Loading...
§ 92.037 GENERAL CONSTRUCTION STANDARDS.
   (A)   Standards and principles. All construction in the right-of-way shall be consistent with applicable ordinances, codes, laws, rules and regulations, and commonly recognized and accepted traffic-control and construction principles, sound engineering judgement and, where applicable, the principles and standards set forth in the following IDOT publications:
      (1)   Standard Specifications for Road and Bridge Construction;
      (2)   Supplemental Specifications and Recurring Special Provisions;
      (3)   Highway Design Manual;
      (4)   Highway Standards Manual;
      (5)   Standard Specifications for Traffic-Control Items;
      (6)   Illinois Manual on Uniform Traffic-Control Devices (92 Ill. Admin. Code § 545);
      (7)   Flagger’s Handbook; and
      (8)   Work Site Protection Manual for Daylight Maintenance Operations.
   (B)   Interpretation of municipal standards and principles. If a discrepancy exists between or among differing principles and standards required by this subchapter, the Superintendent of Public Works shall determine, in the exercise of sound engineering judgement, which principles apply and such decision shall be final. If requested, the Superintendent of Public Works shall state which standard or principle will apply to the construction, maintenance or operation of a facility in the future.
(Prior Code, § 78.013) (Ord. 98-060, passed 11-16-1998)
§ 92.038 TRAFFIC CONTROL.
   (A)   Minimum requirements. The village’s minimum requirements for traffic protection are contained in IDOT’s Illinois Manual on Uniform Traffic-Control Devices and this code.
   (B)   Warning signs, protective devices and flaggers. The utility is responsible for providing and installing warning signs, protective devices and flaggers, when necessary, meeting all applicable federal, state and local requirements for protection of the public and the utility’s workers when performing any work on the public rights-of-way.
   (C)   Interference with traffic. All work shall be phased so that there is minimum interference with pedestrian and vehicular traffic.
   (D)   Notice when access is blocked. At least 48 hours prior to beginning work that will partially or completely block access to any residence, business or institution, the utility shall notify the resident, business or institution of the approximate beginning time and duration of such work; provided, however, that, in cases involving emergency repairs pursuant to § 92.044 of this chapter, the utility shall provide such notice as is practicable under the circumstances.
   (E)   Compliance. The utility shall take immediate action to correct any in traffic protection requirements that are brought to the utility’s attention by the village.
(Prior Code, § 78.014) (Ord. 98-060, passed 11-16-1998)
§ 92.039 LOCATION OF FACILITIES.
   (A)   Parallel facilities located within highways.
      (1)   Overhead parallel facilities. An overhead parallel facility may be located within the right-of-way lines of a highway only if:
         (a)   Lines are located as near as practicable to the right-of-way line and as nearly parallel to the right-of-way line as reasonable pole alignment will permit;
         (b)   Where pavement is curbed, poles are as remote as practicable from the curb with a minimum distance of two feet (0.6 m) behind the face of the curb, where available;
         (c)   Where pavement is uncurbed, poles are as remote from pavement edge as practicable with minimum distance of four feet (1.2 m) outside the outer shoulder line of the roadway and are not within the clear zone;
         (d)   No pole is located in the ditch line of a highway; and
         (e)   Any ground-mounted appurtenance is located within one foot (0.3 m) of the right-of-way line or as near as possible to the right-of-way line.
      (2)   Underground parallel facilities. An underground parallel facility may be located within the right-of-way lines of a highway only if:
         (a)   The facility is located as near the right-of-way line as practicable and not more than eight feet (2.4 m) from and parallel to the right-of-way line;
         (b)   A new facility may be located under the paved portion of a highway only if other locations are impracticable or inconsistent with sound engineering judgement (e.g., a new cable may be installed in existing conduit without disrupting the pavement); and
         (c)   In the case of an underground power or communications line, the facility shall be located as near the right-of-way line as practicable and not more than five feet (1.5 m) from the right-of-way line and any above-grounded appurtenance shall be located within one foot (0.3 m) of the right-of-way line or as near as practicable.
   (B)   Facilities crossing highways.
      (1)   No future disruption. The construction and design of crossing facilities installed between the ditch lines or curb lines of village highways may require the incorporation of materials and protections (such as encasement or additional cover) to avoid settlement or future repairs to the roadbed resulting from the installation of such crossing facilities.
      (2)   Cattle passes, culverts or drainage facilities. Crossing facilities shall not be located in cattle passes, culverts or drainage facilities.
      (3)   Ninety-degree crossing required. Crossing facilities shall cross at or as near to a 90-degree angle to the centerline as practicable.
      (4)   Overhead power or communication facility. An overhead power or communication facility may cross a highway only if:
         (a)   It has a minimum vertical line clearance as required by ICC’s rules entitled, “Construction of Electric Power and Communication Lines” (83 Ill. Admin. Code § 305);
         (b)   Poles are located within one foot (0.3 m) of the right-of-way line of the highway and outside of the clear zone; and
         (c)   Overhead crossings at major intersections are avoided.
      (5)   Underground power or communication facility. An underground power or communication facility may cross a highway only if:
         (a)   The design materials and construction methods will provide maximum maintenance-free service life; and
         (b)   Capacity for the utility’s foreseeable future expansion needs is provided in the initial installation.
         (c)   Markers. The village may require the utility to provide a marker at each right-of-way line where an underground facility other than a power or communication facility crosses a highway. Each marker shall identify the type of facility, the utility and an emergency phone number. Markers may also be eliminated as provided in current federal regulations (49 C.F.R. § 192.707 (1989)).
   (C)   Facilities to be located within particular rights-of-way. The village may require that facilities be located within particular rights-of-way that are not highways, rather than within particular highways.
   (D)   Freestanding facilities.
      (1)   The village may restrict the location and size of any freestanding facility located within a right-of-way.
      (2)   The village may require any freestanding facility located within a right-of-way to be screened from view.
   (E)   Appearance standards.
      (1)   The village may prohibit the installation of facilities in particular locations in order to preserve visual quality.
      (2)   A facility may be constructed only if its construction does not require extensive removal or alteration of trees or terrain features visible to the highway user or impair the aesthetic quality of the lands being traversed.
   (F)   Above ground installation. Above ground facilities may be installed only if:
      (1)   No other existing facilities in the area are located underground;
      (2)   New underground installation is not technically feasible; and
      (3)   The proposed installation will be made at a location, and will employ suitable design and materials, to provide the greatest protection of aesthetic qualities of the area being traversed without adversely affecting safety. Suitable designs include, but are not limited to, self-supporting armless, single-pole construction with vertical configuration of conductors and cable.
   (G)   Facility attachments to bridges or roadway structures.
      (1)   Facilities may be installed as attachments to bridges or roadway structures only where the utility has demonstrated that all other means of accommodating the facility are not practicable. Other means shall include, but are not limited to, underground, underwater, independent poles, cable supports and tower supports, all of which are completely separated from the bridge or roadway structure. Facilities transmitting commodities that are volatile, flammable, corrosive or energized, especially those under significant pressure or potential, present high degrees of risk and such installations are not permitted.
      (2)   A utility shall include in its request to accommodate a facility installation on a bridge or roadway structure supporting data demonstrating the impracticability of alternate routing. Approval or disapproval of an application for facility attachment to a bridge or roadway structure will be based upon the following considerations:
         (a)   The type, volume, pressure or voltage of the commodity to be transmitted and an evaluation of the resulting risk to persons and property in the event of damage to or failure of the facility;
         (b)   The type, length, value and relative importance of the highway structure in the transportation system;
         (c)   The alternative routings available to the utility and their comparative practicability;
         (d)   The proposed method of attachment;
         (e)   The ability of the structure to bear the increased load of the proposed facility;
         (f)   The degree of interference with bridge maintenance and painting;
         (g)   The effect on the visual quality of the structure; and
         (h)   The public benefit expected from the utility service as compared to the risk involved.
(Prior Code, § 78.015) (Ord. 98-060, passed 11-16-1998)
§ 92.040 CONSTRUCTION METHODS AND MATERIALS.
   (A)   Standards and requirements for particular types of construction methods.
      (1)   Boring or jacking.
         (a)   Pits and shoring. Boring or jacking under rights-of-way shall be accomplished from pits located at a minimum distance specified by the Superintendent of Public Works from the edge of the pavement. Pits for boring or jacking shall be excavated no more than 48 hours in advance of boring or jacking operations and backfilled within 48 hours after boring or jacking operations are completed. While pits are open, they shall be clearly marked and protected by barricades. Shoring shall be designed, erected, supported, braced and maintained so that it will safely support all vertical and lateral loads that may be imposed upon it during the boring or jacking operation.
         (b)   Wet boring or jetting. Wet boring or jetting shall not be permitted under the roadway.
         (c)   Borings with diameters greater than six inches. Borings over six inches (0.15 m) in diameter shall be accomplished with an auger and following pipe, and the diameter of the auger shall not exceed the outside diameter of the following pipe by more than one inch (25 mm).
         (d)   Borings with diameters six inches or less. Borings of six inches or less in diameter may be accomplished by either jacking, guided with auger or auger and following pipe method.
         (e)   Tree preservation. Any facility located within the drip line of any tree designated by the village to be preserved shall be bored under or around the root system.
      (2)   Trenching. Trenching for facility installation, repair or maintenance on rights-of-way shall be done in accord with the applicable portions of § 603 of IDOT’s Standard Specifications for Road and Bridge Construction.
         (a)   Length. The length of open trench shall be kept to the practicable minimum consistent with requirements for pipe-line testing. Only one-half of any intersection may have an open trench at any time unless special permission is obtained from the Superintendent of Public Works.
         (b)   Open trench and excavated material. Open trench and windowed excavated material shall be protected as required by Ch. 6 of the Illinois Manual on Illinois Traffic-Control Devices. Where practicable, the excavated material shall be deposited between the roadway and the trench as added protection. Excavated material shall not be allowed to remain on the paved portion of the roadway. Where right-of-way width does not allow for windowing excavated material off the paved portion of the roadway, excavated material shall be hauled to an off-road location.
         (c)   Preservation. The utility shall not trench within the drip line of any tree designated by the village to be preserved.
      (3)   Backfilling.
         (a)   Any pit, trench or excavation created during the installation of facilities shall be backfilled for its full width, depth and length using methods and materials in accordance with IDOT’s Standard Specifications for Road and Bridge Construction. When excavated material is hauled away or is unsuitable for backfill, suitable granular backfill shall be used.
         (b)   For a period of three years from the date construction of a facility is completed, the utility shall be responsible to remove and restore any backfilled area that has settled due to construction of the facility. If so ordered by the Superintendent of Public Works, the utility, at its expense, shall remove any pavement and backfill material to the top of the installed facility, place and properly compact new backfill material, and restore new pavement, sidewalk, curbs and driveways to the proper grades, as determined by the Superintendent of Public Works.
      (4)   Pavement cuts. Pavement cuts for facility installation or repair shall be permitted on a highway only if that portion of the highway is closed to traffic. If a variance to the limitation set forth in this division (A)(4) is permitted under § 92.045 of this chapter, the following requirements shall apply.
         (a)   Any excavation under pavements shall be backfilled as soon as practicable with granular material of CA-6 or CA-10 gradation, as designated by the Superintendent of Public Works.
         (b)   Restoration of pavement, in kind, shall be accomplished as soon as practicable, and temporary repair with bituminous mixture shall be provided immediately. Any subsequent failure of either the temporary repair or the restoration shall be rebuilt upon notification by the village.
         (c)   All saw cuts shall be full depth.
         (d)   For all rights-of-way which have been reconstructed with a concrete surface/base in the last seven years, or resurfaced in the last three years, permits shall not be issued unless such work is determined to be an emergency repair or other work considered necessary and unforeseen before the time of the reconstruction or unless a pavement cut is necessary for a J.U.L.I.E. locate.
      (5)   Encasement.
         (a)   Casing pipe shall be designed to withstand the load of the highway and any other superimposed loads. The casing shall be continuous either by one-piece fabrication or by welding or jointed installation approved by the village.
         (b)   The venting, if any, of any encasement shall extend within one foot (0.3 m) of the right-of-way line. No above-ground vent pipes shall be located in the area established as clear zone for that particular section of the highway.
         (c)   In the case of water main or service crossing, encasement shall be furnished between bore pits unless continuous pipe or village approved jointed pipe is used under the roadway. Casing may be omitted only if pipe is installed prior to highway construction and carrier pipe is continuous or mechanical joints are of a type approved by the village. Bell and spigot type pipe shall be encased regardless of installation method.
         (d)   In the case of gas pipelines of 60 psig or less, encasement may be eliminated.
         (e)   In the case of gas pipelines or petroleum products pipelines with installations of more than 60 psig, encasement may be eliminated only if:
            1.   Extra heavy pipe is used that precludes future maintenance or repair; and
            2.   Cathodic protection of the pipe is provided;
         (f)   If encasement is eliminated for a gas or petroleum products pipeline, the facility shall be located so as to provide that construction does not disrupt the right-of-way.
      (6)   Minimum cover of underground facilities. Cover shall be provided and maintained at least in the amount specified in the following table for minimum cover for the type of facility:
 
Type of Facility
Minimum Cover
Communication line installed by the plowed method
24 inches (0.6 m)
Gas or petroleum products
30 inches (0.8 m)
Power or communication line (in general)
30 inches (0.8 m)
Sanitary sewer, storm sewer or drainage line
Sufficient cover to provide freeze protection
Water line
Sufficient cover to provide freeze protection
 
   (B)   Standards and requirements for particular types of facilities.
      (1)   Electric power or communication lines.
         (a)   Code compliance. Electric power or communications facilities within village rights-of-way shall be constructed, operated and maintained in conformity with the provisions of 83 Ill. Admin. Code § 305 (formerly General Order 160 of the Illinois Commerce Commission) entitled Rules for Construction of Electric Power and Communications Lines and the National Electrical Safety Code.
         (b)   Overhead facilities. Overhead power or communication facilities shall use single pole construction and, where practicable, joint use of poles shall be used. Utilities shall make every reasonable effort to design the installation so guys and braces will not be needed. Variances may be allowed if there is no feasible alternative and if guy wires are equipped with guy guards for maximum visibility.
         (c)   Underground facilities.
            1.   Cable may be installed by trenching or plowing; provided that, special consideration is given to boring in order to minimize damage when crossing improved entrances and side roads.
            2.   If a crossing is installed by boring or jacking, encasement shall be provided between jacking or bore pits. Encasement may be eliminated only if:
               a.   The crossing is installed by the use of moles, whip augers or other approved method which compress the earth to make the opening for cable installation; or
               b.   The installation is by the open trench method which is only permitted prior to roadway construction.
            3.   Cable shall be grounded in accordance with the National Electrical Safety Code.
      (2)   Underground facilities other than electric power or communication lines. Underground facilities other than electric power or communication lines may be installed by:
         (a)   The use of moles, whip augers or other approved methods which compress the earth to move the opening for the pipe;
         (b)   Jacking or boring with vented encasement provided between the ditch lines or toes of slopes of the highway;
         (c)   Open trench with vented encasement between ultimate ditch lines or toes of slopes, but only if prior to roadway construction; or
         (d)   Tunneling with vented encasement, but only if installation is not possible by other means.
      (3)   Gas transmission, distribution and service. Gas pipelines within rights-of-way shall be constructed, maintained and operated in a village approved manner and in conformance with the Federal Code of the Office of Pipeline Safety Operations, Department of Transportation, part 192, Transportation of Natural and Other Gas by Pipeline: Minimum Federal Safety Standards (49 C.F.R. part 192), IDOT’s Standard Specifications for Road and Bridge Construction and all other applicable laws, rules and regulations.
      (4)   Petroleum products pipelines. Petroleum products pipelines within rights-of-way shall conform to the applicable sections of ANSI Standard Code for Pressure Piping. (Liquid Petroleum Transportation Piping Systems ANSI-B 31.4).
      (5)   Waterlines, sanitary sewer lines; storm water sewer lines or drainage lines. Water lines, sanitary sewer lines, storm sewer lines and drainage lines within rights-of-way shall meet or exceed the recommendations of the current Standard Specifications for Water and Sewer Main Construction in Illinois.
      (6)   Ground mounted appurtenances. Ground mounted appurtenances to overhead or underground facilities, when permitted within a right-of-way, shall be provided with a vegetation-free area extending one foot (305 mm) in width beyond the appurtenance in all directions. The vegetation-free area may be provided by an extension of the mounting pad, or by heavy duty plastic or similar material approved by the Superintendent of Public Works. With the approval of the Superintendent of Public Works, shrubbery surrounding the appurtenance may be used in place of vegetation-free area. The housing for ground-mounted appurtenances shall be painted a neutral color to blend with the surroundings.
   (C)   Materials.
      (1)   General standards. The materials used in constructing facilities within rights-of-way shall be those meeting the accepted standards of the appropriate industry, the applicable portions of IDOT’s Standards Specifications for Road and Bridge Construction, the requirements of the Illinois Commerce Commission, or the standards established by other official regulatory agencies for the appropriate industry.
      (2)   Material storage on right-of-way. All pipe, conduit, wire, poles, cross arms or other materials shall be distributed along the right-of-way prior to and during installation in a manner to minimize hazards to the public or an obstacle to right-of-way maintenance or damage to the right-of-way and other property. If material is to be stored on right-of-way, prior approval must be obtained from the village.
      (3)   Hazardous materials. The plans submitted by the utility to the village shall identify any hazardous materials that may be involved in the construction of the new facilities or removal of any existing facilities.
   (D)   Operational restrictions.
      (1)   Construction operations on rights-of-way may, at the discretion of the village, be required to be discontinued when such operations would create hazards to traffic or the public health, safety and welfare. Such operations may also be required to be discontinued or restricted when conditions are such that construction would result in extensive damage to the right-of-way or other property.
      (2)   These restrictions may be waived by the Superintendent of Public Works when emergency work is required to restore vital utility services.
      (3)   Unless otherwise permitted by the village, the hours of construction are from sunrise to sunset.
   (E)   Location of existing facilities. Any utility proposing to construct facilities in the village shall contact J.U.L.I.E. and ascertain the presence and location of existing above-ground and underground facilities within the rights-of-way to be occupied by its proposed facilities. The village will make its permit records available to a utility for the purpose of identifying possible facilities. When notified of an excavation or when requested by the village or by J.U.L.I.E., a utility shall locate and physically mark its underground facilities within 48 hours, excluding weekends and holidays, in accordance with the Illinois Underground Facilities Damage Prevention Act (220 ILCS 50/1 et seq.).
(Prior Code, § 78.016) (Ord. 98-060, passed 11-16-1998)
§ 92.041 VEGETATION CONTROL.
   (A)   Tree trimming permit required. Tree trimming shall not be considered a normal maintenance operation, but shall require the application for, and the issuance of, a permit, in addition to any other permit required under this subchapter.
      (1)   Application for tree trimming permit. Applications for tree trimming permits shall include assurance that the work will be accomplished by competent workers with supervision who are experienced in accepted tree pruning practices. Tree trimming permits shall designate an expiration date in the interest of assuring that the work will be expeditiously accomplished.
      (2)   Damage to trees. Poor pruning practices resulting in damaged or misshapen trees will not be tolerated and shall be grounds for cancellation of the tree trimming permit and for assessment of damages. The village will require compensation for trees extensively damaged and for trees removed without authorization. The formula developed by the International Society of Arboriculture will be used as a basis for determining the compensation for damaged trees or unauthorized removal of trees. The village may require the removal and replacement of trees if trimming or radical pruning would leave them in an unacceptable condition.
   (B)   Specimen trees or trees of special significance. The village may require that special measures be taken to preserve specimen trees or trees of special significance. The required measures may consist of higher poles, side arm extensions, covered wire or other means.
   (C)   Chemical use. Spraying of any type of brush-killing chemicals will not be permitted on rights-of-way unless the utility demonstrates to the satisfaction of the Superintendent of Public Works that such spraying is the only practicable method of vegetation control.
(Prior Code, § 78.017) (Ord. 98-060, passed 11-16-1998)
§ 92.042 REMOVAL, RELOCATION OR MODIFICATIONS OF UTILITY FACILITIES.
   (A)   Notice. Within 90 days following written notice from the village, a utility shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any utility facilities within the rights-of-way whenever the corporate authorities have determined that such removal, relocation, change or alteration, is reasonably necessary for the construction, repair, maintenance or installation of any village improvement in or upon, or the operations of the village in or upon, the rights-of-way.
   (B)   Removal of unauthorized facilities. Within 30 days following written notice from the village, any utility that owns, controls or maintains any unauthorized notice from the village, facility or related appurtenances within the public rights-of-way shall, at its own expense, remove all or any part of such facilities or appurtenances from the public rights-of-way. A facility is unauthorized and subject to removal in the following circumstances:
      (1)   Upon expiration or termination of the permittee’s license or franchise, unless otherwise permitted by applicable law;
      (2)   If the facility was constructed or installed without the prior grant of a license or franchise, if required;
      (3)   If the facility was constructed or installed without prior issuance of a required permit in violation of this subchapter; or
      (4)   If the facility was constructed or installed at a location not permitted by the permittee’s license or franchise.
   (C)   Emergency removal or relocation of facilities. The village retains the right and privilege to cut or move any facilities located within the rights-of-way of the village, as the village may determine to be necessary, appropriate or useful in response to any public health or safety emergency. If circumstances permit, the municipality shall attempt to notify the utility, if known, prior to cutting or removing a facility and shall notify the utility, if known, after cutting or removing a facility.
   (D)   Abandonment of facilities. Upon abandonment of a facility within the public rights-of-way of the village, the utility shall notify the village within 90 days. Following receipt of such notice, the village may direct the utility to remove all or any portion of the facility if the Superintendent of Public Works determines that such removal will be in the best interest of the public health, safety and welfare. In the event that the village does not direct the utility that abandoned the facility to remove it, by giving notice of abandonment to the village, the abandoning utility shall be deemed to consent to the alteration or removal of all or any portion of the facility by another utility or person.
(Prior Code, § 78.018) (Ord. 98-060, passed 11-16-1998)
Loading...