(A) Purpose. The purpose of this subchapter is to establish policies and procedures for constructing facilities 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 subchapter. This subchapter 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 subchapter 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.
(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 their facilities on, over, above, along, upon, under, across or within the village rights-of-way. Utilities that are not required by law to enter into such an agreement may request that the village enter into such an agreement. In such an agreement, the village may provide for terms and conditions inconsistent with this subchapter.
(D) Effect of franchises, licenses or similar agreements.
(1) Utilities other than telecommunications providers. In the event that a utility other than a telecommunications provider has a franchise, license or similar agreement with the village, such franchise, license or similar agreement shall govern and control during the term of such agreement and any lawful renewal or extension thereof.
(2) Telecommunications providers. In the event of any conflict with, or inconsistency between, the provisions of this subchapter 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 chapters. This subchapter supersedes all chapters or parts of chapters 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 subchapter, the utility shall comply with the requirements of this subchapter to the maximum extent possible without violating federal or state laws or regulations.
(G) Sound engineering judgement. The village shall use sound engineering judgement when administering this subchapter and may vary the standards, conditions and requirements expressed in this subchapter when the village so determines. Nothing herein shall be construed to limit the ability of the village to regulate its rights-of-way for the protection of the public health, safety and welfare.
(Prior Code, § 78.001) (Ord. 98-060, passed 11-16-1998)