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 Village Facilities: No utility facilities shall be placed in any location if the director of municipal services determines that the proposed location will require the relocation or displacement of any of the village's utility facilities or will otherwise interfere with the operation or maintenance of any of the village'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.
6. New Utility Facilities (Utility Service Cables, Wires, Ducts And Lines): All new service facilities, which include utility service cables, wires, ducts and lines, that serve new customers within the village that traditionally are installed overhead shall be installed underground, at the cost of the utility. Utilities may repair and replace existing overhead service facilities without having to install such facilities underground, unless underground placement is requested by the village and the parties reach a mutual agreement regarding the payment of the costs of the underground installation.
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') 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 (4.0') 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') 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 five feet (5.0') from the right of way line, and any aboveground appurtenance shall be located within one foot (1.0') of the right of way line or as near as practicable;
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. The design and separation parameters specified in subsection B2a of this section shall be used as guidelines to be followed in all cases unless special circumstances, as determined by the director of municipal services, warrant consideration of a variance.
C. Facilities Crossing Highways:
1. No Future Disruption: The construction and design of crossing facilities installed between the ditch lines or curb lines of village 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 (1.00') 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 village 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, as amended).
D. Facilities To Be Located Within Particular Rights Of Way: As part of its application, the permittee shall be required to submit a site plan showing the proposed location of the facilities for village approval by the director of municipal services when the permittee desires to locate any facilities in a public right of way. The site plan shall be drawn to scale on a sheet not less than eight and one-half inches by eleven inches (81/2" x 11"), which contains the location of property lines; location of proposed facilities, all buildings, structures, improvements, fences, and paved areas on immediately adjacent properties; location of each natural landscaping area; the type of screening and landscape buffer to be installed around the perimeter of the facilities, a list by scientific and common name of vegetative species intended to be planted, cultivated, and maintained as part of the landscape buffer; and the setback distance of the facilities and landscape buffer that will be located near any property line. The village may require that facilities be located within particular rights of way that are not highways, rather than within particular highways. The placement of facilities in the right of way shall be approved by the director of municipal services, based on the sound engineering judgment of the village engineer as well as aesthetic considerations to preserve the visual quality, appearance, character, health, safety, and welfare of the community. The permittee may appeal the decision of the director of municipal services regarding the approved location of the facilities based only on engineering considerations (e.g., the facility will not operate in accordance with industry standards at the approved location based on the opinion of the permittee's engineer), and not on financial or aesthetic considerations. Such appeal shall be heard by the zoning board of appeals in accordance with the provisions of section 10-3-13 of the development control ordinance. The landscaping and screening requirements specified herein are intended to foster aesthetically pleasing improvements within rights of way which will protect and preserve the visual quality, appearance, character, health, safety, and welfare of the community.
E. Freestanding Facilities:
1. The director of municipal services may restrict the location and size of any proposed freestanding facility to be located within a right of way as part of the approval of the application, the site plan and the landscape plan. The permittee shall use commercially reasonable efforts to design and utilize facilities with a minimal visual footprint. Any restriction on the size of a facility shall be based on the village engineer's sound engineering judgment and the reasonable commercial availability of a smaller scale, compatible facility that meets industry standards. An appeal of such decision shall be heard by the zoning board of appeals in accordance with the provisions of section 10-3-13 of the development control ordinance.
2. Except for telephone poles and related wires, any freestanding facility located within a right of way shall be screened with earthen berms, landscape materials or a solid wood or masonry fence or a combination of such screening in accordance with the provisions of section 10-4-9 of the development control ordinance, as determined appropriate and necessary by the director of municipal services, to effectively screen the facility from public view.
F. Appearance Standards:
1. The village may prohibit the installation of facilities in particular locations in order to preserve visual quality, appearance, character, health, safety, and welfare of the community.
2. Effective year round landscape screening shall be provided to lessen the visual prominence of facilities in accordance with the provisions of section 10-4-9 of the development control ordinance. Innovative landscape design proposals that promote sustainability, reduce irrigation requirements, and that utilize effective on site storm water management techniques are encouraged. Thoughtful selection and placement of plant material based on ecological principles are also encouraged.
3. 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 or create a safety hazard to pedestrians, bicycle riders and motorists using the right of way or adjacent streets, parkways and sidewalks.
4. All screening (fences) and landscape materials shall be maintained in good condition so as to present a healthy, neat and orderly appearance; shall be replaced when dead or dying or in disrepair; and shall be kept free of refuse and debris. The permittee shall be responsible for the maintenance, repair and replacement of all required screening and landscape materials or may contract with the village to provide such services.
G. Facilities Installed Aboveground: 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 (or substantially similar) design and color of utility poles and light standards shall be used wherever practicable; the installation of additional utility poles is strongly discouraged.
H. 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. (Ord. 07-2463, 11-19-2007)
I. Ground-Mounted Equipment Spacing Requirements: Ground-mounted equipment, where necessary, shall be sited in locations approved by the Director of Municipal Services, in a manner that will most effectively minimize public impact, optimize safety, and incorporate aesthetic concerns. (Ord. 18-2929, 7-23-2018)