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For the purpose of this subchapter, the following definitions apply unless the context clearly indicates or requires a different meaning.
ENCROACHMENT. Any building, fence, sign or any other structure or object of any kind which is placed, located or maintained in, on, under or over any portion of the public right-of-way.
PERMITTED ENCROACHMENT. Any encroachment allowed under § 95.11(B).
PUBLIC RIGHT-OF-WAY. Those areas existing or acquired by dedication, other conveyance of fee simple title, or easement, for highway or utility purposes, including any areas acquired by temporary easement during the term thereof.
(Ord. 02-63, passed 2-11-03)
(A) It shall be unlawful for any person, firm orcorporation to erect or cause to be erected, to retain or cause to be retained any encroachment in the public right-of-way, except a permitted encroachment as provided in division (B).
(B) The following shall be permitted encroachments in the public right-of-way so long as vehicular and pedestrian traffic are not impeded thereby:
(1) Properly installed and maintained mailboxes and newspaper delivery boxes with reflective markings;
(2) Traffic control signage in compliance with state warrants;
(3) Street name and informational signs properly installed by the city or state;
(4) Fire hydrants;
(5) Bushes and other vegetation that do not present an immediate hazard;
(6) Trees that do not present an immediate hazard and were installed prior to October 1, 1994;
(7) Temporary placement of garbage, recyclables and landscape waste in accordance with § 51.03(E); and
(8) Any other encroachment for which the City Council has given permission in writing by a license agreement or other agreement or permit.
(C) It shall be unlawful for any person, firm or corporation to erect or cause to be erected, to retain or cause to be retained any encroachment in public right-of-way of 22nd Street in the city, except that the following shall be permitted encroachments so long as vehicular and pedestrian traffic are not impeded thereby:
(1) Traffic control signage in compliance with state warrants;
(2) Street name and informational signs properly installed by the city, county or state;
(3) Fire hydrants;
(4) Bushes and other vegetation that do not present an immediate hazard; and
(5) Any other encroachment for which the Illinois Department of Transportation has given permission in writing by a license agreement or other agreement or permit.
(D) Private walkways shall be prohibited in the public right-of-way, except as follows:
(1) On corner lots, when the driveway is perpendicular to one street right-of-way and the front of the house is parallel to a different street right-of-way, private walkways that run perpendicular to the street pavement from the front of the house shall be permitted subject to engineering review and approval, and provided that the following requirements are met:
(a) The maximum width of a private walkway at the right-of-way line and at all points within the right-of-way shall not exceed three feet;
(b) Any private walkway in the right-of-way shall be constructed only of concrete.
(c) Any private walkway in the right-of-way shall be constructed so as not to disrupt any natural or man-made drainage way.
(2) Existing private walkways in the right-of-way may remain in place until they are in need of repair, at which time they shall be removed by the owner of the property abutting the right-of-way, except private walkways allowed pursuant to Section (C)(1) of this section.
(Ord. 02-63, passed 2-11-03; Am. Ord. 03-59, passed 4-13-04; Am. Ord. 10-7, passed 6-22-10)
CONSTRUCTION OF FACILITIES IN THE PUBLIC RIGHTS-OF-WAY
(A) Purpose. The purpose of this subchapter is to establish policies and procedures for constructing facilities on and within rights-of-way under the city's jurisdiction, which will provide a public benefit consistent with the preservation of the integrity, safe usage, and visual qualities of the city rights-of-way and the city as a whole.
(B) Intent. In enacting this subchapter, the city intends to exercise its authority over the rights-of-way in the city and, in particular, the use of the public rights-of-way and property by utilities, by establishing uniform standards to address issues presented by utility facilities, including without limitation:
(1) Prevent interference with the use of streets, sidewalks, parkways and other public rights-of-way and places;
(2) Prevent the creation of visual and physical obstructions and other conditions that are hazardous to vehicular and pedestrian traffic;
(3) Prevent interference with the facilities and operations of the city's utilities and of other utilities lawfully located in rights-of-way or on public property;
(4) Protect against environmental damage, including damage to trees, from the installation of utility facilities;
(5) Protect against increased stormwater runoff due to structures and materials that increase impermeable surfaces;
(6) Preserve the character of the neighborhoods in which facilities are installed;
(7) Preserve open space, particularly the tree-lined parkways that characterize the city's residential neighborhoods;
(8) Prevent visual blight from the proliferation of facilities in the rights-of-way; and
(9) Assure the continued safe use and enjoyment of private properties adjacent to utility facilities locations.
(C) Facilities subject to this subchapter. This subchapter applies to all facilities on, over, above, along, upon, under, across, or within the rights-of-way within the jurisdiction of the city. A facility lawfully established prior to the effective date of this subchapter may continue to be maintained, repaired and operated as presently constructed and located, except as may be otherwise provided in any applicable franchise, license or similar agreement.
(D) Franchises, licenses, or similar agreements. The city, in its discretion and as limited by law, may require utilities to enter into a franchise, license or similar agreement for the privilege of locating their facilities on, over, above, along, upon, under, across or within the city's rights-of-way. Utilities that are not required by law to enter into such an agreement may request that the city enter into such an agreement. In such an agreement, the city may provide for terms and conditions inconsistent with this subchapter.
(E) Effect of franchises, licenses, or similar agreements.
(1) Utilities other than telecommunications providers. In the event that a utility other than a telecommunications provider has a franchise, license or similar agreement with the city, such franchise, license or similar agreement shall govern and control during the term of such agreement and any lawful renewal or extension thereof, unless otherwise provided in such franchise, license or similar agreement.
(2) Telecommunications providers. In the event of any conflict with, or inconsistency between the provisions of this subchapter and the provisions of any franchise, license or similar agreement between the city and any telecommunications provider, the provisions of such franchise, license or similar agreement shall govern and control during the term of such agreement and any lawful renewal or extension thereof, unless otherwise provided in such franchise, license or similar agreement.
(F) Conflicts with other chapters. This subchapter supersedes all chapters or parts of chapters adopted prior hereto that are in conflict herewith, to the extent of such conflict.
(G) Conflicts with state and federal laws. In the event that applicable federal or state laws or regulations conflict with the requirements of this subchapter, compliance with the requirements hereof shall be required to the maximum extent possible without violating federal or state laws or regulations.
(H) Sound engineering judgment. The city shall use sound engineering judgment when administering this subchapter, and may vary the standards, conditions, and requirements expressed herein when the city so determines. Nothing herein shall be construed to limit the ability of the city to regulate its rights-of-way for the protection of the public health, safety and welfare.
(Ord. 07-18, passed 10-23-07)
As used in this subchapter, and unless the context clearly requires otherwise, the words and terms listed shall have the meanings ascribed to them in this section. Any term not defined in this section shall have the meaning ascribed to it in 92 Ill. Adm. Code § 530.30, unless the context clearly requires otherwise.
AASHTO. American Association of State Highway and Transportation Officials.
ANSI. American National Standards Institute.
APPLICANT. A person applying for a permit under this subchapter.
AS-BUILT DRAWINGS or AS-BUILT MAPS. Documents submitted to the city that accurately locate completed construction or installation of facilities within or on the rights-of-way of the city.
ASTM. American Society for Testing and Materials.
BACKFILL. The methods or materials for replacing excavated material in a trench or pit.
BORE or BORING. To excavate an underground cylindrical cavity for the insertion of a pipe or electrical conductor.
CABLE OPERATOR. That term as defined in 47 U.S.C. § 522(5).
CABLE SERVICE. That term as defined in 47 U.S.C. § 522(6).
CABLE SYSTEM. That term as defined in 47 U.S.C. § 522(7).
CARRIER PIPE. The pipe enclosing a liquid, gas or slurry being transported.
CASING. A structural protective enclosure for transmittal devices such as: carrier pipes, electrical conductors, and fiber optic devices.
CITY. The City of Oakbrook Terrace.
CLEAR ZONE. The total roadside border area, starting at the edge of the pavement, available for safe use by errant vehicles. This area may consist of a shoulder, a recoverable slope, a non-recoverable slope, and a clear run-out area. The desired width is dependent upon the traffic volumes and speeds, and on the roadside geometry. Distances are specified in the AASHTO Roadside Design Guide.
COATING. Protective wrapping or mastic cover applied to buried pipe for protection against external corrosion.
CODE. The Code of Ordinances of the City of Oakbrook Terrace.
COMPANY. The natural person, partnership, domestic or foreign corporation, association, joint venture, or organization of any kind that is granted a franchise or permit by the city under this chapter, as context requires, and the lawful successor, transferee or assignee of such company.
CONDUCTOR. Wire carrying electrical current.
CONDUIT. A casing or encasement for wires or cables.
CONSTRUCT or CONSTRUCTION. The installation, repair, maintenance, placement, alteration, enlargement, demolition, modification or abandonment in place of facilities.
COVER. The depth of earth or backfill over buried pipe or conductor.
CROSSING FACILITY. A facility that crosses one or more right-of-way lines of a right-of-way.
DISRUPT THE RIGHT-OF-WAY. Any work that obstructs the right-of-way or causes a material adverse effect on the use of the right-of-way for its intended use. Such work may include, without limitation, the following: excavating or other cutting; placement (whether temporary or permanent) of materials, equipment, devices, or structures; damage to vegetation; and compaction or loosening of the soil, but shall not include the parking of vehicles or equipment in a manner that does not materially obstruct the flow of traffic on a highway.
EASEMENT. Any right held by the city to the use of property, which was established, dedicated or devoted to the construction, maintenance and repair of public facilities on or in the property.
EMERGENCY. Any immediate repair to the facility required for the safety of the public using or in the vicinity of the right-of-way, or any immediate repair required for the health and safety of the general public served by the facility.
ENCASEMENT. Provision of a protective casing.
ENGINEER. The Office of the City Engineer or an engineer designated by the Mayor or City Administrator.
EQUIPMENT. Materials, tools, implements, supplies, and/or other items used to facilitate construction of facilities.
EXCAVATION. The making of a hole or cavity by removing material, or laying bare by digging.
EXCESS CAPACITY. The volume or capacity in any existing or future duct, conduit, manhole, handhold or other facility within the public rights-of-way, that is or will be available for use for additional facilities.
EXTRA HEAVY PIPE. A pipe meeting ASTM standards for this pipe designation.
FACILITY. All structures, devices, objects, and materials (including, but not limited to, track and rails, wires, ducts, fiber optic cable, antennas, vaults, boxes, equipment, enclosures, cabinets, pedestals, poles, conduits, grates, covers, pipes, cables, and appurtenances thereto) located on, over, above, along, upon, under, across, or within rights-of-way under this subchapter. For purposes of this subchapter, FACILITY shall not include any facility owned or operated by the city.
FCC or FEDERAL COMMUNICATIONS COMMISSION. The present federal administrative agency of that name, as constituted by the Communications Act of 1934, that is authorized to regulate and oversee telecommunications carriers, services and providers on a national level, or any lawful successor of such agency.
FREESTANDING FACILITY. A facility that is not a crossing facility or a parallel facility, such as an antenna, transformer, pump, or meter station.
FRONTAGE ROAD. A roadway, usually parallel to a highway, providing access to land adjacent to the highway where access is otherwise precluded by access control to a highway.
HAZARDOUS MATERIALS. Any substance or material which, due to its quantity, form, concentration, location, or other characteristics, is determined by the Engineer to pose an unreasonable and imminent risk to the life, health or safety of persons or property or to the ecological balance of the environment, including, but not limited to explosives, radioactive materials, petroleum or petroleum products or gases, poisons, etiology (biological) agents, flammables, corrosives or any substance determined to be hazardous or toxic under any federal or state law, statute or regulation.
HIGHWAY. A specific type of right-of-way used for vehicular traffic including rural or urban roads or streets. HIGHWAY includes all highway land and improvements, including roadways, ditches and embankments, bridges, drainage structures, signs, guardrails, protective structures, and appurtenances necessary or convenient for vehicle traffic.
HIGHWAY CODE. The Illinois Highway Code, ILCS Ch. 605, Act 5, §§ 1-101 et seq., as amended from time to time.
HOLDER. A person or entity who or that has received authorization to offer or provide cable or video service from the ICC pursuant to the Illinois Cable and Video Competition Law, ILCS Ch. 220, Act 5, § 21-401.
ICC. Illinois Commerce Commission.
IDOT. Illinois Department of Transportation.
JACKING. Pushing a pipe horizontally under a roadway by mechanical means with or without boring.
JETTING. Pushing a pipe through the earth using water under pressure to create a cavity ahead of the pipe.
JOINT USE. The use of pole lines, trenches or other facilities by two or more utilities.
J.U.L.I.E. The Joint Utility Locating Information for Excavators utility notification program, as defined under the Illinois Underground Utility Facility Damage Protection Act (ILCS Ch. 220, Act 50, §§ 1 et seq.).
MAJOR INTERSECTION. The intersection of two or more major arterial highways.
OCCUPANCY. The presence of facilities on, over or under a right-of-way.
OVERHEAD FACILITIES. Poles, and facilities located above the surface of the ground, including the underground supports and foundations for such facilities.
PARALLEL FACILITY. A facility that is generally parallel or longitudinal to the centerline of a right-of-way.
PARKWAY. Any portion of the right-of-way not improved by street or sidewalk.
PAVEMENT CUT. The removal of an area of pavement for access to a facility or for the construction of a facility.
PERSON. Includes corporations, companies, associations, joint stock companies or associations, firms, partnerships, limited liability companies, and natural persons, and also includes their lessors, trustees and receivers.
PETROLEUM PRODUCTS PIPELINES. Pipelines carrying crude or refined liquid petroleum products including, but not limited to, gasoline, distillates, propane, butane, or coal-slurry.
PRACTICABLE. That which is performable, feasible or possible, rather than that which is simply convenient.
PRESSURE. The internal force acting radially against the walls of a carrier pipe expressed in pounds per square inch gauge (psig).
PROMPT. That which is done within a period of time as specified by the city. If no time period is specified, the period shall be 30 days.
PUBLIC ENTITY. A legal entity that constitutes or is part of the government, whether at local, state or federal level.
PUBLIC SERVICES DIRECTOR. The city's Public Services Director.
RESTORATION. The repair of a right-of-way, highway, roadway, or other area disrupted by the construction of a facility.
RIGHT-OF-WAY or RIGHTS-OF-WAY. Any street, other land or waterway, dedicated or commonly used for pedestrian or vehicular traffic or other similar purposes and for the installation and maintenance of facilities, including easements in which the city has the right and authority to authorize, regulate or permit the location of facilities other than those of the city. RIGHT-OF-WAY or RIGHTS-OF-WAY shall not include any real or personal city property that is not specifically described above in this definition and shall not include city buildings, fixtures, and other stractures or improvements, regardless of whether they are situated in the right-of-way.
ROADWAY. That part of the highway that includes the pavement and shoulders.
SECURITY FUND. That amount of security required pursuant to § 95.50.
SHOULDER. A width of roadway, adjacent to the pavement, providing lateral support to the pavement edge and providing an area for emergency vehicular stops and storage of snow removed from the pavement.
SOUND ENGINEERING JUDGMENT. A decision or decisions consistent with generally accepted engineering principles, practices and experience.
STATE. The State of Illinois.
SURPLUS SPACE. That portion of the usable space on a pole that has the necessary clearance from other pole users, as required by the orders and regulations of the Illinois Commerce Commission, to allow its use for another facility as a pole attachment.
TELECOMMUNICATIONS. This term includes, but is not limited to, messages or information transmitted through use of local, toll and wide area telephone service, channel services, telegraph services, teletypewriter service, computer exchange service, private line services, specialized mobile radio services, cellular mobile telecommunications services, stationary two-way radio, paging service and any other form of mobile or portable one-way or two-way communications, and any other transmission of messages or information by electronic or similar means, between or among points by wire, cable, fiber optics, laser, microwave, radio, satellite, or similar facilities.
(1) PRIVATE LINE. A dedicated non-traffic sensitive service for a single customer that entitles the customer to exclusive or priority use of a communications channel, or a group of such channels, from one or more specified locations to one or more other specified locations.
(2) TELECOMMUNICATIONS. Shall not include value added services in which computer-processing applications are used to act on the form, content, code; and protocol of the information for purposes other than transmission.
(3) TELECOMMUNICATIONS. Shall not include purchase of telecommunications by a telecommunications service provider for use as a component part of the service provided by such provider to the ultimate retail consumer who originates or terminates the end-to-end communications.
(4) TELECOMMUNICATIONS. Shall not include the provision of cable services through a cable system as defined in the Cable Communications Act of 1984 (47 U.S.C. §§ 521 et seq.) as now or hereafter amended or cable or other programming services subject to an open video system fee payable to the city through an open video system as defined in the Rules of the Federal Communications Commission (47 C.F.R. §§ 76.1500 et seq.) as now or hereafter amended.
TELECOMMUNICATIONS PROVIDER. Any person who installs, owns, operates or controls facilities in the right-of-way used or designed to be used to transmit telecommunications in any form.
TRANSFER, TRANSFER OF OWNERSHIP or FRANCHISE TRANSFER. Any transaction or series of transactions which, singularly or collectively, results in the sale, assignment or transfer of all or a majority of the assets of the grantee, or the cable system, or a change of 10% or more of the ownership of working control of a franchise, or of the ownership or working control of affiliated entities having ownership or working control of a grantee, a franchise or a cable system.
TRENCH. A relatively narrow open excavation for the installation of an underground facility.
UNDERGROUND FACILITIES. Facilities located under the surface of the ground, excluding the underground foundations or supports for overhead facilities.
UTILITY. The individual or entity owning or operating any utility facility as defined in this subchapter.
VENT. A pipe to allow the dissipation into the atmosphere of gases or vapors from an underground casing.
VIDEO SERVICE. That term as defined in § 21-201(v) of the Illinois Cable and Video Competition Law of 2007, ILCS Ch. 220, Act 5, § 21-201(v).
WATER LINES. Pipelines carrying raw or potable water.
WET BORING. Boring using water under pressure at the cutting auger to soften the earth and to provide a sluice for the excavated material.
(Ord. 07-18, passed 10-23-07; Am. Ord. 08-2, passed 5-13-08; Am. Ord. 08-13, passed 8-12-08; Am. Ord. 13-54, passed 11-12-13)
Every person owning facilities that occupy any right-of-way within the city shall register on January 1 of each year with the Office of the City Administrator, providing its name, address and regular business telephone and telecopy numbers, the name of one or more contacts who can act on behalf of such person in connection with emergencies involving its facilities in the right-of-way and a 24-hour telephone number for each such person, and evidence of insurance as required in § 95.37, in the form of a certificate of insurance acceptable to the City Attorney. Each registered person shall annually provide the city with updated maps of its facilities in the city's rights-of-way.
(Ord. 07-18, passed 10-23-07; Am. Ord. 08-2, passed 5-13-08; Am. Ord. 13-54, passed 11-12-13)
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