(a) The purpose of this chapter is to provide requirements for the use or occupation of any and all rights-of-way in the village, the issuance of permits to persons for such use or occupancy, and to set forth the policies of the village relating thereto.
(b) This chapter does not take the place of any franchise, license or permit which may be additionally required by law. Each permittee shall obtain any and all such additional franchises, licenses or permits necessary to the operation and conduct of its business.
(c) No person shall use, occupy, own or operate facilities in, under or over any rights-of-way within the village unless such person first obtains a franchise and/or permit conforming to the requirements set forth therein and in this chapter.
(d) The policy of the village with regard to rights-of-way is hereby declared to be:
(1) To promote public safety and protect public property;
(2) To promote the utilization of rights-of-way for the public health, safety and welfare and to promote economic development in the village;
(3) To promote the availability of a wide range of utility, communication and other services, including the rapid deployment of new technologies and innovative services, to the village’s citizens and taxpayers at reasonable rates;
(4) To promote cooperation among the village and the franchisees and permittees in the occupation of rights-of-way, and work therein, in order to minimize public inconvenience during work in the rights-of-way and avoid uneconomic, unneeded and unsightly duplication of facilities;
(5) To ensure adequate public compensation for the regulation of the private use of the rights- of-way and regulation thereof; and
(6) To promote and require reasonable accommodation of all uses of the rights-of-way and to establish the following priority of use of the rights-of-way, when all requested usage of the rights-of-way by permittees cannot be accommodated:
A. Use by the village shall have first priority;
B. Use by another governmental entity with the village’s concurrence or other uses required by law, and utility permittees and franchisees shall have second priority;
C. Telecommunications permittees and franchisees shall have third priority;
D. Special permittees shall have fourth priority; and
E. Residential permittees shall have the fifth priority;
(7) Provided, however, that the Mayor may reasonably require right-of-way permittees and franchisees to cooperate to accommodate use by other permittees and franchisees, and provided, further, that the Mayor may alter these priorities when the Mayor reasonably determines a deviation therefrom to be in the public interest.
(e) Nothing in this chapter should be construed to apply the provisions of this chapter to facilities owned or operated by the village or any of its operations.
(f) Unless otherwise specifically stated in a permit, all permits granted hereunder shall be non- exclusive.
(g) This chapter shall have no effect on any existing permit until the expiration of same.
(Ord. 6-97, passed 7-14-1997)