(A)   Permit required. No utility, entity, or person shall construct (as defined in this chapter) any facility on, over, above, along, upon, under, across, or within any village right-of-way as listed below without first filing an application with the village, paying any applicable application fee as determined from time to time by resolution of the Village Board of Trustees and obtaining a permit from the village therefor, except as otherwise provided in this chapter.
      (1)   Changes the location of the facility;
      (2)   Installs or alters a service line;
      (3)   Adds a new facility;
      (4)   Disrupts the right-of-way (as defined in this chapter);
      (5)   Obstructs and/or encroaches into the right-of-way (as defined by this chapter); or
      (6)   Materially increases the amount of area or space occupied by the facility on, over, above, along, under, across or within the right-of-way.
   (B)   Permit application. All applications for permits pursuant to this chapter shall be filed on a form provided by the village. The applicant may designate those portions of its application materials that it reasonably believes contain proprietary or confidential information as "proprietary" or "confidential" by clearly marking each page of such materials accordingly.
      (1)   Minimum general application requirements. The application shall be made by the utility or its duly authorized representative and shall contain, at a minimum, the following:
         (a)   The utility's name and address, telephone number and email address;
         (b)   The applicant's name, address, telephone number and e-mail address, and its interest in the work;
         (c)   The name, address, telephone number and e-mail address of all professional consultants, if any, advising the applicant with respect to the work within the right-of-way;
         (d)   A general description of the proposed work, purpose, intent and use of the facility, with special emphasis on the impact to the right-of-way by the proposed work;
         (e)   Evidence that the applicant has placed on file with the village a written traffic control plan demonstrating the protective measures and devices that will be employed consistent with the Illinois Manual on Uniform Traffic Control Devices, to prevent injury or damage to persons or property and to minimize disruptions to efficient pedestrian and vehicular traffic; and an emergency contingency plan which shall specify the nature of potential emergencies, including, without limitation, construction and hazardous materials emergencies, and the intended response by the applicant. The intended response shall include notification to the village and shall promote protection of the safety and convenience of the public. Compliance with ICC regulations for emergency contingency plans constitutes compliance with this chapter unless the village finds that additional information or assurances are needed;
         (f)   Drawings, plans and specifications showing the work proposed, including the certification of an engineer that such drawings, plans, and specifications comply with applicable codes, rules, and regulations;
         (g)   Evidence of insurance as required in this chapter;
         (h)   Evidence of performance guarantee posting as required in this chapter;
         (i)   Proposed landscape screening plan per requirements in this chapter;
         (j)   A written request for any deviation from one or more provisions of this chapter; and
         (k)   Any additional information as may be reasonably required by the village.
      (2)   Supplemental application requirements for specific types of utilities. In addition to the requirements previously outline in this chapter, the permit application shall include the following items, as applicable to the specific utility that is the subject of the permit application:
         (a)   Electric power, communications, telecommunications, cable television service, video service or natural gas distribution system. Must provide evidence that any "certificate of public convenience and necessity" or other regulatory authorization that the applicant is required by law to obtain, or that the applicant has elected to obtain, has been issued by the ICC or other jurisdictional authority;
         (b)   Natural gas systems. Must provide the proposed pipe size, design, construction class, and operating pressures;
         (c)   Water lines. Must indicate that all requirements of the Illinois Environmental Protection Agency, Division of Public Water Supplies, have been satisfied;
         (d)   Sanitary sewer lines. Must indicate that the land and water pollution requirements of the Illinois Environmental Protection Agency, Division of Water Pollution Control have been satisfied; or
         (e)   Petroleum products pipelines. Must provide the type(s) of petroleum products, pipe size, maximum working pressure, and the design standard to be followed.
         (f)   Disturbance of more than 1.0 acres of right-of-way. Must indicate that a NPDES erosion control permit has been acquired from the IEPA.
      (3)   Village standards. The village standards for repair of village right-of-way, roadways and facilities disturbed by any utility activities are as set forth in the village Infrastructure Design Manual, latest edition.
   (C)   Applicant's duty to update information.
      (1)   Throughout the entire permit application review period and the construction period authorized by the permit, any amendments to information contained in a permit application shall be submitted by the applicant in writing to the village for review and village approval two business days prior to any work effected by the amendment.
      (2)   In the event that the locations of any facilities deviate in any material respect from the locations identified in the plans, drawings and specifications submitted with the permit application, the permittee shall submit a revised set of drawings or plans to the village.
         (a)   The revised drawings or plans shall specifically identify where the locations of the facilities deviate from the locations approved in the permit.
         (b)   If any deviation from the permit also deviates from the requirements of this chapter, it shall be treated as a request for deviation in accordance with this chapter. If the village denies the request for a variance, then the permittee shall modify the facility so that it conforms to the requirements of this chapter and submit revised drawings or plans.
   (D)   Reimbursement of fees by applicant. Unless otherwise provided by franchise, license, or similar agreement, all applications for permits pursuant to this chapter shall be charged an application fee. However, in the event the village determines that engineering or other outside review of the application is necessary due to the size, scope, complexity of the proposed project from review of the application and submittal documents, or if it involves or impacts storm water management facilities or conflicts with other existing utilities, the village may forward the permit application and the drawings, plans and specifications to the Village Engineer's office, and/or other outside consultants for review and if the Village Engineer deems it necessary, for field observation and inspection of the work. The applicant shall be responsible to reimburse the village for all of its out of pocket expenses in reviewing applications and submittal documents, including, but not limited to, design documents and for field observation fees charged to the village by the Village Engineer's office, and/or other outside consultants, if any, charged to the village and billed at their usual and customary rates charged municipalities for similar services in assisting the village in reviewing permit applications under this chapter. No application fee or additional review fee is required to be paid by any electricity utility that is paying the municipal electricity infrastructure maintenance fee pursuant to the Electricity Infrastructure Maintenance Fee Act.
   (E)   Village review of permit applications. Completed permit applications, containing all required documentation, shall be examined by the village within a reasonable time after filing. If the application does not conform to the requirements of applicable ordinances, codes, laws, rules, and regulations, the village shall reject such application in writing, stating the reasons therefor. If the village is satisfied that the proposed work conforms to the requirements of this chapter and applicable ordinances, codes, laws, rules, and regulations, the village shall issue a permit therefor as soon as practicable. In all instances, it shall be the duty of the applicant to demonstrate, to the satisfaction of the village, that the construction proposed under the application shall be in full compliance with the requirements of this chapter.
      (1)   Telecommunications retailers; additional village review of applications.
         (a)   Pursuant to Chapter 4 of the Telephone Company Act (ILCS Ch. 220, Act 65, §4), a telecommunications retailer shall notify the village that it intends to commence work governed by this chapter for facilities for the provision of telecommunications services. Such notice shall consist of plans, specifications, and other documentation sufficient to demonstrate the purpose and intent of the facilities and shall be provided by the telecommunications retailer to the village not less than ten days prior to the commencement of work requiring no excavation and not less than 30 days prior to the commencement of work requiring excavation. The village shall specify the portion of the right-of-way upon which the facility may be placed, used, and constructed.
         (b)   In the event that the village fails to provide such specification of location to the telecommunications retailer within either: a) ten days after service of notice to the village by the telecommunications retailer in the case of work not involving excavation for new construction; or b) 25 days after service of notice by the telecommunications retailer in the case of work involving excavation for new construction, the telecommunications retailer may commence work without obtaining a permit under this chapter.
         (c)   Upon the provision of such specification by the village, where a permit is required for work pursuant to this chapter, the telecommunications retailer shall submit to the village an application for a permit and any and all plans, specifications, and documentation available regarding the facility to be constructed. Such application shall be subject to the requirements of this chapter.
      (2)   Holders of state authorization under the Cable and Video Competition Law of 2007. Additional village review of applications by a utility that is a holder of a state issued authorization under the Cable and Video Competition Law of 2007 shall be deemed granted 45 days after submission to the village, unless otherwise acted upon by the village, provided the holder has complied with applicable village codes, ordinances, and regulations.
   (F)   Effect of permit; authority granted; no property right or other interest created. A permit from the village authorizes a permittee to undertake only certain activities in accordance with this chapter on village rights-of-way and does not create a property right or grant authority to the permittee to impinge upon the rights of others who may have an interest in the rights-of-way.
      (1)   Duration. No permit issued under this chapter shall be valid for a period longer than six months unless construction is actually begun within that period and is thereafter diligently pursued to completion.
      (2)   Preconstruction meeting required. No construction shall begin pursuant to a permit issued under this chapter prior to attendance by the permittee and all major contractors and subcontractors who will perform any work under the permit at a preconstruction meeting. The preconstruction meeting shall be held at a date, time and place designated by the village with such village representatives in attendance as the village deems necessary. The meeting shall be for the purpose of reviewing the work under the permit and reviewing special considerations necessary in the areas where work will occur, including, without limitation, presence, or absence of other utility facilities in the area and their locations, procedures to avoid disruption of other utilities, use of rights-of-way by the public during construction, and access and egress by adjacent property owners.
      (3)   Compliance with all laws required. The issuance of a permit by the village does not excuse the permittee from complying with other requirements of the village and applicable statutes, laws, ordinances, rules, and regulations of other jurisdictions having authority.
      (4)   Deviations. Unless a deviation request is granted, all permitted work within the right-of-way shall comply with the requirements of this chapter. All non-compliant facilities shall either be removed from the right-of-way or modified so the facility is compliant.
      (5)   Inspections. Required inspections will be determined by the village and communicated as part of the permit application approval. For any required inspection and when construction is complete, the applicant shall notify the village that the work is ready for inspection. The inspection will be conducted by the village. Should the work be found unacceptable, the applicant shall have 30 days within which to upgrade the construction to meet the requirements of this chapter. If, at the end of that time, the work is still unacceptable, the village may complete the work and the applicant and/or owner shall reimburse the village for costs incurred.
      (6)   Permit close out.
         (a)   Completion of permitted work. When the work is completed the permit holder shall provide the village a complete set of as built plans with depth information in the form of shape files with Z data or PDF drawn to scale. The data should be georeferenced to the NAD_1983_StatePlane_ Illinois_East_FIPS_1201_Feet.
         (b)   Punch list inspection. Upon receipt of as-built plans, the village shall inspect the completed work for compliance with this chapter within ten days thereafter the permit holder shall complete, modify, repair, replace all non-compliant work identified by the village.
   (G)   Security.
      (1)   Purpose. The permittee shall establish a performance guarantee in a form and in an amount as set forth in this chapter. The performance guarantee shall be continuously maintained in accordance with this chapter at the permittee's sole cost and expense until the completion of the work authorized under the permit. The performance guarantee shall serve as security for:
         (a)   The faithful performance by the permittee of all the requirements of this chapter;
         (b)   Any expenditure, damage, or loss incurred by the village occasioned by the permittee's failure to comply with any codes, rules, regulations, orders, permits and other directives of the village issued pursuant to this chapter; and
         (c)   The payment by permittee of all liens and all damages, claims, costs, or expenses that the village may pay or incur by reason of any action or nonperformance by permittee in violation of this chapter including, without limitation, any damage to public property or restoration work the permittee is required by this chapter to perform that the village must perform itself or have completed as a consequence solely of the permittee's failure to perform or complete, and all other payments due the village from the permittee pursuant to this chapter or any other applicable law.
      (2)   Form. The permittee shall provide the performance guarantee to the village in the form, at the permittee's election, of cash, a surety bond in a form acceptable to the Village Attorney, or an unconditional letter of credit in a form acceptable to the Village Attorney. The permittee shall be required to deliver documents and other evidence to the Village Attorney evidencing that the issuing surety, bank, or financial institution meets the minimum requirements set forth in this chapter. Any surety bond or letter of credit provided pursuant to this subchapter shall, at a minimum:
         (a)   Provide that it will not be canceled without 45 day prior notice to the village and the permittee;
         (b)   Not require the consent of the permittee prior to the collection by the village of any amounts covered by it; and
         (c)   Shall provide a location convenient to the village and within the State of Illinois at which it can be drawn.
      (3)   Amount. The dollar amount of the performance guarantee shall be sufficient to provide for the reasonably estimated cost to restore the right-of-way and all public improvements to at least as good a condition as that existing prior to the construction under the permit. The amount of the performance guarantee shall also include the estimated cost to screen facilities greater than 40 inches in height with vegetative landscaping and to maintain and replace any failed landscaping for a period of two years (the "two-year maintenance period"), as determined by the village, and may also include reasonable, directly related costs that the village estimates are likely to be incurred if the permittee fails to perform such restoration. Where the construction of facilities proposed under the permit will be performed in phases in multiple locations in the village, with each phase consisting of construction of facilities in one location ora related group of locations, and where construction in another phase will not be undertaken prior to substantial completion of restoration in the previous phase or phases, the village may, in the exercise of sound discretion, allow the permittee to post a single amount of security which shall be applicable to each phase of the construction under the permit. The amount of the performance guarantee for phased construction shall be equal to the greatest amount that would have been required under the provisions of this subchapter for any single phase.
      (4)   Withdrawals. The village, upon 14 days' advance written notice clearly stating the reason for, and its intention to exercise withdrawal rights
under this subchapter, may withdraw an amount from the performance guarantee, provided that the permittee has not reimbursed the village for such amount within the 14 day notice period. Withdrawals may be made if the permittee:
         (a)   Fails to make any payment required to be made by the permittee hereunder;
         (b)   Fails to pay any liens relating to the facilities that are due and unpaid;
         (c)   Fails to reimburse the village for any damages, claims, costs, or expenses which the village has been compelled to pay or incur by reason of any action or nonperformance by the permittee; or
         (d)   Fails to comply with any provision of this chapter that the village determines can be remedied by an expenditure of an amount within the limits of the performance guarantee.
      (5)   Replenishment. Within 14 days after receipt of written notice from the village that any amount has been withdrawn from the performance guarantee, the permittee shall restore the performance guarantee to the amount specified in this chapter.
      (6)   Rights not limited. The rights reserved to the village with respect to the performance guarantee are in addition to all other rights of the village, whether reserved by this chapter or otherwise authorized by law, and no action, proceeding or exercise of right with respect to said security fund shall affect any other right the village may have. Notwithstanding the foregoing, the village shall not be entitled to a double monetary recovery with respect to any of its rights which may be infringed or otherwise violated.
      (7)   Suitability of security. In the event the permittee elects to post a surety bond as its security fund, the bond shall be issued by a surety company or insurance company authorized by the Illinois Department of Insurance to issue sureties in the State of Illinois. In the event the permittee elects to post an irrevocable letter of credit from a bank or savings and loan association as its security fund, the issuing bank or savings and loan association shall be federally insured and shall have assets of not less than $50,000,000 and a capital asset ratio of not less than 6% unless the corporate authorities otherwise determine and deem it good and sufficient security.
      (8)   Security not required. The village may determine that it is unnecessary to provide security for certain projects. It is at the village's sole discretion to determine when security is required.
   (H)   Permit suspension, enforcement and revocation.
      (1)   Village right to revoke permit. The village may revoke or suspend a permit issued pursuant to this chapter for one or more of the following reasons:
         (a)   Fraudulent, false, misrepresenting, or materially incomplete statements in the permit application;
         (b)   Noncompliance with this chapter;
         (c)   Permittee's physical presence or presence of permittee's facilities on, over, above, along, upon, under, across, or within the rights-of- way presents a direct or imminent threat to the public health, safety, or welfare;
         (d)   Permittee's failure to construct the facilities substantially in accordance with the terms of the permit and approved plans; or
         (e)   Unexpected or excessive collateral damage to public improvements.
      (2)   Notice of revocation or suspension. The village shall send written notice of its intent to revoke or suspend a permit issued pursuant to this chapter. The revocation is effective immediately upon receipt by the offending entity. The revocation intent notice shall state the reason or reasons for the revocation or suspension and the alternatives available to permittee under this chapter.
      (3)   Permittee alternatives upon receipt of notice of revocation or suspension. Upon receipt of a written notice of revocation or suspension from the village, the permittee shall have the following options:
         (a)   Immediately provide the village with evidence that no cause exists for the revocation or suspension;
         (b)   Immediately correct, to the satisfaction of the village, the deficiencies stated in the written notice, providing written proof of such correction to the village within five working days after receipt of the written notice of revocation; or
         (c)   Immediately remove the facilities located on, over, above, along, upon, under, across, or within the rights-of-way and restore the rights-of-way to the satisfaction of the village providing written proof of such removal to the village within ten days after receipt of the written notice of revocation.
      (4)   Extension of time period. The village may, in its discretion, for good cause shown, extend the time periods provided in this chapter.
      (5)   Stop work order. In addition to the issuance of a notice of revocation or suspension, the village may issue a stop work order immediately upon discovery of any of the reasons for revocation set forth within this chapter. Work shall not be resumed after the issuance of a stop work order except on the written permission of the village, if the stop order is oral, it shall be followed by a written stop order.
      (6)   Failure or refusal of the permittee to comply. The permittee shall be liable in all events to the village for all costs of removal. If the permittee fails to comply with the provisions of this chapter, the village at the option of the village may:
         (a)   Correct the deficiencies;
         (b)   Upon not less than 20 days' notice to the permittee, remove the subject property, facilities or equipment; or
         (c)   After not less than 30 days' notice to the permittee of failure to cure the noncompliance, deem them abandoned and property of the village.
      (7)   Enforcement actions. The village may serve notice requiring removal of any facility, obstruction, or encroachment within village right-of-way which is in violation of this chapter. This notice may be served on the owner or authorized agent, a tenant, architect, builder, contractor or other person who commits or participates in any violation. The village may request that the Village Attorney institute legal proceedings necessary to enforce this chapter or to prevent or remedy any violations thereof. The village may also request the assistance of the Village Police in enforcing this chapter. The owner or tenant of any structure, premises or part thereof and any architect, builder, contractor, agent or other person who commits, participates or assists in or maintains any violation may each be found guilty of a separate offense and subjected to the penalties outlined in this chapter.
(Ord. 21-06-02, passed 6-22-2021; Ord. 22-03-04, passed 3-22-2022) Penalty, see § 156.999