(A) General requirements. In addition to location requirements applicable to specific types of utility facilities, all utility facilities, regardless of type, shall be subject to the general location requirements of this division.
(1) No interference with city facilities. No utility facilities shall be placed in any location if the Building and Zoning Administrator determines that the proposed location will require the relocation or displacement of any of the city's utility facilities or will otherwise interfere with the operation or maintenance of any of the city's utility facilities.
(2) 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.
(3) No interference with travel. No utility facility shall be placed in any location that interferes with the usual travel on such right-of-way.
(4) No limitations on visibility. No utility facility shall be placed in any location so as to limit visibility of or by users of the right-of-way.
(5) Size of utility facilities. The proposed installation shall use the smallest suitable antennas, vaults, boxes, equipment enclosures, power pedestals, and/or cabinets then in use by the facility owner, regardless of location, for the particular application.
(B) Parallel facilities located within highways.
(1) Overhead parallel facilities. An overhead parallel facility may be located within the right-of-way lines of a highway only if:
(a) 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;
(b) Where pavement is curbed, poles are as remote as practicable from the curb with a minimum distance of 3 feet (0.9 m) behind the back of the curb, where available;
(c) Where pavement is uncurbed, poles are as remote from pavement edge as practicable with minimum distance of 4 feet (1.2 m) outside the outer shoulder line of the roadway and are not within the clear zone;
(d) No pole is located in the ditch line of a highway; and
(e) Any ground-mounted appurtenance is located within 1 foot (0.3 m) of the right-of-way line or as near as possible to the right-of-way line.
(2) Underground parallel facilities. An underground parallel facility may be located within the right-of-way lines of a highway only if:
(a) The facility is located as near the right-of-way line as practicable and not more than 8 feet (2.4 m) from and parallel to the right-of-way line;
(b) A new facility may be located under the paved portion of a highway 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
(c) 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 5 feet (1.5 m) from the right-of-way line and any above-ground appurtenance shall be located within 1 foot (0.3 m) of the right-of-way line or as near as practicable.
(C) Facilities crossing highways.
(1) No future disruption. The construction and design of crossing facilities installed between the ditch lines or curb lines of city highways 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.
(2) Cattle passes, culverts, or drainage facilities. Crossing facilities shall not be located in cattle passes, culverts, or drainage facilities.
(3) 90 degree crossing required. Crossing facilities shall cross at or as near to a 90 degree angle to the centerline as practicable.
(4) Overhead power or communication facility. An overhead power or communication facility may cross a highway only if:
(a) It has a minimum vertical line clearance as required by ICC's rules entitled, "Construction of Electric Power and Communication Lines" (83 Ill. Adm. Code 305);
(b) Poles are located within 1 foot (0.3 m) of the right-of-way line of the highway and outside of the clear zone; and
(c) Overhead crossings at major intersections are avoided.
(5) Underground power or communication facility. An underground power or communication facility may cross a highway only if:
(a) The design materials and construction methods will provide maximum maintenance-free service life; and
(b) Capacity for the utility's foreseeable future expansion needs is provided in the initial installation.
(6) Markers. The city 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. (49 C.F.R. § 192.707(1989)).
(D) Facilities to be located within particular rights-of-way. The city may require that facilities be located within particular rights-of-way that are not highways, rather than within particular highways.
(E) Freestanding facilities.
(1) The city may restrict the location and size of any monopole, utility pole or other freestanding facility located within a right-of-way. No freestanding facility located within a right-of-way may be constructed or modified so that the height of the free standing facility is higher by more than 10 feet or more than 10%, whichever is greater, than any other existing, freestanding facility located within the right-of-way within 500 feet of the proposed facility, measured along the center line of the respective right-of-way. Where there are no other freestanding facilities located within 500 feet of the proposed facility, the maximum height of the freestanding facility shall be 60 feet.
(2) The city may require any freestanding facility located within a right-of-way to be screened from view.
(3) If all existing monopoles, utility poles and other aboveground facilities are located on 1 side of the right-of-way, all new monopoles, utility poles and other freestanding facilities shall be located on the same side of the right-of-way as the existing aboveground facilities. If there exist above ground facilities on both sides, new freestanding facilities shall be located on the side where the above ground facilities most closely match the scale of the new freestanding facility.
(F) Facilities installed above ground. Above ground facilities may be installed only if:
(1) No other existing facilities in the area are located underground;
(2) New underground installation is not technically feasible; and
(3) 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 municipally-owned infrastructure shall be preferred wherever practicable, provided a license agreement can be executed; the installation of additional utility poles or monopoles is strongly discouraged. Concealed facilities are preferred.
(G) Facility attachments to bridges or roadway structures.
(1) Facilities may be installed as attachments to bridges or roadway structures only where the utility has demonstrated that all other means of accommodating the facility are not practicable. Other means shall include, but are not limited to, underground, underwater, independent poles, cable supports and tower 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.
(2) 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:
(a) 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;
(b) The type, length, value, and relative importance of the highway structure in the transportation system;
(c) The alternative routings available to the utility and their comparative practicability;
(d) The proposed method of attachment;
(e) The ability of the structure to bear the increased load of the proposed facility;
(f) The degree of interference with bridge maintenance and painting;
(g) The effect on the visual quality of the structure; and
(h) The public benefit expected from the utility service as compared to the risk involved.
(H) Appearance standards.
(1) The city may prohibit the installation of facilities in particular locations in order to preserve visual quality.
(2) 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.
(3) Any aboveground facility located adjacent to a residential use which is not a concealed facility shall require the approval of the City Administrator, who may condition approval on the reasonable relocation of the proposed facility and adherence to restrictions designed to limit the visual impacts on neighboring residential uses. Relocation shall be deemed reasonable if it does not have a material effect on the capability of the facility, or the network of which it is a part, to perform its essential function.
(4) Any aboveground facility located in a historic or architecturally significant district must be a concealed facility.
(I) Facility attachments to existing utility poles and municipally-owned infrastructure.
(1) Any facility attached to existing utility poles and municipally-owned infrastructure shall not result in a substantial change to the physical dimensions of the utility pole or municipally-owned infrastructure, provided the city may require a smaller facility for the purpose of complying with any other more restrictive regulation in this chapter.
(2) A facility shall be deemed to substantially change the physical dimensions of the utility pole or municipally-owned infrastructure if it meets any of the following criteria:
(a) It increases the height of the structure by more than 10% or more than 10 feet, whichever is greater. Changes in height should be measured from the existing dimensions of the utility pole or municipally-owned infrastructure before the first facility is attached.
(b) It involves adding an appurtenance to the body of the utility pole or municipally-owned infrastructure that would protrude from the edge of such structure by more than 6 feet.
(c) It involves installation of any new equipment cabinets on the ground if there are no pre-existing ground cabinets associated with the structure.
(d) It would defeat any concealment elements of the utility pole or municipally-owned infrastructure.
(e) It would defeat any concealment elements of a concealed facility.
(3) Telecommunications attachments. A telecommunications facility which does not result in a substantial change to the physical dimensions of the utility pole or municipally-owned infrastructure shall be permitted only if it meets all of the following criteria:
(a) All antennas capable of serving 2 or fewer telecommunications providers that are part of the deployment shall fit within enclosures (or if the antennas are exposed, within imaginary enclosures) that are individually no more than 3 cubic feet in volume. Any neutral host antennas capable of serving more than 2 telecommunications providers shall fit within enclosures (or if the antennas are exposed, within imaginary enclosures) that are individually no more than 7 cubic feet in volume. All antennas on the structure, including any pre-existing antennas on the structure, shall fit within enclosures (or if the antennas are exposed, within imaginary enclosures) that total no more than 7 cubic feet in volume.
(b) All other equipment associated with the telecommunication facility and attached to the utility pole or municipally-owned infrastructure shall be the smallest practicable volume for the operation of such facility and be located as high above the established grade as practicable and which complies with all other applicable separation requirements. Where no other restrictions apply, the equipment shall be located at least 8 feet above existing grade.
(c) The telecommunication facility, including all related equipment and appurtenances, must be a color that blends with the surroundings of the utility pole or municipally-owned infrastructure on which it is mounted and use non-reflective materials which blend with the materials and colors of the surrounding area and structures. Any wiring must be concealed within the freestanding facility or covered with an appropriate cover.
(d) Facilities under common ownership or operated on the same radio frequency shall be separated a far as practicable.
(e) The applicant files a structural analysis, stamped by a professional engineer, which demonstrates the utility pole or municipally-owned infrastructure is safely capable of supporting the telecommunications facility in all reasonably foreseeable weather conditions without creating a risk to public health and safety. The structural analysis will also describe the method by which the telecommunications facility is designed to fail and demonstrate that any structural failure to the telecommunications facility shall not cause harm to any residential structure.
(f) All permits, licenses and approvals required by the owner of the utility pole or municipally-owned infrastructure have been granted prior to applying for a city permit.
(Ord. 2017-77, passed 9-11-2017)