(A) General Requirements: In addition to location requirements applicable to specific types of facilities, all 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 Director of Public Works 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. All utility facilities shall be located so to maintain not less than five feet (5') of clearance from the Village's utility facilities, except where it is found to be commercially impracticable by the Director of Public Works.
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.
6. Elimination Of Aboveground Utility Poles: The Village is not required to install or maintain any specific utility pole or to continue to install or maintain utility poles in any location if it makes a non-discriminatory decision to eliminate aboveground utility poles of a particular type. For Village utility poles with collocated small wireless facilities in place when the Village makes a decision to eliminate aboveground utility poles, the Village will, at its discretion, either maintain the utility pole or install and maintain an alternative utility pole for the collocation of the small wireless facility, or offer to sell the utility pole to the wireless provider.
(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 curbed, poles are as remote as practicable from the curb with a minimum distance of two feet (2') (0.6 m) behind the face 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 (4') (1.2 m) 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 (1') (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;
(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 (5') (1.5 m) from the right-of-way line and any above grounded appurtenance shall be located within one foot (1') (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. Ninety Degree Crossing Required: Crossing facilities shall cross at or as near to a ninety degree (90°) 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 (1') (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; and
(b) Capacity for the utility's foreseeable future expansion needs is provided in the initial installation.
6. Markers: The Village may require the utility 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 utility, and an emergency phone number. Markers may also be eliminated as provided in current Federal Regulations (49 CFR section 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. Small Wireless Facilities:
(a) The Village may not require the placement of a small wireless facility on a specific utility pole or category of poles. However, should the application necessitate the installation of a new utility pole, the Village may propose that the small wireless facility be collocated on an existing utility pole or existing support structure within one hundred feet (100') of the proposed collocation. Should the applicant reject the proposed relocated collocation, it must provide a written certification describing the property rights, technical limits or material cost reasons the alternative location will not satisfy the wireless provider's needs. The Village may require any monopole, utility pole or other freestanding facility located within a right-of-way to be screened from view in compliance with the appearance standards described below.
(b) If all existing monopoles, utility poles and other aboveground facilities are located on one side of the right-of- way, all new monopoles, utility poles and other freestanding facilities shall be located on the same side of the right-of-way as the existing aboveground facilities. If there exist aboveground facilities on both sides, new freestanding facilities shall be located on the side where the aboveground facilities most closely match the scale of the new freestanding facility.
2. Other Facilities:
(a) The Village may restrict the location and size of any monopole, utility pole or other freestanding facility located within a right-of-way. No freestanding facility located within a right-of-way may be constructed or modified so that the height of the freestanding facility is higher by more than ten feet (10') or more than ten percent (10%), whichever is greater, than any other existing, freestanding facility located within the right- of-way within three hundred feet (300') of the proposed facility, measured along the center line of the respective right-of-way. Where there are no other freestanding facilities located within three hundred feet (300') of the proposed facility, the maximum height of the freestanding facility shall be forty five feet (45').
(b) The Village may require any monopole, utility pole or other freestanding facility located within a right-of-way to be screened from view.
(c) If all existing monopoles, utility poles and other aboveground facilities are located on one side of the right-of- way, all new monopoles, utility poles and other freestanding facilities shall be located on the same side of the right-of-way as the existing aboveground facilities. If there exist aboveground facilities on both sides, new freestanding facilities shall be located on the side where the aboveground facilities most closely match the scale of the new freestanding facility.
(F) Height Restrictions For Small Wireless Facilities: Small wireless facilities are limited to a maximum height of ten feet (10') above the utility pole or wireless structure on which it is collocated. The height limit of a new or replacement utility pole or wireless support structure on which small wireless facilities are collocated is limited to the higher of:
1. Ten feet (10') higher than the tallest existing utility pole within three hundred feet (300') of the new or replacement utility pole or wireless support structure that is in the same right-of-way; or
2. Forty five feet (45') above ground level. The Village shall designate which intersecting right-of-way within three hundred feet (300') of the proposed utility pole or wireless support structure shall control the height limitation.
(G) 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 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 Municipally-owned infrastructure shall be used wherever practicable; the installation of additional utility poles or monopoles is strongly discouraged.
(H) Facility Attachments To Bridges Or Roadway Structures:
1. Facilities may be installed as attachments to bridges or roadway structures only where the wireless provider or 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. A wireless facility or utility 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 wireless provider or 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 wireless facility or utility service as compared to the risk involved. (Ord. 2018-4776, 7-23-2018)