department specifications.
§ 12-3-13  MAINTENANCE OF UNPAVED DRIVE APPROACH.
   It shall be unlawful to construct or maintain an unpaved drive approach where such approach abuts a paved street.
§ 12-3-14  MAINTENANCE OF DRIVE.
   Every portion of a driveway area on public property shall be maintained in good repair by the owner of the property being served, and shall be kept clean and free of snow and ice.
§ 12-3-15  ABANDONING DRIVE APPROACH.
   If, at any time, a drive approach is abandoned, the curb and gutter at the edge of the street and sidewalk shall be replaced in accordance with current village specifications by, and at the expense of, the owner abandoning this curb cut.
§ 12-3-16  PARKWAY TREES.
   (A)   The owners of property on which single-family homes have been constructed may petition the village requesting the installation of parkway trees in the parkway area immediately adjoining their property. The application shall be made upon a form prepared by the village and shall be made at such time as determined by the village. Generally, applications shall be taken once each year, in the summer, with planting taking place in the fall of the year. The village will notify the property owner in writing as to whether the size, location and nature of the parkway will permit the installation of trees in accordance with the standards set forth within this section. In the event that the village informs the owner that trees can be installed, the applicant for the trees shall remit a check in the amount determined by the village for each tree to be installed. The village shall endeavor to plant the trees during the period of time established for such planting. In the event that the number of requests for the planting of trees shall exceed the ability of the village to honor all requests within the same planting season, the owner of the property shall be permitted to withdraw the request and receive a refund. The village shall inform the owner of the type of tree which it intends to install at the location. In making a selection, the village shall consider any request by the homeowner for the installation of a particular kind of tree provided that the tree is on a list of permitted trees to be planted within parkways. A final decision regarding the type of tree to be planted shall reside with the village. This program shall be administered within the village by the Department of Public Works.
   (B)   In determining the appropriate places within the village where trees may be placed within a parkway, the village shall generally utilize the following standards.
      (1)   A PARKWAY is defined as that property owned by the village located between the curb of a public street and the property lot line.
      (2)   No tree will be planted less than ten feet from a curb, nor less than two and one-half feet from the edge of a sidewalk; provided, however, that, in the sole case where the distance between the curb and a public sidewalk is ten feet in width, trees may be planted seven and one-half feet from the curb and, in the sole case where there are conflicting utility lines in the parkway, trees may be planted six feet from the curb.
      (3)   No tree may be placed within 30 feet of a street intersection, or seven feet of a driveway or a crosswalk, or 12 feet of a street light, traffic control sign device or fire hydrant or utility structure.
      (4)   A minimum of 20 feet between trees, whether or not such trees are on public or private property, shall be maintained.
      (5)   Parkway trees may not be installed where, because of topography, drainage, road design or other considerations, the placement of a tree at such a location would result in the creation of a safety, maintenance or health problem for the village.
      (6)   Trees to be planted in parkways shall be selected from a list of authorized tree species as approved by the Public Works Director.
      (7)   Safeguarding trees. The following safeguards of parkway trees are hereby established.
         (a)   Construction. During any type of construction work, the owner or contractor shall place guards around all nearby trees on the parkway to prevent injury to such trees.
         (b)   Electrical wires. No person shall attach or connect any electric or other wire to any tree on a parkway, nor permit any such wire to come in contact with a parkway tree.
         (c)   Signs, placards and the like. No person shall attach any sign, placard or poster to any tree growing in a parkway.
         (d)   Materials around trees. No person shall place or maintain upon the ground around a parkway tree any surfacing or materials other than grass.
   (C)   Once installed, a tree shall be the property of the village. It shall be within the absolute discretion of the village as to whether a tree once planted shall be permitted to remain at a particular location, shall be replaced if it should die and the extent to which the tree is trimmed. Where an existing tree in a parkway has died, the owner of the adjacent property may apply to the village to replace the tree. The request shall be accompanied by the requisite fee. Where an existing tree line exists on a street, the tree line shall be preserved in the location of new trees. Upon a petition, the provision of this section may be varied by the Plan Commission, but no variance may be granted to allow the placement of a tree in a parkway which is less than ten feet in width.
   (D)   It shall be a violation of this code for any person to plant a tree in a parkway or damage a parkway tree. A violation of the provisions of this section shall be punishable in accordance with § 1-1-9 of this code. In addition to seeking the payment of a fine in accordance with § 1-1-9, the village, when it believes that a violation of this section has occurred, may remove any tree or other unauthorized planting placed within the parkway and take any other legal action to enforce its property rights.
(Ord. 92-06-71, passed 6-23-1992)
§ 12-3-17  PUBLIC IMPROVEMENT PRESERVATION BOND.
   (A)   When any person applies to the Community Development Department for a building permit, the Village Engineer, or his or her designee, shall determine whether the applicant for that permit shall be required to submit to the village a bond or other security to guarantee to the village that the applicant shall repair or replace any pipes, drainage structures, pavement, curbs, gutters, street lights, fire hydrants or other public improvements appurtenant to any street, road, highway or easement owned, dedicated or granted to the village which is injured, damaged or destroyed during the course of construction undertaken under the building permit to be issued. If the Village Engineer, or his or her designee, determines that a bond is required, he or she shall establish the amount of that bond with regard to the possible damage to public property inherent in the type of construction or work sought to be performed within the request for the building permit, and shall so advise the Community Development Department in writing. No building permit shall be issued by the Community Development Department until the Village Engineer, or his or her designee, determines that no bond is needed, or in the event that a bond is needed, until such time as a public improvement preservation bond from a surety approved by the Village Attorney shall have been posted with the village. Building permits may, however, be issued by the Community Development Department in any area in which the Village Engineer, or his or her designee, shall have indicated in writing to the Community Development Department that an adequate bond or other security has previously been posted by the applicant.
   (B)   The form of the public improvement preservation bond shall be in a form as approved by the Village Attorney.
(Ord. 92-06-71, passed 6-23-1992; Ord. 2013-04-11, passed 4-15-2013)
ARTICLE 4:  DITCHES, DRAINS AND DRAINAGE STRUCTURES
Section
   12-4-1   Definitions
   12-4-2   Alteration of ditches, drains and drainage structures
   12-4-3   Alteration of contour of land
   12-4-4   Application; permit
   12-4-5   Maintenance of ditches, drains, drainage structures or property causing damage
   12-4-6   Private complainants
§ 12-4-1  DEFINITIONS.
   For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   DITCH or DRAIN. Any watercourse or conduit, whether open, covered or enclosed, natural or artificial, by which waters coming or falling upon lands are carried away.
   DRAINAGE STRUCTURES. Those structures other than ditches, drains or pumping plants which are intended to promote or aid drainage. Such structures may be independent from other drainage work or may be part of or incidental to such work. The term includes, but is not restricted to, dams, catchbasins, bulkheads, walls, spillways, flumes, dropboxes, pipe outlets, junction boxes and structures, and the primary purpose of which is to prevent the erosion of soil into a drain.
   PERSON. Any natural person, partnership, trust, unincorporated association, corporation or joint venture.
§ 12-4-2  ALTERATION OF DITCHES, DRAINS AND DRAINAGE STRUCTURES.
   No person shall construct, alter, relocate, remove or destroy any ditch, drain or drainage structure upon any real property within the village, whether subdivided or not, without obtaining and complying with the permit provided for in this code.
§ 12-4-3  ALTERATION OF CONTOUR OF LAND.
   No person shall alter the contours of any real property within the village, whether subdivided or not, so as to change the flow of water into or through any ditch, drain or drainage structure without obtaining and complying with the permit provided for in this code.
§ 12-4-4  APPLICATION; PERMIT.
   (A)   Any person desirous of obtaining a permit required by this article shall make application therefor to the village on a form provided. Such application shall be accompanied by a fee of $10 and plans, calculations and specifications showing the proposed alteration and the effect such alteration will have upon existing ditches, drains, drainage structures and other properties. The application shall be transmitted to the Village Manager, who shall process the application using such village personnel as shall be necessary to reach a decision upon whether the permit shall be granted. If the Village Manager determines that an analysis of the application is required by the Village Engineer, he or she shall collect in advance from the applicant a permit fee, which shall equal the estimate of costs presented by the Engineer to review the application. If the services of the Village Engineer are not required, the permit shall be processed without further charge. The Village Manager, after such review and after considering the standards hereinafter set forth in this article, shall determine whether the permit shall be issued.
   (B)   No permit shall be issued for any proposed alteration which will:
      (1)   Increase the amount or rate, or adversely affect the quality, of surface water draining onto other properties;
      (2)   Damage other properties; or
      (3)   Does not conform to the general drainage law of the state.
   (C)   Any person denied a permit under this section shall have the right to appeal such denial to the Village Board.
§ 12-4-5  MAINTENANCE OF DITCHES, DRAINS, DRAINAGE STRUCTURES OR PROPERTY CAUSING DAMAGE.
   It shall be unlawful for any person to maintain upon any real property in the village, whether subdivided or not, any ditch, drain, drainage structure or real property which has been altered, constructed or contoured in such a manner as to cause damage to other properties by the drainage of surface waters. Any person determined to be in violation of this article by the Village Engineer shall be notified of such violation in writing and shall be given 15 days to correct such violation before any prosecution is commenced by the village. Notice shall be made either by personal service, or by certified mail, return receipt requested.
§ 12-4-6  PRIVATE COMPLAINANTS.
   In the event that a person is aggrieved by an alleged violation of this article, such person may request the village to commence quasi-criminal proceedings. If the village staff is unable to determine whether a violation has taken place, the private complainant may be required to submit engineering data as evidence of the alleged violation.
ARTICLE 5:  CONSTRUCTION OF FACILITIES IN THE RIGHTS-OF-WAY
Section
   12-5-1   Purpose and scope
   12-5-2   Definitions
   12-5-3   Annual registration required
   12-5-4   Permit required; applications and fees
   12-5-5   Action on permit applications
   12-5-6   Effect of permit
   12-5-7   Revised permit drawings
   12-5-8   Insurance
   12-5-9   Indemnification
   12-5-10   Security
   12-5-11   Permit suspension and revocation
   12-5-12   Change of ownership or owner’s identity or legal status
   12-5-13   General construction standards
   12-5-14   Traffic control
   12-5-15   Location of facilities
   12-5-16   Construction methods and materials
   12-5-17   Vegetation control
   12-5-18   Removal, relocation or modifications of utility facilities
   12-5-19   Clean-up and restoration
   12-5-20   Maintenance and emergency maintenance
   12-5-21   Variances
   12-5-22   Enforcement
   12-5-23   As-built drawings
   12-5-24   Penalty
§ 12-5-1  PURPOSE AND SCOPE.
   (A)   Purpose.  The purpose of this article is to establish policies and procedures for constructing facilities on rights-of-way within the village's jurisdiction, which will provide public benefit consistent with the preservation of the integrity, safe usage and visual qualities of the village rights-of-way and the village as a whole.
   (B)   Intent.  In enacting this article, the village intends to exercise its authority over the rights-of-way located within the village and, in particular, the use of the public ways and property, by establishing uniform standards to address issues presented by the presence of facilities in the public ways and property, 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 storm water run-off due to structures and materials that increase impermeable surfaces;
      (6)   Preserve the character of the neighborhoods in which facilities are installed;
      (7)   Preserve open space, particularly the tree-lined parkways that characterize the village's residential neighborhoods;
      (8)   Prevent visual blight from the proliferation of facilities in the rights-of-way; and
      (9)   Assure the continued safe use and enjoyment of private properties adjacent to facilities locations.
   (C)   Facilities subject to this article.  This article applies to all facilities on, over, above, along, upon, under, across or within the rights-of-way within the jurisdictional boundaries of the village. A facility lawfully established prior to the effective date of this article 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, 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 rights-of-way. Utilities that are not required by law to enter into such an agreement may request that the village enter into such an agreement. In such an agreement, the village may provide for terms and conditions inconsistent with this article.
   (E)   Effect of franchises, licenses or similar agreements.
      (1)   Utilities.  In the event that a utility provider has entered into a franchise, license or similar agreement with the village, 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 article and the provisions of any franchise, license or similar agreement between the village 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 articles.  This article supersedes all articles or parts of articles 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 article, the utility shall comply with the requirements of this article to the maximum extent possible without violating federal or state laws or regulations.
   (H)   Sound engineering judgment.  The village shall use sound engineering judgment when administering this article and may vary the standards, conditions and requirements expressed in this article when the village so determines. Nothing herein shall be construed to limit the ability of the village to regulate its rights-of-way for the protection of the public health, safety and welfare.
(Ord. 2009-05-22, passed 5-4-2009; Am. Ord. 2017-03-08, passed 3-20-2017)
§ 12-5-2  DEFINITIONS.
   As used in this article 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 Ill. Adm. Code § 530.30, unless the context clearly requires otherwise.
   AASHTO.  American Association of State Highway and Transportation Officials.
   ANSI.  American National Standards Institute.
   APPLICANT.  A person applying for a permit under this article.
   ASTM.  American Society for Testing and Materials.
   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 U.S.C. § 522(5).
   CABLE SERVICE.  That term as defined in 47 U.S.C. § 522(6).
   CABLE SYSTEM.  That term as defined in 47 U.S.C. § 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 non-recoverable slope and a clear run-out 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 Code of Ordinances of the Village of Carol Stream.
   COMMUNITY DEVELOPMENT DIRECTOR. The Village Director of Community Development or his or her designee.
   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 having tracks or rails, wires, lines, cable, fiber optic cable, conduit, ducts or pipes located either above or below ground that cross one or more right-of-way lines of a right-of-way.
   DIRECTOR OF PUBLIC WORKS. The Village Director of Public Works or his or her designee.
   DISRUPT THE RIGHT-OF-WAY. For the purposes of this article, 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.
   EASEMENT. A grant by a property owner for the use of a strip of land by the general public, a corporation or a certain person or persons for a specific purpose or purposes.
   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 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, tracks and rails, wires, lines, 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 article. For purposes of this article, the term FACILITY shall not include any facility owned or operated by the village.
   FREESTANDING FACILITY. A facility that is not a crossing facility or a parallel facility, such as an antenna, pole, 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 Engineer or Director of Public Works or designee 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 ILCS 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 ILCS 5/21- 401.
   IDOT. Illinois Department of Transportation.
   ICC. Illinois Commerce Commission.
   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 or more utilities.
   J.U.L.I.E. The Joint Utility Locating Information for Excavators utility notification program.
   MAJOR INTERSECTION. The intersection of two or more major arterial highways.
   OCCUPANCY. The presence of facilities on, over or under right-of-way.
   PARALLEL FACILITY. A facility having tracks or rails, wires, lines, cable, fiber optic cable, conduit, ducts or pipes either above or below ground, that generally are located 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, trail, path or driveway apron.
   PAVEMENT CUT. The removal of an area of pavement for access to facility or for the construction of a facility.
   PERMITTEE. That entity to which a permit has been issued pursuant to §§ 12-5-4 and 12-5-5.
   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).
   PRIVATE LINE.  A dedicated non-traffic 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.
   PROMPT. That which is done within a period of time specified by the village. If no time period is specified, the period shall be 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 has the right and authority to authorize, regulate or permit the location of facilities other than those of the village. RIGHT-OF-WAY or RIGHTS-OF-WAY shall not include any real or personal village property that is not specifically described in the previous two sentences and shall not include village buildings, fixtures and other structures or improvements, regardless of whether they are situated in the right-of-way.
   ROADWAY. The part of the highway that includes the pavement, curb and gutter 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. The amount of security required pursuant to § 12-5-10.
   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. 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 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 U.S.C. §§ 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 through an open video system as defined in the Rules of the Federal Communications Commission (47 C.F.R. § 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. 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.  Any individual or entity owning or operating any facility, as defined in this article, within the right-of-way.  The term UTILITY includes any public utility as defined in the Public Utility Act, 220 ILCS 5/3-105, any telecommunications retailer or provider, and any public entity other than the village.
   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 the Illinois Cable and Video Competition Law of 2007, 220 ILCS 5/21-201(v).
   VILLAGE. The Village of Carol Stream.
   VILLAGE MANAGER. The Village Manager or his or her designee.
   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. 2009-05-22, passed 5-4-2009; Am. Ord. 2017-03-08, passed 3-20-2017)
§ 12-5-3  ANNUAL REGISTRATION REQUIRED.
   Every utility that occupies right-of-way within the village 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 24-hour telephone number for each such person, and evidence of insurance as required in § 12-5-8, in the form of a certificate of insurance. No permit shall be issued to any utility without meeting the regulation requirements of this section.
(Ord. 2009-05-22, passed 5-4-2009)
§ 12-5-4  PERMIT REQUIRED; APPLICATIONS AND FEES.
   (A)   Permit required. No person shall construct (as defined in this article) 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 article), 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 Engineer and obtaining a permit from the village therefor, except as otherwise provided in this article. 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)   Permit application. All applications for permits pursuant to this article 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)   Minimum general application requirements. The application shall be made by the utility or its duly authorized representative and shall contain, at a minimum, the following:
      (1)   The utility’s name and address and telephone and telecopy numbers;
      (2)   The applicant’s name and address, if different than the utility, its telephone, telecopy numbers, e-mail address and its interest in the work;
      (3)   The names, addresses and telephone and telecopy numbers and email addresses of all professional consultants, if any, advising the applicant with respect to the application;
      (4)   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;
      (5)   Evidence that the utility 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.
      (6)   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;
      (7)   Evidence of insurance as required in § 12-5-8;
      (8)   Evidence of posting of the security fund as required in § 12-5-10;
      (9)   Any request for a variance from one or more provisions of this article (see § 12-5-21); and
      (10)   Such additional information as may be reasonably required by the village.
   (D)   Supplemental application requirements for specific types of utilities. In addition to the requirements of division (C) of this section, the permit application shall include the following items, as applicable to the specific utility that is the subject of the permit application:
      (1)   In the case of the installation of a new electric power, communications, telecommunications, cable television service, video service or natural gas distribution system, evidence that any “certificate of public convenience and necessity” or other regulatory authorization that the applicant is required by law to obtain, or that the applicant has elected to obtain, has been issued by the ICC or other jurisdictional authority;
      (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 Wheaton Sanitary 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)   Applicant’s duty to update information. 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 utility in writing to the village within 30 days after the change necessitating the amendment.
   (F)   Application fees. Unless otherwise provided by franchise, license or similar agreement, all applications for permits pursuant to this article shall be accompanied by a fee in the amount of $115 as compensation for regulatory and administrative costs incurred in processing the application. No application fee is required to be paid by any electricity utility that is paying the municipal electricity infrastructure maintenance fee pursuant to the Electricity Infrastructure Maintenance Fee Act, or by any telecommunications retailer that is paying the municipal telecommunications infrastructure maintenance fee or the optional state telecommunications infrastructure maintenance fee pursuant to the Telecommunications Municipal Infrastructure Maintenance Fee Act.
(Ord. 2009-05-22, passed 5-4-2009; Am. Ord. 2017-03-08, passed 3-20-2017)
§ 12-5-5  ACTION ON PERMIT APPLICATIONS.
   (A)   Village review of permit applications. Completed permit applications, containing all required documentation, shall be examined by the Village Engineer within a reasonable time after filing. If the application does not conform to the requirements of applicable ordinances, codes, laws, rules and regulations, the Village Engineer shall reject such application in writing, stating the reasons therefor. If the Village Engineer is satisfied that the proposed work conforms to the requirements of this article and applicable ordinances, codes, laws, rules and regulations, the Village Engineer shall issue a permit therefor as soon as practicable. In all instances, it shall be the duty of the applicant to demonstrate, to the satisfaction of the Village Engineer, that the construction proposed under the application shall be in full compliance with the requirements of this article.
   (B)   Additional village review of applications of telecommunications retailers.
      (1)   Pursuant to the Telephone Company Act, 220 ILCS 65/4, a telecommunications retailer shall notify the village that it intends to commence work governed by this article for facilities for the provision of telecommunications services. Such notice shall consist of plans, specifications and other documentation sufficient to demonstrate the purpose and intent of the facilities, and shall be provided by the telecommunications retailer to the village not less than ten days prior to the commencement of work requiring no excavation and not less than 30 days prior to the commencement of work requiring excavation. The Village Engineer shall specify the portion of the right-of-way upon which the facility may be placed, used and constructed.
      (2)   In the event that the Village Engineer fails to provide such specification of location to the telecommunications retailer within either ten days after service of notice to the village by the telecommunications retailer in the case of work not involving excavation for new construction or 25 days after service of notice by the telecommunications retailer in the case of work involving excavation for new construction, the telecommunications retailer may commence work without obtaining a permit under this article.
      (3)   Upon the provision of such specification by the village, where a permit is required for work pursuant to § 12-5-4 the telecommunications retailer shall submit to the village an application for a permit and any and all plans, specifications and documentation available regarding the facility to be constructed. Such application shall be subject to the requirements of division (A) above.
   (C)   Additional village review of applications of holders of state authorization under the Cable and Video Competition Law of 2007. Applications by a utility that is a holder of a state-issued authorization under the Cable and Video Competition Law of 2007 shall be deemed granted 45 days after submission to the village, unless otherwise acted upon by the village; provided, the holder has complied with all applicable village codes, ordinances and regulations.
(Ord. 2009-05-22, passed 5-4-2009)
§ 12-5-6  EFFECT OF PERMIT.
   (A)   Authority granted; no property right or other interest created. A permit from the village authorizes a permittee to undertake only certain activities in accordance with this article on village rights-of-way, and does not create a property right or grant authority to the permittee to impinge upon the rights of others who may have an interest in the rights-of-way.
   (B)   Duration. No permit issued under this article shall be valid for a period longer than six months unless construction is actually begun within that period and is thereafter diligently pursued to completion.
   (C)   Pre-construction meeting required. No construction shall begin pursuant to a permit issued under this article prior to attendance by the permittee and all major contractors and subcontractors who will perform any work under the permit at a pre-construction meeting. The pre-construction meeting shall be held at a date, time and place designated by the village with such village representatives in attendance as the village deems necessary. The meeting shall be for the purpose of reviewing the work under the permit, and reviewing special considerations necessary in the areas where work will occur, including, without limitation, presence or absence of other utility facilities in the area and their locations, procedures to avoid disruption of other utilities, use of rights-of-way by the public during construction, and access and egress by adjacent property owners. The Village Engineer may waive the mandatory attendance requirement for a pre-construction meeting.
   (D)   Compliance with all laws required. The issuance of a permit by the village does not excuse the permittee from complying with other requirements of the village and applicable statutes, laws, ordinances, rules and regulations.
(Ord. 2009-05-22, passed 5-4-2009)
§ 12-5-7  REVISED PERMIT DRAWINGS.
   Any deviation from the permit shall require approval of the Village Engineer or designee prior to the work being performed. The Village Engineer may require revised plans, drawings and specifications as necessary to allow for the proper review and approval of the deviation.
(Ord. 2009-05-22, passed 5-4-2009)
§ 12-5-8  INSURANCE.
   (A)   Required coverages and limits.
      (1)   Unless otherwise provided by franchise, license or similar agreement, each utility occupying right-of-way or constructing any facility in the right-of-way not including utility easements, shall secure and maintain the following liability insurance policies insuring the utility as named insured and naming the village, and its elected and appointed officers, officials, agents and employees as additional insureds on the policies listed in divisions (A)(1)(a) and (A)(1)(b) below:
         (a)   Commercial general liability insurance, including premises-operations, explosion, collapse and underground hazard (commonly referred to as “X”, “C” and “U” coverages) and products-completed operations coverage with limits not less than:
            1.   Five million dollars for bodily injury or death to each person;
            2.   Five million dollars for property damage resulting from any one accident; and
            3.   Five million dollars for all other types of liability;
         (b)   Automobile liability for owned, non-owned and hired vehicles with a combined single limit of $1,000,000 for personal injury and property damage for each accident;
         (c)   Worker’s compensation with statutory limits; and
         (d)   Employer’s liability insurance with limits of not less than $1,000,000 per employee and per accident.
      (2)   If the utility is not providing such insurance to protect the contractors and subcontractors performing the work, then such contractors and subcontractors shall comply with this section and shall meet with the approval of the Village Manager.
   (B)   Excess or umbrella policies. The coverages required by this section may be in any combination of primary, excess and umbrella policies. Any excess or umbrella policy must provide excess coverage over underlying insurance on a following-form basis such that when any loss covered by the primary policy exceeds the limits under the primary policy, the excess or umbrella policy becomes effective to cover such loss.
   (C)   Copies required. The utility shall provide copies of any of the policies required by this section to the village within ten days following receipt of a written request therefor from the village.
   (D)   Maintenance and renewal of required coverages.
      (1)   The insurance policies required by this section shall contain the following endorsement:
“It is hereby understood and agreed that this policy may not be canceled nor the intention not to renew be stated until thirty (30) days after receipt by the village, by registered mail or certified mail, return receipt requested, of a written notice addressed to the Village Manager of such intent to cancel or not to renew.”
      (2)   Within ten days after receipt by the village of said notice, and in no event later than ten days prior to said cancellation, the utility shall obtain and furnish to the village evidence of replacement insurance policies meeting the requirements of this section.
   (E)   Self-insurance. A utility may self-insure all or a portion of the insurance coverage and limit requirements required by division (A) of this section. A utility that self-insures is not required, to the extent of such self-insurance, to comply with the requirement for the naming of additional insureds under division (A) of this section, or the requirements of divisions (B), (C) and (D) of this section. A utility that elects to self-insure shall provide to the village evidence sufficient to demonstrate its financial ability to self-insure the insurance coverage and limit requirements required under division (A) of this section, such as evidence that the utility is a “private self-insurer” under the Worker’s Compensation Act, being 820 ILCS 305/1 et seq.
   (F)   Effect of insurance and self-insurance on utility’s liability. The legal liability of the utility to the village and any person for any of the matters that are the subject of the insurance policies or self-insurance required by this section shall not be limited by such insurance policies or self-insurance or by the recovery of any amounts thereunder.
   (G)   Insurance companies. All insurance provided pursuant to this section shall be effected under valid and enforceable policies, issued by insurers legally able to conduct business with the licensee in the State of Illinois. All insurance carriers and surplus line carriers shall be rated “A-” or better and of a class size “X” or higher by A.M. Best Company.
(Ord. 2009-05-22, passed 5-4-2009)
§ 12-5-9  INDEMNIFICATION.
   By occupying or constructing facilities in the right-of-way, a utility shall be deemed to agree to defend, indemnify and hold the village and its elected and appointed officials and officers, employees, agents and representatives harmless from and against any and all injuries, claims, demands, judgments, damages, losses and expenses, including reasonable attorney’s fees and costs of suit or defense, arising out of, resulting from or alleged to arise out of or result from the negligent, careless or wrongful acts, omissions, failures to act or misconduct of the utility or its affiliates, officers, employees, agents, contractors or subcontractors in the construction, maintenance and/or repair of facilities or occupancy of the rights-of-way, and in providing or offering service over the facilities, whether such acts or omissions are authorized, allowed or prohibited by this article or by a franchise, license, or similar agreement; provided, however, that, the utility’s indemnity obligations hereunder shall not apply to any injuries, claims, demands, judgments, damages, losses or expenses arising out of or resulting from the negligence, misconduct or breach of this article by the village, its officials, officers, employees, agents or representatives.
(Ord. 2009-05-22, passed 5-4-2009; Am. Ord. 2017-03-08, passed 3-20-2017)
§ 12-5-10  SECURITY.
   (A)   Purpose. The permittee shall establish a Security Fund in a form and in an amount as set forth in this section. The Security Fund shall be continuously maintained in accordance with this section at the permittee’s sole cost and expense until the completion of the work authorized under the permit. The Security Fund shall serve as security for:
      (1)   The faithful performance by the permittee of all the requirements of this article;
      (2)   Any expenditure, damage or loss incurred by the village occasioned by the permittee’s failure to comply with any codes, rules, regulations, orders, permits and other directives of the village issued pursuant to this article; and
      (3)   The payment by permittee of all liens and all damages, claims, costs, or expenses that the village may pay or incur by reason of any action or non-performance by permittee in violation of this article including, without limitation, any damage to public property or restoration work the permittee is required by this article to perform that the village must perform itself or have completed as a consequence solely of the permittee’s failure to perform or complete, and all other payments due the village from the permittee pursuant to this article or any other applicable law.
   (B)   Form. The permittee shall provide the Security Fund to the village in the form, at the permittee’s election, of cash or an irrevocable in a form acceptable to the village in a form acceptable to the village. Any letter of credit provided pursuant to this division (B) shall be provided on the village’s form.
   (C)   Amount. The dollar amount of the Security Fund shall be sufficient to provide for the reasonably estimated cost to restore the right-of-way to at least as good a condition as that existing prior to the construction under the permit, as determined by the Village Engineer, and may also include reasonable, directly related costs that the village estimates are likely to be incurred if the permittee fails to perform such restoration. Where the construction of facilities proposed under the permit will be performed in phases in multiple locations in the village, with each phase consisting of construction of facilities in one location or a related group of locations, and where construction in another phase will not be undertaken prior to substantial completion of restoration in the previous phase or phases, the Village Engineer may, in the exercise of sound discretion, allow the permittee to post a single amount of security which shall be applicable to each phase of the construction under the permit. The amount of the Security Fund for phased construction shall be equal to the greatest amount that would have been required under the provisions of this division (C) for any single phase.
   (D)   Withdrawals. The village, upon ten days’ advance written notice clearly stating the reason for, and its intention to exercise withdrawal rights under this division (D), may withdraw an amount from the Security Fund; provided that, the permittee has not reimbursed the village for such amount within the ten day notice period. Withdrawals may be made if the permittee:
      (1)   Fails to make any payment required to be made by the permittee hereunder;
      (2)   Fails to pay any liens relating to the facilities that are due and unpaid or if any of the improvements have been or are likely to be, the subject of liens or other claims by contractors, subcontractors or third parties;
      (3)   Fails to reimburse the village for any damages, claims, costs or expenses which the village has been compelled to pay or incur by reason of any action or non-performance by the permittee;
      (4)   Fails to comply with any provision of this article that the village determines can be remedied by an expenditure of an amount in the Security Fund;
      (5)   Fails to satisfactorily complete or carry on the work of the installation, construction and restoration of the permitted work in accordance with its permit, the village’s rules and regulations and a schedule approved by the village, or if no schedule is approved or even if no one is set out, in accordance with the faster pace as deemed necessary by the village for the installation of the improvement;
      (6)   Fails to provide a new letter of credit or amendment of the letter of credit, containing equivalent terms, within 60 days of the actual expiration of the original letter of credit; or
      (7)   If the sums remaining within the letter of credit are believed to be insufficient.
   (E)   Replenishment. Within 14 days after receipt of written notice from the village that any amount has been withdrawn from the Security Fund, the permittee shall restore the Security Fund to the amount specified in division (C) of this section.
   (F)   Interest. The permittee may request that any and all interest accrued on the amount in the Security Fund be returned to the permittee by the village, upon written request for said withdrawal to the village, provided that any such withdrawal does not reduce the Security Fund below the minimum balance required in division (C) of this section.
   (G)   Closing and return of Security Fund. Upon completion of the work authorized under the permit, the permittee shall be entitled to the return of the Security Fund, or such portion thereof as remains on deposit, within a reasonable time after account is taken for all offsets necessary to compensate the village for failure by the permittee to comply with any provisions of this article or other applicable law. In the event of any revocation of the permit, the Security Fund, and any and all accrued interest therein, shall become the property of the village to the extent necessary to cover any reasonable costs, loss or damage incurred by the village as a result of said revocation; provided that, any amounts in excess of said costs, loss or damage shall be refunded to the permittee.
   (H)   Rights not limited. The rights reserved to the village with respect to the Security Fund are in addition to all other rights of the village, whether reserved by this article or otherwise authorized by law, and no action, proceeding or exercise of right with respect to said Security Fund shall affect any other right the village may have. Notwithstanding the foregoing, the village shall not be entitled to a double monetary recovery with respect to any of its rights which may be infringed or otherwise violated.
(Ord. 2009-05-22, passed 5-4-2009)
§ 12-5-11  PERMIT SUSPENSION AND REVOCATION.
   (A)   Village right to revoke permit. The village may revoke or suspend a permit issued pursuant to this article for one or more of the following reasons:
      (1)   Fraudulent, false, misrepresenting or materially incomplete statements in the permit application;
      (2)   Non-compliance with this article;
      (3)   Permittee’s physical presence or presence of permittee’s facilities on, over, above, along, upon, under, across or within the rights-of-way presents a direct or imminent threat to the public health, safety or welfare; or
      (4)   Permittee’s failure to construct the facilities substantially in accordance with the permit and approved plans.
   (B)   Notice of revocation or suspension. The village shall send written notice of its intent to revoke or suspend a permit issued pursuant to this article stating the reason or reasons for the revocation or suspension and the alternatives available to permittee under this section.
   (C)   Permittee alternatives upon receipt of notice of revocation or suspension.
      (1)   Upon receipt of a written notice of revocation or suspension from the village, the permittee shall have the following options:
         (a)   Immediately provide the village with ample documented evidence that no cause exists for the revocation or suspension;
         (b)   Immediately correct, to the satisfaction of the village, the deficiencies stated in the written notice, and provide written proof of such correction to the village within five working days after receipt of the written notice of revocation; or
         (c)   Immediately remove the facilities located on, over, above, along, upon, under, across or within the rights-of-way and restore the rights-of-way to the satisfaction of the village and provide written proof of such removal to the village within ten days after receipt of the written notice of revocation.
      (2)   The village may, in its discretion, for good cause shown, extend the time periods provided in this division (C).
   (D)   Stop work order. In addition to the issuance of a notice of revocation or suspension, the village may issue a stop work order immediately upon discovery of any of the reasons for revocation set forth within division (A) of this section.
   (E)   Failure or refusal of the permittee to comply. If the permittee fails to comply with the provisions of division (C) of this section, the village or its designee may, at the option of the village: correct the deficiencies; upon not less than 20 days notice to the permittee, unless deemed by the village an emergency, remove the subject facilities or equipment; or after not less than 30 days notice to the permittee of failure to cure the non-compliance, deem them abandoned and property of the village. The permittee shall be liable in all events to the village for all costs of removal.
(Ord. 2009-05-22, passed 5-4-2009)
§ 12-5-12  CHANGE OF OWNERSHIP OR OWNER’S IDENTITY OR LEGAL STATUS.
   (A)   Notification of change. A utility shall notify the village no less than 30 days prior to the transfer of ownership of any facility in the right-of-way or change in identity of the utility. The new owner of the utility or the facility shall have all the obligations and privileges enjoyed by the former owner under the permit, if any, and applicable laws, ordinances, rules and regulations, including this article, with respect to the work and facilities in the right-of-way.
   (B)   Amended permit. A new owner shall request that any current permit and registration be amended to show current ownership. If the new owner fails to have a new or amended permit and registration issued in its name, the new owner shall be presumed to have accepted, and agreed to be bound by, the terms and conditions of the permit and registration if the new owner uses the facility or allows it to remain on the village’s right-of-way.
   (C)   Insurance and bonding. All required insurance coverage or bonding must be changed to reflect the name of the new owner upon transfer.
(Ord. 2009-05-22, passed 5-4-2009)
§ 12-5-13  GENERAL CONSTRUCTION STANDARDS.
   (A)   Standards and principles. All construction in the right-of-way shall be consistent with applicable ordinances, codes, laws, rules and regulations, and commonly recognized and accepted traffic control and construction principles, sound engineering judgment and, where applicable, the principles and standards set forth in the following IDOT publications, as amended from time to time:
      (1)   Standard Specifications for Road and Bridge Construction;
      (2)   Supplemental Specifications and Recurring Special Provisions;
      (3)   Highway Design Manual;
      (4)   Highway Standards Manual;
      (5)   Standard Specifications for Traffic Control Items;
      (6)   Illinois Manual on Uniform Traffic Control Devices (92 Ill. Adm. Code § 545);
      (7)   Flagger’s Handbook; and
      (8)   Work Site Protection Manual for Daylight Maintenance Operations.
   (B)   Interpretation of municipal standards and principles. If a discrepancy exists between or among differing principles and standards required by this article, the Village Engineer shall determine, in the exercise of sound engineering judgment, which principles apply and such decision shall be final. If requested, the Village Engineer shall state which standard or principle will apply to the construction, maintenance or operation of a facility in the future.
(Ord. 2009-05-22, passed 5-4-2009)
§ 12-5-14  TRAFFIC CONTROL.
   (A)   Minimum requirements. The village’s minimum requirements for traffic protection are contained in IDOT’s Illinois Manual on Uniform Traffic Control Devices and this code.
   (B)   Warning signs, protective devices and flaggers. The utility is responsible for providing and installing warning signs, protective devices and flaggers, when necessary, meeting applicable federal, state and local requirements for protection of the public and the utility’s workers when performing any work on the rights-of-way.
   (C)   Interference with traffic. All work shall be phased so that there is minimum interference with pedestrian and vehicular traffic.
   (D)   Notice when access is blocked. At least 48 hours prior to beginning work that will partially or completely block access to any residence, business or institution, the utility shall notify the resident, business or institution of the approximate beginning time and duration of such work; provided, however, that, in cases involving emergency repairs pursuant to § 12-5-20, the utility shall provide such notice as is practicable under the circumstances.
   (E)   Compliance. The utility shall take immediate action to correct any deficiencies in traffic protection requirements that are brought to the utility’s attention by the village.
(Ord. 2009-05-22, passed 5-4-2009)
§ 12-5-15  LOCATION OF FACILITIES.
   (A)   General requirements.  In addition to location requirements applicable to specific types of utility facilities, all utility facilities, regardless of type, shall be subject to the general location requirements of this division (A).
      (1)   Facilities to be located underground. All new facilities shall be located underground, unless not technically practicable.
      (2)   Whenever new telecommunications facilities will exhaust the capacity of a right-of-way or utility easement to reasonably accommodate future facilities, a permitee may be required to provide additional ducts, conduits, manholes and other facilities for non-discriminatory access to future permitees.
      (3)   No interference with the public ways. 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’s facilities or proposed village facilities or will otherwise interfere with use of the right-of-way by the general public or the operation or maintenance of any of the village’s facilities, proposed village facilities, or any other existing facilities.  The village may require any facilities causing such interference to be moved, as determined by the Village Engineer.
      (4)   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.  Underground telecommunications facilities shall be installed within an existing underground duct or conduit whenever excess capacity exists within such duct or conduit.
      (5)   No interference with travel. No utility facility shall be placed in any location that interferes with the usual travel on such right-of-way.
      (6)   No limitations on visibility. No utility facility shall be placed in any location so as to limit visibility of or by users of the right-of-way.
      (7)   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.
      (8)   No interference with drainage. No utility facility shall be placed in any location that interferes with storm water drainage, storage or conveyance or blocks overland flow routes.
   (B)   Parallel facilities located within highways.
      (1)   Overhead parallel facilities. An overhead parallel facility may be located within the right-of-way lines of a highway only if:
         (a)   Wires, lines or cable are located as near as practicable to the right-of-way line and as nearly parallel to the right-of-way line as reasonable pole alignment will permit;
         (b)   Where pavement is curbed, poles are as remote as practicable from the curb with a minimum distance of two feet behind the back of the curb, where available;
         (c)   Where pavement is uncurbed, poles are as remote from pavement edge as practicable with minimum distance of four feet outside the outer shoulder line of the roadway and are not within the clear zone;
         (d)   No pole is located in the ditch line of a highway; and
         (e)   Any ground-mounted appurtenance is located within one foot of the right-of- way line or as near as possible to the right-of-way line.
      (2)   Underground parallel facilities. An underground parallel facility may be located within the right-of-way lines of a highway only if:
         (a)   The facility is located as near the right-of-way line as practicable;
         (b)   A new facility may be located under the paved portion of a highway only if other underground locations are impracticable or inconsistent with sound engineering judgment (e.g., a new cable may be installed in existing conduit without disrupting the pavement); and
         (c)   In the case of underground power or telecommunications wires, lines or cable, the facility shall be located as near the right-of-way line as practicable and any above- grounded appurtenance shall be located within one foot of the right-of-way line or as near as practicable.
   (C)   Facilities crossing highways.
      (1)   No future disruption. The construction and design of crossing facilities installed between the ditch lines or curb lines of village highways may require the incorporation of materials and protections (such as encasement or additional cover) as deemed necessary by the village to avoid settlement or future repairs to the roadbed resulting from the installation of such crossing facilities.
      (2)   Ninety-degree crossing required. Crossing facilities shall cross at or as near to a 90-degree angle to the centerline as practicable.
      (3)   Overhead power or telecommunication facility. An overhead power or telecommunication facility may cross a highway only if:
         (a)   It has a minimum vertical line clearance as required by ICC’s rules entitled, Construction of Electric Power and Communication Lines (83 Ill. Adm. Code 305);
         (b)   Poles are located within one foot of the right-of-way line of the highway and outside of the clear zone; and
         (c)   Overhead crossings at major intersections are avoided.
      (4)   Underground power or telecommunication facility. An underground power or telecommunication facility may cross a highway only if:
         (a)   The design materials and construction methods will provide maximum maintenance-free service life; and
         (b)   Capacity for the permitee’s foreseeable future expansion needs is provided in the initial installation.
      (5)   Markers. The village may require the permitee to provide a marker at each right- of-way line where an underground facility other than a power or telecommunication facility crosses a highway. Each marker shall identify the type of facility, the permitee and an emergency phone number. Markers may also be eliminated as provided in current federal regulations (49 C.F.R. § 192.707 (1989)).
   (D)   Facilities to be located 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.
   (E)   Freestanding facilities.
      (1)   The village may restrict the location and size of any freestanding facility located within a right-of-way.
      (2)   The village may require any freestanding facility located within a right-of-way to be screened from view.
   (F)   Facilities installed above ground. Aboveground facilities may be installed only if:
      (1)   No other existing facilities in the area are located underground;
      (2)   New underground installation is not technically practicable;
      (3)   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. Suitable designs include, but are not limited to, self-supporting armless, single- pole construction with vertical configuration of conductors and cable. Existing utility poles and light standards shall be used wherever practicable; the installation of additional utility poles is strongly discouraged; and
      (4)   The facility meets all the Zoning Code requirements of §§ 16-5-7, 16-12-1, 16- 12-2, 16-16-3, 16-16-8, 16-16-9 and 16-18-1.
   (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 facility 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)   An applicant shall include in its request to accommodate a facility installation on a bridge or roadway structure supporting data demonstrating the impracticability of alternate routing. Approval or disapproval of an application for facility attachment 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 facility;
         (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 facility;
         (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.
      (2)   A facility 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.
      (3)   The facility must meet all the Zoning Code requirements of §§ 16-5-7, 16-12-1, 16- 12-2, 16-16-3, 16-16-8, 16-16-9 and 16-18-1.
(Ord. 2009-05-22, passed 5-4-2009; Am. Ord. 2017-03-08, passed 3-20-2017)
§ 12-5-16  CONSTRUCTION METHODS AND MATERIALS.
   (A)   Standards and requirements for particular types of construction methods.
      (1)   Boring or jacking.
         (a)   Pits and shoring. Boring or jacking under rights-of-way shall be accomplished from pits located at a minimum distance specified by the Village Engineer from the edge of the pavement. Pits for boring or jacking shall be excavated no more than 48 hours in advance of boring or jacking operations and backfilled within 48 hours after boring or jacking operations are completed. While pits are open, they shall be clearly marked and protected by barricades. Shoring shall be designed, erected, supported, braced and maintained so that it will safely support all vertical and lateral loads that may be imposed upon it during the boring or jacking operation.
         (b)   Wet boring or jetting. Wet boring or jetting shall not be permitted under the roadway.
         (c)   Borings with diameters greater than six inches. Borings over six inches in diameter shall be accomplished with an auger and following pipe, and the diameter of the auger shall not exceed the outside diameter of the following pipe by more than one inch.
         (d)   Borings with diameters six inches or less. Borings of six inches or less in diameter may be accomplished by either jacking, guided with auger, or auger and following pipe method.
         (e)   Tree preservation. Any facility located within the drip line of any tree designated by the village to be preserved or protected shall be bored under or around the root system.
      (2)   Trenching. Trenching for facility installation, repair or maintenance on rights- of-way shall be done in accord with the applicable portions of § 603 of IDOT’s Standard Specifications for Road and Bridge Construction, and only with the approval of the Village Engineer.
         (a)   Length. The length of open trench shall be kept to the practicable minimum consistent with requirements for pipe-line testing. Only one-half of any intersection may have an open trench at any time unless special permission is obtained from the Village Engineer.
         (b)   Open trench and excavated material. Open trench and windrowed excavated material shall be protected as required by Ch. 6 of the Illinois Manual on Uniform Traffic Control Devices. Where practicable, the excavated material shall be deposited between the roadway and the trench as added protection. Excavated material shall not be allowed to remain on the paved portion of the roadway. Where right-of-way width does not allow for windrowing excavated material off the paved portion of the roadway, excavated material shall be hauled to an off-road location.
         (c)   Drip line of trees. The utility shall not trench within the drip line of any tree designated by the village to be preserved.
      (3)   Backfilling.
         (a)   Any pit, trench or excavation created during the installation of facilities shall be backfilled for its full width, depth and length using methods and materials in accordance with IDOT’s Standard Specifications for Road and Bridge Construction. When excavated material is hauled away or is unsuitable for backfill, suitable granular backfill shall be used.
         (b)   For a period of three years from the date construction of a facility is completed, the utility shall be responsible to remove and restore any backfilled area that has settled due to construction of the facility. If so ordered by the Engineer, the utility, at its expense, shall remove any pavement and backfill material to the top of the installed facility, place and properly compact new backfill material, and restore new pavement, sidewalk, curbs and driveways to the proper grades, as determined by the Engineer.
      (4)   Pavement cuts. Pavement cuts for facility installation or repair shall be permitted on a highway only if allowed by the Village Engineer and only if that portion of the highway is closed to traffic. If a variance to the limitation set forth in this division (A)(4) is permitted under § 12-5-21, the following requirements shall apply.
         (a)   Any excavation under pavements shall be backfilled and compacted as soon as practicable with granular material of CA-6 or CA- 10 gradation, as designated by the Engineer.
         (b)   Restoration of pavement, in kind, shall be accomplished as soon as practicable and temporary repair with bituminous mixture shall be provided immediately. Any subsequent failure of either the temporary repair or the restoration shall be rebuilt upon notification by the village.
         (c)   All saw cuts shall be full depth.
         (d)   For all rights-of-way which have been reconstructed with a concrete surface/base in the last ten years, or resurfaced in the last seven years, permits shall not be issued unless such work is determined to be an emergency repair or other work considered necessary and unforeseen before the time of the reconstruction or unless a pavement cut is necessary for a J.U.L.I.E. locate.
      (5)   Encasement.
         (a)   Casing pipe shall be designed to withstand the load of the highway and any other superimposed loads. The casing shall be continuous either by one-piece fabrication or by welding or jointed installation approved by the village.
         (b)   The venting, if any, of any encasement shall extend within one foot of the right-of-way line. No above-ground vent pipes shall be located in the area established as clear zone for that particular section of the highway.
         (c)   In the case of water main or service crossing, encasement shall be furnished between bore pits unless continuous pipe or village approved jointed pipe is used under the roadway. Casing may be omitted only if pipe is installed prior to highway construction and carrier pipe is continuous or mechanical joints are of a type approved by the village. Bell and spigot type pipe shall be encased regardless of installation method.
         (d)   In the case of gas pipelines of 60 psig or less, encasement may be eliminated.
         (e)   In the case of gas pipelines or petroleum products pipelines with installations of more than 60 psig, encasement may be eliminated only if: extra heavy pipe is used that precludes future maintenance or repair and cathodic protection of the pipe is provided.
         (f)   If encasement is eliminated for a gas or petroleum products pipeline, the facility shall be located so as to provide that construction does not disrupt the right-of-way.
      (6)   Minimum cover of underground facilities. Cover shall be provided and maintained at least in the amount specified in the following table for minimum cover for the type of facility:
 
   Type of Facility
   Minimum Cover
Communication, cable or video service lines
24 inches (or as determined by village)
Electric lines
30 inches
Gas or petroleum products
30 inches
Sanitary sewer, storm sewer, or drainage line
Sufficient cover to provide freeze protection
Water line
Sufficient cover to provide freeze protection - 66 inches minimum
 
   (B)   Standards and requirements for particular types of facilities.
      (1)   Electric power or telecommunication lines.
         (a)   Code compliance. Electric power or telecommunications facilities within village rights-of-way shall be constructed, operated, and maintained in conformity with the provisions of 83 Ill. Adm. Code Part 305 (formerly General Order 160 of the Illinois Commerce Commission) entitled Rules for Construction of Electric Power and Communications Lines, and the National Electrical Safety Code.
         (b)   Overhead facilities. Overhead power or telecommunication facilities shall use single pole construction and joint use of poles shall be required unless not practicable. Utilities shall make every reasonable effort to design the installation so guys and braces will not be needed. Variances may be allowed if there is no practicable alternative and if guy wires are equipped with guy guards for maximum visibility.
         (c)   Underground facilities. Cable may be installed by trenching or plowing, when approved by the Village Engineer; provided that, special consideration is given to boring in order to minimize damage when crossing improved entrances and side roads. If a crossing is installed by boring or jacking, encasement shall be provided between jacking or bore pits. Encasement may be eliminated only if: the crossing is installed by the use of “moles”, “whip augers” or other village approved method which compress the earth to make the opening for cable installation or the installation is by the open trench method which is only permitted prior to roadway construction. Cable shall be grounded in accordance with the National Electrical Safety Code.
         (d)   Burial of drops. All temporary service drops placed between November 1 of the prior year and March 15 of the current year, also known as snowdrops, shall be buried by May 31 of the current year, weather permitting, unless otherwise permitted by the village. Weather permitting, utilities shall bury all temporary drops, excluding snowdrops, within ten business days after placement.
      (2)   Underground facilities other than electric power or telecommunication lines. Underground facilities other than electric power or telecommunication lines may be installed by:
         (a)   The use of “moles”, “whip augers” or other village approved methods which compress the earth to move the opening for the pipe;
         (b)   Jacking or boring with vented encasement provided between the ditch lines or toes of slopes of the highway;
         (c)   Open trench with vented encasement between ultimate ditch lines or toes of slopes, but only if prior to roadway construction; or
         (d)   Tunneling with vented encasement, but only if installation is not possible by other means.
      (3)   Gas transmission, distribution and service. Gas pipelines within rights-of-way shall be constructed, maintained, and operated in a village approved manner and in conformance with the Federal Code of the Office of Pipeline Safety Operations, Department of Transportation, Part 192 - Transportation of Natural and Other Gas by Pipeline: Minimum Federal Safety Standards (49 C.F.R. part 192), IDOT’s Standard Specifications for Road and Bridge Construction and all other applicable laws, rules and regulations.
      (4)   Petroleum products pipelines. Petroleum products pipelines within rights-of-way shall conform to the applicable sections of ANSI Standard Code for Pressure Piping. (Liquid Petroleum Transportation Piping Systems ANSI-B31.4).
      (5)   Waterlines, sanitary sewer lines, storm water sewer lines or drainage lines. Water lines, sanitary sewer lines, storm sewer lines and drainage lines within rights-of-way shall meet or exceed the recommendations of the current Standard Specifications for Water and Sewer Main Construction in Illinois.
      (6)   Ground-mounted appurtenances. Ground-mounted appurtenances to overhead or underground facilities, when permitted within a right-of-way, shall be provided with a vegetation-free area extending one foot in width beyond the appurtenance in all directions. The vegetation-free area may be provided by an extension of the mounting pad, or by heavy duty plastic or similar material approved by the Engineer. With the approval of the Community Development Director, shrubbery surrounding the appurtenance may be used in place of vegetation-free area. The housing for ground-mounted appurtenances shall be painted a neutral color to blend with the surroundings. The facilities meet all the Zoning Code requirements of §§ 16-5-7, 16-12-1, 16-12-2, 16-16-3, 16-16-8, 16-16-9 and 16-18-1.
   (C)   Materials.
      (1)   General standards. The materials used in constructing facilities within rights- of-way shall be those meeting the accepted standards of the appropriate industry, the applicable portions of IDOT’s Standards Specifications for Road and Bridge Construction, the requirements of the Illinois Commerce Commission, or the standards established by other official regulatory agencies for the appropriate industry.
      (2)   Material storage on right-of- way. No material shall be stored on the right-of-way without the prior written approval of the Village Engineer. When such storage is permitted, all pipe, conduit, wire, poles, cross arms or other materials shall be distributed along the right-of-way prior to and during installation in a manner to minimize hazards to the public or an obstacle to right-of-way maintenance or damage to the right-of-way and other property. If material is to be stored on right-of-way, prior approval must be obtained from the village.
      (3)   Hazardous materials. The plans submitted by the utility to the village shall identify any hazardous materials that may be involved in the construction of the new facilities or removal of any existing facilities.
   (D)   Operational restrictions.
      (1)   No permitee or any person acting on a permitee’s behalf shall take any action or permit any action to be done which may impair or damage any village property, right-of-way, or other property located in, on or adjacent to the facilities being constructed.
      (2)   Construction operations on rights-of-way may, at the discretion of the village, be required to be discontinued when such operations would create hazards to traffic or the public health, safety and welfare. Such operations may also be required to be discontinued or restricted when conditions are such that construction would result in extensive damage to the right-of-way or other property.
      (3)   These restrictions may be waived by the Engineer when emergency work is required to restore vital utility or telecommunication services.
      (4)   Unless otherwise permitted by the village, the hours of construction are those set forth in § 14-2-17(H) of this code of ordinances.
   (E)   Location of existing facilities. Any utility proposing to construct facilities in the village shall contact J.U.L.I.E. and ascertain the presence and location of existing above-ground and underground facilities within the rights-of-way to be occupied by its proposed facilities. The village will make its permit records available to a utility for the purpose of identifying possible facilities. When notified of an excavation or when requested by the village or by J.U.L.I.E., a utility shall locate and physically mark its underground facilities within 48 hours, excluding weekends and holidays, in accordance with the Illinois Underground Facilities Damage Prevention Act (220 ILCS 50/1 et seq.)
(Ord. 2009-05-22, passed 5-4-2009; Am. Ord. 2017-03-08, passed 3-20-2017)
§ 12-5-17  VEGETATION CONTROL.
   (A)   Electric utilities - compliance with state laws and regulations. An electric utility shall conduct all tree-trimming and vegetation control activities in the right-of-way in accordance with applicable Illinois laws and regulations, and additionally, with such local franchise or other agreement with the village as permitted by law.
   (B)   Other utilities - tree trimming permit required. Tree trimming that is done by any other utility with facilities in the right-of-way and that is not performed pursuant to applicable Illinois laws and regulations specifically governing same, shall not be considered a normal maintenance operation, but shall require the application for, and the issuance of, a permit, in addition to any other permit required under this article.
      (1)   Application for tree trimming permit. Applications for tree trimming permits shall include assurance that the work will be accomplished by competent workers with supervision who are experienced in accepted tree pruning practices. Tree trimming permits shall be issued by the Director of Public Works and shall designate an expiration date in the interest of assuring that the work will be expeditiously accomplished.
      (2)   Damage to trees. Poor pruning practices resulting in damaged or misshapen trees as determined by the Director of Public Works will not be tolerated and shall be grounds for cancellation of the tree trimming permit and for assessment of damages. The village will require compensation for trees extensively damaged and for trees removed without authorization. The formula developed by the International Society of Arboriculture will be used as a basis for determining the compensation for damaged trees or unauthorized removal of trees. The village may require the removal and replacement of trees if trimming or radical pruning would leave them in an unacceptable condition.
   (C)   Specimen trees or trees of special significance. The Director of Public Works may require that special measures be taken to preserve specimen trees or trees of special significance. The required measures may consist of higher poles, side arm extensions, covered wire or other means.
   (D)   Chemical use.
      (1)   Except as provided in the following division, no utility shall spray, inject or pour any chemicals on or near any trees, shrubs or vegetation in the village for any purpose, including the control of growth, insects or disease.
      (2)   Spraying of any type of brush-killing chemicals will not be permitted on rights-of-way unless the utility demonstrates to the satisfaction of the Director of Public Works that such spraying is the only practicable method of vegetation control.
(Ord. 2009-05-22, passed 5-4-2009)
§ 12-5-18  REMOVAL, RELOCATION OR MODIFICATIONS OF UTILITY FACILITIES.
   (A)   Notice. Within 90 days following written notice from the village, a utility shall, at its own expense, protect, support, temporarily or permanently disconnect, remove, relocate, change or alter the position of any utility facilities within the rights-of-way to the satisfaction of the village whenever the corporate authorities have determined that such removal, relocation, change or alteration, is reasonably necessary for the construction, repair, maintenance or installation of any village improvement in or upon, or the operations of the village in or upon, the rights-of-way.
   (B)   Removal of unauthorized facilities. Within 30 days following written notice from the village, any utility that owns, controls or maintains any unauthorized facility or related appurtenances within the rights-of-way shall, at its own expense, remove all or any part of such facilities or appurtenances from the rights-of-way. A facility is unauthorized and subject to removal in the following circumstances:
      (1)   Upon expiration or termination of the permittee’s license or franchise, unless otherwise permitted by applicable law;