(A) Permit Required. No entity, including contractors of an entity, shall construct (as defined in this chapter) any permitted facility on, over, above, along, upon, under, across, or within any village right-of-way, including but not limited to construction which (1) changes the location of the facility, (2) adds a new facility or replaces an existing facility, (3) disrupts the right-of-way (as defined in this chapter), or (4) 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 Community Development Director and obtaining a permit from the village therefore, 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.
(1) All applications for permits pursuant to this chapter shall be on a form acceptable to 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.
(2) An applicant for a permit acknowledges that the village's records are subject to disclosure upon request pursuant to the Illinois Freedom of Information Act, ILCS Ch. 5, Act 140, § 1 et seq. Therefore, if in the applicant's opinion such plans contain information which the applicant considers to be trade secrets or otherwise confidential, the applicant shall specify in writing to the village at the time such plans, maps, or other documents are provided, the information which is so regarded. If the village receives a request for disclosure of such information, the village shall timely notify the applicant of such request and give the applicant the opportunity to either provide copies of such plans, maps, or documents in which such information has been deleted or to seek an appropriate protective order for the submitted plans, maps, or documents in the Circuit Court of DuPage County.
(C) Minimum General Application Requirements. The application shall be made by the entity or its duly authorized representative and shall contain, at a minimum, the following:
(1) The entity's name and address, telephone and telecopy numbers and e-mail address:
(2) The applicant's name and address, if different than the entity, its telephone, telecopy numbers, e-mail address, and its interest in the work;
(3) The names, addresses and telephone and telecopy 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 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 proposed work.
(5) Evidence that the entity 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) Where an application indicates that an applicant's use of the right-of-way may involve situations that pose a potential risk to public health and safety, the applicant shall submit 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 and shall be subject to review by the village's Emergency Management Coordinator and the local Fire Protection District. 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 Illinois licensed professional engineer that such drawings, plans, and specifications comply with applicable codes, rules, and regulations;
(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 entity 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 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 the Metropolitan Water Reclamation District or any other local or state entities with jurisdiction, have been satisfied;
(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;
(6) A statement as to whether the right-of-way or contiguous private property is the subject of a recorded Highway Authority Agreement;
(7) In the case of small wireless facilities and associated utility poles or wireless support structures in the right-of-way, demonstrated conformance with the village's adopted General Guidelines and Small Wireless Facility Design, Aesthetic, Stealth and Concealment Standards, where applicable, as such standards may be amended from time to time.
(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 entity in writing to the village within 14 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 specified in village fees schedules by any electricity entity that is paying the municipal electricity infrastructure maintenance fee pursuant to the Electricity Infrastructure Maintenance Fee Act.
(G) Permit Prohibitions.
(1) No large above ground service facility shall be permitted in any right-of-way contiguous to and having a physical border with the front yard or the corner side yard of any private property unless the zoning district containing the private property permits the installation of above ground service facilities in front yards or corner side yards.
(2) No large above ground service facility shall be permitted in a right-of-way contiguous to a transition yard as defined by the zoning ordinance without a variation granted by the corporate authorities.
(3) No large above ground service facility shall be permitted to be installed above or on a potable water line, sanitary sewer line, gas lines or storm water sewer line, or within 50 feet of any fire hydrant.
(4) No facilities shall be permitted underground where there is inadequate space in the underground right of way to permit access maintenance and replacement of existing underground utilities or where the placement of an above ground facility threatens the pedestrian or vehicular safety.
(5) No large above ground service facility shall be located within 250 feet of any other large above ground facility that was installed or constructed after January 1, 2006.
(Ord. 1420-07, passed 12-18-07; Am. Ord. 2024-22, passed 7-12-22)