A. Findings: The findings set by the Board of Trustees are incorporated herein by reference.
B. Definitions:
PUBLIC WORKS PROJECT: A construction project of the Village for the benefit or use of its citizens.
UTILITY COMPANY: Any entity that owns, controls, operates or manages any utility facilities in the Village. This includes, without limitation, providers of electricity, water, and gas, and waste disposal, telecommunications and cable services.
UTILITY FACILITIES: Any infrastructure utilized for the purpose of providing to the public heat, cold, power, electricity, water, light, oil or gas, or waste disposal, telecommunications or cable services including, without limitation, transmission and distribution pipes, mains, lines, poles, conduits, wires, cables, fixtures, and other necessary equipment.
VILLAGE PROPERTY: Property owned by the Village and/or property over which the Village has dominion and control.
C. Relocation Or Remediation May Be Required:
1. Upon a finding by the Village that any utility company's utility facilities located on Village property: a) constitute a threat to, or impairment of, the health, safety or welfare of the Village citizens; and/or b) will impede the completion of a public works project undertaken for the health, safety or welfare of the Village citizens, the Village may require the utility company, at the utility company's sole expense, to relocate or otherwise remediate its utility facilities as approved by the Village.
2. The Village shall provide due notice to the utility company of its finding and provide the utility company with a schedule of the time frame within which the utility company must relocate or otherwise remediate its utility facilities in coordination with the Village.
3. In the event that the utility company cannot complete the relocation or remediation within the time frame mandated by the schedule, the utility company shall continue to work diligently to complete the relocation or remediation and shall immediately provide the Village with the time frame within which the utility company will complete the relocation or remediation, with said time frame not exceeding thirty (30) days beyond the schedule provided by the Village, unless otherwise agreed to by the Village.
D. Aesthetic Requirements: All new and relocated utility facilities located on Village property shall comply with the following requirements:
1. All structures associated with any utility facilities, including any wireless facility (as defined in section 9-5A-2 of this Code), shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend them into the natural setting and surrounding buildings and improvements.
2. All electrical and mechanical equipment, including any wireless facility (as defined in section 9-5A-2 of this Code), must be of neutral color that is identical to, or closely compatible with, the color of the supporting structure or utility pole so as to make the equipment as visually unobtrusive as possible.
E. Penalties: The Village may impose a fine as provided in section 1-4-1 of this Code per offense as a penalty for each violation of this section. Each day that a violation continues constitutes a separate offense. The Village may also obtain an injunction or other appropriate legal or equitable relief to prevent or remedy any violation hereof. (Ord. 2018-1566, 7-17-2018)