A. General Requirements.
1. No Interference with Village Facilities. No utility facilities shall be placed in any location if the Director of Engineering or the Director of Water & Electric determines that the proposed facility 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. Underground Services Required. Except as provided in this section 14.04.150, no overhead facilities shall be installed, replaced or upgraded within the Village. In the event the Village places its overhead electric facilities underground, all other utility services located on the same poles that were vacated by the Village shall be placed underground at the service provider’ s expense.
B. Overhead Facilities. An overhead facility may be allowed to remain within the right-of-way lines of a highway only if:
1. The Village’s Electric Utility System has overhead electrical lines running parallel to the same right-of-way lines at the same location;
2. The proposed overhead parallel facility is for the routine repair or maintenance of existing overhead facilities and does not increase the capacity of the existing lines or add additional overhead lines;
3. The overhead parallel facility will not require the installation of any new poles or lines;
4. The owner of the facility has a current pole line agreement with the Village; and
5. The line will have a minimum vertical line clearance as required by ICC’s rules entitled, “Construction of Electric Power and Communication Lines” (83 Ill.Adm.Code § 305.)
C. Underground Parallel Facilities. An underground facility may be located within the right-of-way lines of a highway, provided the following conditions are met:
1. 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);
2. The location will comply with subsection A of this section and with all other applicable location requirements;
3. The facility is located as near the right-of-way line as practicable and not more than eight (8) feet (2.4 m) from and parallel to the right-of-way line; and
4. In the case of an underground communications line, the facility shall be located as near the right-of-way line as practicable and not more than five (5) feet (1.5 m) from the right-of-way line and any above-grounded appurtenance shall be located within one foot (0.3 m) of the right-of-way line or as near as practicable.
D. 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. Culverts or Other Storm Drainage Facilities. Crossing facilities shall not be located in culverts, or other storm drainage facilities.
3. 90 Degree Crossing Required. Crossing facilities shall cross at or as near to a ninety (90) degree angle to the centerline as practicable.
4. Overhead Communication Facilities. An overhead communication facility may cross a highway only if:
a. The Village’s Electric Utility System has overhead electrical lines crossing the same highway at the same location;
b. The proposed overhead facility is for the routine repair or maintenance of existing overhead facilities and does not increase the capacity of the existing lines or add additional overhead lines;
c. The overhead parallel facility will not require the installation of any new poles;
d. The owner of the communication facility has a current pole line agreement with the Village;
e. The line will have a minimum vertical line clearance as required by ICC’s rules entitled, “Construction of Electric Power and Communication Lines” (83 Ill.Adm.Code § 305): and
f. Overhead crossings at major intersections are avoided.
5. Underground Communication Facility. An underground communication facility may cross a highway only if:
a. The design materials and construction methods will provide maximum maintenance-free service life;
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 C.F.R. § 192.707 (1989)).
E. Facilities to Be Located Within Particular Rights-of-Way. The Village may require that facilities be located within particular rights-of-way that are not highways, rather than within particular highways.
F. Freestanding Facilities.
1. The Village may restrict the location and size of any freestanding facility located within a right-of-way or other public place.
2. All freestanding facilities located within a right-of-way shall be located underground, except as provided in subsections G and H of this section.
3. Freestanding utilities shall be prohibited in the following locations:
a. on or above any sidewalk within the Village;
b. on or above any sidewalk or parkway located adjacent to any school or church;
c. on or above any sidewalk or parkway on any right-of-way located within an area zoned for commercial or multi-family residential use pursuant to Title 17 of this Code;
d. within 10 feet of any tree located on a parkway; and
e. within the drip line of any tree on public or private property that is considered a protected tree under chapter 15.28 of this Code.
4. No freestanding facilities shall be permitted within any right-of-way without the prior approval of the Village Council, as provided in subsection H of this section.
5. The owner of any freestanding facility shall promptly comply with the reasonable requests of the Director of Engineering, with respect to the location and screening of such facilities within any right-of-way.
G. Appearance Standards.
1. The Village may prohibit the installation of facilities in particular locations in order to preserve visual quality.
2. A free-standing facility may be installed or constructed only if:
a. The Director of Engineering or his or her designee determines that the proposed construction does not require extensive removal or alteration of trees or other landscape features that are visible to adjacent property owners, and to pedestrians, drivers and passengers on the adjoining roadway or sidewalk; and
b. The Design Review Board has reviewed the proposed site plan and landscaping plan and has determined that:
i. The proposed landscape plan provides adequate visual screening with approved landscape materials;
ii. The facilities will be located and colored to minimize their appearance to the greatest extent practicable; and
iii. The installation or construction of the facilities will not impair the aesthetic quality of the lands being traversed and will otherwise comply with the Village of Winnetka Design Guidelines.
H. Above Ground Facilities. Above ground facilities, including but not limited to freestanding facilities, may be installed only if the installation is approved in advance by the Village Council, in accordance with the provisions of this subsection.
1. Notice of the Village Council meeting at which the application is considered shall be given to the owners and occupants of all properties located within 250 feet of the proposed location.
2. No permit shall be issued for the installation of above ground facilities unless the Village Council has determined that the applicant has demonstrated that the proposed installation meets all of the criteria set forth in paragraph 2 of this subsection.
a. No other existing facilities in the area are located underground;
b. New underground installation is not technically feasible;
c. 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;
d. The proposed installation shall include suitable landscaped screening, which shall be depicted in a landscape plan;
e. The proposed installation shall not be located within 10 feet of any tree located on a parkway, or within the drip line of any tree on public or private property that is considered a protected tree under chapter 15.28 of this Code;
f. The proposed installation of overhead lines will use existing poles, the Village’ s electric utility lines are still located on such poles, and the applicant has entered into a pole sharing agreement with the Village and is in full compliance with that agreement;
g. The proposed installation complies with the appearance standards set forth in subsection G of this section;
h. 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 shall be used;
i. The proposed location will cause only the minimum possible interference with the use of the right-of-way and will cause only the minimum possible impact upon, and interference with the rights and reasonable convenience of property owners who adjoin said right-of-way;
j. The placement of the facilities in the proposed location will not interfere with the usual travel on such right-of-way; and
k. The placement of the facilities in the proposed location will not limit the visibility of vehicular and/or pedestrian traffic within such right-of-way.
I. 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, and existing poles, cable supports or 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 that submits a request to accommodate a facility installation on a bridge or roadway structure shall include in its request 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.
3. The applicant shall provide evidence satisfactory to the Village that it has obtained all necessary approvals for any work on any bridge or roadway structure that is not owned by the Village.
(MC-5-2020, § 16, Amended 11/17/2020; MC-15-2007, Amended, 11/20/2007; MC-10-2007, Added, 07/10/2007)