TITLE 8
PUBLIC WAYS AND PROPERTY
CHAPTER 1
STREETS, SIDEWALKS AND PUBLIC WAYS
SECTION:
8-1-1: Supervision
8-1-2: Construction Requirements
8-1-3: Repairs And Defects
8-1-4: Street Openings
8-1-5: Barricades
8-1-6: Use Of Public Ways
8-1-7: Prohibited Acts And Conditions
8-1-8: Deposits On Streets And Sidewalks
8-1-9: Building Operations
8-1-10: Penalty
8-1-1: SUPERVISION:
All public streets, alleys, sidewalks and other public ways in the city shall be under the supervision of the superintendent of streets and sewers 1 . (1979 Code Ch. 10, Art. I, § 1)
8-1-2: CONSTRUCTION REQUIREMENTS:
   A.   Public Ways Generally:
      1.   Permit Requirements: It shall be unlawful to break, construct or lay any pavement on any public street, alley or other public way or to repair the same without first having secured a permit therefor. Applications for such permits shall be made to the city clerk and shall state the location of the intended pavement or repair, the extent thereof and the person who is to do the actual construction work. No such permits shall be issued except by permission of the superintendent of streets and sewers. (1979 Code Ch. 10, Art. I, § 2)
      2.   Bond Or Insurance: (Rep. by Ord. 3131, 7-21-2003)
      3.   Specifications: All streets and sidewalk pavements shall be made in conformity with specifications laid down or approved, from time to time, by the council. (1979 Code Ch. 10, Art. I, § 4)
   B.   Sidewalks:
      1.   Required: From and after January 18, 2000, sidewalks shall be required, subject to the terms set forth herein, on each property with a zoning district classification of C-1 district (commercial C-1) or C-2 district (commercial C-2) or R-2 district (residential R-2). The property owner(s) of such property shall construct such sidewalks and shall pay all costs for engineering services, concrete and other materials, and labor for the construction of such sidewalks; and such sidewalks shall be constructed according to such plans and specifications as may be determined by the city council from time to time; and such sidewalks shall be constructed at the same time as any new building, structure or improvement is constructed on such property on and after January 18, 2000. Notwithstanding the foregoing, the city may furnish the engineering services and/or concrete and/or other materials and/or labor to construct such sidewalks or have others to do so, in whole or in part, and in such event, the city shall charge the cost thereof to such property owner(s) who shall be liable to pay same within thirty (30) days of mailing of a bill therefor to such property owner(s) or their representative at the address of such property. The foregoing requirements shall also be deemed as additional requirements under title 11 of this code. (Ord. 2935, 1-18-2000)
      2.   "City Of Taylorville Special Service Area One": The city has previously established by ordinance 2133, which ordinance is incorporated herein by reference thereto, a special service area known and designated as "city of Taylorville special service area number one" consisting of the following described territory:
Lots 1, 7, 8, 9, 10, 11 and 12 in Block 13; Lots 1, 6, 7, 8, 9, 10, 11 and 12 in Block 14; Lots 6, 7, 8, 9, 10, 11 and 12 in Block 15; Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 and 12 in Block 18; Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 and 12 in Block 20; Lots 1, 2, 3, 4, 5, 6 and 12 in Block 21; Lots 1, 2, 3, 4, 5, 6, 7 and 12 in Block 22; Lots 1, 2, 3, 4, 5, 6 and 7 in Block 23, all situated in the Original Town, now City of Taylorville, Christian County, Illinois.
The city has heretofore repaired and restored sidewalks within the "city of Taylorville special service area number one" and, in particular, has had brick sidewalks installed therein; and any future removal, repair, and installation of said brick sidewalks requires special skills to avoid damage to the brick and sidewalks and to preserve the uniformity of appearance and safety of the surface of said brick sidewalks.
         a.   It shall be unlawful for any person (other than the city) to remove, repair, or reinstall or to cause the removal, repair, or reinstallation of any portion of the brick sidewalks within the "city of Taylorville special service area number one". If the owner(s) of property adjacent to any brick sidewalk within the "city of Taylorville special service area number one" desires that any portion of such brick sidewalk adjoining their property be removed, repaired, or reinstalled, then such owner(s) shall request a written permit from the superintendent of streets and sewers for such work, which permit can be denied by the superintendent of streets and sewers, in his sole discretion. Application for such permit shall be on a form furnished by the superintendent of streets and sewers. The fee for such permit to remove, repair, or reinstall any such brick sidewalk shall be paid in advance and shall amount to ten dollars ($10.00) plus forty dollars ($40.00) for each square yard, or fraction thereof, of brick sidewalk to be removed, repaired, or reinstalled. All brick sidewalk removal, repair, or reinstallation within the "city of Taylorville special service area number one" shall be done by the city's street and sewer department at such time or times as is deemed convenient by the superintendent of streets and sewers, or his designee, in his sole discretion.
         b.   It shall be unlawful for any person to use or cause to be used any equipment or to work, or cause work to be performed, around, on, or over any portion of the brick sidewalks within the "city of Taylorville special service area number one" without having first obtained a written permit from the superintendent of streets and sewers. Application for such permit shall be on a form furnished by the superintendent of streets and sewers. The fee for such permit shall be ten dollars ($10.00). Such permit shall expire sixty (60) days from the date of issuance of such permit. The owner(s) of property adjacent to the subject brick sidewalk and the holder of such permit and anyone else using any equipment or working around, on, or over any portion of the brick sidewalks within the "city of Taylorville special service area number one" shall be responsible for and shall protect such bricks and sidewalks from damage at all times and shall be jointly and severally liable to the city and shall jointly and severally pay the city for any and all damage(s) to such bricks and/or sidewalks and for the cost to remove and/or to repair and/or to replace and/or to reinstall any such bricks and/or sidewalks immediately upon demand of the city.
      3.   Construction, Repair Or Reconstruction: Subject to and except as required and provided in subsection B1 of this section, the owner(s) of property adjacent to the city sidewalks outside the "city of Taylorville special service area number one" may construct, repair or reconstruct existing sidewalks upon approval of the superintendent of streets and sewers. Upon application and such approval, the city will furnish engineering services, remove existing sidewalks and dispose of the broken concrete or other debris and labor to lay sidewalks. All costs of concrete and other materials shall be borne by the property owner(s). Also, the city will furnish the concrete for such sidewalks should the property owner(s) wish to furnish his own labor to lay the sidewalks, with the approval and supervision of the superintendent of streets and sewers. (Ord. 3189, 8-2-2004)
   C.   Curbs And Gutters:
      1.   Upon application and written agreement by one or more property owners who want curbs and gutters constructed along a street adjacent to their property, and such property owners are willing to be assessed the costs of construction and allow the city to determine place and design of the curb, then the city, upon approval of the mayor and city engineer 2 , shall construct such curbs and gutters and assess the property owner or owners on a front footage basis for the cost of construction. The engineering expenses, excavation, removal of debris and street restoration shall be borne by the city.
      2.   The owners of property adjacent to the city streets may repair or reconstruct existing curbs and gutters when such curbs and gutters are in bad repair upon approval of the superintendent of streets and sewers. Upon application and such approval, the city will furnish engineering services, remove existing curbing and dispose of the broken concrete or other debris, and labor to install curbs and gutters.
      3.   All costs of concrete and other materials shall be borne by the property owner. Also, the city will furnish the concrete for such curbs and gutters should the property owner wish to furnish his own labor to install the curbs and gutters with the approval and supervision of the superintendent of streets and sewers. (Ord. 2560, 8-1-1994)
8-1-3: REPAIRS AND DEFECTS:
All public streets and alleys and sidewalk pavements shall be kept in good repair. Such repair work, whether done by the city or by the abutting owner shall be under the supervision of the superintendent of streets and sewers. (1979 Code Ch. 10, Art. I, § 6)
It shall be the duty of every city officer or employee becoming cognizant of any defect in any street or alley or sidewalk or any obstruction thereof to report the same to the superintendent of streets and sewers as soon as possible. (1979 Code Ch. 10, Art. I, § 8)
8-1-4: STREET OPENINGS 3 :
It shall be unlawful to construct or maintain any opening or stairway in any public street or sidewalk or alley without a permit from the council. All such lawfully maintained openings shall be guarded by a suitable strong cover or a railing, with the approval of the superintendent of streets and sewers. (1979 Code Ch. 10, Art. I, § 21)
8-1-5: BARRICADES 3 :
   A.   Barricades Required: Any person laying or repairing any pavement on a street, sidewalk or other public place or making an excavation in any such place shall maintain suitable barricades to prevent injury to any person or vehicle by reason of the work; such barricades shall be protected by amber flashing lights at nighttime. (1979 Code Ch. 10, Art. I, § 10)
   B.   Disturbing Barricades: It shall be unlawful to disturb or interfere with any barricade or lights lawfully placed to protect or mark any new pavement or excavation 5 or opening in any public street, alley or sidewalk. (1979 Code Ch. 10, Art. I, § 11)
8-1-6: USE OF PUBLIC WAYS:
   A.   Private Use: It shall be unlawful for any person to use any street, sidewalk or other public space as space for the display of goods or merchandise for sale or to write or mark any signs or advertisements on any such pavements without the consent of the city council. (1979 Code Ch. 10, Art. I, § 12)
   B.   Poles And Wires: It shall be unlawful to erect any poles or wires or to maintain any poles or wires over any public street, alley or other public way without having first secured permission from the council. (1979 Code Ch. 10, Art. I, § 18)
   C.   Gas Pumps: It shall be unlawful to maintain or erect any gasoline pump or tank in any public street, alley or sidewalk. (1979 Code Ch. 10, Art. I, § 19)
   D.   Games: It shall be unlawful to play any games upon any street, alley, sidewalk or other public place where such games cause unnecessary noise or interfere with traffic or pedestrians. (1979 Code Ch. 10, Art. I, § 20)
   E.   Scaffolds: Any scaffolds or ladders placed in such a way that they overhang or can fall onto any public street, alley or other public place in the city shall be firmly constructed and safeguarded and it shall be unlawful to place or leave any tools or article on any such place in such a manner that the same can fall onto any such street, sidewalk, alley or other public place from a height greater than four feet (4'). (1979 Code § 24-4-24)
   F.   Disabled Persons Crosswalk: A marked crosswalk identified for use by disabled persons shall be located across the 100 block of West Market Street that provides a pedestrian means of travel between the sidewalk along the south side of the Christian County Courthouse property and the sidewalk along the front entrance of 108 West Market Street. The sidewalks entering such crosswalk shall be reconstructed to permit a sloped access to such crosswalk by wheelchairs. The driver or operator of any vehicle shall yield the right of way to any disabled person in a wheelchair traveling across such crosswalk between such sidewalks. (Ord. 3192, 8-16-2004)
8-1-7: PROHIBITED ACTS AND CONDITIONS:
   A.   Injury To Pavements:
      1.   It shall be unlawful to walk upon or drive any vehicle or animal upon or injure any newly laid street or sidewalk pavement while the same is guarded by a warning sign or barricade or to knowingly injure any soft newly laid pavement. (1979 Code § 10-1-5)
      2.   It shall be unlawful to injure any sidewalk, street or alley pavement. (1979 Code § 10-1-14)
   B.   Obstructions: It shall be unlawful for any person to cause, create or maintain any obstruction of any street, alley, sidewalk or other public way, except as may be specifically authorized by ordinance or by the superintendent of streets and sewers when necessary in an emergency or in connection with any lawful construction, repair or removal work. (1979 Code § 10-1-9)
   C.   Encroachments: It shall be unlawful to erect or maintain any building or structure which encroaches upon any public street or property. (1979 Code § 10-1-13)
   D.   Obstructing Drains: It shall be unlawful to obstruct any drain in any public street or alley. (1979 Code § 10-1-17)
   E.   Obstructing Water Flow: No person shall:
      1.   In any manner obstruct or impede the natural flow of water along, across, over or through city streets, curbs, gutters, ditches and alleyways.
      2.   Park or otherwise place a motor vehicle in unpaved ditch areas.
      3.   Park or otherwise place a motor vehicle upon or within the boulevard side of a curbed street except as specifically permitted pursuant to ordinance. (Ord. 2046, 5-17-1982)
   F.   Articles On Windows: It shall be unlawful to place any movable article on any window ledge or other place abutting on a public street, alley or other place at a height above four feet (4') from the ground in such a manner that the same can be or is in danger of falling onto any such street, sidewalk, alley or other public place. (1979 Code § 24-4-25)
   G.   Stockpiling Dirt:
      1.   From and after January 1, 2015, it shall be unlawful for any person to place, deposit, maintain, keep, store or stockpile any and all dirt or piles or mounds of dirt of any height exceeding one foot (1') and which is not an integral part of landscaping (herein individually and collectively referred to as "stockpile of dirt") on any property within the city's corporate boundaries under any of the following circumstances and prohibited time periods:
         a.   When the stockpile of dirt is located in such a place and manner on any property as to cause the runoff from the stockpile of dirt onto city sidewalks, streets, adjoining property, or into city drainage and sewer systems; or
         b.   When the stockpile of dirt is located on any property with a residential zoning classification under title 10 of this code for a period of time longer than thirty (30) consecutive calendar days; unless the stockpile of dirt is to be solely used for site development or landscaping of the property where located in which case the period of time shall not exceed one hundred twenty (120) consecutive calendar days or after expiration of any applicable city building permit, whichever time is later; or
         c.   If the stockpile of dirt is located on any property with a residential zoning classification under title 10 of this code for any period of time when the stockpile of dirt, in whole or in part, is for the purposes of sale and/or transport for commercial, industrial, or agricultural uses.
      2.   For purposes hereof, the stockpile of dirt shall include all dirt initially placed, thereafter added to, or replaced from time to time.
      3.   Notwithstanding anything herein to the contrary, there shall be no "grandfathering" of any stockpile of dirt that existed prior to January 1, 2015. (Ord. 3694, 12-1-2014)
   H.   Driving, Operating, Standing Or Parking Of Motor Vehicles On Certain Sidewalks Prohibited: It shall be unlawful for any person to permit any motor vehicle to stand or for any person to drive or operate or park any motor vehicle on or across any portion of any sidewalk that has a sloped pavement or sidewalk approach thereto constructed for use by handicapped or disabled persons. Section 6-3-1 of this code shall be disregarded and shall not apply to this subsection. Any person or persons found to be in violation of any provision of this subsection shall be fined two hundred fifty dollars ($250.00) for each offense. (Ord. 3199, 10-18-2004)
8-1-8: DEPOSITS ON STREETS AND SIDEWALKS:
   A.   Deposits On Streets: It shall be unlawful to deposit on any street any material which may be harmful to the pavement thereof or any waste material or any glass or other articles which may do injury to any person, animal or property. Construction materials may be deposited in streets preparatory to delivery or use; provided, that such deposit does not reduce the usable width of the roadway at the point to less than eighteen feet (18'); provided further, that such material, other than material to be used in actual building construction, shall not be permitted to remain on such street for more than three (3) hours. Any material shall be guarded by lights if same remains upon any street after nighttime. (1979 Code § 10-1-15)
   B.   Deposits On Sidewalks: It shall be unlawful to deposit on any public sidewalk any material which may be harmful to the pavement thereof or any waste material or any glass or other articles which might cause injury to persons, animals or property. Merchandise or other articles may be deposited on sidewalks preparatory to delivery; provided, that the usable width is not thereby reduced to less than four feet (4'), and provided, that no such article shall remain on such walk for more than one-half (1/2) hour. (1979 Code § 10-1-16)
8-1-9: BUILDING OPERATIONS:
   A.   Permits Required; Regulations:
      1.   Use Of Streets 1 : The use of streets for the storage of materials in the process of construction or alteration of a building or structure may be granted where the same will not unduly interfere with traffic and will not reduce the usable width of the roadway to less than eighteen feet (18'). No portion of the street other than that directly abutting on the premises on which work is being done shall be used excepting with the consent of the owner or occupant of the premises abutting on such portion. Any person seeking to make such use of the street shall obtain permission from the mayor and a permit from the city clerk. (1979 Code § 18-5-1)
      2.   Use Of Sidewalks 2 : No sidewalk shall be obstructed in the course of building construction or alteration without permission from the mayor and a permit from the city clerk. (1979 Code § 18-5-2)
   B.   Permit Fee: The permit fee for use of streets or sidewalks shall be ten dollars ($10.00). (1979 Code § 18-5-4; amd. 1993 Code)
   C.   Bond Or Insurance: (Rep. by Ord. 3131, 7-21-2003)
   D.   Safeguards: It shall be the duty of the person doing any construction, altering or wrecking work in the city to do the same with the proper care for the safety of persons and property. Warnings and barricades with amber flashing lights shall be maintained wherever necessary for the protection of pedestrians or traffic, and temporary roofs over sidewalks shall be constructed whenever there is danger from falling articles or materials to pedestrians. (1979 Code § 18-5-6)
   E.   Night Operations: No construction or altering operations shall be carried on in the nighttime if the same are accompanied by loud noises. (1979 Code § 18-5-5)
8-1-10: PENALTY:
Any person violating any provision of this chapter shall, for each offense, be punished as provided in section 1-4-1 of this code. (1993 Code)
ARTICLE A.  EXCAVATIONS
SECTION:
8-1A-1: Permit Requirements
8-1A-2: Manner Of Excavating
8-1A-3: Barricades And Lights
8-1A-4: Inspections
8-1A-5: Exemptions From Provisions
8-1A-6: Penalty
8-1A-1: PERMIT REQUIREMENTS:
   A.   Permit And Compliance Required: It shall be unlawful for any person to tunnel under or to make any excavation in any street, alley or other public place in the city without having obtained a permit therefor as is herein required or without complying with the provisions of this article or in violation of or variance from the terms of any such permit. (1979 Code § 10-4-1)
   B.   Application For Permit; Issuance: Applications for such permits shall be made to the city clerk and shall describe the location of the intended excavation or tunnel, the size thereof, the purpose therefor and the person doing the actual excavating work and the name of the person for whom or which the work is being done and shall contain an agreement that the applicant will comply with all ordinances relating to the work to be done. (1979 Code § 10-4-2)
No such permit shall be issued until application is approved by the city engineer or the superintendent of streets and sewers. (1979 Code § 10-4-3)
   C.   Fees: All persons seeking to make excavations in city streets, boulevards, or upon other public property shall first be charged a fee of two hundred fifty dollars ($250.00) for any excavation. (Ord. 3502, 1-18-2011)
8-1A-2: MANNER OF EXCAVATING:
   A.   Generally:
      1.   It shall be unlawful to make any such excavation or tunnel in any way contrary to or at variance with the terms of the permit therefor. Proper bracing shall be maintained to prevent the collapse of adjoining ground, and in excavations, the excavation shall not have anywhere below the surface any portion which extends beyond the opening at the surface.
      2.   No injury shall be done to any pipes, cables or conduits, and no excavation shall be started where such facilities exist without notice to the company maintaining them or the proper city department.
      3.   No unnecessary damage or injury shall be done to any tree or shrub, or the roots thereof. (1979 Code § 10-4-8)
   B.   Sidewalks: If any sidewalk is blocked by any such work, a temporary sidewalk shall be constructed or provided which shall be safe for travel and convenient for users. (1979 Code § 10-4-9)
   C.   Time Limit: Each application for a permit shall state the length of time it is estimated will elapse from the commencement of the work until the restoration of the surface of the ground or until the backfill is made ready for the pavement to be put on by the city if the city restores such surface pavement. It shall be unlawful to fail to comply with this time limitation unless permission for an extension of time is granted by the city council. (1979 Code § 10-4-10)
   D.   Restoring Surface: The city shall restore the surface thereof to its original condition. (1979 Code § 10-4-11; amd. 1993 Code)
8-1A-3: BARRICADES AND LIGHTS 1 :
Any person making or maintaining any excavation in any street or alley shall keep the same adequately guarded by barricades and lights as required in the current highway standards of Illinois department of transportation, division of highways. (1979 Code § 10-4-7)
8-1A-4: INSPECTIONS:
The superintendent of streets and sewers shall, from time to time, inspect all excavations and tunnels being made in or under any public street, alley or other public place in the city to see to the enforcement of the provisions of this article. Notice shall be given to him at least ten (10) hours before the work of refilling any such excavation or tunnel commences. (1979 Code § 10-4-12)
8-1A-5: EXEMPTIONS FROM PROVISIONS:
The provisions of this article relating to securing permits shall not apply to officers or employees of the city engaged in doing work for the city nor to persons which are operating under a franchise or grant from the city if such franchise provides for the making of excavations and tunnels without securing a permit therefor. (1979 Code § 10-4-13)
8-1A-6: PENALTY:
Any person violating any provision of this article shall, for each offense, be punished as provided in section 1-4-1 of this code. (1993 Code)
ARTICLE B.  DRIVEWAYS
SECTION:
8-1B-1: Permit Requirements
8-1B-2: Surface Grade
8-1B-3: Construction Materials
8-1B-4: Repair
8-1B-5: Penalty
8-1B-1: PERMIT REQUIREMENTS:
No person shall construct a driveway for vehicles across any curb and/or sidewalk in the city without having first obtained a permit therefor. Applications for such permits shall be made to the city clerk and shall be approved by the superintendent of streets and sewers.
The fee for all such construction permits shall be twenty five dollars ($25.00), and no excavation permit shall be required. (Ord. 3373, 2-19-2008)
8-1B-2: SURFACE GRADE:
No driveway shall be so constructed or graded as to leave a steep, sharp depression or other obstruction in the sidewalk. The grade shall be as nearly as possible the same as that of the adjoining sidewalk. It shall be unlawful to have the surface finish of any driveway where the same crosses the sidewalk constructed of such materials as to render it slippery and hazardous to pedestrians or to have the grade of such portion vary from the grade of the sidewalk or be other than level. (1979 Code Ch. 10, Art. III, § 3)
8-1B-3: CONSTRUCTION MATERIALS:
Any approach from curb and guttering to property line, with or without sidewalk(s), shall be constructed of concrete or of such other materials as may be approved by the superintendent of streets and sewers. (Ord. 2888, 12-21-1998)
8-1B-4: REPAIR:
It shall be the duty of the person maintaining a driveway to keep the same in good repair where it crosses the sidewalk and free from obstruction and openings. (1979 Code Ch. 10, Art. III, § 5)
8-1B-5: PENALTY:
Any person violating any provision of this article shall, for each offense, be punished as provided in section 1-4-1 of this code. (1993 Code)
ARTICLE C.  ENCROACHMENT ON PUBLIC RIGHTS OF WAY
SECTION:
8-1C-1: Definitions
8-1C-2: Project Right-Of-Way Lines Established
8-1C-3: Violation; Fine
8-1C-1: DEFINITIONS:
   CONSTRUCTION EASEMENT AREA: The area lying between the project right-of-way limits and the platted street limits within which the City, by concurrence in the establishment of the project right-of-way lines, will permit the State to enter to perform all necessary construction operations.
   ENCROACHMENT: Any building, fence, sign (excluding certain signs located over sidewalks), or any other structure or object of any kind (with the exception of utilities and public road signs), which is placed, located or maintained in, on, under or over any portion of the project right of way or the roadway right of way where no project right-of-way line has been established.
   PERMISSIBLE ENCROACHMENT: Any existing awning, marquee or sign advertising activity on the property, or similar overhanging structure supported from a building immediately adjacent to the limits of the platted street where there is a sidewalk extending to the building line and which does not impair the free and safe flow of pedestrian traffic or traffic on the highway. The permissive retention of overhanging signs is not to be construed as being applicable to those signs supported from poles constructed outside the project right-of-way line and not confined by adjacent buildings.
   PROJECT RIGHT OF WAY: Those areas within the project right-of- way lines established jointly by the City and State which will be free of encroachments except as hereinafter defined.
   ROADWAY RIGHT OF WAY: Those areas existing or acquired by dedication or by fee simple for highway purposes; also, the areas acquired by temporary easement during the time the easement is in effect. (Ord. 2898, 1-19-1999)
8-1C-2: PROJECT RIGHT-OF-WAY LINES ESTABLISHED:
   A.   It shall be unlawful for any person, firm or corporation to erect or cause to be erected, to retain or cause to be retained, any "encroachment" (hereinabove defined), except as provided in subsection C of this Section, within the limits of the project right of way or roadway right of way where no project right-of-way lines have been established.
   B.   Project right-of-way lines have been established at no locations.
   C.   No revocable permits have been issued by the City for the temporary retention of permissible encroachments (hereinabove defined). (Ord. 2898, 1-19-1999)
8-1C-3: VIOLATION; FINE:
Any person, firm or corporation violating this Article shall be fined not less than seventy five dollars ($75.00) nor more than seven hundred fifty dollars ($750.00) for each offense, and a separate offense shall be deemed committed for each and every day during which a violation continues or exists. (Ord. 2898, 1-19-1999)
ARTICLE D.  PERMIT AND INSURANCE REQUIREMENTS AND LIABILITY
SECTION:
8-1D-1: Definitions
8-1D-2: Insurance And Permit Required
8-1D-3: Liability
8-1D-4: Damage To City Property
8-1D-5: Penalty
8-1D-1: DEFINITIONS:
   CITY PROPERTY: As used herein shall mean and include any and all city streets, alleyways, roadways, easements, rights of way, public ways, boulevards, sidewalks, walkways, pavements, curbs and gutters; and the term "city property" shall also mean and include any and all meters, lift stations, water and/or sanitary and/or storm pipes, mains, lines, and any and all equipment, apparatus, fire hydrants, or other property associated with such city property on, above, or under any such city property.
   PERSON: As used herein shall mean and include any and all natural person or persons, corporation(s), firm(s), partnership(s), association(s), organization(s), joint venture(s), or any other group(s) acting or doing business as a unit, and the employees and/or agents and/or subcontractors of any of the foregoing, jointly and severally. The term "person" shall not include the city of Taylorville, Illinois, a municipal corporation, or its officers, officials, or employees while acting in the course of their office or employment.
   WORK ON CITY PROPERTY: As used herein shall mean and include the performance of any and all work on city property relating, directly or indirectly, to the construction, alteration, improvement, maintenance, reconstruction, relocation, servicing, maintenance, repair, tunneling under, boring under, or excavation of city property for the city or incident to any work performed or to be performed for any person. (Ord. 3131, 7-21-2003)
8-1D-2: INSURANCE AND PERMIT REQUIRED:
   A.   Any person who performs or desires to perform any work on city property shall maintain, at all times during such work, and at such person's sole expense, workers' compensation insurance coverage in the maximum statutory amount under Illinois laws, general liability insurance coverage in an amount not less than one million dollars ($1,000,000.00) per occurrence, one million dollars ($1,000,000.00) per aggregate, and motor vehicle liability insurance coverage in an amount not less than one million dollars ($1,000,000.00) per accident, including death and property damages, and including, but not limited to, property damages to city property or property of others. An umbrella policy can be used to obtain these limits. Such general liability insurance coverage and such motor vehicle insurance coverage shall each be an "occurrence" type policy and not a "claims made" type policy and shall each name as an additional named insured the "city of Taylorville, Illinois, a municipal corporation, and its elected and/or appointed mayor, city council, officials, officers, employees, and agents". (Ord. 3293, 5-15-2006)
   B.   It shall be unlawful for any person to perform any work on city property without such person having first secured the aforesaid required minimum insurance coverage and delivered to the city clerk a certificate of insurance evidencing the aforesaid minimum required insurance coverages and said additional named insureds and also containing the following statement:
The insurance covered by this certificate shall not be canceled or altered, except after at least ten (10) days written notice has been received by the City Clerk.
   C.   It shall be unlawful for any person to perform any work on city property without such person having first secured a permit from the city clerk to perform work on city property. Such permit shall not be issued until such person delivers to the city clerk a signed application for such permit accompanied by the aforesaid required certificate of insurance. Such application shall be in the form as the city clerk may designate from time to time. (Ord. 3131, 7-21-2003)
8-1D-3: LIABILITY:
   A.   Each person who performs any work on city property shall hold harmless, indemnify, protect, and defend the city of Taylorville, Illinois, a municipal corporation, and its elected and/or appointed mayor, city council, officials, officers, employees, and agents from and against any and all loss, damages, costs and expenses (including, but not limited to, the city's attorney fees and costs), liability, claims, demands, suits and/or causes of action of any kind, nature or extent whatsoever on account of any and all personal injuries or death or property damages of any kind, nature, or extent whatsoever occurring, arising, incident to, resulting from, or related directly or indirectly or consequentially, from such person's work on city property. (Ord. 3131, 7-21-2003)
8-1D-4: DAMAGE TO CITY PROPERTY:
   A.   Regardless if performing work on city property or not, any person who damages any city property, in whole or in part, shall be liable to the city for any and all damages of any kind, nature, or extent whatsoever to city property. Such person shall pay the city the full amount of such damages, as determined by the city, within ten (10) calendar days immediately following receipt of a city bill for such damages.
   B.   It is unlawful for any person to intentionally damage any city property, in whole or in part. For purposes hereof, a person acts intentionally when such person's conscious objective or purpose is to damage city property, in whole or in part. (Ord. 3131, 7-21-2003)
8-1D-5: PENALTY:
   A.   Any person violating any of the terms and provisions of this chapter shall be punished in accordance with and as provided in section 1-4-1 of this code. (Ord. 3131, 7-21-2003)
ARTICLE E.  IMPROVEMENT OR ENCLOSURE OF ROADSIDE DITCHES OR DRAINAGE DITCHES ADJACENT TO PRIVATE PROPERTY
SECTION:
8-1E-1: Definitions
8-1E-2: Prohibition And Permit Requirements
8-1E-3: Penalty
8-1E-1: DEFINITIONS:
   ROADSIDE DITCH OR DRAINAGE DITCH: For purposes of this article, the terms "roadside ditch" or "drainage ditch" shall mean any existing or hereafter constructed or created ditch, of any kind, nature, or extent whatsoever, that is adjacent to any roadway or any existing or hereafter constructed or created drainage ditch providing for surface water drainage or runoff or diversion that is situated within all or any part of that area of property situated within that portion of the city's property or right of way or easement area between the property boundary line (determined exclusive of any city right of way or easement area) of adjacent private property and the nearest portion of the pavement or road surface area of any roadway.
   ROADWAY: For purposes of this article, the term "roadway" shall mean any city owned street, highway, or roadway, or any street, highway, or roadway under the city's jurisdiction. (Ord. 3135, 8-18-2003)
8-1E-2: PROHIBITION AND PERMIT REQUIREMENTS:
   A.   It shall be unlawful for any person to alter or change the depth of or change the course or location of or improve or grade or excavate or level or fill in or enclose any roadside ditch or drainage ditch, in whole or in part or in any way or manner whatsoever, without first having obtained a written permit as herein required from the city. This subsection shall not apply to any work on or within a roadway ditch or drainage ditch that is performed by the city or any employee or agent or contractor of the city who is engaged in doing such work for the city; nor to any such work being performed by public utilities or entitles operating pursuant to a franchise agreement with the city.
   B.   Any property owner(s) within the city who desires the city to improve or enclose, in whole or in part, any roadside ditch or drainage ditch adjacent to such owner's private property shall first submit an application for a permit for such project work. Applications for such permits shall be made to the superintendent of streets and sewers, shall be signed by all the owners of the private property adjacent to any such roadside ditch or drainage ditch, and the application shall show and describe in detail the nature and extent of the requested project work. Such permit applications shall be in such form as the superintendent of streets and sewers may determine from time to time. (Ord. 3135, 8-18-2003)
   C.   If the superintendent of streets and sewers recommends approval, he shall prepare and submit to the applicant(s), a cost estimate for all materials that may be required to perform such project work.
If such superintendent instead recommends approval of project work different than that requested by applicant(s), then such superintendent shall prepare and submit to the applicant(s), a cost estimate for all materials that may be required to perform such alternate project work and identify the nature and extent of such alternate recommended work.
If the superintendent of streets and sewers determines, in his sole discretion, that enclosure of any roadside ditch or drainage ditch, in whole or in part, would adversely affect surface water drainage or runoff or diversion, then adequate underground drainage piping or culverts and/or such other measures shall be required, according to such plans, specifications, and requirements as the superintendent of streets and sewers shall determine, in his sole discretion, to provide for the effective surface water drainage or runoff or diversion at least effective to that which existed prior to any such work on such roadside ditch or drainage ditch; and if so required, the material costs for such additional work shall be included in the aforesaid material cost estimate.
   D.   Any such permit applications can be denied by the superintendent of streets and sewers in his sole discretion and for any reason or for no reason whatsoever. If the superintendent of streets and sewers determines to approve any such permit, he shall notify the permit applicant(s) as to the amount of the aforesaid material cost estimate and the nature and extent of the project work as approved by the city. If such permit applicant(s) desires to proceed with such project, such applicant(s) shall deposit with the superintendent of streets and sewers, an amount equal to the aforesaid material cost estimate. Upon receipt thereof, the permit shall be issued; and the city shall thereafter provide all materials, labor, and equipment and shall perform such project work at a time or times convenient to the superintendent of streets and sewers and in a manner as such superintendent shall determine satisfactory, in his sole discretion.
   E.   If the aforesaid material cost estimate deposit is determined by the city to be less than the actual cost of materials used to complete such project, then the permittee(s) shall be jointly and severally liable to and shall pay the city, within seven (7) days of receipt of a bill therefor, an amount equal to the difference between the aforesaid material cost estimate deposit and the aforesaid actual material cost. It shall be unlawful for any permittee(s) to fail to timely pay the aforesaid bill. If the aforesaid actual material cost is determined by the city to be less than the aforesaid actual material cost, then the superintendent of streets and sewers shall refund the difference to the permittee(s). (Ord. 3181, 7-6-2004)
8-1E-3: PENALTY:
   A.   Any person violating any of the terms and provisions of this article shall be punished in accordance with and as provided in section 1-4-1 of this code. (Ord. 3135, 8-18-2003)
ARTICLE F.  SPECIAL EVENTS
SECTION:
8-1F-1: Definitions
8-1F-2: Permit Required And Insurance Requirements
8-1F-3: Violations, Release, Hold Harmless And Indemnity, And Liability
8-1F-4: Penalty
8-1F-1: DEFINITIONS:
   CITY PROPERTY: Shall mean and include, in whole or in part, any and all city streets, alleyways, roadways, easements, rights of way, public ways, boulevards, sidewalks, walkways, pavements, curbs and gutters, lakes, waterways, and real estate and improvements thereon of any kind, nature or extent whatsoever acquired, owned, or leased by the city, in whole or in part.
   PERSON: Shall mean and include any and all individual persons or group of persons, or public or private or for profit or not for profit or charitable firms, companies, partnerships, corporations, limited liability companies, associations, organizations, entities, joint ventures, or fraternal, religious, veterans, social, service, or civic clubs, organizations, or associations, all of any kind, nature or extent whatsoever or any and all other groups of any of the foregoing acting or functioning or participating as a unit, and the owners, employees, agents, representatives, volunteers, and members of any and all of the foregoing, jointly and severally and collectively.
The term "person" shall not include the city or its officers, officials, or employees while acting in the course of their office or employment.
   SPECIAL EVENT: Shall mean and include a for profit or not for profit or charitable event or activity of any kind, nature or extent whatsoever that takes place on city property, in whole or in part, and which is open or available to the general public or to members of the sponsoring entity by free or paid admission or invitation or participation. A special event shall also include any and all waterfowl, fishing contests or events, deer hunting, youth or children activities, or block parties conducted or participated on city property by any and all persons.
The special event includes all times on city property in preparation for and during the special event and the dismantling of any equipment or property associated with the special event after the cessation of the event or activity.
   SPONSORING ENTITY: Shall mean and include any and all persons who sponsors or organizes or hosts or arranges or conducts or who is in charge of or is involved with a special event. (Ord. 3656, 1-21-2014)
8-1F-2: PERMIT REQUIRED AND INSURANCE REQUIREMENTS:
   A.   Any sponsoring entity who desires a special event to take place on city property shall first submit a written application signed by a duly authorized representative of the sponsoring entity for a city permit for such special event. The application and city permit shall be in such form as the city clerk may select or prepare from time to time.
   B.   The city council shall consider and decide whether to approve each such city permit for a special event from time to time, which decision shall be at the sole discretion of the city council from time to time.
   C.   Unless excused by the city council in its sole discretion from time to time after the city council considers the kind, nature, and extent of the special event for which a sponsoring entity is requesting a city permit and any associated perceived risks of liability to the city if the special event is allowed to be conducted on city property, the sponsoring entity at its sole expense, and as a condition of the issuance of a city permit for a special event, shall furnish to the city a certificate of insurance evidencing "occurrence" type insurance coverage and not "claims made" type insurance coverage in at least the following designated amounts (unless a lower amount is agreed by the city council from time to time) and which shows such insurance coverage at the sponsoring entity's sole expense is and will and shall be maintained in force for the duration of the special event:
      1.   Workers' compensation insurance coverage in the minimum statutory limits under Illinois law, if applicable; and
      2.   General liability insurance coverage in an amount not less than one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000.00) aggregate; and
      3.   Motor vehicle liability insurance coverage in an amount not less than one million dollars ($1,000,000.00) combined single limit; and
      4.   Such insurance shall include, but shall not be limited to, coverage for personal injuries, including death, and property damages, including, but not limited to, property damages to city property or property of others.
   D.   After considering the kind, nature, and extent of the special event for which a sponsoring entity is requesting a city permit and any associated perceived risks of liability to the city if the special event is allowed to be conducted on city property, the city council in its sole discretion from time to time may further require as another condition to the issuance of a city permit for a special event one or more or all of the following requirements:
      1.   That all said required insurance and the certificate of insurance name as additional insured the "city of Taylorville, Illinois, a municipal corporation, and its elected and/or appointed mayor, city council, officials, officers, employees, and agents"; and/or
      2.   The certificate of insurance shall provide that the insurer must give the city notice of cancellation and termination according to the policy provisions. (Omitted: The certificate of insurance shall also contain the following statement: "The insurance covered by this certificate shall not be canceled or altered, except after at least ten (10) days written notice has been received by the city clerk.")
      3.   That the sponsoring entity, at its sole expense, shall obtain and maintain a special event policy which will provide the aforesaid insurance coverage and that will also include coverage for all participants in the special event.
      4.   That prior to the commencement of the special event on city property the sponsoring entity shall secure signed releases of liability from all persons who will participate in the special event. (Ord. 3656, 1-21-2014)
8-1F-3: VIOLATIONS, RELEASE, HOLD HARMLESS AND INDEMNITY, AND LIABILITY:
   A.   It shall be unlawful for a sponsoring entity to sponsor or organize or host or arrange or conduct or be in charge of or involved with a special event on city property without a city permit for such special event as required in this article.
   B.   If the aforesaid insurance coverage and certificate of insurance are required as conditions of a city permit for a special event, then it shall be unlawful for a sponsoring entity to sponsor or organize or host or arrange or conduct or be in charge of or involved with a special event on city property without first having secured and delivered to the city clerk the requisite certificates of insurance evidencing the insurance coverage and amounts and additional named insured insurance provisions as may be required by the city council under this article.
   C.   Each sponsoring entity that is issued a city permit for a special event shall be deemed to have consented to and to have released and shall hold harmless, indemnify, protect, and defend the city and its elected and/or appointed mayor, city council, officials, officers, employees, and agents from and against any and all loss, damages, costs and expenses (including, but not limited to, the city's attorney fees and costs), liability, claims, demands, suits and causes of action of any kind, nature or extent whatsoever on account of any and all personal injuries or death or property damages of any kind, nature, or extent whatsoever occurring, arising, incident to, resulting from, or related directly or indirectly or consequentially, from such special event.
   D.   Each sponsoring entity of a special event who damages any city property, in whole or in part, shall be liable to the city for any and all damages of any kind, nature, or extent whatsoever to city property. Such person shall pay the city the full amount of such damages, as determined by the city, within ten (10) calendar days immediately following receipt of a city bill for such damages.
   E.   It is unlawful for any sponsoring entity of a special event to intentionally damage any city property, in whole or in part. For purpose hereof, a person acts intentionally when such person's conscious objective or purpose is to damage city property, in whole or in part. (Ord. 3656, 1-21-2014)
8-1F-4: PENALTY:
   A.   Any sponsoring entity or person violating any of the terms and provisions of this chapter shall be punished in accordance with and as provided in section 1-4-1 of this code. (Ord. 3656, 1-21-2014)
ARTICLE G.  CONSTRUCTION OF UTILITY FACILITIES
IN THE RIGHTS OF WAY
SECTION:
8-1G-1: Purpose And Scope
8-1G-2: Definitions
8-1G-3: Annual Registration Required
8-1G-4: Permit Required; Applications And Fees
8-1G-5: Action On Permit Applications
8-1G-6: Effect Of Permit
8-1G-7: Revised Permit Drawings
8-1G-8: Insurance
8-1G-9: Indemnification
8-1G-10: Security
8-1G-11: Permit Suspension And Revocation
8-1G-12: Change Of Ownership Or Owner's Identity Or Legal Status
8-1G-13: General Construction Standards
8-1G-14: Traffic Control
8-1G-15: Location Of Facilities
8-1G-16: Construction Methods And Materials
8-1G-17: Vegetation Control
8-1G-18: Removal, Relocation, Or Modifications Of Utility Facilities
8-1G-19: Cleanup And Restoration
8-1G-20: Maintenance And Emergency Maintenance
8-1G-21: Variances
8-1G-22: Penalties
8-1G-23: Enforcement
8-1G-24: Severability
8-1G-1: PURPOSE AND SCOPE:
   A.   Purpose: The purpose of this article is to establish policies and procedures for constructing facilities on rights of way within the city's jurisdiction, which will provide public benefit consistent with the preservation of the integrity, safe usage, and visual qualities of the city rights of way and the city as a whole.
   B.   Intent: In enacting this article, the city intends to exercise its authority over the rights of way in the city and, in particular, the use of the public ways and property by utilities, by establishing uniform standards to address issues presented by utility facilities, including, without limitation:
      1.   Prevent interference with the use of streets, sidewalks, alleys, parkways and other public ways and places;
      2.   Prevent the creation of visual and physical obstructions and other conditions that are hazardous to vehicular and pedestrian traffic;
      3.   Prevent interference with the facilities and operations of the city's utilities and of other utilities lawfully located in rights of way or public property;
      4.   Protect against environmental damage, including damage to trees, from the installation of utility facilities;
      5.   Protect against increased stormwater runoff due to structures and materials that increase impermeable surfaces;
      6.   Preserve the character of the neighborhoods in which facilities are installed;
      7.   Preserve open space, particularly the tree lined parkways that characterize the city's residential neighborhoods;
      8.   Prevent visual blight from the proliferation of facilities in the rights of way; and
      9.   Assure the continued safe use and enjoyment of private properties adjacent to utility facilities locations.
   C.   Facilities Subject To This Article: This article applies to all facilities now existing or heretofore or hereafter located on, over, above, along, upon, under, across, or within the rights of way within the jurisdiction of the city. A facility lawfully established prior to the effective date of this article 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.
   D.   Franchises, Licenses, Or Similar Agreements: The city, in its discretion and as limited by law, may require utilities to enter into a franchise, license or similar agreement and/or obtain a permit for the privilege of locating their facilities on, over, above, along, upon, under, across, or within the city rights of way. Utilities that are not required by law to enter into such an agreement may request that the city enter into such an agreement. In such an agreement, the city may provide for terms and conditions inconsistent with this article.
   E.   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 city, 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 article and the provisions of any franchise, license or similar agreement between the city 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.
   F.   Conflicts With Other Articles Or Chapters: This article supersedes all articles or chapters or parts of articles or chapters adopted prior hereto that are in conflict herewith, but only to the extent of such conflict.
   G.   Conflicts With State And Federal Laws: In the event that applicable federal or Illinois laws, statutes, rules or regulations conflict with the requirements of this article, the utility shall comply with the requirements of this article to the maximum extent possible without violating applicable federal or Illinois laws, statutes, rules or regulations.
   H.   Variances: When administering this article, the city may vary the standards, conditions, and requirements expressed in this article when the city in the exercise of sound engineering judgment, so determines; provided, however, nothing herein shall be construed to limit the ability of the city to regulate its rights of way for the protection of the public health, safety and welfare as the city determines in its sole discretion. (Ord. 3706, 4-6-2015)
8-1G-2: DEFINITIONS:
As used in this article and unless the context clearly requires otherwise, the words and terms listed shall have the meanings ascribed to them in this section. Any term not defined in this section shall have the meaning ascribed to it in 92 Illinois administrative code section 530.30, unless the context clearly requires otherwise.
   AASHTO: American Association Of State Highway And Transportation Officials.
   ANSI: American National Standards Institute.
   ASTM: American Society For Testing And Materials.
   APPLICANT: A person applying for a permit under this article.
   BACKFILL: The methods or materials for replacing excavated material in a trench or pit.
   BORE OR BORING: To excavate an underground cylindrical cavity for the insertion of a pipe or electrical conductor.
   CABLE OPERATOR: That term as defined in 47 USC 522(5).
   CABLE SERVICE: That term as defined in 47 USC 522(6).
   CABLE SYSTEM: That term as defined in 47 USC 522(7).
   CARRIER PIPE: The pipe enclosing the liquid, gas or slurry to be transported.
   CASING: A structural protective enclosure for transmittal devices such as carrier pipes, electrical conductors, and fiber optic devices.
   CITY: The city of Taylorville, a municipal corporation.
   CITY CLERK: The acting elected city clerk for the city or his or her designee.
   CLEAR ZONE: The total roadside border area, starting at the edge of the pavement, available for safe use by errant vehicles. This area may consist of a shoulder, a recoverable slope, a nonrecoverable slope, and a clear run out area. The desired width is dependent upon the traffic volumes and speeds, and on the roadside geometry. Distances are specified in the AASHTO "Roadside Design Guide".
   COATING: Protective wrapping or mastic cover applied to buried pipe for protection against external corrosion.
   CODE: The Taylorville city code.
   CONDUCTOR: Wire carrying electrical current.
   CONDUIT: A casing or encasement for wires or cables.
   CONSTRUCTION OR CONSTRUCT: The installation, repair, maintenance, placement, alteration, enlargement, demolition, modification or abandonment in place of facilities.
   COVER: The depth of earth or backfill over buried utility pipe or conductor.
   CROSSING FACILITY: A facility that crosses one or more right of way lines of a right of way.
   DISRUPT THE RIGHT OF WAY: For the purposes of this article, any work that obstructs the right of way or causes a material adverse effect on the use of the right of way for its intended use. Such work may include, without limitation, the following: excavating or other cutting; placement (whether temporary or permanent) of materials, equipment, devices, or structures; damage to vegetation; and compaction or loosening of the soil, and shall not include the parking of vehicles or equipment in a manner that does not materially obstruct the flow of traffic on a highway.
   EMERGENCY: Any immediate maintenance to the facility required for the safety of the public using or in the vicinity of the right of way or immediate maintenance required for the health and safety of the general public served by the utility.
   ENCASEMENT: Provision of a protective casing.
   ENGINEER: The city engineer or his or her designee.
   EQUIPMENT: Materials, tools, implements, supplies, and/or other items used to facilitate construction of facilities.
   EXCAVATION: The making of a hole or cavity by removing material, or laying bare by digging.
   EXTRA HEAVY PIPE: Pipe meeting ASTM standards for this pipe designation.
   FACILITY: All structures, devices, objects, and materials (including, but not limited to, track and rails, wires, ducts, fiber optic cable, antennas, vaults, boxes, equipment enclosures, cabinets, pedestals, poles, conduits, grates, covers, pipes, cables, and appurtenances thereto) located on, over, above, along, upon, under, across, or within rights of way under this article. For purposes of this article, the term "facility" shall not include any facility owned or operated by the city.
   FREESTANDING FACILITY: A facility that is not a crossing facility or a parallel facility, such as an antenna, transformer, pump, or meter station.
   FRONTAGE ROAD: Roadway, usually parallel, providing access to land adjacent to the highway where it is precluded by control of access to a highway.
   HAZARDOUS MATERIALS: Any substance or material which, due to its quantity, form, concentration, location, or other characteristics, is determined by the city engineer to pose an unreasonable and imminent risk to the life, health or safety of persons or property or to the ecological balance of the environment, including, but not limited to, explosives, radioactive materials, petroleum or petroleum products or gases, poisons, etiology (biological) agents, flammables, corrosives or any substance determined to be hazardous or toxic under any federal or state law, statute or regulation.
   HIGHWAY: A specific type of right of way used for vehicular traffic including rural or urban roads or streets. "Highway" includes all highway land and improvements, including roadways, ditches and embankments, bridges, drainage structures, signs, guardrails, protective structures and appurtenances necessary or convenient for vehicle traffic.
   HIGHWAY CODE: The Illinois highway code, 605 Illinois Compiled Statutes 5/1-101 et seq., as amended from time to time.
   HOLDER: A person or entity that has received authorization to offer or provide cable or video service from the ICC pursuant to the Illinois cable and video competition law, 220 Illinois Compiled Statutes 5/21-401.
   ICC: Illinois commerce commission.
   IDOT: Illinois department of transportation.
   JULIE: The joint utility locating information for excavators utility notification program.
   JACKING: Pushing a pipe horizontally under a roadway by mechanical means with or without boring.
   JETTING: Pushing a pipe through the earth using water under pressure to create a cavity ahead of the pipe.
   JOINT USE: The use of pole lines, trenches or other facilities by two (2) or more utilities.
   MAJOR INTERSECTION: The intersection of two (2) or more major arterial highways.
   OCCUPANCY: The presence of facilities on, over or under right of way.
   PARALLEL FACILITY: A facility that is generally parallel or longitudinal to the centerline of rights of way.
   PARKWAY: Any portion of the right of way not improved by street or sidewalk.
   PAVEMENT CUT: The removal of an area of pavement for access to facility or for the construction of a facility.
   PERMITTEE: That entity to which a permit has been issued pursuant to sections 8-1G-4 and 8-1G-5 of this article.
   PETROLEUM PRODUCTS PIPELINES: Pipelines carrying crude or refined liquid petroleum products including, but not limited to, gasoline, distillates, propane, butane, or coal slurry.
   PRACTICABLE: That which is performable, feasible or possible, rather than that which is simply convenient.
   PRESSURE: The internal force acting radially against the walls of a carrier pipe expressed in pounds per square inch gauge (psig).
   PROMPT: That which is done within a period of time specified by the city. If no time period is specified, the period shall be thirty (30) days.
   PUBLIC ENTITY: A legal entity that constitutes or is part of the government, whether at local, state or federal level.
   RESTORATION: The repair of a right of way, highway, roadway, or other area disrupted by the construction of a facility.
   RIGHT OF WAY OR RIGHTS OF WAY: Any street, roadway, alley, easements, other land or waterway, dedicated or commonly used for pedestrian or vehicular traffic or for utilities or other similar purposes, including, but not limited to, utility easements, in which the city has the right and authority to authorize, regulate or permit the location of facilities other than those of the city. "Right of way" or "rights of way" shall not include any real or personal city property that is not specifically described in the previous sentence and shall not include city buildings, fixtures and other structures or improvements, regardless of whether they are situated in the right of way.
   ROADWAY: That part of the highway or street that includes the pavement and shoulders.
   SALE OF TELECOMMUNICATIONS AT RETAIL: The transmitting, supplying, or furnishing of telecommunications and all services rendered in connection therewith for a consideration, other than between a parent corporation and its wholly owned subsidiaries or between wholly owned subsidiaries, when the gross charge made by one such corporation to another such corporation is not greater than the gross charge paid to the retailer for their use or consumption and not for sale.
   SECURITY FUND: That amount of security required pursuant to section 8-1G-10 of this article.
   SHOULDER: A width of roadway, adjacent to the pavement, providing lateral support to the pavement edge and providing an area for emergency vehicular stops and storage of snow removed from the pavement.
   SOUND ENGINEERING JUDGMENT: A decision(s) consistent with generally accepted engineering principles, practices and experience.
   SUPERINTENDENT OF STREETS AND SEWERS: The city's appointed superintendent of streets and sewers or his or her designee.
   TELECOMMUNICATIONS: This term includes, but is not limited to, messages or information transmitted through use of local, toll and wide area telephone service, channel services, telegraph services, teletypewriter service, computer exchange service, private line services, mobile radio services, cellular mobile telecommunications services, stationary two-way radio, paging service and any other form of mobile or portable one-way or two- way communications, and any other transmission of messages or information by electronic or similar means, between or among points by wire, cable, fiber optics, laser, microwave, radio, satellite, or similar facilities. "Private line" means a dedicated nontraffic sensitive service for a single customer that entitles the customer to exclusive or priority use of a communications channel, or a group of such channels, from one or more specified locations to one or more other specified locations. "Telecommunications" shall not include value added services in which computer processing applications are used to act on the form, content, code and protocol of the information for purposes other than transmission. "Telecommunications" shall not include purchase of telecommunications by a telecommunications service provider for use as a component part of the service provided by such provider to the ultimate retail consumer who originates or terminates the end to end communications. "Telecommunications" shall not include the provision of cable services through a cable system as defined in the cable communications act of 1984 (47 USC section 521 and following), as now or hereafter amended, or cable or other programming services subject to an open video system fee payable to the city through an open video system as defined in the rules of the federal communications commission (47 CFR section 76.1500 and following), as now or hereafter amended.
   TELECOMMUNICATIONS PROVIDER: Any person that installs, owns, operates or controls facilities in the right of way used or designed to be used to transmit telecommunications in any form.
   TELECOMMUNICATIONS RETAILER: Means and includes every person engaged in making sales of "telecommunications" at retail as defined herein.
   TRENCH: A relatively narrow open excavation for the installation of an underground facility.
   UTILITY: The individual or entity owning or operating any facility as defined in this article.
   VENT: A pipe to allow the dissipation into the atmosphere of gases or vapors from an underground casing.
   VIDEO SERVICE: That term as defined in section 21-201(v) of the Illinois cable and video competition law of 2007, 220 Illinois Compiled Statutes 21-201(v).
   WATER LINES: Pipelines carrying raw or potable water.
   WET BORING: Boring using water under pressure at the cutting auger to soften the earth and to provide a sluice for the excavated material. (Ord. 3706, 4-6-2015)
8-1G-3: ANNUAL REGISTRATION REQUIRED:
Every utility that occupies right of way within the city shall register on January 1 of each year with the city 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 twenty four (24) hour telephone number for each such person, and evidence of insurance as required in section 8-1G-8 of this article, in the form of a certificate of insurance. (Ord. 3706, 4-6-2015)
8-1G-4: PERMIT REQUIRED; APPLICATIONS AND FEES:
   A.   Permit Required: No person shall construct (as defined in this article) any facility on, over, above, along, upon, under, across, or within any city right of way which: 1) changes the location of the facility, 2) adds a new facility, 3) disrupts the right of way (as defined in this article), or 4) 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 city clerk and obtaining a permit from the city therefor, except as otherwise provided in this article. 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 article shall be filed on a form provided by the city from time to time and shall be filed in such number of duplicate copies as the city clerk may designate from time to time. 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, subject however to the applicability of the Illinois freedom of information act 9 as now enacted or hereafter amended.
   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 and 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 city:
         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 city and shall promote protection of the safety and convenience of the public. Compliance with ICC regulations for emergency contingency plans constitutes compliance with this section unless the city 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 section 8-1G-8 of this article;
      8.   Evidence of posting of the security fund as required in section 8-1G-10 of this article;
      9.   Any request for a variance from one or more provisions of this article (see section 8-1G-21 of this article); and
      10.   Such additional information as may be reasonably required by the city.
   D.   Supplemental Application Requirements For Specific Types Of Utilities: In addition to the requirements of subsection C of this section, 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 the installation of a new electric power, communications, telecommunications, cable television service, video service or natural gas distribution system, evidence that any "certificate of public convenience and necessity" or other regulatory authorization that the applicant is required by law to obtain, or that the applicant has elected to obtain, has been issued by the ICC or other jurisdictional authority;
      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 Illinois 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 Illinois environmental protection agency, division of water pollution control and the metropolitan water reclamation district or 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 city within thirty (30) days after the change necessitating the amendment. (Ord. 3706, 4-6-2015)
   F.   Application Fees: Unless otherwise provided by franchise, license, or similar agreement, all applications for permits pursuant to this article shall be accompanied by a fee in the amount of two thousand dollars ($2,000.00). No application fee is required to be paid by any electricity utility that is paying the municipal electricity infrastructure maintenance fee pursuant to the electricity infrastructure maintenance fee act. (Ord. 3742, 3-21-2016)
8-1G-5: ACTION ON PERMIT APPLICATIONS:
   A.   City Review Of Permit Applications: Completed permit applications, containing all required documentation, shall be referred to and examined by the city engineer within a reasonable time after filing. If the application does not conform to the requirements of applicable ordinances, codes, laws, rules, and regulations, the city engineer shall reject such application in writing, stating the reasons therefor. If the city engineer is satisfied that the proposed work conforms to the requirements of this article and applicable ordinances, codes, laws, rules, and regulations, the city clerk shall issue a permit therefor as soon as practicable. In all instances, it shall be the duty of the applicant to demonstrate, to the satisfaction of the city engineer, that the construction proposed under the application shall be in full compliance with the requirements of this article.
   B.   Additional City Review Of Applications Of Telecommunications Retailers:
      1.   Pursuant to section 4 of the telephone company act, 220 Illinois Compiled Statutes 65/4, a telecommunications retailer shall notify the city that it intends to commence work governed by this article 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 city not less than ten (10) days prior to the commencement of work requiring no excavation and not less than thirty (30) days prior to the commencement of work requiring excavation. The city 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 city engineer fails to provide such specification of location to the telecommunications retailer within either: a) ten (10) days after service of notice to the city by the telecommunications retailer in the case of work not involving excavation for new construction or b) twenty five (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 article.
      3.   Upon the provision of such specification by the city, where a permit is required for work pursuant to section 8-1G-4 of this article the telecommunications retailer shall submit to the city 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 subsection A of this section.
   C.   Additional City Review Of Applications Of Holders Of State Authorization Under The Cable And Video Competition Law Of 2007: Applications by a utility that is a holder of a state issued authorization under the cable and video competition law of 2007 shall be deemed granted forty five (45) days after submission to the city, unless otherwise acted upon by the city, provided the holder has complied with all applicable city codes, ordinances, rules, and regulations. (Ord. 3706, 4-6-2015)
8-1G-6: EFFECT OF PERMIT:
   A.   Authority Granted; No Property Right Or Other Interest Created: A permit from the city authorizes a permittee to undertake only certain activities in accordance with this article on city rights of way, and does not create a property right or grant authority to the permittee to impinge upon the rights of others who may have an interest in the rights of way.
   B.   Duration: No permit issued under this article shall be valid for a period longer than six (6) months unless construction is actually begun within that period and is thereafter diligently pursued to completion.
   C.   Preconstruction Meeting Required: No construction shall begin pursuant to a permit issued under this article prior to attendance by the permittee and all major contractors and subcontractors who will perform any work under the permit at a preconstruction meeting. The preconstruction meeting shall be held at a date, time and place designated by the city with such city representatives in attendance as the city deems necessary. The meeting shall be for the purpose of reviewing the work under the permit, and reviewing special considerations necessary in the areas where work will occur, including, without limitation, presence or absence of other utility facilities in the area and their locations, procedures to avoid disruption of other utilities, use of rights of way by the public during construction, and access and egress by adjacent property owners.
   D.   Compliance With All Laws Required: The issuance of a permit by the city does not excuse the permittee from complying with other requirements of the city and applicable statutes, laws, ordinances, rules, and regulations. (Ord. 3706, 4-6-2015)
8-1G-7: REVISED PERMIT DRAWINGS:
In the event that the actual locations of any facilities deviate in any material respect from the locations identified in the plans, drawings and specifications submitted with the permit application, the permittee shall submit a revised set of drawings or plans to the city within ninety (90) days after the completion of the permitted work. The revised drawings or plans shall specifically identify where the locations of the actual facilities deviate from the locations approved in the permit. If any deviation from the permit also deviates from the requirements of this article, it shall be treated as a request for variance in accordance with section 8-1G-21 of this article. If the city denies the request for a variance, then the permittee shall either remove the facility from the right of way or modify the facility so that it conforms to the permit and submit revised drawings or plans therefor. (Ord. 3706, 4-6-2015)
8-1G-8: INSURANCE:
   A.   Required Coverages And Limits: Unless otherwise provided by franchise, license, or similar agreement, each utility occupying right of way or constructing any facility in the rights of way shall secure and maintain the following liability insurance policies insuring the utility as named insured and naming the city, and its elected and appointed officers, officials, agents, representatives, and employees as additional insureds on the policies listed in subsections A1 and A2 of this section.
      1.   Commercial general liability insurance, including premises- operations, explosion, collapse, and underground hazard (commonly referred to as "X", "C", and "U" coverages) and products- completed operations coverage with limits not less than:
         a.   Five million dollars ($5,000,000.00) for bodily injury or death to each person;
         b.   Five million dollars ($5,000,000.00) for property damage resulting from any one accident; and
         c.   Five million dollars ($5,000,000.00) for all other types of liability;
      2.   Automobile liability for owned, nonowned and hired vehicles with a combined single limit of one million dollars ($1,000,000.00) for personal injury and property damage for each accident;
      3.   Workers' compensation with statutory limits; and
      4.   Employer's liability insurance with limits of not less than one million dollars ($1,000,000.00) per employee and per accident.
If the utility is not providing such insurance to protect the contractors and subcontractors performing the work, then such contractors and subcontractors shall comply with this section.
   B.   Excess Or Umbrella Policies: The coverages required by this section may be in any combination of primary, excess, and umbrella policies. Any excess or umbrella policy must provide excess coverage over underlying insurance on a following form basis such that when any loss covered by the primary policy exceeds the limits under the primary policy, the excess or umbrella policy becomes effective to cover such loss.
   C.   Copies Required: The utility shall provide copies of any of the policies required by this section to the city clerk within ten (10) days following receipt of a written request therefor from the city.
   D.   Maintenance And Renewal Of Required Coverages: The insurance policies required by this section shall contain the following endorsement:
It is hereby understood and agreed that this policy may not be canceled nor the intention not to renew be stated until thirty (30) days after receipt by the City, by registered mail or certified mail, return receipt requested, of a written notice addressed to the City's Mayor of such intent to cancel or not to renew.
Within ten (10) days after receipt by the city of said notice, and in no event later than ten (10) days prior to said cancellation, the utility shall obtain and furnish to the city evidence of replacement insurance policies meeting the requirements of this section.
   E.   Self-Insurance: A utility may self-insure all or a portion of the insurance coverage and limit requirements required by subsection A of this section. A utility that self-insures is not required, to the extent of such self-insurance, to comply with the requirement for the naming of additional insureds under subsection A of this section, or the requirements of subsections B, C and D of this section. A utility that elects to self-insure shall provide to the city evidence sufficient to demonstrate its financial ability to self-insure the insurance coverage and limit requirements required under subsection A of this section, such as evidence that the utility is a "private self-insurer" under the workers' compensation act.
   F.   Effect Of Insurance And Self-Insurance On Utility's Liability: The legal liability of the utility to the city and any person for any of the matters that are the subject of the insurance policies or self-insurance required by this section shall not be limited by such insurance policies or self-insurance or by the recovery of any amounts thereunder.
   G.   Insurance Companies: All insurance provided pursuant to this section shall be effected under valid and enforceable policies, issued by insurers legally able to conduct business with the licensee in the state of Illinois. All insurance carriers and surplus line carriers shall be rated "A-" or better and of a class size "X" or higher by A.M. Best Company. (Ord. 3706, 4-6-2015)
8-1G-9: INDEMNIFICATION:
By occupying or constructing facilities in the right of way, a utility shall be deemed to agree to and shall defend, indemnify and hold the city and its elected and appointed officials and officers, employees, agents and representatives harmless from and against any and all injuries, claims, demands, judgments, damages, losses and expenses, including reasonable attorney fees and costs of suit or defense, of any kind, nature or extent whatsoever arising out of, resulting from or alleged to arise out of or result from the negligent, careless or wrongful acts, omissions, failures to act or misconduct of the utility or its affiliates, officers, employees, agents, representatives, contractors or subcontractors in the construction of facilities or occupancy of the rights of way, and in providing or offering service over the facilities, whether such acts or omissions are authorized, allowed or prohibited by this article or by a franchise, license, or similar agreement; provided, however, that the utility's indemnity obligations hereunder shall not apply to any injuries, claims, demands, judgments, damages, losses or expenses to the extent they arise out of or result from the negligence or misconduct by the city, its officials, officers, employees, agents, or representatives. (Ord. 3706, 4-6-2015)
8-1G-10: SECURITY:
   A.   Purpose: The permittee shall establish a security fund in a form and in an amount as set forth in this section. The security fund shall be continuously maintained in accordance with this section at the permittee's sole cost and expense until the completion of the work authorized under the permit. The security fund shall serve as security for:
      1.   The faithful performance by the permittee of all the requirements of this article;
      2.   Any expenditure, damage, or loss incurred by the city occasioned by the permittee's failure to comply with any codes, rules, regulations, orders, permits and other directives of the city issued pursuant to this article; and
      3.   The payment by permittee of all liens and all damages, claims, costs, or expenses that the city may pay or incur by reason of any action or nonperformance by permittee in violation of this article including, without limitation, any damage to public property or restoration work the permittee is required by this article to perform that the city must perform itself or have completed as a consequence solely of the permittee's failure to perform or complete, and all other payments due the city from the permittee pursuant to this article or any other applicable law.
   B.   Form: The permittee shall provide the security fund to the city in the form, at the permittee's election, of cash, a surety bond in a form acceptable to the city, or an unconditional letter of credit in a form acceptable to the city. Any surety bond or letter of credit provided pursuant to this subsection shall, at a minimum:
      1.   Provide that it will not be canceled without prior notice to the city and the permittee;
      2.   Not require the consent of the permittee prior to the collection by the city of any amounts covered by it; and
      3.   Shall provide a location convenient to the city and within the state of Illinois at which it can be drawn.
   C.   Amount: The dollar amount of the security fund shall be sufficient to provide for the reasonably estimated cost to restore the right of way to at least as good a condition as that existing prior to the construction under the permit, as determined by the city engineer, and may also include reasonable, directly related costs that the city estimates are likely to be incurred if the permittee fails to perform such restoration. Where the construction of facilities proposed under the permit will be performed in phases in multiple locations in the city, with each phase consisting of construction of facilities in one location or a related group of locations, and where construction in another phase will not be undertaken prior to substantial completion of restoration in the previous phase or phases, the city engineer may, in the exercise of sound discretion, allow the permittee to post a single amount of security which shall be applicable to each phase of the construction under the permit. The amount of the security fund for phased construction shall be equal to the greatest amount that would have been required under the provisions of this subsection for any single phase.
   D.   Withdrawals: The city, upon fourteen (14) days' advance written notice clearly stating the reason for, and its intention to exercise withdrawal rights under this subsection, may withdraw an amount from the security fund, provided that the permittee has not reimbursed the city for such amount within the fourteen (14) day notice period. Withdrawals may be made if the permittee:
      1.   Fails to make any payment required to be made by the permittee hereunder;
      2.   Fails to pay any liens relating to the facilities that are due and unpaid;
      3.   Fails to reimburse the city for any damages, claims, costs or expenses which the city has been compelled to pay or incur by reason of any action or nonperformance by the permittee; or
      4.   Fails to comply with any provision of this article that the city determines can be remedied by an expenditure of an amount in the security fund.
   E.   Replenishment: Within fourteen (14) days after receipt of written notice from the city that any amount has been withdrawn from the security fund, the permittee shall restore the security fund to the amount specified in subsection C of this section.
   F.   Interest: The permittee may request that any and all interest accrued on the amount in the security fund be returned to the permittee by the city, upon written request for said withdrawal to the city, provided that any such withdrawal does not reduce the security fund below the minimum balance required in subsection C of this section.
   G.   Closing And Return Of Security Fund: Upon completion of the work authorized under the permit, the permittee shall be entitled to the return of the security fund, or such portion thereof as remains on deposit, within a reasonable time after account is taken for all offsets necessary to compensate the city for failure by the permittee to comply with any provisions of this article or other applicable law. In the event of any revocation of the permit, the security fund, and any and all accrued interest therein, shall become the property of the city to the extent necessary to cover any reasonable costs, loss or damage incurred by the city as a result of said revocation, provided that any amounts in excess of said costs, loss or damage shall be refunded to the permittee.
   H.   Rights Not Limited: The rights reserved to the city with respect to the security fund are in addition to all other rights of the city, whether reserved by this article or otherwise authorized by law, and no action, proceeding or exercise of right with respect to said security fund shall affect any other right the city may have. Notwithstanding the foregoing, the city shall not be entitled to a double monetary recovery with respect to any of its rights that may be infringed or otherwise violated. (Ord. 3706, 4-6-2015)
8-1G-11: PERMIT SUSPENSION AND REVOCATION:
   A.   City Right To Revoke Permit: The city may revoke or suspend a permit issued pursuant to this article for one or more of the following reasons:
      1.   Fraudulent, false, misrepresenting, or materially incomplete statements in the permit application;
      2.   Noncompliance with this article;
      3.   Permittee's physical presence or presence of permittee's facilities on, over, above, along, upon, under, across, or within the rights of way presents a direct or imminent threat to the public health, safety, or welfare; or
      4.   Permittee's failure to construct the facilities substantially in accordance with the permit and approved plans.
   B.   Notice Of Revocation Or Suspension: The city shall send written notice of its intent to revoke or suspend a permit issued pursuant to this article stating the reason or reasons for the revocation or suspension and the alternatives available to permittee under this section.
   C.   Permittee Alternatives Upon Receipt Of Notice Of Revocation Or Suspension: Upon receipt of a written notice of revocation or suspension from the city, the permittee shall have the following options:
      1.   Immediately provide the city with evidence that no cause exists for the revocation or suspension;
      2.   Immediately correct, to the satisfaction of the city, the deficiencies stated in the written notice, providing written proof of such correction to the city within five (5) working days after receipt of the written notice of revocation; or
      3.   Immediately remove the facilities located on, over, above, along, upon, under, across, or within the rights of way and restore the rights of way to the satisfaction of the city providing written proof of such removal to the city within ten (10) days after receipt of the written notice of revocation.
The city may, in its discretion, for good cause shown, extend the time periods provided in this subsection.
   D.   Stop Work Order: In addition to the issuance of a notice of revocation or suspension, the city may issue a stop work order immediately upon discovery of any of the reasons for revocation set forth within subsection A of this section.
   E.   Failure Or Refusal Of The Permittee To Comply: If the permittee fails to comply with the provisions of subsection C of this section, the city or its designee may, at the option of the city: 1) correct the deficiencies; 2) upon not less than twenty (20) days' notice to the permittee, remove the subject facilities or equipment; or 3) after not less than thirty (30) days' notice to the permittee of failure to cure the noncompliance, deem them abandoned and property of the city. The permittee shall be liable in all events to the city for all costs of removal. (Ord. 3706, 4-6-2015)
8-1G-12: CHANGE OF OWNERSHIP OR OWNER'S IDENTITY OR LEGAL STATUS:
   A.   Notification Of Change: A utility shall notify the city no less than thirty (30) days prior to the transfer of ownership of any facility in the right of way or change in identity of the utility. The new owner of the utility or the facility shall have all the obligations and privileges enjoyed by the former owner under the permit, if any, and applicable laws, ordinances, rules and regulations, including this article, with respect to the work and facilities in the right of way.
   B.   Amended Permit: A new owner shall request that any current permit be amended to show current ownership. If the new owner fails to have a new or amended permit issued in its name, the new owner shall be presumed to have accepted, and agreed to be bound by, the terms and conditions of the permit if the new owner uses the facility or allows it to remain on the city's right of way.
   C.   Insurance And Bonding: All required insurance coverage or bonding must be changed to reflect the name of the new owner upon transfer. (Ord. 3706, 4-6-2015)
8-1G-13: GENERAL CONSTRUCTION STANDARDS:
   A.   Standards And Principles: All construction in the right of way shall be consistent with all applicable ordinances, codes, laws, rules, and regulations, and commonly recognized and accepted traffic control and construction principles, sound engineering judgment and, where applicable, the principles and standards set forth in the following IDOT publications, as amended from time to time:
      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. adm. code section 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 article, the city engineer shall determine, in the exercise of sound engineering judgment, which principles apply and such decision shall be final. If requested, the city engineer shall state which standard or principle will apply to the construction, maintenance, or operation of a facility in the future. (Ord. 3706, 4-6-2015)
8-1G-14: TRAFFIC CONTROL:
   A.   Minimum Requirements: The city'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 applicable federal, state, and local requirements for protection of the public and the utility's workers when performing any work on the 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 forty eight (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 section 8-1G-20 of this article, the utility shall provide such notice as is practicable under the circumstances.
   E.   Compliance: The utility shall take immediate action to correct any deficiencies in traffic protection requirements that are brought to the utility's attention by the city. (Ord. 3706, 4-6-2015)
8-1G-15: LOCATION OF FACILITIES:
   A.   General Requirements: In addition to location requirements applicable to specific types of utility facilities, all utility facilities, regardless of type, shall be subject to the general location requirements of this subsection.
      1.   No Interference With City Facilities: No utility facilities shall be placed in any location if the city engineer determines that the proposed location will require the relocation or displacement of any of the city's utility facilities or will otherwise interfere with the operation or maintenance of any of the city's utility facilities.
      2.   Minimum Interference And Impact: The proposed location shall cause only the minimum possible interference with the use of the right of way and shall cause only the minimum possible impact upon, and interference with the rights and reasonable convenience of property owners who adjoin said right of way.
      3.   No Interference With Travel: No utility facility shall be placed in any location that interferes with the usual travel on such right of way.
      4.   No Limitations On Visibility: No utility facility shall be placed in any location so as to limit visibility of or by users of the right of way.
      5.   Size Of Utility Facilities: The proposed installation shall use the smallest suitable vaults, boxes, equipment enclosures, power pedestals, and/or cabinets then in use by the facility owner, regardless of location, for the particular application.
   B.   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 (2') (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 (4') (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 (1') (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 (8') (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 judgment (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 (5') (1.5 m) from the right of way line and any above grounded appurtenance shall be located within one foot (1') (0.3 m) of the right of way line or as near as practicable.
   C.   Facilities Crossing Highways:
      1.   No Future Disruption: The construction and design of crossing facilities installed between the ditch lines or curb lines of city 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 ninety degree (90°) 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. adm. code 305);
         b.   Poles are located within one foot (1') (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.
      6.   Markers: The city 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 CFR section 192.707 (1989)).
   D.   Facilities To Be Located Within Particular Rights Of Way: The city may require that facilities be located within particular rights of way that are not highways, rather than within particular highways.
   E.   Freestanding Facilities:
      1.   The city may restrict the location and size of any freestanding facility located within a right of way.
      2.   The city may require any freestanding facility located within a right of way to be screened from view.
   F.   Facilities Installed Above Ground: Aboveground 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. Existing utility poles and light standards shall be used wherever practicable; the installation of additional utility poles is strongly discouraged.
   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.
   H.   Appearance Standards:
      1.   The city 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 right of way user or to adjacent residents and property owners, and if it does not impair the aesthetic quality of the lands being traversed. (Ord. 3706, 4-6-2015)
8-1G-16: 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 city engineer from the edge of the pavement. Pits for boring or jacking shall be excavated no more than forty eight (48) hours in advance of boring or jacking operations and backfilled within forty eight (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 (6") (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 (1") (25 mm).
         d.   Borings With Diameters Six Inches Or Less: Borings of six inches (6") 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 city to be preserved or protected 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 section 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 pipeline testing. Only one-half (1/2) of any intersection may have an open trench at any time unless special permission is obtained from the city engineer.
         b.   Open Trench And Excavated Material: Open trench and windrowed excavated material shall be protected as required by chapter 6 of the "Illinois Manual On Uniform 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 windrowing excavated material off the paved portion of the roadway, excavated material shall be hauled to an off road location.
         c.   Drip Line Of Trees: The utility shall not trench within the drip line of any tree designated by the city 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 (3) 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 city engineer, 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 city engineer.
      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 subsection is permitted under section 8-1G-21 of this article, the following requirements shall apply:
         a.   Any excavation under pavements shall be backfilled and compacted as soon as practicable with granular material of CA-6 or CA-10 gradation, as designated by the engineer.
         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 city.
         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 (7) years, or resurfaced in the last three (3) 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 JULIE 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 city.
         b.   The venting, if any, of any encasement shall extend within one foot (1') (0.3 m) of the right of way line. No aboveground 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 city 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 city. Bell and spigot type pipe shall be encased regardless of installation method.
         d.   In the case of gas pipelines of sixty (60) psig or less, encasement may be eliminated.
         e.   In the case of gas pipelines or petroleum products pipelines with installations of more than sixty (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
Electric lines
30" (0.8 m)
Communication, cable or video service lines
18 to 24" (0.46 m to 0.6 m, as determined by city)
Gas or petroleum products
30" (0.8 m)
Water line
Sufficient cover to provide freeze protection
Sanitary sewer, storm sewer, or drainage 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 city rights of way shall be constructed, operated, and maintained in conformity with the provisions of 83 Illinois administrative code part 305 (formerly general order 160 of the Illinois commerce commission) entitled "Rules For Construction Of Electric Power And Communication 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 guywires 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.
         d.   Burial Of Drops: All temporary service drops placed between November 1 of the prior year and March 15 of the current year, also known as snowdrops, shall be buried by May 31 of the current year, weather permitting, unless otherwise permitted by the city. Weather permitting, utilities shall bury all temporary drops, excluding snowdrops, within ten (10) business days after placement.
      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 city 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 CFR section 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.   Water Lines, Sanitary Sewer Lines, Stormwater Sewer Lines Or Drainage Lines: Water lines, sanitary sewer lines, stormwater 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 (1') (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 streets and sewers. With the approval of the superintendent of streets and sewers, 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 "Standard 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: No material shall be stored on the right of way without the prior written approval of the city engineer. When such storage is permitted, 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 city.
      3.   Hazardous Materials: The plans submitted by the utility to the city 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 city, 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 engineer when emergency work is required to restore vital utility services.
      3.   Unless otherwise permitted by the city, the hours of construction are between seven o'clock (7:00) A.M. and six o'clock (6:00) P.M. Mondays through Saturdays.
   E.   Location Of Existing Facilities: Any utility proposing to construct facilities in the city shall contact JULIE and ascertain the presence and location of existing aboveground and underground facilities within the rights of way to be occupied by its proposed facilities. The city 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 city or by JULIE, a utility shall locate and physically mark its underground facilities within forty eight (48) hours, excluding weekends and holidays, in accordance with the Illinois underground facilities damage prevention act 10 . (Ord. 3706, 4-6-2015)
8-1G-17: VEGETATION CONTROL:
   A.   Electric Utilities; Compliance With State Laws And Regulations: An electric utility shall conduct all tree trimming and vegetation control activities in the right of way in accordance with applicable Illinois laws and regulations, and additionally, in accordance with such local franchise, license, or other agreement with the city as permitted by law.
   B.   Other Utilities; Tree Trimming Permit Required: Tree trimming that is done by any other utility with facilities in the right of way and that is not performed pursuant to applicable Illinois laws and regulations specifically governing same, 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 article.
      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 city 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 city may require the removal and replacement of trees if trimming or radical pruning would leave them in an unacceptable condition.
   C.   Specimen Trees Or Trees Of Special Significance: The city 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.
   D.   Chemical Use:
      1.   Except as provided in the following paragraph, no utility shall spray, inject or pour any chemicals on or near any trees, shrubs or vegetation in the city for any purpose, including the control of growth, insects or disease.
      2.   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 streets and sewers that such spraying is the only practicable method of vegetation control. (Ord. 3706, 4-6-2015)
8-1G-18: REMOVAL, RELOCATION, OR MODIFICATIONS OF UTILITY FACILITIES:
   A.   Notice: Within ninety (90) days following written notice from the city, a utility shall, at its own expense, protect, support, temporarily or permanently disconnect, 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 city improvement in or upon, or the operations of the city in or upon, the rights of way.