A. Purpose. The purpose of this chapter is to establish policies and procedures for constructing facilities on rights-of-way within the Village’ s jurisdiction, which will provide public benefit consistent with the preservation of the integrity, safe usage, and visual qualities of the Village rights-of-way and the Village as a whole.
B. Intent. In enacting this chapter, the Village intends to exercise, to the fullest extent permitted by applicable law, its full authority over the public rights-of-way in the Village 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, to:
1. prevent interference with the lawful use of streets, sidewalks, alleys 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 Village’s utilities and of other utilities lawfully located in public 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 run-off 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 Village’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 Chapter. This chapter applies to all facilities belonging to or used by any person other than the Village of Winnetka and located on, over, above, along, upon, under, across or within any public right-of-way within the corporate limits of the Village. Any facility lawfully established prior to July 10, 2007, may be maintained, repaired and operated by the utility as then constructed and located, except as may be otherwise provided in this chapter, and in any applicable franchise, license or similar agreement. This chapter does not apply to any municipal utility services, which are subject to the applicable provisions of Titles 13 and 15 of this Code.
D. Franchises, Licenses, or Similar Agreements. The Village, in its discretion and as limited by law, may require utilities to enter into a franchise, license or similar agreement for the privilege of locating their facilities on, over, above, along, upon, under, across or within any part of a Village right-of-way. Utilities that are not required by law to enter into such an agreement may request that the Village enter into such an agreement. In such an agreement, the Village may provide for terms and conditions inconsistent with this chapter.
E. Effect of Franchises, Licenses, or Similar Agreements. In the event that a provision of this chapter conflicts or is inconsistent with any provision of a valid franchise, license or similar agreement between a utility and the Village, the provision 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 Chapters. This chapter supersedes all chapters or parts of chapters of this Code that were adopted prior to this chapter, to the extent such other chapters or parts of chapters conflict with this chapter.
G. Conflicts with State and Federal Laws. In the event that applicable federal or State laws or regulations conflict with the requirements of this chapter, any utility subject to this chapter shall comply with the requirements of this chapter to the maximum extent possible without violating federal or State laws or regulations.
H. Sound Engineering Judgment. The requirements expressed in this chapter reflect the sound engineering judgment of the Village. Nothing herein shall be construed to limit the ability of the Village to regulate its rights-of-way for the protection of the public health, safety and general welfare and the Village reserves the sole right and discretion to amend or vary the standards and conditions stated in this chapter whenever it determines that such change or variance is in the best interests of the public health, safety and welfare.
(MC-15-2007, Amended, 11/20/2007; MC-10-2007, Added, 07/10/2007)