(A) Permit required. No person shall construct any facility on, over, above, along, upon, under, across or within any village right-of-way which (i) changes the location of the facility, (ii) adds a new facility, (iii) disrupts the right-of-way, or (iv) increases the amount of area or space occupied by the facility beyond that already occupied on, over, above, along, under, across or within the right-of-way, without first filing an application with the Village Director of Public Works and obtaining a permit from the village therefor, except as otherwise provided in this chapter. 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 chapter 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, address and telephone and fax numbers;
(2) The applicant’s name and address, if different than the utility, its telephone and fax numbers, e-mail address and its interest in the work;
(3) The names, addresses, telephone and fax numbers and e-mail addresses of all professional consultants, if any, advising the applicant with respect to the application;
(4) A general description of the proposed work, the dates on which the work is to commence and be completed, 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 other utilities within the affected right-of-way 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 without limitation the precise location of the work, the methods proposed to protect existing facilities within the affected right-of-way, the screening and landscaping proposed for any freestanding facilities and 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 § 52.14;
(8) Evidence of posting of the security fund as required in § 52.16;
(9) Any request for a variance from one or more provisions of this chapter (see § 52.50);
(10) Acknowledgment of the obligation to indemnify the village as required in § 52.15;
(11) Acknowledgment of the obligation to pay professional fees as required in § 52.11;
(12) Acknowledgment of the obligation not to file, claim or permit to be filed or claimed any lien or other encumbrance upon any right-of-way as required in § 52.30;
(13) Acknowledgment of the potential penalties, including without limitation payment of the village’s reasonable attorney’s fees, expert and witness fees and costs of suit, provided in § 52.99;
(14) Evidence of village licenses for all contractors and subcontractors as required in § 110.01 of this code;
(15) For any freestanding facility, the proposed screening and landscape plan;
(16) A tree survey from a certified arborist, together with a proposed plan for tree preservation or replacement. Replacement shall be accomplished by planting one or more trees, the total trunk diameter of which is equivalent to one and one-quarter times that of the replaced tree. The village may in its discretion direct the allocation and placement of such replacement trees; and
(17) 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) above, 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 new electric power, communications, telecommunications, cable television service, video service or natural gas distribution system installation, 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 any other local or state entities with jurisdiction, 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 chapter shall be accompanied by a fee in the amount of $100. 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.
(Ord. 2479, passed 6-16-08)