Loading...
§ 115.110 LOCATION OF FACILITIES.
   All facilities shall be constructed, installed and located in accordance with the following terms and conditions, unless otherwise specified in a license or franchise agreement:
   (A)   A grantee shall install its telecommunications facilities within an existing underground duct or conduit whenever excess capacity exists within such utility facility.
   (B)   A grantee with permission to install overhead facilities shall install its telecommunications facilities on pole attachments to existing utility poles only, and then only if surplus space is available.
   (C)   Whenever any existing electric utilities, cable facilities or telecommunications facilities are located underground within a public way of the village, a grantee with permission to occupy the same public way must also locate its telecommunications facilities underground.
   (D)   Whenever any new or existing electric utilities, cable facilities or telecommunications facilities are located or relocated underground within a public way of the village, a grantee that currently occupies the same public way shall relocate its facilities underground within a reasonable period of time, which shall not be later than the end of the grant term. Absent extraordinary circumstances or undue hardship as determined by the Village Engineer, such relocation shall be made concurrently to minimize the disruption of the public ways.
   (E)   Whenever new telecommunications facilities will exhaust the capacity of a public street or utility easement to reasonably accommodate future telecommunications carriers or facilities, the grantee shall provide additional ducts, conduits, manholes and other facilities for nondiscriminatory access to future carriers.
(Ord. 96-15, passed 4-3-96) Penalty, see § 115.999
§ 115.111 COMPLIANCE WITH J.U.L.I.E.
   All license or franchise grantees shall, before commencing any construction in the public ways, comply with all regulations of J.U.L.I.E.
(Ord. 96-15, passed 4-3-96) Penalty, see § 115.999
§ 115.112 CONSTRUCTION PERMITS.
   All license or franchise grantees are required to obtain construction permits for telecommunications facilities as required in §§ 115.150 through 115.168. However, nothing in this subchapter shall prohibit the village and a grantee from agreeing to alternative plan review, permit and construction procedures in a license or franchise agreement, provided such alternative procedures provide substantially equivalent safeguards for responsible construction practices.
(Ord. 96-15, passed 4-3-96) Penalty, see § 115.999
§ 115.113 INTERFERENCE WITH THE PUBLIC WAYS.
   No license or franchise grantee may locate or maintain its telecommunications facilities so as to unreasonably interfere with the use of the public ways by the village, by the general public or by other persons authorized to use or be present in or upon the public ways. All such facilities shall be moved by the grantee, temporarily or permanently, as determined by the Village Engineer.
(Ord. 96-15, passed 4-3-96) Penalty, see § 115.999
§ 115.114 DAMAGE TO PROPERTY.
   No license or franchise grantee nor any person acting on a grantee's behalf shall take any action or permit any action to be done which may impair or damage any village property, public ways of the village, other ways or other property located in, on or adjacent thereto.
(Ord. 96-15, passed 4-3-96) Penalty, see § 115.999
§ 115.115 NOTICE OF WORK.
   Unless otherwise provided in a license or franchise agreement, no license or franchise grantee, nor any person acting on the grantee's behalf, shall commence any non-emergency work in or about the public ways of the village or other ways without ten working days advance notice to the village.
(Ord. 96-15, passed 4-3-96) Penalty, see § 115.999
§ 115.116 REPAIR AND EMERGENCY WORK.
   In the event of an unexpected repair or emergency, a grantee may commence such repair and emergency response work as required under the circumstances, provided the grantee shall notify the village as promptly as possible, before such repair or emergency work or as soon thereafter as possible if advance notice is not practicable.
(Ord. 96-15, passed 4-3-96)
§ 115.117 MAINTENANCE OF FACILITIES.
   Each license or franchise grantee shall maintain its facilities in good and safe condition and in a manner that complies with all applicable federal, state and local requirements.
(Ord. 96-15, passed 4-3-96) Penalty, see § 115.999
§ 115.118 RELOCATION OR REMOVAL OF FACILITIES.
   Within 30 days following written notice from the village, a license or franchise grantee shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any telecommunications facilities within the public ways whenever the corporate authorities shall have determined that such removal, relocation, chant or alteration is reasonably necessary for:
   (A)   The construction, repair, maintenance or installation of any village or other public improvement in or upon the public ways.
   (B)   The operations of the village or other governmental entity in or upon the public ways.
(Ord. 96-15, passed 4-3-96)
§ 115.119 REMOVAL OF UNAUTHORIZED FACILITIES.
   Within 30 days following written notice from the village, any grantee, telecommunications carrier, or other person that owns, controls or maintains any unauthorized telecommunications system, facility or related appurtenances within the public ways of the village shall, at its own expense, remove such facilities or appurtenances from the public ways of the village. A telecommunications system or facility is unauthorized and subject to removal in the following circumstances:
   (A)   Upon expiration or termination of the grantee's telecommunications license or franchise.
   (B)   Upon abandonment of a facility within the public ways of the village.
   (C)   If the system or facility was constructed or installed without the prior grant of a telecommunications license or franchise.
   (D)   If the system or facility was constructed or installed without the prior issuance of a required construction permit.
   (E)   If the system or facility was constructed or installed at a location not permitted by the grantee's telecommunications license or franchise.
(Ord. 96-15, passed 4-3-96) Penalty, see § 115.999
§ 115.120 EMERGENCY REMOVAL OR RELOCATION OF FACILITIES.
   The village retains the right and privilege to cut or move any telecommunications facilities located within the public ways of the village, as the village may determine to be necessary, appropriate or useful in response to any public health or safety emergency.
(Ord. 96-15, passed 4-3-96)
§ 115.121 DAMAGE TO GRANTEE'S FACILITIES.
   Unless directly and proximately caused by the willful, intentional or malicious acts by the village, the village shall not be liable for any damage to or loss of any telecommunications facility within the public ways of the village as a result of or in connection with any public works, public improvements, construction, excavation, grading, filling, or work of any kind in the public ways by or on behalf of the village.
(Ord. 96-15, passed 4-3-96)
§ 115.122 RESTORATION OF PUBLIC WAYS, OTHER WAYS AND VILLAGE PROPERTY.
   (A)   When a license or franchise grantee, or any person acting on its behalf, does any work in or affecting any public ways, other ways or village property, it shall, at its own expense, promptly remove any obstructions therefrom and restore such ways or property to as good a condition as existed before the work was undertaken, unless otherwise directed by the village.
   (B)   If weather or other conditions do not permit the complete restoration required by this section, the grantee shall temporarily restore the affected ways or property. Such temporary restoration shall be at the licensee's sole expense and the licensee shall promptly undertake and complete the required permanent restoration when the weather or other conditions no longer prevent such permanent restoration.
   (C)   A grantee or other person acting in its behalf shall use suitable barricades, flags, flagmen, lights, flares and other measures as required for the safety of all members of the general public and to prevent injury or damage to any person, vehicle or property by reason of such work in or affecting such ways or property.
(Ord. 96-15, passed 4-3-96) Penalty, see § 115.999
§ 115.123 FACILITIES MAPS.
   Each license or franchise grantee shall provide the village with an accurate map or maps certifying the location of all telecommunications facilities within the public ways. Each grantee shall provide updated maps annually.
(Ord. 96-15, passed 4-3-96) Penalty, see § 115.999
Loading...