(A) Permit required. No person shall construct any facility on, over, above, along, upon, under, across, or within any city right-of-way which:
(1) Changes the location of the facility;
(2) Adds a new facility;
(3) Disrupts the right-of-way; or
(4) Materially increases the amount of area or space occupied by the facility on, over, above, along, under, across or within the right-of-way, without first filing an application with the Public Services Director through the Community Development Department and obtaining a permit from the city therefor, except as otherwise provided in this subchapter. No permit shall be required for installation and maintenance of service connections to customers’ premises where there will be no disruption of the right-of-way.
(B) Permit application. All applications for permits pursuant hereto shall be filed on a form provided by the city and shall be filed in such number of duplicate copies as the city may designate. The applicant may designate those portions of its application materials that it reasonably believes contain proprietary or confidential information as proprietary or confidential by clearly marking each page of such materials accordingly.
(C) Minimum general application requirements. The application shall include, at a minimum, the following:
(1) The name, address, telephone and telecopy numbers of the person who will own the facilities to be located in the city's rights-of-way;
(2) The applicant's name and address, if different than the person identified as the owner of the facilities, its telephone, telecopy numbers, e-mail address, and its interest in the work;
(3) The names, addresses, telephone and telecopy numbers, and e-mail addresses of all professional consultants, if any, advising the applicant with respect to the application;
(4) The names, addresses, telephone and telecopy numbers, and e-mail addresses of all contractors hired by the applicant to perform the proposed work;
(5) A general description of the proposed work, the purposes and intent of the facility and the uses to which the facility will be put. The scope and detail of such description shall be appropriate to the nature and character of the work to be performed, with special emphasis on those matters likely to be affected or impacted by the work proposed;
(6) Evidence that the applicant has placed on file with the city:
(a) A written traffic control plan demonstrating the protective measures and devices that will be employed consistent with the Illinois Manual on Uniform Traffic Control Devices, to prevent injury or damage to persons or property and to minimize disruptions to efficient pedestrian and vehicular traffic; and
(b) An emergency contingency plan which shall specify the nature of potential emergencies, including, without limitation, construction and hazardous materials emergencies, and the intended response by the applicant. The intended response shall include notification to the city, and shall promote protection of the safety and convenience of the public. Compliance with ICC regulations for emergency contingency plans constitutes compliance with this section for any utility, unless the city finds that additional information or assurances are needed;
(7) Drawings, plans and specifications showing the work proposed, which drawings shall correlate to at least three benchmarks; shall include the certification of an engineer that such drawings, plans, and specifications comply with applicable codes, rules, and regulations; and shall include sufficient detail to demonstrate:
(a) The location and route of all facilities to be installed on existing poles;
(b) The location and route of all facilities to be located under the surface of the ground, including the line and grade proposed for burial at all points along the route which are within the public rights-of-way;
(c) The location of all existing underground utilities, conduits, ducts, pipes, mains and installations that are within the pubic rights-of-way along the underground route proposed by the applicant;
(d) The construction methods to be employed for protection of existing structures, fixtures and facilities within or adjacent to the public rights-of-way; and
(e) The location, dimension and types of all trees within or adjacent to the public rights-of-way along the route proposed by the applicant, together with a landscape plan for protecting, trimming, removing, replacing and restoring any trees or areas to be disturbed during construction;
(8) Evidence of insurance as required in § 95.37;
(9) Evidence of posting of the security fund as required in § 95.50;
(10) Any request for a variance from one or more provisions hereof, in accordance with § 95.49; and
(11) Such additional information as may be reasonably required by the city.
(D) Supplemental application requirements for specific types of utilities. In addition to the requirements of division (C), the permit application shall include the following items as applicable to the specific utility that is the subject of the permit application:
(1) In the case of the installation of a new electric power, communications, telecommunications, cable television or video service, or a natural gas distribution system, evidence of any Certificate of Public Convenience and Necessity or other regulatory authorization that the applicant is required by law to obtain, that the applicant has elected to obtain, or that has been issued to the applicant by the ICC or other jurisdictional authority;
(2) In the case of natural gas systems, state the proposed pipe size, design, construction class, and operating pressures;
(3) In the case of potable water lines, evidence that an Illinois Environmental Protection Agency, Division of Public Water Supplies permit has been issued;
(4) In the case of sewer line installations, evidence that an Illinois Environmental Protection Agency, Division of Water Pollution Control permit has been issued and that the Flagg Creek Water Reclamation District or any other local sanitary district as may have jurisdiction has issued a permit; or
(5) In the case of petroleum products pipelines, state the type or types of petroleum products, pipe size, maximum working pressure, and the design standard to be followed.
(E) Applicant's duty to update information. Throughout the entire permit application review period and the construction period authorized by the permit, any amendments to information contained in a permit application shall be submitted by the applicant in writing to the city within 30 days after the change necessitating the amendment.
(F) Notice to adjacent owners. If the work to be undertaken by the permittee shall affect the use of properties abutting or adjoining the project or other surface installations in the vicinity of any proposed work that requires opening of a street, the permittee shall notify affected property owners and tenants of the proposed work to be done before any contractor may be granted a permit for the proposed work.
(G) Application fees. Unless otherwise provided by franchise, license, or similar agreement, all applications for permits pursuant hereto shall be accompanied by a fee in an amount as specified in § 95.50. No application fee is required to be paid by any electricity utility that is paying the municipal electricity infrastructure maintenance fee pursuant to the Electricity Infrastructure Maintenance Fee Act.
(Ord. 07-18, passed 10-23-07; Am. Ord. 08-13, passed 8-12-08; Am. Ord. 22-24, passed 8-23-22)