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(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 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 Village Engineer 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, § 94.067) (Ord. 2000-01-01, passed 1-10-2000)
Upon completion of all construction or maintenance of facilities, the utility shall remove all excess material and restore all turf and terrain in a timely manner and to the satisfaction of the village. This includes restoration of entrances and side roads. Restoration of roadway surfaces shall be made using materials and methods approved by the Village Engineer. Such cleanup and repair may be required to consist of backfilling, regrading, reseeding, resodding or any other requirement to restore the right-of-way to a condition substantially equivalent to that which existed prior to the commencement of the project.
(Prior Code, § 94.068) (Ord. 2000-01-01, passed 1-10-2000) Penalty, see § 94.999
(A) General. Facilities on, over, above, along, upon, under, across or within rights-of-way are to be maintained by or for the utility in a manner satisfactory to the village and at the utility’s expense.
(B) Emergency maintenance procedures. Emergencies may justify noncompliance with normal procedures for securing a permit:
(1) If an emergency creates a hazard on the traveled portion of the right-of-way, the utility shall take immediate steps to provide all necessary protection for traffic on the highway or the public on the right-of-way, including the use of signs, lights, barricades or flaggers. If a hazard does not exist on the traveled way, but the nature of the emergency is such as to require the parking on the shoulder of equipment required in repair operations, adequate signs and lights shall be provided. Parking on the shoulder in such an emergency will only be permitted when no other means of access to the facility is available;
(2) In an emergency, the utility shall, as soon as possible, notify the Village Engineer, or his or her duly authorized agent, of the emergency, informing him or her as to what steps have been taken for protection of the traveling public and what will be required to make the necessary repairs. If the nature of the emergency is such as to interfere with the free movement of traffic, the village police shall be notified immediately; or
(3) In an emergency, the utility shall use all means at hand to complete repairs as rapidly as practicable and with the least inconvenience to the traveling public.
(C) Emergency repairs. The utility must file, in writing, with the village a description of the repairs undertaken in the right-of-way within 48 hours after an emergency repair.
(Prior Code, § 94.069) (Ord. 2000-01-01, passed 1-10-2000) Penalty, see § 94.999
(A) Request for variance. A utility requesting a variance from one or more of the provisions of this subchapter must do so, in writing, to the Village Engineer as a part of the permit application. The request shall identify each provision of this subchapter from which a variance is requested and the reasons why a variance should be granted.
(B) Authority to grant variances. The Village Engineer shall decide whether a variance is authorized for each provision of this subchapter identified in the variance request on an individual basis.
(C) Conditions for granting of variance. The Village Engineer may authorize a variance only if the utility requesting the variance has demonstrated that:
(1) One or more conditions not under the control of the utility (such as terrain features or an irregular right-of-way line) create a special hardship that would make enforcement of the provision unreasonable, given the public purposes to be achieved by the provision; and
(2) All other designs, methods, materials, locations or facilities that would conform with the provision from which a variance is requested are impracticable in relation to the requested approach.
(D) Additional conditions for granting of a variance. As a condition for authorizing a variance, the Village Engineer may require the utility requesting the variance to meet reasonable standards and conditions that may or may not be expressly contained within this subchapter but which carry out the purposes of this subchapter.
(Prior Code, § 94.070) (Ord. 2000-01-01, passed 1-10-2000)
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