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Every wireless provider or utility that occupies right-of-way within the Village shall register on January 1 of each year with the Village Clerk, providing the registrant'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 registrant's facilities in the right-of-way and a 24-hour telephone number for each such person, and evidence of insurance as required in section 7-2-8 of this chapter, in the form of a certificate of insurance. (Ord. 2018-1043, 7-5-2018)
A. Permit Required: No person shall construct (as defined in this chapter) any facility on, over, above, along, upon, under, across, or within any Village 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 chapter), 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 Village Clerk and obtaining a permit from the Village therefor, except as otherwise provided in this chapter.
No application, approval, or permit shall be required for routine maintenance, the replacement of small wireless facilities that are substantially similar, the same size or smaller, if the wireless provider notifies the Village at least ten (10) days prior to the planned replacement, or the installation, placement, maintenance, operation, or replacement of micro wireless facilities that are suspended on cables strung between existing utility poles in compliance with applicable Safety Codes. The Village may require a permit to work within the right-of-way for activities that affect traffic patterns or that require lane closures.
B. Permit Application: All applications for permits pursuant to this chapter shall be filed on a form provided by the Village and shall be filed in such number of duplicate copies as the Village may designate. The applicant may designate those portions of its application materials that it reasonably believes contain proprietary or confidential information as "proprietary" or "confidential" by clearly marking each page of such materials accordingly. The application for a small wireless facility, along with supporting information and notices, must be submitted to the Village Clerk.
C. Minimum General Application Requirements: The application shall be made by the wireless provider or utility or the duly authorized representative and shall contain, at a minimum, the following:
1. The applicant's name and address and telephone and facsimile numbers;
2. The applicant's name and address, if different than the wireless provider or utility, its telephone, facsimile numbers, e-mail address, and its interest in the work;
3. The names, addresses and telephone and facsimile 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 wireless provider or utility has placed on file with the Village:
a. A written traffic control plan demonstrating the protective measures and devices that will be employed consistent with the Illinois Manual On Uniform Traffic Control Devices, to prevent injury or damage to persons or property and to minimize disruptions to efficient pedestrian and vehicular traffic; and
b. An emergency contingency plan which shall specify the nature of potential emergencies, including, without limitation, construction and hazardous materials emergencies, and the intended response by the applicant. The intended response shall include notification to the Village and shall promote protection of the safety and convenience of the public. Compliance with ICC regulations for emergency contingency plans constitutes compliance with this section unless the Village finds that additional information or assurances are needed;
6. Drawings, plans and specifications showing the work proposed, including the certification of an engineer that such drawings, plans, and specifications comply with applicable codes, rules, and regulations;
7. Evidence of insurance as required in section 7-2-8 of this chapter;
8. Evidence of posting of the Security Fund as required in section 7-2-10 of this chapter;
9. Any request for a variance from one or more provisions of this chapter (see section 7-2-21 of this chapter); and
10. Such additional information as may be reasonably required by the Village.
D. Supplemental Application Requirements For Specific Types Of Facilities: In addition to the requirements of subsection C of this section, the permit application shall include the following items, as applicable to the specific facility that is the subject of the permit application:
1. In the case of the installation of a new electric power, communications, 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.
6. Applications for small wireless facilities must also include the following:
a. Drawings and site plans for each proposed small wireless facility covered by the application;
b. The location where each proposed small wireless facility or utility pole will be installed and photographs of the location and its immediate surroundings;
c. A site specific structural analysis and engineering drawing for each proposed small wireless facility covered by the application, prepared and stamped by a professional engineer, which demonstrates the utility pole or Municipally- owned infrastructure is safely capable of supporting the small wireless facility in all reasonably foreseeable weather conditions without creating a risk to public health and safety. The structural analysis will also describe the method by which the facility is designed to fail and demonstrate that any structural failure to the facility shall not cause harm to any residential structure;
d. The equipment type and model numbers for the antennas and all other wireless equipment associated with the small wireless facility;
e. A proposed schedule for the installation and completion of each small wireless facility covered by the application;
g. Applications must include the screening and stealth concealment methods used for each proposed small wireless facility covered by the application.
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 applicant in writing to the Village within thirty (30) days after the change necessitating the amendment.
F. Application Fees: Unless otherwise provided by franchise, license, or similar agreement, all applications for permits pursuant to this chapter shall be accompanied by a fee in the amount of one hundred seventy five dollars ($175.00). 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.
G. Application Fees For Small Wireless Facilities: All applications for the collocation of a single small wireless facility on an existing utility pole or wireless support structure shall be accompanied by a fee in the amount of six hundred fifty dollars ($650.00). All applications for the collocation of more than one small wireless facility on an existing utility pole or wireless support structure shall be accompanied by a fee in the amount of three hundred fifty dollars ($350.00) for each small wireless facility addressed in said application. An application for the installation of a small wireless facility that will require a new utility pole must be accompanied by a fee in the amount of one thousand dollars ($1,000.00).
H. Consolidated Applications For Small Wireless Facilities: Applications for small wireless facilities may be submitted on a consolidated basis provided they involve the same type of small wireless facility and the same type of structure. The Village may, at its discretion, remove small wireless facility collocations from the consolidated application and treat them separately for purposes of deeming the application incomplete or denied. (Ord. 2018-1043, 7-5-2018)
A. Application Deadlines For Small Wireless Facilities: Applications are deemed complete if the Village does not notify the applicant otherwise within thirty (30) days of receipt of the application.
If the application to collocate a small wireless facility is to be placed on an existing utility pole, the Village will notify the applicant of its approval or denial within ninety (90) days. If the Village fails to notify the applicant within that timeframe, the application will be deemed approved. If the application to collocate a small wireless facility requires the installation of a new utility pole, the Village will notify the applicant of its approval or denial within one hundred twenty (120) days. If the Village fails to notify the applicant within that timeframe, the application will be deemed approved.
B. Village Review Of Permit Applications: Completed permit applications, containing all required documentation, shall be examined by the Village Engineer within a reasonable time after filing on a nondiscriminatory basis. If the application does not conform to the requirements of applicable ordinances, codes, laws, rules, and/or regulations that concern public safety, the Village Engineer shall reject such application in writing, stating the reasons therefor notifying the applicant of the basis for a denial, including specific Code provisions upon which the denial was based. The applicant may cure the deficiencies and resubmit a revised application without paying additional application fees.
When reviewing applications for small wireless facilities, the Village will approve or deny the revised application within thirty (30) days after the applicant resubmits the application or it will be deemed approved. If the Village Engineer is satisfied that the proposed work conforms to the requirements of this chapter and applicable ordinances, codes, laws, rules, and regulations, the Village Engineer 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 Village Engineer, that the construction proposed under the application shall be in full compliance with the requirements of this chapter.
C. Additional Village 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 Village that it intends to commence work governed by this chapter for facilities for the provision of telecommunications services. Such notice shall consist of plans, specifications, and other documentation sufficient to demonstrate the purpose and intent of the facilities, and shall be provided by the telecommunications retailer to the Village not less than ten (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 Village Engineer shall specify the portion of the right-of-way upon which the facility may be placed, used and constructed.
2. In the event that the Village Engineer fails to provide such specification of location to the telecommunications retailer within either: a) ten (10) days after service of notice to the Village 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 chapter.
3. Upon the provision of such specification by the Village, where a permit is required for work pursuant to section 7-2-4 of this chapter the telecommunications retailer shall submit to the Village an application for a permit and any and all plans, specifications and documentation available regarding the facility to be constructed. Such application shall be subject to the requirements of subsection A of this section.
D. Additional Village 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 Village, unless otherwise acted upon by the Village, provided the holder has complied with applicable Village codes, ordinances, and regulations. (Ord. 2018-1043, 7-5-2018)
A. Authority Granted; No Property Right Or Other Interest Created: A permit from the Village authorizes a permittee to undertake only certain activities in accordance with this chapter on Village 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 to a utility 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. Collocation of small wireless facilities must be completed within one hundred eighty (180) days after the issuance of the permit. If collocation is not complete, the permit will be void. Permits for small wireless facilities are valid for five (5) years from the time of issuance.
C. Pre-Construction Meeting Required: Unless waived in writing by the Village Engineer, no construction shall begin pursuant to a permit issued under this chapter prior to attendance by the permittee and all major contractors and subcontractors who will perform any work under the permit at a pre-construction meeting. The preconstruction meeting shall be held at a date, time and place designated by the Village with such Village representatives in attendance as the Village 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 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 Village does not excuse the permittee from complying with other requirements of the Village and applicable statutes, laws, ordinances, rules, and regulations.
E. Annual Recurring Rates For Small Wireless Facilities: The Village shall charge an annual recurring rate for the collocation of small wireless facilities on Municipally-owned infrastructure located in its right-of-way equal to either two hundred dollars ($200.00) per utility pole, or the actual, direct, and reasonable costs related to the wireless provider's use of space on the Village utility pole, whichever is greater. If the Village elects to charge the actual, direct, and reasonable costs related to the wireless provider's use of space on the Municipally-owned infrastructure, it shall adopt a fee schedule on an annual basis. (Ord. 2018-1043, 7-5-2018)
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 Village 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 chapter, it shall be treated as a request for variance in accordance with section 7-2-21 of this chapter. If the Village 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. 2018-1043, 7-5-2018)
A. Required Coverages And Limits: Unless otherwise provided by franchise, license, or similar agreement, each wireless provider or utility occupying right-of-way or constructing any facility in the right-of-way shall secure and maintain the following liability insurance policies insuring the utility as named insured and naming the Village, and its elected and appointed officers, officials, agents, and employees as additional insureds on the policies listed in subsection A1 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;
d. Wireless providers must include the Village as an additional insured on the commercial general liability policy;
e. Worker's compensation with statutory limits; and
f. Property insurance for replacement costs against all risks.
If the wireless provider or 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 wireless provider or utility shall provide copies of any of the policies required by this section to the Village within ten (10) days following receipt of a written request therefor from the Village.
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 Village, by registered mail or certified mail, return receipt requested, of a written notice addressed to the Village Clerk of such intent to cancel or not to renew.
Within ten (10) days after receipt by the Village of said notice, and in no event later than ten (10) days prior to said cancellation, the utility shall obtain and furnish to the Village evidence of replacement insurance policies meeting the requirements of this section.
E. Self-Insurance: A wireless provider or 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 Village 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 Wireless Provider's Or Utility's Liability: The legal liability of the wireless provider or utility to the Village 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. (Ord. 2018-1043, 7-5-2018)
By occupying or constructing facilities in the right-of-way, a wireless provider or utility shall be deemed to agree to defend, indemnify and hold the Village 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, 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, 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 chapter or by a franchise, license, or similar agreement; provided, however, that the wireless provider's or utility's indemnity obligations hereunder shall not apply to any injuries, claims, demands, judgments, damages, losses or expenses arising out of or resulting from the negligence, misconduct or breach of this chapter by the Village, its officials, officers, employees, agents or representatives. (Ord. 2018-1043, 7-5-2018)
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