A. Construction, maintenance, placement, removal, relocation, modification, or any other utility and facility work governed by this Ordinance shall be granted via either a Utility or Facility Permit. The four categories that fall under those permit types are:
1. Public Utility Permit
2. Municipal Utility or Facility
3. Non-Public Utility
4. Emergency Maintenance
B. Public Utility Permit.
1. Public Utility permits may be granted to those utilities that are listed with the Illinois Commerce Commission as a public utility or have a current franchise or license agreement with the County. Those utilities with current franchise or license agreements shall not be subject to the permit fees authorized under this Ordinance.
2. The presence of a current, franchise or license agreement with the County does not relieve, excuse, diminish or negate, in any manner or form, the rules, regulations, requirements, and specifications that are be imposed on all utility and facility permittees as authorized under this Ordinance.
C. Municipal Utility or Facility.
1. Any municipal utility or facility that is proposed to be placed within a County Highway right-of-way shall require the municipality or government entity responsible for said utility or facility to be the permittee. Such permit projects shall not list the contractor or developer as the permittee. This applies to installation of municipal utilities or facilities associated with a new development where a private developer is responsible for the cost and installation of the municipal utility or facility that will be accepted for maintenance and operation by the municipality upon completion of the work.
2. Issuance of a permit for municipal utilities and facilities under this Ordinance in which a developer is installing or paying to install a municipal utility or facility within a County Highway right-of-way does not relieve, excuse, diminish or negate, in any manner or form, the responsibility of the municipality to ensure that permitted work is constructed within the requirements, rules, regulations and specifications required by this Ordinance, including, but not limited to, providing adequate supervision of construction activities and installation of proper traffic control.
3. In the event that any work permitted under this Ordinance for a municipal utility or facility is progressing in an unsatisfactory or potentially unsatisfactory manner, it shall be the responsibility of the municipality to take action to immediately remedy and alleviate the unsatisfactory work.
4. Issuance of a permit for a municipal utility or facility does not relieve the municipality or government entity from the requirements of § 10.12.350C.of this Ordinance to relocate, at no cost the County, any and all utilities and facilities that may be in conflict with any improvements to the County Highway as authorized or permitted by the County.
D. Non-Public Utility and Facility Permits.
1. Non-public utilities or non-public facilities are limited for placement within County Highway rights-of-way. Special approval by the McHenry County Division of Transportation will be considered on a case-by-case basis.
2. In the event that the McHenry County Division of Transportation determines that placement of a non-public utility or facility is permissible, the permittee may be required to provide as a condition of approval, a long-term financial guarantee, in a manner and form acceptable to the McHenry County Division of Transportation, to ensure that adequate financial resources are available to the McHenry County Division of Transportation to remove the non-public utility or non-public facility should the County require removal or relocation of the non-public utility or non-public facility and the permittee is no longer in existence, incapable, or refuses to perform said relocation or removal work.
(Ord. O-200811-82-068, passed 11-6-2008)