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Every utility that occupies right-of-way within the village shall register on January 1 of each year with the Village Clerk, providing the utility’s name, address and regular business telephone and telecopy numbers; the name of one or more contact persons who can act on behalf of the utility in connection with emergencies involving the utility’s facilities in the right-of-way and a 24-hour telephone number for each such person; and evidence of insurance, as required in § 94.057, in the form of a certificate of insurance. A telecommunications provider that has registered under this section shall be deemed to have satisfied the registration requirement under this section.
(Prior Code, § 94.052) (Ord. 2000-01-01, passed 1-10-2000)
(A) Permit required.
(1) No person shall construct (as defined in this subchapter) any facility on, over, above, along, upon, under, across or within any village right-of-way which:
(a) Changes the location of the facility;
(b) Adds a new facility;
(c) Disrupts the right-of-way (as defined in this subchapter); or
(d) Materially increases the amount of area or space occupied by the facility on, over, above, along, under, across or within the right-of-way, without first filing an application with the Village Clerk and obtaining a permit from the village therefor, except as otherwise provided in this subchapter.
(2) No permit shall be required for installation and maintenance of service connections to customers’ premises where there will be no disruption of the right-of-way.
(B) Permit application. All applications for permits pursuant to this subchapter shall be filed on a form provided by the village and shall be filed in such number of duplicate copies as the village may designate. The applicant may designate those portions of its application materials that it reasonably believes contain proprietary or confidential information as “proprietary” or “confidential” by clearly marking each page of such materials accordingly.
(C) Minimum general application requirements. The application shall be made by the utility, or its duly authorized representative, and shall contain, at a minimum, the following:
(1) The utility’s name and address and telephone and telecopy numbers;
(2) The applicant’s name and address, if different than the utility, its telephone, telecopy numbers, e-mail address and its interest in the work;
(3) The names, addresses and telephone and telecopy numbers and e-mail addresses of all professional consultants, if any, advising the applicant with respect to the application;
(4) A general description of the proposed work and the purposes and intent of the facility and the uses to which the facility will be put. The scope and detail of such description shall be appropriate to the nature and character of the work to be performed, with special emphasis on those matters likely to be affected or impacted by the work proposed;
(5) Evidence that the utility has placed on file with the village:
(a) A written traffic control plan demonstrating the protective measures and devices that will be employed consistent with the Illinois Manual on Uniform Traffic Control Devices to prevent injury or damage to persons or property and to minimize disruptions to efficient pedestrian and vehicular traffic; and
(b) An emergency contingency plan which shall specify the nature of potential emergencies, including, without limitation, construction and hazardous materials emergencies, and the intended response by the applicant. The intended response shall include notification to the village and shall promote protection of the safety and convenience of the public. Compliance with the Illinois Compiled Statutes regulations for emergency contingency plans constitutes compliance with this section unless the village finds that additional information or assurances are needed;
(6) Drawings, plans and specifications showing the work proposed, including the certification of an engineer that such drawings, plans and specifications comply with applicable codes, rules and regulations;
(7) Evidence of insurance, as required in § 94.057;
(8) Evidence of posting of the security fund, as required in § 94.059;
(9) Any request for a variance from one or more provisions of this subchapter (§ 94.070); and
(10) Such additional information as may be reasonably required by the village.
(D) Supplemental application requirements for specific types of utilities. In addition to the requirements of division (C) above, the permit application shall include the following items as applicable to the specific utility that is the subject of the permit application:
(1) In the case of new electric power, communications or natural gas distribution system installation, evidence that any “Certificate of Public Convenience and Necessity” has been issued by state statutes that the applicant is required by law, or has elected, to obtain;
(2) In the case of natural gas systems, state the proposed pipe size, design, construction class and operating pressures;
(3) In the case of water lines, indicate that all requirements of the State Environmental Protection Agency, Division of Public Water Supplies, have been satisfied;
(4) In the case of sewer line installations, indicate that the land and water pollution requirements of the State Environmental Protection Agency, Division of Water Pollution Control and other local or state entities with jurisdiction, have been satisfied; or
(5) In the case of petroleum products pipelines, state the type or types of petroleum products, pipe size, maximum working pressure and the design standard to be followed.
(E) Applicant’s duty to update information. Throughout the entire permit application review period and the construction period authorized by the permit, any amendments to information contained in a permit application shall be submitted by the utility, in writing, to the village within 30 days after the change necessitating the amendment.
(F) Application fees. Unless otherwise provided by franchise, license or similar agreement, all applications for permits pursuant to this subchapter shall be accompanied by a fee in the amount of $1,500.
(Prior Code, § 94.053) (Ord. 2000-01-01, passed 1-10-2000; Ord. 01-07-01, passed 7-9-2001)
(A) Village review of permit applications. Completed permit applications, containing all required documentation, shall be examined by the Village Engineer within a reasonable time after filing. If the application does not conform to the requirements of all applicable ordinances, codes, laws, rules and regulations, the Village Engineer shall reject such application in writing, stating the reasons therefor. If the Village Engineer is satisfied that the proposed work conforms to the requirements of this subchapter and all applicable ordinances, codes, laws, rules and regulations, the Village Engineer shall issue a permit therefor as soon as practicable.
(B) Additional village review of applications of telecommunications retailers.
(1) Pursuant to § 4 of the Telephone Company Act, 220 ILCS 65/4, a telecommunications retailer shall notify the village that it intends to commence work governed by this subchapter for facilities for the provision of telecommunications services. Such notice shall consist of plans, specifications and other documentation sufficient to demonstrate the purpose and intent of the facilities, and shall be provided by the telecommunications retailer to the village not less than ten days prior to the commencement of work requiring no excavation and not less than 30 days prior to the commencement of work requiring excavation. The Village Engineer shall specify the portion of the right-of-way upon which the facility may be placed, used and constructed.
(2) In the event that the Village Engineer fails to provide such specification of location to the telecommunications retailer within either: ten days after service of notice to the village by the telecommunications retailer in the case of work not involving excavation for new construction; or 25 days after service of notice by the telecommunications retailer in the case of work involving excavation for new construction, the telecommunications retailer may commence work without obtaining a permit under this subchapter.
(3) Upon the provision of such specification by the village, where a permit is required for work pursuant to § 94.053, the telecommunications retailer shall submit to the village an application for a permit and any and all plans, specifications and documentation available regarding the facility to be constructed. Such application shall be subject to the requirements of division (A) above.
(Prior Code, § 94.054) (Ord. 2000-01-01, passed 1-10-2000)
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