A. Purpose: The purpose of this chapter is to establish policies and procedures for constructing facilities by utilities and telecommunication providers on rights-of-way within the Village's jurisdiction, which will provide public benefit consistent with the preservation of the integrity, safe usage, and visual qualities of the Village rights-of-way and the Village as a whole.
B. Facilities Subject To This Chapter: This chapter applies to all facilities on, over, above, along, upon, under, across, or within the public rights-of-way within the jurisdiction of the Village. A facility lawfully established prior to the effective date of this chapter may continue to be maintained, repaired and operated by the utility as presently constructed and located, except as may be otherwise provided in any applicable franchise, license, or similar agreement. Any modification of or addition to an existing facility shall comply with this chapter.
C. Franchises, Licenses, Or Similar Agreements: The Village, 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 facilities on, over, above, along, upon, under, across, or within the Village rights-of-way.
D. Effect Of Franchises, Licenses, Or Similar Agreements: In the event of any conflict with, or inconsistency between, the provisions of this chapter and the provisions of any franchise, license or similar agreement between the Village 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.
E. Conflicts With Other Code Sections: This chapter supersedes all parts of this Code adopted prior hereto that are in conflict herewith, to the extent of such conflict.
F. Conflicts With State And Federal Laws: In the event that applicable Federal or State laws or regulations conflict with the requirements of this chapter, the utility shall comply with the requirements of this chapter to the maximum extent possible without violating Federal or State laws or regulations. (Ord. 2898, 11-13-2000)