(a) Upon the granting of a permit and in order to construct, operate and maintain a telecommunications system or utility in the village, the permittee may enter into contracts with any public utility company or any other owner or lessee of any poles or underground facilities located within or without the village; obtain right-of-way permits from appropriate village, state, county and federal officials necessary to cross or otherwise use highways or roads under their respective jurisdiction; obtain permission from the Federal Aviation Administration to erect and maintain antennas; and obtain whatever other permits a village, county, state or federal agency may require.
(b) In those areas of the village where telephone and electric services are provided by underground facilities, all new facilities of a permittee shall be placed underground. In all other areas, the permittee, upon request by the village, shall use its best efforts to place facilities underground. However, the term “facilities”, as used in the preceding sentence, shall not include equipment which is customarily placed on or above the ground in conjunction with underground transmission facilities (e.g., splice and terminal pedestals, equipment cabinets and transformers). Where not otherwise required to be placed underground by this chapter, the permittee’s system shall be located underground at the request of the adjacent property owner, provided the placement of such system shall be consistent with the permittee’s construction and operating standards, and provided, further, that the excess cost over the aerial location shall be borne by the property owner making the request. All cable to be installed under the roadway shall be installed in conduit. Under no circumstance shall a new pole be located in any area of the village, where it is not replacing an existing pole, without written approval of the Director, which approval shall not be unreasonably withheld.
(c) A permittee shall construct, install, operate and maintain its system in a manner consistent with all laws, ordinances, construction standards, governmental requirements and FCC technical standards, which standards are incorporated herein by reference.
(d) The permittee shall comply with the village’s normal permitting process prior to commencing any work in the rights-of-way, except for emergencies and as otherwise provided in this chapter. No work in the rights-of-way shall be commenced until such time as any and all required permits have been issued by the village. The village shall not unreasonably withhold the granting of any permit.
(e) Any contractor proposed for performing the work of construction, installation, operation, maintenance and repair of system equipment must be properly licensed under the laws of the state and all local ordinances. The contractor’s or permittee’s system and associated equipment erected by the permittee within the village shall be so located as to cause minimal interference with the proper use of streets, alleys and other public ways and places, and to cause minimal interference with the rights and reasonable convenience of property owners who adjoin any of said streets, alleys or other public ways and places. No pole or other fixture placed in any public way by the permittee shall be placed in such a manner as to interfere with normal travel on such public way.
(f) The village does not guarantee the accuracy of any maps showing the horizontal or vertical location of existing substructures. In the rights-of-way, where necessary, the location shall be verified by excavation.
(g) Construction, installation, operation and maintenance of a utility or telecommunications system shall be performed in an orderly and workmanlike manner. When consistent with the safety codes and standards set forth in this chapter, all cables and wires shall be installed, where possible, parallel with electric and telephone lines. Multiple configurations shall be arranged in parallel and bundled with due respect for engineering considerations.
(h) The permittee shall at all times comply with the applicable National Electrical Safety Code (National Bureau of Standards); the applicable National Electrical Code (National Fire Protection Association); applicable FCC or other federal, state and local regulations; and standards as set forth in the permit.
(i) In any event, the system shall not endanger or interfere with the safety of persons or property in the permit area or other areas where the permittee may have equipment located.
(j) All worker facilities, conditions and procedures that are used during construction, installation, operation and maintenance of the utility or telecommunications system shall comply with applicable standards of the Federal Occupational Safety and Health Administration.
(k) The permittee shall provide either a performance record (or self bonding by the permittee having capitalization in excess of $50,000,000 as determined by the Director), an irrevocable letter of credit acceptable to the village, or a certified check in an amount determined by the Mayor, to pay the cost of restoration of the right-of-way should the permittee fail to perform restoration required by this chapter or the permit or to pay for the cost of removal or relocation of the system required by this chapter should the permittee fail to perform said removal or relocation.
(l) All permittees shall obtain a right-of-way work permit from the Director prior to beginning the erection, installation or maintenance, including tree trimming, of any lines or equipment. Prior village approval shall not be required for emergency repairs, routine maintenance and repairs, operations which do not require excavation in the rights-of-way, blockage of any street or alley, or material disruption to any landscaping or structures and/or irrigation systems. The permittee and/or its subcontractors shall leave rights-of-way where such work is done in as good a condition or repair as they were before such work was commenced and to the reasonable satisfaction of the village. Such right-of-way work permit shall be issued in writing and is subject to conditions that may be attached by the Director, including, but not limited to, requirements concerning traffic control, safety, scheduling, notification to adjoining property owners, and restoration with seed, sod or specific plant materials as directed by the village. The permittee and/or its subcontractors shall endeavor to complete, in a timely manner, repairs to the rights- of-way. All workmanship and materials used by the permittee and/or its subcontractors to repair the streets and roadways shall be subject to the inspection and approval of the Director or his or her authorized agent and shall be warranted for a period of one year from the date of completion for any failure due to workmanship or quality of materials.
(m) The permittee shall furnish the village “as built” drawings not later than 120 days after construction has been completed. Drawings shall show ownership of conduits, ducts, poles and cables used for the telecommunications or utility system. Drawings shall be drawn to a scale of one inch equals 100 feet using the standard format adopted by the village. The permittee shall provide one set of such diskettes and one set of blue or black line “as built” drawings to the Mayor, and one set of drawings and diskettes to the Village Engineer. State plane coordinates shall be shown for benchmarks, curb lines and structures. Drawings shall show horizontal dimensions from the curb line and elevations.
(Ord. 6-97, passed 7-14-1997)