(A) Permit required.
(1) No person shall construct (as defined in this chapter) any facility on, over, above, along, upon, under, across or within any city right-of-way which:
(a) Changes the location of the facility;
(b) Adds a new facility;
(c) Disrupts the right-of-way (as defined in this chapter); or
(d) 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 City Engineer and obtaining a permit from the city therefore, except as otherwise provided in this chapter.
(2) 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 to this chapter 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.
(C) Minimum general application requirements. The application shall be made by the utility or its duly authorized representative and shall contain, at a minimum, the following:
(1) The utility’s name and address and telephone and telecopy numbers (including a 24-hour emergency contact telephone number);
(2) The applicant’s name and address, if different than the utility, its telephone, telecopy numbers, e-mail address and its interest in the work;
(3) The names, addresses and telephone and telecopy numbers and e-mail addresses of all professional consultants, if any, advising the applicant with respect to the application;
(4) A general description of the proposed work and 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;
(5) Evidence that the utility 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 Illinois Commerce Commission (ICC) regulations for emergency contingency plans constitutes compliance with this section unless the city finds that additional information or assurances are needed;
(6) Drawings, plans and specifications showing the work proposed, including the certification of an engineer that such drawings, plans and specifications comply with applicable codes, rules and regulations;
(7) Evidence of insurance as required in § 53.08 of this chapter;
(8) Evidence of posting of the security fund as required in § 53.10 of this chapter;
(9) Any request for a variance from one or more provisions of this chapter (see § 53.21 of this chapter); and
(10) Such additional information as may be reasonably required by the city, to include, but not necessarily limited to, digital submission of data in a format acceptable by the city for inclusion in the city’s geographical information system (GIS) such as spatially referenced digitized drawings.
(D) Supplemental application requirements for specific types of utilities. In addition to the requirements of division (C) above, 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 service, video service or natural gas distribution system, evidence that any “certificate of public convenience and necessity” or other regulatory authorization that the applicant is required by law to obtain, or that the applicant has elected to obtain, has been issued by the Illinois Commerce Commission (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 water lines, indicate that all requirements of the State Environmental Protection Agency, Division of Public Water Supplies, have been satisfied;
(4) In the case of sewer line installations, indicate that the land and water pollution requirements of the State Environmental Protection Agency, Division of Water Pollution Control, have been satisfied; 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.
(6) Small wireless facilities. To the extent permitted by applicable law, the following additional application for small wireless facilities shall be as follows:
(a) Additional information required. The following information shall also be required on a permit for any small wireless facility:
1. A site-specific structural integrity report for each utility pole and support structures, and for city utility poles and city-controlled support structures, a make-ready analysis prepared by a structural engineer, as that term is defined in Section 4 of the Structural Engineering Practice Act of 1989;
2. Specifications and drawings prepared by a structural engineer for each small wireless facility;
3. Location of each proposed small wireless facility would be installed with photographs of the immediate surrounding areas depicting where the small wireless facility would be mounted on its associated structure;
4. The equipment types and model numbers for the antennas and all other equipment associated with the small wireless facility;
5. A proposed schedule for the installation and completion for each small wireless facility;
6. Certification that the collocation proposed complies with the city’s requirements for collocation, to the extent permitted by applicable law, including the existence of an enforceable franchise agreement between the city and the utility, undergrounding requirements, design requirements, and all other requirements of this chapter, including § 53.15, to the best of the applicant’s knowledge; and
7. All application fees to the extent permitted by law. All application fees to the city shall be non-refundable. If such application requires replacement utility pole(s), such cost of the replacement utility pole(s) will also be included in the application.
(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 utility in writing to the city within 30 days after the change necessitating the amendment.
(F) Application fees. Unless otherwise provided by franchise, license or similar agreement, all applications for permits pursuant to this chapter shall be accompanied by a fee in the amount of $100, except for small wireless facilities, which shall be the maximum amounts established by applicable law, including, but not limited to, ILCS Ch. 50, Act 840, §§ 1 et seq. 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 (ILCS Ch. 35, Act 645, §§ 5-1 et seq.)
(1999 Code, § 53.04) (Ord. 3694, passed 10-18-2010; Ord. 4090, passed 4-1-2019) Penalty, see § 53.99