(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 subsection.
(1) No Interference with Village Facilities. No utility facilities shall be placed in any location if the Community Development Director determines that the proposed location will require the relocation or displacement of any of the village's utility facilities or will otherwise interfere with the operation or maintenance of any of the village's utility facilities.
(2) Minimum Interference and Impact. The proposed location shall cause only the minimum possible interference with the use of the right-of-way and shall cause only the minimum possible impact upon, and interference with the rights and reasonable convenience of property owners who adjoin said right-of-way.
(3) No Interference with Travel. No utility facility shall be placed in any location that interferes with the usual travel on such right-of-way.
(4) 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.
(5) Size of Utility Facilities. The proposed installation shall use the smallest suitable vaults, boxes, equipment enclosures, power pedestals, and/or cabinets then in use by the facility owner, regardless of location, for the particular application.
(B) Parallel Facilities Located Within Highways.
(1) Overhead Parallel Facilities. An overhead parallel facility may be located within the right-of-way lines of a highway only if:
(a) Lines 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 uncurbed, poles are as remote from pavement edge as practicable with minimum distance of four feet (1.2 m) outside the outer shoulder line of the roadway and are not within the clear zone;
(c) No pole is located in the ditch line of a highway; and,
(d) Any ground-mounted appurtenance is located within one foot (0.3 m) 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 and not more than eight feet (2.4 m) from and parallel to the right-of-way line;
(b) A new facility may be located under the paved portion of a highway only if other locations are impracticable or inconsistent with sound engineering judgment (e.g., a new cable may be installed in existing conduit without disrupting the pavement); and
(c) In the case of an underground power or communications line, the facility shall be located as near the right-of-way line as practicable and not more than five feet (1.5 m) from the right-of-way line and any above-grounded appurtenance shall be located within one foot (0.3 m) 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) to avoid settlement or future repairs to the roadbed resulting from the installation of such crossing facilities.
(2) Culverts or Drainage Facilities. Crossing facilities shall not be located in culverts, or drainage facilities.
(3) 90 Degree Crossing Required. Crossing facilities shall cross at or as near to a 90 degree angle to the centerline as practicable.
(4) Overhead Power or Communication Facility. An overhead power or communication 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 (0.3 m) of the right-of-way line of the highway and outside of the clear zone; and
(c) Overhead crossings at major intersections are avoided.
(5) Underground Power or Communication Facility. An underground power or communication facility may cross a highway only if:
(a) The design materials and construction methods will provide maximum maintenance-free service life;
(b) Capacity for the entity's foreseeable future expansion needs is provided in the initial installation; and,
(c) Such power or communications facilities are installed in conduit at the time of burial.
(6) Markers. The village may require the entity to provide a marker at each right-of-way line where an underground facility other than a power or communication facility crosses a highway. Each marker shall identify the type of facility, the entity, 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. Above ground service facilities may be installed only if:
(1) No other existing facilities in the area are located underground;
(2) New underground installation is not technically feasible; and,
(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.
(G) Facility Attachments to Bridges or Roadway Structures.
(1) Facilities may be installed as attachments to bridges or roadway structures only where the entity 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 entity 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 entity 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 entity 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.
(I) Ground-Mounted Equipment Spacing Requirements. Ground-mounted equipment, where necessary, shall be sited in locations approved by the Director of Public Works in a manner that will effectively minimize public impact, optimize safety, and incorporate aesthetic concerns.
(J) New Utility Pole Location Restrictions. New above-ground utility poles, when allowed, shall be located a minimum of twelve (12) feet from driveway aprons, a minimum of five (5) feet from existing underground utility pipes owned by the Village, including but not limited to sanitary sewer, storm sewer and water main installations, and a minimum of ten (10) feet from other existing utility structures and appurtenances (fire hydrants, manholes, valves, etc.).
(K) Acoustic Regulations for Utility Equipment in Rights-of- Way. Utility equipment located in the public right-of-way and in residentially zoned districts shall be operated in such a manner so as to minimize any possible disruption to residents and occupants of nearby buildings caused by noise. Backup generators, if needed, shall only be operated during periods of power outages, and for no more than one weekly testing period not to exceed 15 minutes, and shall not be tested on weekends or holidays, or between the hours of 5:00 p.m. and 7:00 a.m. Except during periods of construction, power outages, or during authorized backup testing conforming to the time limitations in this division, at no time shall any utility facility, or group of ground or pole-mounted utility facilities, in a residentially zoned area be permitted to exceed 45 dBA at a ground level distance of 20 feet as measured from the pole base or ground-mounted equipment, as applicable, or exceed any other applicable noise levels imposed by codes adopted by the village.
(Ord. 1420-07, passed 12-18-07; Am. Ord. 1911-19, passed 4-2-19; Am. Ord. 2024-22, passed 7-12-22)