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), (4) materially increases the space occupied by the facility, or (4) expands the capacity of the facility to provide any service not previously provided through that facility, without first filing an application with the Director of Engineering and obtaining a permit from the Village therefor, except as otherwise provided in this chapter. 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 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.
C. Municipal Utility Services. Unless otherwise provided by law, no person shall be permitted to construct or install any utility facilities for the purpose of providing an alternative to any municipal utility services or to enter into competition with the Village in providing any utility service.
D. 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, 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 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 14.04.080 of this chapter;
8. Evidence of posting of the performance security as required in section 14.04.100 of this chapter;
9. Any request for a variance from one or more provisions of this chapter (See Section 14.210); and
10. Such additional information as may be reasonably required by the Village.
E. 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 communications, telecommunications, cable television service, video service or natural gas distribution system by any person other than the Village, 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; and
3. 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.
F. 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 Village within thirty (30) days after the change necessitating the amendment.
G. Fees. Unless otherwise provided by franchise, license, or similar agreement, all applications for permits pursuant to this chapter shall be accompanied by the permit application fee and all other applicable fees as provided in section 14.04.220 of this chapter. No application fee is required to be paid by any telecommunications retailer that is paying the Simplified Municipal Telecommunications Tax pursuant to chapter 4.40 of this Code, unless the permit is for the installation of equipment for video services pursuant to a certificate issued by the State of Illinois.
H. Notice of Application. If the application seeks a permit for the installation of above ground or free standing facilities, the application shall be accompanied by proof that the applicant has notified the owners and occupants of all properties located within 250 feet of the proposed location. Such notice shall include a site plan of the location of the proposed work, the dimensions of the equipment proposed to be installed, and a statement that the installation is subject to Council approval pursuant to section 14.04.150 (I) of this chapter.
(MC-5-2020, § 14, Amended 11/17/2020; MC-15-2007, Amended, 11/20/2007; MC-10-2007, Added, 07/10/2007)