Section
96.01 Purpose; scope
96.02 Definitions
96.03 Annual registration required
96.04 Permit required; applications and fees
96.05 Action on permit applications
96.06 Effect of permit
96.07 Revised permit drawings and GPS locations
96.08 Insurance
96.09 Indemnification
96.10 Security
96.11 Permit suspension and revocation
96.12 Change of ownership or owner’s identity or legal status
96.13 General construction standards
96.14 Traffic control
96.15 Location of facilities
96.16 Construction methods and materials
96.17 Vegetation control
96.18 Removal, relocation, or modifications of utility facilities
96.19 Clean-up and restoration
96.20 Maintenance and emergency maintenance
96.21 Variances
96.98 Enforcement
96.99 Penalty
Appendix A: Tree Trimming Permit Application Form
Appendix B: Right-of-Way Permit Application Form
(A) Purpose. The purpose of this chapter is to establish policies and procedures for constructing facilities on rights-of-way within the city’s jurisdiction, which will provide public benefit consistent with the preservation of the integrity, safe usage, and visual qualities of the city rights-of-way and the city as a whole.
(B) Intent. In enacting this chapter, the city intends to exercise its authority over the rights-of-way in the city and, in particular, the use of the public ways and property by utilities, by establishing uniform standards to address issues presented by utility facilities, 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 city’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 stormwater 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 city’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 utility facilities locations.
(C) Facilities subject to this chapter. This chapter applies to all facilities on, over, above, along, upon, under, across, or within the rights-of-way within the jurisdiction of the city. A facility lawfully established prior to the effective date of this chapter 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 city, in its discretion and as limited by law, may require certain 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 city rights-of-way. Utilities that are not required by law to enter into such an agreement may request that the city enter into such an agreement. In such an agreement, the city may provide for terms and conditions inconsistent with this chapter, to the extent authorized by applicable law.
(E) Effect of franchises, licenses, or similar agreements.
(1) Utilities other than telecommunications providers. To the extent authorized by applicable law and in the event that a utility other than a telecommunications provider has a franchise, license or similar agreement with the city, 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. To the extent authorized by applicable law and in the event of any conflict with, or inconsistency between, the provisions of this chapter and the provisions of any franchise, license or similar agreement between the city 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 chapters. This chapter supersedes all chapters or parts of chapters 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 chapter, the utility shall comply with the requirements of this chapter to the maximum extent possible without violating federal or state laws or regulations.
(H) Sound engineering judgment. The city shall use sound engineering judgment when administering this chapter and may vary the standards, conditions, and requirements expressed in this chapter when the city so determines. Nothing herein shall be construed to limit the ability of the city to regulate its rights-of-way for the protection of the public health, safety and welfare.
(Ord. 2024-18, passed 11-13-2024)
For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. 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.
ASHTO. American Association of State Highway and Transportation Officials.
ANSI. American National Standards Institute.
APPLICANT. A person applying for a permit under this chapter.
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.
CITY. The City of Lacon.
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 Municipal Code of the City of Lacon.
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 that crosses one or more right-of-way lines of a right-of-way.
DISRUPT THE RIGHT-OF-WAY. For the purposes of this chapter, 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.
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.
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, track and rails, wires, 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 chapter. For purposes of this chapter, the term FACILITY shall not include any facility owned or operated by the city.
FREESTANDING FACILITY. A facility that is not a crossing facility or a parallel facility, such as an antenna, 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 City Superintendent of Public Works 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.
ICC. Illinois Commerce Commission.
IDOT. Illinois Department of Transportation.
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 that is generally 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.
PAVEMENT CUT. The removal of an area of pavement for access to facility or for the construction of a facility.
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).
PETROLEUM PRODUCTS PIPELINES. Pipelines carrying crude or refined liquid petroleum products including, but not limited to, gasoline, distillates, propane, butane, or coal-slurry.
PROMPT. That which is done within a period of time specified by the city. 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 city has the right and authority to authorize, regulate or permit the location of facilities other than those of the city. RIGHT-OF-WAY or RIGHTS-OF-WAY shall not include any real or personal city property that is not specifically described in the previous two sentences and shall not include city buildings, fixtures and other structures or improvements, regardless of whether they are situated in the right-of-way.
ROADWAY. That part of the highway that includes the pavement 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.
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.
SUPERINTENDENT OF PUBLIC WORKS. The City Superintendent of Public Works or his or her designee.
TELECOMMUNICATIONS. This term includes, but is not limited to, messages or information transmitted through use of local, toll, and wide area telephone service, private line services, channel services, telegraph services, teletypewriter, computer exchange services, cellular mobile telecommunications service, specialized mobile radio, stationary two-way radio, paging service, or any other form of mobile and portable one-way or two-way communications, or 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. As used herein, PRIVATE LINE means a dedicated non-traffic sensitive service for a single customer, that entitles the customer to exclusive or priority use of a communications channel or group of channels, from one or more specified locations to one or more other specified locations. The definition of 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 purchases of telecommunications by a telecommunications service provider for use as a component part of the service provided by such provider to the ultimate retail consumer who originates or terminates the taxable 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 et seq.), as now or hereafter amended, or cable or other programming services subject to an open video system fee payable to the City through an open video system as defined in the Rules of the Federal Communications Commission (47 C.F.R. §§ 76.1500 et seq.), 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. 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. The individual or entity owning or operating any facility as defined in this chapter.
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 § 21-201(v) of the Illinois Cable and Video Competition Law of 2007, 220 ILCS 5/21-201(v).
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. 2024-18, passed 11-13-2024)
Every utility that occupies right-of-way within the city shall register on January 1 of each year with the Superintendent of Public Works, 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 § 96.08 of this chapter, in the form of a certificate of insurance.
(Ord. 2024-18, passed 11-13-2024)
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