(A) Standards and principles. All construction in the right-of-way shall be consistent with applicable ordinances, codes, laws, rules and regulations, and commonly recognized and accepted traffic control and construction principles, sound engineering judgment and, where applicable, the principles and standards set forth in the applicable IDOT publications, as amended from time to time.
(B) Interpretation of municipal standards and principles. If a discrepancy exists between or among differing principles and standards required by this chapter, the village shall determine, in the exercise of sound engineering judgment, which principles apply, and such decision shall be final. If requested, the village, shall state which standard or principle will apply to the construction, maintenance, or operation of a facility in the future.
(C) Traffic control.
(1) Minimum requirements. The village's minimum requirements for traffic protection are contained in IDOT's Illinois Manual on Uniform Traffic Control Devices and this code.
(2) Warning signs, protective devices, and flaggers. The utility is responsible for providing and installing warning signs, protective devices, and flaggers, when necessary, meeting applicable federal, state, and local requirements for protection of the public and the utility's workers when performing any work on the rights-of-way.
(3) Interference with traffic. All work shall be phased so that there is minimum interference with pedestrian and vehicular traffic.
(4) Notice when access is blocked. At least 48 hours prior to beginning work that will partially or completely block access to any residence, business or institution, the utility shall notify the resident, business or institution of the approximate beginning time and duration of such work; provided, however, that in cases involving emergency repairs pursuant to this chapter, the utility shall provide such notice as is practicable under the circumstances.
(6) Compliance. The utility shall take immediate action to correct any deficiencies in traffic protection requirements that are brought to the utility's attention by the village.
(D) Location of facilities.
(1) General requirements. In addition to location requirements applicable to specific types of utility facilities, all facilities, regardless of type, shall be subject to the general location requirements of this subchapter.
(a) No interference with village facilities. No facilities shall be placed in any location if the village determines that the proposed location will require the relocation or displacement of any of the village's public improvements or will otherwise interfere with the operation or maintenance of any of the village's utility facilities.
(b) 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.
(c) No interference with travel. No facility shall be placed in any location that interferes with the usual travel on such right-of-way.
(d) No limitations on visibility. No facility shall be placed in the vision triangle at an intersection or at any location so as to limit visibility of or by users of the right-of-way.
(e) 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 application.
(f) No interference with drainage. No facilities shall be placed in any location that results in a blockage or disruption of stormwater drainage runoff.
(g) Underground utility lines shall comply with the minimum bury depths established by the NFPA, NEC or applicable regulatory agency.
(h) All utility lines carrying potential contaminants shall be located not less than two (2.0) feet below a village water line or water service line, unless other protective measures are implemented.
(2) Parallel facilities located within street rights-of-way.
(a) Overhead parallel facilities. An overhead parallel facility may be located within the right-of-way lines of a highway only if:
1. 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;
2. Where pavement is curbed, poles are as remote as practicable from the curb with a minimum distance of two feet (0.6 m) behind the face of the curb, where available;
3. Where pavement is uncurbed, poles are as remote from pavement edge as practicable with minimum distance of four feet (1.2 m) outside the outer shoulder line of the roadway and are not within the clear zone as defined by IDOT;
4. No pole is located in the ditch line of a highway; and
5. Any ground mounted appurtenance is located within one foot (0.3 m) of the right-of-way line or as near as possible to the right-of-way line.
(b) Underground parallel facilities. An underground parallel facility may be located within the right-of-way lines of a village street only if:
1. The facility is located as near the right-of-way line as practicable and not more than eight feet (2.4 m) from and parallel to the right-of-way line;
2. A new facility may be located under the paved portion of a village street 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
3. 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 (1.5 m) from the right-of-way line and any above ground appurtenance shall be located within one foot (0.3 m) of the right-of-way line or as near as practicable.
(3) Facilities crossing streets.
(a) No future disruption. The construction and design of crossing facilities installed between the ditch lines or curb lines of village streets 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.
(b) Culverts or drainage facilities. Crossing facilities shall not be located inside culverts or drainage facilities.
(c) Ninety degree crossing required. Crossing facilities shall cross at or as near to a 90 degree angle to the centerline of the street pavement as practicable.
(d) Overhead power or communication facility. An overhead power or communication facility may cross a highway only if:
1. It has a minimum vertical line clearance as required by ICC's rules entitled, "Construction of Electric Power and Communication Lines";
2. Poles are located within one foot (0.3 m) of the right-of-way line of the highway and outside of the clear zone as defined by IDOT; and
3. Overhead crossings at major intersections are avoided.
(e) Underground power or communication facility. An underground power or communication facility may cross a village street only if:
1. The design materials and construction methods will provide maximum maintenance free service life; and
2. Capacity for the utility's foreseeable future expansion needs is provided in the initial installation.
(f) 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.
(4) Facilities to be located within particular rights-of-way. The village may require that facilities be located within public utility easements that are not street right-of-way when such a location is consistent with the best interest of the village.
(5) Freestanding facilities.
(a) The village may restrict the location and size of any freestanding facility located within a right-of-way.
(b) The village may require any freestanding facility greater than 40 inches in height and having any side greater than 40 inches in width and/or depth located within a right-of-way to be screened from view with evergreen vegetative landscaping such as Techny arborvitae, Austrian spruce, Norway spruce, and as determined by the village after taking into account and depending upon the suitability of the available space surrounding the freestanding facility, the terrain, slope, location, access, surrounding uses, safety, aesthetic and ongoing maintenance requirements and costs.
(c) Freestanding facilities greater than 24 inches in height shall not be located within the visibility triangle of any street intersection or within the visibility triangle of any driveway approach serving a multi-family, commercial, or industrial use and the village street.
(6) Facilities installed aboveground. Aboveground facilities may be installed only if:
(a) No other existing facilities in the area are located underground;
(b) New underground installation is not technically feasible; and
(c) 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 light standards shall be used wherever practicable; the installation of additional utility poles is strongly discouraged.
(7) Facility attachments to bridges or roadway structures.
(a) Where practical, facilities may be installed as attachments to bridges or roadway structures. Other means of construction may include, but are not limited to, underground, underwater, and cable 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 on bridges.
1. Attachment devices shall be made of metal.
2. Conduit all utilities shall be in encased in metal conduit or appropriate equivalent to prevent sagging. Alternative conduit must be approved by the village.
3. If sagging occurs the village reserves the right to cause the utility that installed or currently owns it to replace with better material.
(b) A 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:
1. 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;
2. The type, length, value, and relative importance of the highway structure in the transportation system;
3. The alternative routings available to the utility and their comparative practicability;
4. The proposed method of attachment;
5. The ability of the structure to bear the increased load of the proposed facility;
6. The degree of interference with bridge maintenance and painting;
7. The effect on the visual quality of the structure; and
8. The public benefit expected from the utility service as compared to the risk involved.
(7) Appearance standards.
(a) The village may prohibit the installation of facilities in locations in order to preserve visual quality.
(b) A facility may be constructed only if its construction does not require extensive removal or alteration of trees or terrain features visible to the right-of-way user or to adjacent residents and property owners, and if it does not impair the aesthetic quality of the lands being traversed.
(E) Construction methods and materials.
(1) Standards and requirements for particular types of construction methods are as follows:
(a) Boring or jacking.
1. Pits and shoring. Boring or jacking under rights-of-way shall be accomplished from pits located at a minimum distance specified by the village from the edge of the pavement. Pits for boring or jacking shall be excavated no more than 48 hours in advance of boring or jacking operations and backfilled within 48 hours after boring or jacking operations are completed. While pits are open, they shall be clearly marked and protected by barricades. Shoring shall be designed, erected, supported, braced, and maintained so that it will safely support all vertical and lateral loads that may be imposed upon it during the boring or jacking operation.
2. Wet boring. Wet boring shall not be permitted under the roadway or pavement.
3. Borings with diameters greater than five inches. Borings over five inches (0.15 m) in diameter shall be accomplished with an auger and following pipe, and the diameter of the auger shall not exceed the outside diameter of the following pipe by more than one inch (25 mm).
4. Borings with diameters five inches or less. Shall not be allowed within established neighborhoods.
5. Conduits, casings, carrier pipes six inches in diameter or smaller shall generally be constructed via horizontal directional drilling or microtunneling within existing neighborhoods. Extensive open cut trench installation for small diameter utility lines shall normally not be permitted within established neighborhoods but is allowed in areas of new development.
6. Tree preservation. Any facility located within the drip line of any tree designated by the village to be preserved or protected shall be placed under or around the root system.
(b) Trenching. Trenching for facility installation, repair, or maintenance on rights-of-way shall be done in accordance with the applicable provisions of Section 20 of the Standard Specifications for Water & Sewer Construction in Illinois and Article 810.04 of the IDOT Standard Specifications for Road & Bridge Construction.
1. Length. The length of open trench shall be kept to the practicable minimum consistent with requirements for pipe/line testing. Only one-half of any intersection may have an open trench at any time unless special permission is obtained from the village.
2. Open trench and excavated material. Open trench and windrowed excavated material shall be protected as required by Chapter 6 of the Illinois Manual on Uniform Traffic Control Devices. Where practicable, the excavated material shall be deposited between the roadway and the trench as added protection. Excavated material shall not be placed or allowed to remain on the paved portion of the roadway. Where right-of-way width does not allow for windrowing excavated material off the paved portion of the roadway, excavated material shall be hauled to an off-site location for temporary storage.
3. Drip line of trees. The utility shall not trench within the drip line of any tree designated by the village to be preserved.
(c) Backfilling.
1. Any pit, trench, or excavation created during the installation of facilities shall be backfilled for its full width, depth, and length using methods and materials in accordance with IDOT'S "Standard Specifications for Road and Bridge Construction". When excavated material is hauled away or is unsuitable for backfill, suitable granular backfill shall be used.
2. For a period of 18 months from the date construction of a facility is completed, the utility shall be responsible to remove and restore any backfilled area that has settled due to construction of the facility. If so ordered by the village, the utility, at its expense, shall remove any pavement and backfill material to the top of the installed facility, place and properly compact new backfill material, and restore new pavement, sidewalk, curbs, and driveways to the proper grades, as determined by the village.
3. Jetting of backfill within excavated areas shall not be allowed. Mechanical compaction shall be required within all village right-of-way.
(d) Pavement cuts. Pavement cuts for facility installation or repair shall be permitted on a village street only if that portion of the street is closed to traffic. If a deviation to the limitation set forth herein is permitted under this chapter, the following requirements shall apply:
1. Controlled low strength material (CLSM) shall be utilized under all Village of Mahomet street pavements having an average daily traffic flow of 150 vehicles or more.
2. All pavement removal shall be accomplished via full depth saw cutting. Restoration of pavement shall be accomplished as soon as practicable. Permanent restoration is encouraged at the time of the cut. Temporary repair of the pavement with cold mix asphalt shall be provided immediately. Any subsequent failure of either the temporary repair or the restoration shall be rebuilt immediately upon notification by the village that a failure has occurred.
3. For all rights-of-way which have been reconstructed with a concrete surface/base or full-depth hot mix asphalt in the last seven years or resurfaced in the last three years, permits shall not be issued unless such work is determined to be an emergency repair or other work considered necessary and unforeseen before the time of the reconstruction or unless a pavement cut is necessary for a JULIE locate.
4. Bituminous surface and hot mix asphalt surface pavements shall be repaired with not less than ten-inch thickness full depth hot mix asphalt.
5. Portland Cement Concrete pavements shall be repaired with not less than seven-inch thickness High Early Strength Portland Cement Concrete, tied to adjacent pavement with minimum 30 inch by #4 epoxy coated tie bars, drilled and grouted, at 30 inch centers.
(e) Encasement.
1. Encasement of a utility line may be required when crossing arterial and collector streets as determined on a case by case basis by the Village Engineer.
2. Casing pipe shall be designed to withstand the load of the street and any other superimposed loads. The casing shall be continuous either by one-piece fabrication or by welding or jointed installation approved by the village.
3. Water service lines installed under roadway pavements shall utilize horizontal directional drilling construction methods unless otherwise approved by the village.
4. In the case of gas pipelines or petroleum products pipelines with installations of more than 60 psig, encasement may be eliminated only if: 1) extra heavy pipe is used that precludes future maintenance or repairl; and 2) cathodic protection of the pipe is provided.
(f) Minimum cover of underground facilities. Cover shall be provided and maintained at least in the amount specified in the following table for minimum cover for the type of facility:
Type of Facility | Minimum Cover |
Telecommunication lines | 24 inches (0.6 m) |
Storm sewer or drainage line | 24 inches (0.6 m) |
Electric lines | 30 inches (0.8 m) |
Gas or petroleum products | 42 inches (1.1 m) |
Water line | 48 inches (1.2 m) |
Sanitary sewer | 60 inches (1.5 m) |
(2) Standards and requirements for particular types of facilities.
(a) Electric power or communication lines.
1. Code compliance. Electric power or communications facilities within village rights-of-way shall be constructed, operated, and maintained in conformity with the provisions of 83 Illinois Administrative Code Part 305 (formerly General Order 160 of the Illinois Commerce Commission) entitled "Rules for Construction of Electric Power and Communication Lines", and the National Electrical Safety Code.
2. Overhead facilities. Overhead power or communication facilities shall use single pole construction and, where practicable, joint use of poles by multiple utilities shall be required. Utilities shall make every reasonable effort to design the installation so guys and braces will not be needed. Deviations may be allowed if there is no feasible alternative and if guywires are equipped with guy guards for maximum visibility.
3. Underground facilities.
a. Cable may be installed by trenching or plowing within new development areas. Cable may be installed by trenching or plowing only in limited circumstances within existing neighborhoods. Horizontal directional drilling or microtunneling shall normally be utilized within existing neighborhoods in order to minimize damage when crossing improved entrances and side roads.
b. If a crossing is installed by boring and jacking, encasement shall be provided between jacking or bore pits and beneath all existing pavements. Encasement may be eliminated only if: a) the installation is by horizontal directional drilling or microtunneling; or b) the installation is by the open trench method which is only permitted prior to roadway pavement construction.
c. Cable shall be grounded in accordance with the National Electrical Safety Code.
4. Burial of service lines. All temporary service drops placed between November 1 of the prior year and March 15 of the current year, also known as snow drops, shall be buried by May 1 of the current year, weather permitting, unless otherwise permitted by the village. Weather permitting, utilities shall bury all temporary and permanent service lines, excluding snow drops, within ten business days after placement.
(b) Gas transmission, distribution and service. Gas pipelines within rights-of-way shall be constructed, maintained, and operated in a village approved manner and in conformance with the Federal Code of the Office of Pipeline Safety Operations, Department of Transportation, Part 192, Transportation of Natural and Other Gas by Pipeline: Minimum Federal Safety Standards (49 C.F.R. Chapter 192), IDOT's "Standard Specifications For Road And Bridge Construction", and all other applicable laws, rules, and regulations.
(c) Petroleum products pipelines. Petroleum products pipelines within rights-of-way shall conform to the applicable chapters of ANSI standard code for pressure piping (liquid petroleum transportation piping systems ANSI-B 31.4).
(d) Water lines, sanitary sewer lines, or storm water drain lines. Water lines, sanitary sewer lines, and storm drain lines within rights-of-way shall meet or exceed the recommendations of the current "Standard Specifications for Water and Sewer Main Construction in Illinois".
(e) Ground mounted appurtenances. Ground mounted appurtenances to overhead or underground facilities, when permitted within a right-of-way, shall be provided with a vegetation free area extending one foot (305 mm) in width beyond the appurtenance in all directions. The vegetation free area may be provided by an extension of the mounting pad, or by heavy duty plastic or similar material approved by the village. With the approval of the village, shrubbery surrounding the appurtenance may be used in place of vegetation free area. The housing for ground mounted appurtenances shall be painted a neutral color to blend with the surroundings.
(f) Driveway approaches. Driveway approaches within a right-of-way shall be installed according to the following design standards and construction specifications.
1. Design standards.
a. Single- and two-family residential property driveway approaches.
At Private Property Line | At Street Curb/Pavement Edge | Entrance Radius | Distance from Property Line Extended1, 3 | ||
Minimum Width | Maximum Width2 |
Minimum Width | Maximum Width2 |
Minimum | Minimum |
10 ft. | 30 ft. | 10 ft. | 30 ft. | None | Same as the minimum setback for the main structure as required by the served property zoning. |
Notes: 1 A minimum distance is required from any part of the driveway approach and the property line extended through the public right-of-way except when a driveway approach is shared to serve adjacent properties. Shared driveway approaches may be a maximum of 44 feet wide at both the private property line and the street curb/pavement edge. 2 A driveway approach width cannot exceed 50% of the lot frontage along the street for which the driveway approach accesses. 3 The Village Engineer may authorize a minimum separation distance that is less for driveway approaches located in cul-de-sacs or when other site or roadway conditions warrant a reduction in driveway approach separation. |
b. All other driveway approaches including multiple-family residential, commercial, industrial, conservation, and agricultural. Must be approved by the village as part of site development plan review when applicable or must be approved on an individual basis. A proposed driveway approach will be reviewed based the intended use of the land.
2. Construction specifications. Driveway approach surface within street right-of-way must be installed over a compacted subgrade as follows:
a. Compacted Crushed Stone Base: CA7 crushed stone or equivalent as approved by the village, minimum thickness: six inches;
b. Preferred surface material: Portland cement concrete, minimum thickness: six inches; and
c. Alternative surface material: bituminous concrete or other material. Any use of bituminous concrete or other material must be approved by the village. When bituminous concrete is approved, installation must be three to four inch minimum thickness of bituminous concrete surface, constructed over a six inch compacted crushed stone base. Any other approved material and related construction must be approved by the village.
d. Side slopes: maximum: three horizontal, one vertical.
e. Driveway approaches shall be formed and poured separately from driveway, sidewalk, curb or road edge via expansion joint material or other approved method or material.
f. The finished grade of the driveway approach edge which meets the roadway curb, roadway surface and sidewalk shall be level with the adjacent roadway surface, roadway curb or sidewalk.
3. Drainage and culvert requirements. In no event shall any driveway interfere with the existing drainage along and upon the right-of-way. In all cases where the driveway or proposed driveway does or may interfere with the existing drainage with the right-of-way, culverts shall be installed in accordance with the following specifications.
a. Minimum diameter: 12 inches; larger culverts may be required by the village for a specific location to provide adequate drainage. The total cost of the required culvert is the responsibility of the owner. The village may allow smaller culverts if it can be shown that a smaller culvert is sufficient for current and future anticipated flows.
b. Piping materials may be of the following:
i. Galvanized, corrugated steel pipe, minimum gauge: 16;
ii. Aluminum alloy pipe, minimum gauge: 16;
iii. Reinforced concrete sewer and culvert pipe which is properly joined;
iv. Corrugated outside/ smooth inside polyethylene culvert pipe; and
v. Other materials approved by the village.
c. Flow line of the culvert shall match the flow line of the ditch unless requested by the village to be lowered to accommodate existing conditions and future grading and cleaning. Prior to installation of the culvert pipe, the ditch shall be graded and shaped as designed or as approved by the village. The village may direct that the flow line of the culvert be placed below the flow line of the existing ditch to allow for future grading and cleaning of existing ditches.
d. Culvert length, excluding any end treatments, shall extend at least one foot beyond the driveway approach surface material but in no case shall be less than 12 feet in length. Any end treatment or culvert pipe end section shall extend beyond the intersection of the driveway side slopes and the flow line of the ditch.
e. Unless site conditions warrant a different design, a minimum of one-half inch of cover excluding the required surface material shall be required over the culvert pipe.
f. All culverts shall be installed with proper end sections that fit the side slope of the ditch. End section material must match the material of the culvert pipe installed and shall be securely fastened to the pipe or placed in a manner to prevent settlement or collapse and/or blockage of flow. The end of the pipe shall be of the same cross-sectional shape as the interior of the pipe and shall not be dented or bent so as to reduce the pipe diameter, width or height at the location by more than 4% (one-half-inch in 12 inches). Pipes failing this requirement will have to be removed and replaced prior to driveway construction. The use of alternative end treatments such as headwalls or slopewalls shall be approved by the village. Some end treatments may not be allowed in areas of high traffic, deep ditches or where existing conditions prohibit.
4. Sidewalks. Sidewalks through all driveway approaches shall be a minimum of six inches thick Portland Cement concrete and shall be constructed in accordance with the Village Subdivision Ordinance. Where new driveway approaches are constructed adjacent to existing sidewalks, any sidewalk not in conformance with this section shall be removed and replaced and the sidewalk width shall match the adjacent exiting sidewalk. Driveway approaches shall be formed and poured separately from sidewalks.
5. No village guarantee. While requiring minimum standards for driveway approach and culvert construction, the village does not guarantee that these minimum standards are adequate for the intended use of the improvements.
6. The village reserves the right to deny direct driveway approach access to any right-of-way within the village. Any property with multiple right-of-way frontages may be required to have access off of an alley, secondary frontage or off of the right-of-way frontage with the lowest roadway classification.
(3) Materials.
(a) General standards. The materials used in constructing facilities within rights-of-way shall be those meeting the accepted standards of the appropriate industry, the applicable portions of IDOT's "Standard Specifications for Road and Bridge Construction", the Standard Specification for Water and Sewer Construction in Illinois, the requirements of the Illinois Commerce Commission, or the standards established by other official regulatory agencies for the appropriate industry/utility.
(b) Material storage on right-of-way. No material shall be stored on the right-of-way without the prior written approval of the village. When such storage is permitted, all pipe, conduit, wire, poles, cross arms, or other materials shall be distributed along the right-of-way prior to and during installation in a manner to minimize hazards to the public or which does not create an obstacle to right-of-way maintenance or damage to the right-of-way and other property. If material is to be stored on right-of-way, prior approval must be obtained from the village.
(c) Hazardous materials. The plans submitted by the utility to the village shall identify any hazardous materials that may be involved in the construction of the new facilities or removal of any existing facilities.
(4) Operational restrictions. Construction operations on rights-of-way may, at the discretion of the village, be required to be discontinued when such operations would create hazards to traffic or the public health, safety, and welfare. Such operations may also be required to be discontinued or restricted when conditions are such that construction would result in extensive damage to the right-of-way or other property. These restrictions may be waived by the village when emergency work is required to restore vital utility services.
(5) Location of existing facilities. Any utility proposing to construct facilities within the village shall contact JULIE and ascertain the presence and location of existing aboveground and underground facilities within the rights-of-way to be occupied by its proposed facilities. The village will make its permit records available to a utility for the purpose of identifying possible facilities. When notified of an excavation or when requested by the village or by JULIE, a utility shall locate and physically mark its underground facilities including service lines within 48 hours, excluding weekends and holidays, in accordance with the Illinois Underground Facilities Damage Prevention Act.
(Ord. 21-06-02, passed 6-22-2021; Ord. 22-03-04, passed 3-22-2022)
Penalty, see § 156.999