(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)