Loading...
(A) Notice: Within thirty (30) days following written notice from the Village, a utility shall, at its own expense, protect, support, temporarily or permanently disconnect, remove, relocate, change or alter the position of any utility facilities within the rights-of-way whenever the Corporate Authorities have determined that such removal, relocation, change or alteration, is reasonably necessary for the construction, repair, maintenance, or installation of any Village improvement in or upon, or the operations of the Village in or upon, the rights-of-way.
(B) Removal of Unauthorized Facilities: Within thirty (30) days following written notice from the Village, any utility that owns, controls, or maintains any unauthorized facility or related appurtenances within the rights-of-way shall, at its own expense, remove all or any part of such facilities or appurtenances from the rights-of-way. A facility is unauthorized and subject to removal in the following circumstances:
1. Upon expiration or termination of the permittee's license or franchise, unless otherwise permitted by applicable law;
2. If the facility was constructed or installed without the prior grant of a license or franchise, if required;
3. If the facility was constructed or installed without prior issuance of a required permit in violation of this chapter; or
4. If the facility was constructed or installed at a location not permitted by the permittee's license or franchise.
(C) Emergency Removal or Relocation of Facilities: The Village retains the right and privilege to cut or move any facilities located within the rights-of-way of the Village, as the Village may determine to be necessary, appropriate or useful in response to any public health or safety emergency. If circumstances permit, the Municipality shall attempt to notify the utility, if known, prior to cutting or removing a facility and shall notify the utility, if known, after cutting or removing a facility.
(D) Abandonment Of Facilities: As used in this chapter, a facility that is not operated for a continuous period of twelve (12) months shall be considered abandoned. Upon abandonment of a facility within the rights-of-way of the Village, the utility shall notify the Village within ninety (90) days. The owner of the abandoned facility must remove the facility within ninety (90) days after sending such written notice to the Village. The Village may direct the utility to remove all or any portion of the facility if the Public Works Director determines that such removal will be in the best interest of the public health, safety and welfare. If the facility is not removed within ninety (90) days of such notice, the Village may remove or cause the removal of the facility pursuant to the terms of its pole attachment agreement for Village utility poles or through whatever actions are provided for abatement of nuisances or by other law for removal and cost recovery.
(Ord. 2024-5097, 10-7-2024)
The utility or contractor shall remove all excess material and restore all turf and terrain and other property within ten (10) days after any portion of the rights-of-way are disturbed, damaged or destroyed due to construction or maintenance by the utility, all to the satisfaction of the Village. This includes restoration of entrances and side roads. Restoration of pavement surfaces shall be made using materials and methods approved by the Public Works Director. Such cleanup and repair may be required to consist of backfilling, regrading, reseeding, resodding, or any other requirement to restore the right-of-way to a condition substantially equivalent to that which existed prior to the commencement of the project. The time period provided in this section may be extended by the Public Works Director for good cause shown. Failure by the utility or contractor to comply with the restoration work requirements within ten (10) days, referred to in this section, or failure to request inspection of same, shall result in the Public Works Director withdrawing an amount from the construction deposit, deemed sufficient by the Public Works Director to complete the restoration work.
(Ord. 2024-5097, 10-7-2024)
(A) General: Facilities on, over, above, along, upon, under, across, or within rights-of-way are to be maintained by or for the utility in a manner satisfactory to the Village and at the utility's expense.
(B) Emergency Maintenance Procedures: Emergencies may justify noncompliance with normal procedures for securing a permit:
1. If an emergency creates a hazard on the traveled portion of the right-of-way, the utility shall take immediate steps to provide all necessary protection for traffic on the highway or the public on the right-of-way including the use of signs, lights, barricades or flaggers. If a hazard does not exist on the traveled way, but the nature of the emergency is such as to require the parking on the shoulder of equipment required in repair operations, adequate signs and lights shall be provided. Parking on the shoulder in such an emergency will only be permitted when no other means of access to the facility is available.
2. In an emergency, the utility shall, as soon as possible, notify the Public Works Director or his or her duly authorized agent of the emergency, informing him or her as to what steps have been taken for protection of the traveling public and what will be required to make the necessary repairs. If the nature of the emergency is such as to interfere with the free movement of traffic, the Village police shall be notified immediately.
3. In an emergency, the utility shall use all means at hand to complete repairs as rapidly as practicable and with the least inconvenience to the traveling public.
(C) Emergency Repairs: The utility or contractor must file in writing with the Village a description of the repairs undertaken in the right-of-way within forty eight (48) hours after an emergency repair.
(Ord. 2024-5097, 10-7-2024)
The Village Board shall hear appeals where it is alleged there has been an error in any order, requirement, decision or determination made by the Public Works Director in the administration, interpretation, or enforcement of this Chapter.
(A) Appeals of administrative decisions must be filed within forty-five (45) days of the date of the order, requirement, decision or determination being appealed.
(B) In acting on the appeal, the Village Board must grant to the Public Works Director's decision a presumption of correctness, placing the burden of persuasion of error on the appellant.
(Ord. 2024-5097, 10-7-2024)
Any person who violates, disobeys, omits, neglects or refuses to comply with any of the provisions of this chapter shall be subject to fine in accordance with the penalty provisions of Title 1, Chapter 20, "Fees, Fines, Insurance, Guarantees, and Regulatory Measures". There may be times when the Village will incur delay or other costs, including third party claims, because the wireless provider or utility will not or cannot perform its duties under its permit and this chapter. Unless the wireless provider, utility or contractor shows that another allocation of the cost of undertaking the requested action is appropriate, the wireless provider or utility shall bear the Village's costs of damages and its costs of installing, maintaining, modifying, relocating, or removing the facility that is the subject of the permit. No other administrative agency or commission may review or overrule a permit related cost apportionment of the Village. Sanctions may be imposed upon a wireless provider, utility or contractor that does not pay the costs apportioned to it. Nothing in this chapter shall be construed as limiting any additional or further remedies that the Village may have for enforcement of this chapter.
(Ord. 2024-5097, 10-7-2024)