A. New Utility Lines Not In A Public Right-Of-Way:
1. Underground Lines Required: All utility lines installed after the effective date hereof that are not within a public right-of-way shall be installed underground. For purposes of this subsection, a “utility line” is a cable, wire, pipe, or other form of conduit used to transmit or convey electricity, natural gas, oil, water, sewage and similar substances. A wire, cable or line used to transmit telephone or telegraph messages is a “utility line”.
2. Waivers: Where, because of unusual circumstances, it is either not reasonably possible to install a utility line underground or where the cost of underground installation of a utility line will be so great as to make it economically unfeasible to install the utility line underground, the Director of Public Works may waive the requirements of subsection A1 of this section upon written request submitted by the person claiming the existence of the unusual circumstance. In the event such a request is made, copies of the request shall be forwarded to the Village President along with a copy of the Director’s decision granting or denying the request. Any request for waiver submitted pursuant to this subsection A2 shall describe in reasonable detail why there are unusual circumstances which either make it not reasonably possible to install a utility line underground or which make it economically unfeasible to install a utility line underground. Before acting on a request for a waiver, the Director may require the person making the request to submit documents and other evidence to substantiate the claim of unusual circumstances.
3. Penalty: Any person violating the provisions of this subsection shall be subject to a fine of not less than two hundred fifty dollars ($250.00) nor more than seven hundred fifty dollars ($750.00) for each violation. Each day that a violation of this subsection is permitted to exist shall constitute a separate offense.
(Ord. 85-7-3E, 7-3-1985)
B. Certain Utility Lines Located In The Public Right-Of-Way To Be Underground:
1. Definitions: As used in this subsection, the following words and terms shall have the meanings ascribed to them in this subsection B1:
ABUTTING RIGHT-OF-WAY. That portion of the public right-of-way, title to which will vest in the owners of the lot, parcel or tract upon which the building or structure is located in the event the public right-of-way were to be abandoned or vacated.
BUILDING OR STRUCTURE. Any building or structure for which an occupancy permit is required and which is not a single-family or two family residence.
UTILITY LINE. A cable, wire, pipe, or other form of conduit used to transmit or convey electricity, natural gas, oil, water, sewage or similar substances. A wire cable or line used to transmit telephone or telegraph messages is a “utility line”.
2. Underground Lines Required; Exemptions: After the effective date hereof, no occupancy permit shall be issued for any building or structure unless the utility lines located within the abutting right- of-way are installed and/or relocated underground; provided, however, that such relocation and/or installation shall not be required for utility lines belonging to the Central Telephone Company, Commonwealth Edison Company or the Illinois Bell Telephone Company in the event that the utility company which owns such a line refuses to permit the line to be installed or relocated underground.
3. Waivers: Where, because of unusual circumstances, it is either not reasonably possible to install or relocate a utility line underground or where the cost of underground installation or relocation of a utility line will be so great as to make it economically unfeasible to install or relocate the utility line underground, the Director of Public Works may waive the requirements of subsection B2 of this section upon written request submitted by the person claiming the existence of the unusual circumstance. In the event such a request is made, copies of the request shall be forwarded to the Village President along with a copy of the Director’s decision granting or denying the request. Any request for waiver submitted pursuant to this subsection B3 shall describe in reasonable detail why there are unusual circumstances which either make it not reasonably possible to relocate or install a utility line underground or which make it economically unfeasible to relocate or install a utility line underground. Before acting on a request for a waiver, the Director may require the person making the request to submit documents and other evidence to substantiate the claim of unusual circumstances.
(Ord. 86-5-7G, 5-7-1986)