Section
156.001 Purpose
156.002 Intent
156.003 Administration
156.004 Applicability
156.005 Conflicts with state and federal laws
156.006 Sound engineering judgment
156.007 Definitions
156.008 Facilities subject to this chapter
156.009 Other activities subject to this chapter
156.010 Obstructions and encroachments
156.011 Agreements, registration, status changes, and insurance
156.012 Permit required, applications and fees
156.013 General construction standards
156.014 Vegetation control
156.015 Removal, relocation, or modifications of utility facilities
156.016 Cleanup and restoration
156.017 Maintenance and emergency maintenance
156.018 Deviations, exceptions or relief
156.019 Requirements to repair or remove
156.020 Pavement degradation
156.021 Relocations and rescission of use requested by village
156.999 Penalty
The purpose of this chapter is to establish policies and procedures for constructing and maintaining all facilities utilizing rights-of-way within the village's jurisdiction, which will provide public benefit consistent with the preservation of the integrity, safe usage, and visual qualities of the village rights-of-way and the village as a whole. This applies to all facilities on, over, above, along, upon, under, across or within the public rights-of-way. Nothing herein shall be construed to limit the ability of the village to regulate its rights-of-way for the protection of the public health, safety, and welfare.
(Ord. 21-06-02, passed 6-22-2021; Ord. 22-03-04, passed 3-22-2022)
In enacting this chapter, the village intends to exercise its authority over rights-of-way in the village and, in particular the use of public ways and property by utilities and others desiring to utilize rights-of-way, by establishing uniform standards to address issues presented by such facilities, including without limitation to:
(A) Prevent interference with the use of streets, sidewalks, alleys, parkways and other public ways and places;
(B) Prevent the creation of visual and physical obstructions and other conditions that are hazardous to vehicular and pedestrian traffic;
(C) Prevent interference with the facilities and operations of the village's utilities and of other utilities lawfully located in rights-of-way or public property;
(D) Protect against environmental damage, including damage to trees, from the installation of utility facilities;
(E) Prevent visual blight from the proliferation of facilities in the rights-of-way;
(F) Preserve the character of the neighborhoods in which facilities are installed;
(G) Assure the continued safe use and enjoyment of private properties adjacent to utility facilities locations; and
(H) Prevent proliferation of facilities utilizing rights-of-way or areas adjacent to rights-of-way which would increase the expense of maintenance and the cost of repair, rebuilding, or expansion of rights-of-way;
(I) Keep roadside ditches and culverts clean and maintained properly so they can adequately convey stormwater;
(J) Prevent unauthorized changes to public stormwater facilities that affect properties up and down stream; and
(K) Outline maintenance expectations for owners of properties adjacent to public right-of-way.
(Ord. 21-06-02, passed 6-22-2021; Ord. 22-03-04, passed 3-22-2022)
It shall be the duty of the Village Administrator or his or her designee to administer and enforce the regulations contained herein. 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. 21-06-02, passed 6-22-2021; Ord. 22-03-04, passed 3-22-2022)
When this chapter imposes a greater restriction than those imposed or required by the provisions of another exiting chapter or rules and regulations, this chapter shall control. When the provisions of existing chapter or rules and regulations impose greater restrictions than those imposed or required by this chapter, they shall control.
(Ord. 21-06-02, passed 6-22-2021; Ord. 22-03-04, passed 3-22-2022)
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