A. General:
1. Purpose: The purpose and intent of this section is to:
a. Permit and manage reasonable access to the public ways of the village for telecommunications and utility purposes on a competitively neutral basis;
b. Conserve the limited physical capacity of the public ways held in public trust by the village;
c. Assure that the village can continue to fairly and responsibly protect the public health, safety and welfare;
d. Enable the village to discharge its public trust consistent with rapidly evolving federal and state regulatory policies, industry competition and technological development;
e. Assure that the village's current and ongoing costs of granting and regulating private access to and use of the public ways are fully paid by the persons seeking such access and causing such costs;
f. Secure fair and reasonable compensation to the village and the residents of the village for permitting private use of the public ways;
g. Assure that all telecommunications carriers and utility providers providing facilities or services within the village comply with the ordinances, rules and regulations of the village. In the event that applicable federal or state laws or regulations conflict with the requirements of this section, the requirements of this section shall apply to the maximum extent possible without violating said federal or state laws or regulations;
h. Establish a local policy concerning telecommunications and utility facilities and services;
i. Establish clear local guidelines, standards and time frames for the exercise of local authority with respect to the regulation of facilities;
j. Minimize unnecessary local regulation of telecommunications, cable and video service providers, and utility facilities and services;
k. Encourage the provision of advanced and competitive services on the widest possible basis to the businesses, institutions and residents of the village;
l. Promote competition.
2. Definitions: For the purposes of this section, the following terms, phrases, words, and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. Any term not defined herein shall have the meaning ascribed to it in 92 Illinois administrative code section 530.30, the Illinois municipal code, the Illinois simplified municipal telecommunications act, the Illinois telephone company act, the cable and video competition law of 2007 and the Illinois highway code, unless the context clearly requires otherwise. In the event that a term is not defined by this subsection or the above cited, said term shall have its common and ordinary meaning:
ABOVEGROUND SERVICE FACILITY: A structure located on or above the surface of the ground, including any cabinet and the underground supports and foundations for such structure, that is used by a public utility or service provider to supply some public need or demand such as power, water, gas, telecommunications or similar benefit. For the purposes of this title, an aboveground service facility is one located within the public right of way.
AFFILIATE: A person that (directly or indirectly) owns or controls, is owned or controlled by, or is under common ownership or control with another person.
APPLICANT: A person applying for a permit under this section.
BACKFILL: The methods or materials for replacing excavated material in a trench or pit.
BORE OR BORING: Excavate an underground cylindrical cavity for the insertion of pipe or electrical conductors. Bore or boring shall include directional boring as approved by the village engineer.
CABLE ACT: The cable communications policy act of 1984, 47 USC 532 et seq., as now and hereafter amended, or any successor act(s) thereto.
CABLE AND VIDEO COMPETITION LAW OF 2007: 220 Illinois Compiled Statutes 5/21-100 et seq., as the same may be amended from time to time.
CABLE OR VIDEO SERVICE: For the purpose of this section shall have the same meaning provided by the cable and video competition law of 2007.
CARRIER PIPE: The pipe enclosing the liquid, gas, or slurry to be transported.
CLEAR ZONE: The total roadside border area, starting at the edge of the pavement, available for safe use by errant vehicles. This area may consist of a shoulder, a recoverable slope, a nonrecoverable slope, and a clear run out area. The desired width is dependent upon the traffic volumes and speeds, and on the roadside geometry. Distances are specified in the AASHTO "Roadside Design Guide".
COMPETITIVE CABLE SERVICE OR VIDEO SERVICE PROVIDER: Shall have the meaning ascribed thereto by the cable and video competition law of 2007, section 5/21-201(h).
CONSTRUCTION OR CONSTRUCT: The installation, repair, maintenance, placement, alteration, enlargement, demolition, modification or abandonment of facilities.
CORPORATE AUTHORITIES: The mayor and board of trustees of the village.
COVER: The depth of earth or backfill over buried utility pipe or conductor.
DIRECTIONAL BORING: Pushing a pipe through the earth using water under pressure to create a cavity ahead of the pipe.
DISRUPT OR DISRUPTION OF THE RIGHT OF WAY OR PUBLIC WAY: Any work or construction that obstructs the right of way or causes a material adverse effect on the use of the right of way for its intended use. Such work may include, without limitation, the following: excavating or other cutting; placement (whether temporary or permanent) of materials, equipment, devices, or structures; damage to vegetation; and compaction or loosening of the soil, and shall not include the parking of vehicles or equipment in a manner that does not materially obstruct the flow of traffic on a highway.
EMERGENCY: Any immediate maintenance or construction required for the safety of the public using or in the vicinity of the right of way.
ENCASEMENT: The provision of a protective casing.
EQUIPMENT: The materials, tools, implements, supplies, and/or other items used to facilitate construction of facilities.
EXCAVATION: The making of a hole or cavity by removing material, or laying bare by digging.
EXCESS CAPACITY: The volume or capacity in any existing or future duct, conduit, manhole, handhole or other utility facility within the public way that is or will be available for use for additional facilities.
EXTRA HEAVY PIPE: A pipe meeting ASTM standards for this pipe designation.
FCC OR FEDERAL COMMUNICATIONS COMMISSION: The federal administrative agency, or lawful successor, authorized to regulate and oversee telecommunications carriers, services and providers on a national level.
FACILITY: The plant, equipment and property, including, but not limited to, the poles, pipes, mains, conduits, ducts, cables, wires, plant and equipment located under, on or above the surface of the ground within the public ways of the village, including, but not limited to, freestanding facilities and aboveground facilities.
FREESTANDING FACILITY: A facility that is not a crossing facility or a parallel facility, such as an antenna, vault, box, cabinet, equipment enclosure, pedestal, transformer, pump, or meter station.
FRONTAGE ROAD: A roadway, usually parallel, providing access to land adjacent to the highway where it is precluded by control of access on highway.
HAZARDOUS MATERIALS: Any substance or material which, due to its quantity, form, concentration, location, or other characteristics, is determined by the village engineer to pose an unreasonable and imminent risk to the life, health or safety of persons or property or to the ecological balance of the environment, including, but not limited to, explosives, radioactive materials, petroleum or petroleum products or gases, poisons, etiology (biological) agents, flammables, corrosives or any substance determined to be hazardous or toxic under any federal or state law, statute or regulation.
HIGHWAY: A type of right of way used for vehicular traffic including rural or urban roads or streets. "Highway" includes all highway land and improvements, including roadways, ditches and embankments, bridges, drainage structures, signs, guardrails, protective structures and appurtenances necessary or convenient for vehicle traffic.
HIGHWAY CODE: The Illinois highway code, 605 Illinois Compiled Statutes 5/1-101 et seq., as amended from time to time.
HOLDER: A competitive cable or video service provider that has obtained a state issued authorization from the ICC pursuant to section 5/21-401 of the competitive cable and video law of 2007.
ICC OR ILLINOIS COMMERCE COMMISSION: The state administrative agency, or lawful successor, authorized to regulate and oversee telecommunications carriers, services and providers and utility services and providers in the state of Illinois.
JULIE: The joint utility locating information for excavators utility notification program.
JACKING: Pushing a pipe horizontally under a roadway by mechanical means with or without boring.
OTHER WAYS: The highways, streets, alleys, utility easements or other rights of way within the village, but under the jurisdiction and control of a governmental entity other than the village.
OVERHEAD FACILITIES: Utility poles, facilities located above the surface of the ground, including the underground supports and foundations for such facilities.
PARALLEL FACILITY: A facility that is generally parallel or longitudinal to the centerline of a right of way.
PARKWAY: Any portion of the right of way not improved by street or sidewalk.
PAVEMENT CUT: The removal of an area of pavement for access to a facility or for the construction of a facility.
PERMITTEE: The entity to which a permit has been issued pursuant to this section.
PERSONAL WIRELESS SERVICE FACILITIES: Equipment at a fixed location that enables personal wireless service between user equipment and a communications network, including, but not limited to: a) equipment associated with personal wireless services such as private broadcast and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul; and b) telecommunications tower, radio transceivers, antennas, coaxial or fiber optic cable, regular and backup power supplies and comparable equipment, regardless of technological configuration.
PERSONAL WIRELESS SERVICES: Any technologies defined in 47 USC 332(c)(7), including commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services, provided to personal mobile communication devices through wireless facilities or any fixed mobile wireless services provided using personal wireless service facilities.
PETROLEUM PRODUCTS PIPELINES: Pipelines carrying crude or refined liquid petroleum products including, but not limited to, gasoline, distillates, propane, butane, or coal slurry.
PRACTICABLE: That which is performable, feasible or possible, rather than that which is simply convenient.
PRESSURE: The internal force acting radially against the walls of a carrier pipe expressed in pounds per square inch gauge (psig).
PROMPT: That which is done within a period of time specified by the village. If no time period is specified, the period shall be thirty (30) days.
PUBLIC ENTITY: A legal entity that constitutes or is part of the government, whether at local, state or federal level.
PUBLIC IMPROVEMENTS STANDARDS MANUAL: The village of Woodridge "Standards And Specifications For Public And Private Improvements", as amended from time to time.
PUBLIC STREET: Any highway, street, alley or other public right of way for motor vehicle travel under the jurisdiction and control of the village which has been acquired, established, dedicated or devoted to highway purposes not inconsistent with facilities.
PUBLIC WAY: Means and includes all public streets and utility easements, as those terms are defined herein, now or hereafter owned by the village, but only to the extent of the village's right, title, interest or authority to grant a license or franchise to occupy and use such streets and easements for facilities.
RESTORE OR RESTORATION: The repair of a right of way, highway, roadway, or other area disrupted by the construction of a facility to the same condition or state prior to the disruption taking place.
SCREENING: Solid wall, fence or densely planted compact hedge not less than five feet (5') in height.
SOUND ENGINEERING JUDGMENT: A decision(s) consistent with generally accepted engineering principles, practices and experience.
STATE ISSUED AUTHORIZATION: The authorization to offer or provide cable or video service from the ICC pursuant to section 5/21-401 of the cable and video competition law of 2007.
SURPLUS SPACE: That portion of the usable space on a utility pole which has the necessary clearance from other pole users, as required by the orders and regulations of the Illinois commerce commission, to allow its use by a utility and/or telecommunications carrier for a pole attachment.
TELECOMMUNICATION TOWER: Any freestanding structure that is designed and constructed primarily for the purpose of supporting one or more antennas. This term includes, but is not limited to, radio and television transmission towers, microwave towers, common carrier towers, cellular phone towers, alternative tower structures, and other wireless communication towers.
TELECOMMUNICATIONS: Includes, but is not limited to, messages or information transmitted through use of local, toll, and wide area telephone service, channel services, telegraph services, teletypewriter service, computer exchange service, private line services, cellular mobile telecommunications service, specialized mobile radio, stationary two-way radio, paging service, or any other form of mobile and portable one-way or two-way communications, or any other transmission of messages or information by electronic or similar means, between or among points by wire, cable, fiber optics, laser, microwave, radio, satellite, or similar facilities. "Telecommunications" shall not include value added services in which computer processing applications are used to act on the form, content, code, and protocol of the information for purposes other than transmission. Notwithstanding the foregoing, telecommunications shall not include: a) the purchase of telecommunications by a telecommunications service provider for use as a component part of the service provided by such provider to the ultimate retail consumer who originates or terminates the end to end communications; b) the provision of cable services through a cable system as defined in the cable communications act of 1984 (47 USC section 521 and following) as now or hereafter amended; and c) cable or other programming services subject to an open video system fee payable to the village through an open video system as defined in the rules of the federal communications commission (47 CFR 76.1500 et seq.) as now or hereafter amended.
TELECOMMUNICATIONS FACILITIES: The plant, equipment and property, including, but not limited to, cables, wires, conduits, ducts, pedestals, antennas, electronics and other appurtenances used or to be used to transmit, receive, distribute, provide or offer telecommunications service. All personal wireless service facilities are telecommunications facilities.
TELECOMMUNICATIONS PROVIDER: Every person that installs, owns, operates or controls telecommunication facilities in the public right of way.
TELECOMMUNICATIONS RETAILER: Every person engaged in making sales of telecommunications at retail as defined herein.
TELECOMMUNICATIONS SERVICE OR SALE OF TELECOMMUNICATIONS AT RETAIL: The transmitting, supplying, or furnishing of telecommunications and all services rendered in connection therewith for a consideration, other than between a parent corporation and its wholly owned subsidiaries or between wholly owned subsidiaries, when the gross charge made by one such corporation to another such corporation is not greater than the gross charge paid to the retailer for their use or consumption and not for sale.
TELECOMMUNICATIONS SYSTEM: See definition of Telecommunications Facilities.
UNDERGROUND FACILITIES: Facilities located under the surface of the ground, excluding the underground foundations or supports for overhead facilities.
USABLE SPACE: The total distance between the top of a utility pole and the lowest possible attachment point that provides the minimum allowable vertical clearance as specified in the orders and regulations of the Illinois commerce commission.
UTILITY EASEMENT: Any easement owned by the village and acquired, established, dedicated or devoted for public utility purposes not inconsistent with facilities.
UTILITY FACILITIES: The plant, equipment and property, including, but not limited to, the poles, pipes, mains, conduits, ducts, cables, wires, plant and equipment located under, on or above the surface of the ground within the public ways of the village and used or to be used for the purpose of providing utility or telecommunications services.
UTILITY POLE: A structure owned or operated by a public utility, as defined by 220 Illinois Compiled Statutes 5/3-105, or a municipality as defined by 65 Illinois Compiled Statutes 5/1-1-2, that is designed specifically for and used to carry lines, cables or wires for telecommunications, cable, electricity or to provide lighting.
UTILITY PROVIDER: Means and includes every person who owns, controls, operates or manages, directly or indirectly, for public use, any plant, equipment or property used or to be used for or in connection with the production, storage, transmission, sale, delivery or furnishing of heat, cold, power, electricity, water, gas or light, the disposal of sewerage, or the conveyance of oil or gas by pipeline; provided, however, that the village shall not be deemed to be a utility provider for the purposes of this section.
UTILITY SERVICE: The providing or offering, directly or indirectly, for public use, of the production, storage, transmission, sale, delivery or furnishing of heat, cold, power, electricity, water, gas or light, the disposal of sewerage, or the conveyance of oil or gas by pipeline; provided, however, that the provision or offering of such service by the village shall not be deemed to be utility service for the purposes of this section.
VENT: A pipe to allow the dissipation into the atmosphere of gases or vapors from an underground facility.
VILLAGE PROPERTY: Means and includes all real property owned by the village, other than public streets and utility easements as those terms are defined herein, and all property held in a proprietary capacity by the village, which are not subject to right of way licensing and franchising as provided in this section.
3. Telecommunications License: Except as otherwise provided herein, any telecommunications carrier, provider or retailer who desires to construct, install, operate, maintain, or otherwise locate telecommunications facilities in, under, over or across any public ways of the village shall first obtain a license granting the use of such public ways from the village pursuant to subsection B of this section.
4. Pass-Through License: Except as otherwise provided herein, any utility provider or competitive cable service or video service provider who desires to construct, install, operate, maintain, or otherwise locate utility or cable television facilities in, under, over or across any public ways of the village for the sole purpose of providing its services to persons and areas outside the village shall first obtain a license granting the use of such public ways from the village pursuant to subsection C of this section.
5. Utility Franchise: Except as otherwise provided herein, any utility provider who desires to construct, install, operate, maintain or otherwise locate utility facilities in, under, over or across any public way of the village, and to also provide utility service to persons or areas in the village, shall first obtain a franchise granting the use of such public ways from the village pursuant to subsection D of this section.
6. Cable Television Franchise Agreement Or State Issued Authorization: Except as otherwise provided herein, any competitive cable service or video service provider who desires to construct, install, operate, maintain or locate facilities in any public way of the village for the purpose of providing cable or video service to persons in the village shall first obtain a cable franchise from the village or obtain state issued authorization pursuant to the cable and video competition law of 2007. For the purposes of this section, including, but not limited to, the requirements and standards set forth in subsection D of this section, a holder shall be treated as if it was a franchisee.
7. Annual Update: Telecommunications provider, competitive cable service, video service provider, and utility that occupies public ways within the village shall, on January 1 of each year, update the director of public works, in writing, with name, address and regular business telephone and facsimile (fax) numbers, the name of one or more contact persons who can act on behalf of the telecommunications provider, competitive cable service, video service provider, and utility in connection with emergencies involving their facilities in the public way, and a twenty four (24) hour telephone number for each such person, together with evidence of insurance as required in subsection G18 of this section, in the form of a certificate of insurance.
8. Application To Existing Franchise Ordinances And Agreements: This section shall not be deemed or construed to repeal or amend any existing franchise ordinance or franchise agreement, and the same shall remain in full force and effect, until the expiration of said franchise ordinance or agreement or termination thereof. In the event that an existing franchise agreement is silent with regard to standards and conditions, or a long term course of dealing does not exist for an in force franchise, this section shall apply.
9. Sound Engineering Judgment: The village shall use sound engineering judgment when administering this section, may vary the standards, conditions, and requirements herein when the director of public works or village engineer determines that application of the standards, conditions and requirements herein are substantially impractical and inconsistent with sound engineering practices. Such variations shall not include variations from any permit prohibitions. Nothing herein shall be construed to limit the ability of the village to regulate its public ways for the protection of the public health, safety and welfare.
10. Other Remedies: Nothing in this section shall be construed as limiting any judicial remedies that the village may have, at law or in equity, for enforcement of this section.
B. Telecommunications License:
1. Telecommunications License: A telecommunications license shall be required of any telecommunications carrier, provider or retailer who desires to occupy any public ways of the village.
2. License Application: Any person that desires a license pursuant to this subsection B shall file an application with the village which shall include the following information:
a. The identity of the license applicant, including all affiliates of the applicant which will make use of the public ways.
b. A description of the telecommunications services that are or will be offered or provided by licensee over its telecommunications facilities.
c. A completed application for construction permit, including all of the required information and materials as set forth in subsections G and H of this section.
d. Information to establish that the applicant has obtained all other governmental approvals and permits to construct and operate the facilities, including 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.
e. Such other information as may be required by the village engineer.
3. Determination By Village: After receipt of a complete application which complies with the requirements of this subsection B, and within such time as required under the cable and video competition law of 2007, or other applicable law, the corporate authorities shall approve a written license agreement and the director of public works shall issue associated construction permits so as to grant the application as requested or with specified modifications. The determination to approve the license agreement and issue the permits shall be based upon the applicant's compliance with the requirements of this section, the capacity of the public ways to accommodate the applicant's proposed facilities and the damage or disruption, if any, which would result to public or private facilities, improvements, or services. In the event that an application is received which is not complete or does not comply with the requirements of this section, the director of public works or his designee shall so notify the applicant within forty five (45) days after the receipt of said application, or such other time as required by applicable law, specifying the deficiencies and directing the applicant to correct the same.
Where the work proposed will be performed in phases in multiple locations, the village, in its sole discretion, may authorize a master license agreement in lieu of a license agreement for each location.
4. Acceptance: No license, or associated construction permits, granted under this subsection B shall be effective until the applicant files with the village a written acceptance of such license.
5. Nonexclusive Grant: No license granted under this subsection B shall confer any exclusive right, privilege, license or franchise to occupy or use the public ways of the village for any purposes.
6. Rights Granted: No license granted under this subsection B shall convey any right, title or interest in the public ways, but shall be deemed a license only to use and occupy the public ways for the limited purposes and term stated in the grant. Further, no license shall be construed as any warranty of title.
7. License Route: A license granted under this subsection B shall be limited to the specific public ways and portions thereof set forth therein.
8. Construction Of Facilities: Unless otherwise specified in the license, all facilities shall be constructed, installed and located in accordance with the conditions and standards set forth in this section.
9. Additional Requirements For Personal Wireless Service Facilities:
a. No telecommunications tower used to support personal wireless service facilities shall be permitted in any public way.
b. Personal wireless service facilities may be located on an existing utility pole that is within the public way. Personal wireless service facilities shall comply with aboveground service facilities requirements as set forth herein and subject to the following conditions:
(1) The addition of said personal wireless service facilities does not exceed more than seven feet (7') above the height of the existing utility pole to which it is attached.
(2) No guy or other support wires shall be used in connections with such personal wireless service facilities.
(3) Personal wireless service facilities antenna and related equipment shall not exceed seven (7) square feet in antenna surface area or seven feet (7') in any dimension.
(4) Replacement utility poles can be placed at the same height as the existing utility pole to accommodate personal wireless service facilities.
(5) Personal wireless service facilities, including antenna and related equipment, shall be a color that blends with the surroundings of the existing utility pole on which it is mounted. Any wiring on the utility pole must be covered with an appropriate cover or cable shield.
(6) Not more than one personal wireless service facility may be located on an existing single utility pole.
(7) No personal wireless facility shall be installed within three hundred feet (300') of an existing personal wireless facility or within three hundred feet (300') of a site specific location already granted a permit for a personal wireless facility.
(8) If installation is to be located on a utility pole owned by the village, the licensee shall install a separate meter measuring electricity usage and shall pay the utility directly for its power consumption. If the licensee requests to use the existing service, the village, in its sole discretion, may consent to such use; however, it is the licensee's responsibility to obtain all required approvals from the utility provider, and the licensee shall be responsible for all costs related to the licensee's use of the existing service, as determined by the village.
(9) Facilities mounted on an existing utility pole of a current franchisee or licensee with the written permission of the franchisee or licensee, regardless of the terms and conditions of any existing franchise or license agreement with the village shall be allowed, so long as the owner of the personal wireless service facility has entered into a license agreement as required by this section and secured a permit as required by this section. An applicant for a permit shall submit its written agreement with the franchisee or licensee which owns the existing utility pole as part of its permit application.
10. Term Of Grant: A license under this subsection B shall be granted for a specific term, not to exceed ten (10) years. Upon the written request of the licensee, and provided that the licensee is in compliance with the requirements of this code and the terms of the license, such license may be renewed for successive periods, not to exceed ten (10) years.
11. Compensation To Village: Each license granted under this subsection B is subject to the licensee's payment of compensation to the village in accordance with all ordinances of the village and other applicable law; to the extent permitted by law, the village reserves the authority to annually fix a fair and reasonable compensation to be paid by the licensee.
C. Pass-Through Licenses:
1. Pass-Through License: A pass-through license shall be required of any utility provider or competitive cable service or video service provider who desires to occupy public ways of the village for the purpose of providing utility or cable or video services solely to persons or areas outside the village.
2. License Application: Any person that desires a license pursuant to this subsection C shall file an application with the village which shall include the following information:
a. The identity of the license applicant, including all affiliates of the applicant which will make use of the public ways.
b. A description of the services that are or will be offered or provided by licensee over its facilities.
c. A description of the transmission medium that will be used by the licensee to offer or provide such services.
d. Preliminary engineering plans, specifications and a network map of the facilities to be located within the village, all in sufficient detail to identify:
(1) The location and route requested for applicant's proposed facilities.
(2) The location of all overhead and underground public utility, telecommunication, cable, water, sewer, drainage and other facilities in the public way along the proposed route.
(3) The locations, if any, for interconnection with the facilities of other competitive cable service or video service providers, telecommunications carriers and/or utility providers.
(4) The specific trees, structures, improvements, facilities and obstructions, if any, that applicant proposes to temporarily or permanently remove or relocate.
e. If applicant is proposing to install overhead facilities, evidence that surplus space is available for locating its facilities on existing utility poles along the proposed route.
f. If applicant is proposing an underground installation in existing ducts, conduits or other underground facilities within the public ways, information in sufficient detail to identify:
(1) The excess capacity currently available in such facilities before installation of applicant's facilities;
(2) The excess capacity, if any, that will exist in such facilities after installation of applicant's facilities.
g. If applicant is proposing an underground installation within new ducts, conduits or other underground facilities to be constructed within the public ways:
(1) The location proposed for the new ducts, conduits or other underground facilities;
(2) The excess capacity that will exist in such ducts, conduits or other underground facilities after installation.
h. A preliminary construction schedule and completion date.
i. A preliminary traffic control plan in accordance with the IDOT "Manual On Uniform Traffic Control Devices".
j. Financial statements prepared in accordance with generally accepted accounting principles demonstrating the applicant's financial ability to construct, operate, maintain, relocate and remove the facilities.
k. Information in sufficient detail to establish the applicant's technical qualifications, experience and expertise regarding the facilities and services described in the application.
l. Information to establish that the applicant has obtained all other governmental approvals and permits to construct and operate the facilities and to offer or provide the telecommunications and/or utility services.
m. All fees, deposits or charges required pursuant to subsection F of this section.
n. Such other and further information as may be required by the village administrator.
To the extent that the applicant claims that any such information is proprietary, privileged or confidential, or that disclosure of such information may cause competitive harm, or such information consists of architects' plans or engineers' technical submissions, so as to be exempt from inspection or copying under the freedom of information act, the applicant shall specifically and conspicuously indicate such claim(s) on the item(s) submitted to which such claim(s) applies.
3. Determination By The Village: Within one hundred twenty (120) days after receiving a complete application under subsection C2 of this section, or such earlier time period required by any applicable federal or state law, the corporate authorities shall issue a written determination granting, granting with modifications and/or conditions, or denying the application in whole or in part, applying the following standards. If the application is denied, the written determination shall include the reasons for denial.
a. The financial and technical ability of the applicant.
b. The legal ability of the applicant.
c. The capacity of the public ways to accommodate the applicant's proposed facilities.
d. The capacity of the public ways to accommodate additional facilities if the license is granted.
e. The damage or disruption, if any, of public or private facilities, improvements, service, travel or landscaping if the license is granted.
f. The public interest in minimizing the cost and disruption of construction within the public ways.
g. The service that applicant will provide to the community and region.
h. The effect, if any, on public health, safety and welfare if the license is granted.
i. The availability of alternate routes and/or locations for the proposed facilities.
j. Applicable federal and state laws, regulations and policies.
k. Such other factors as may demonstrate that the grant to use the public ways will serve the community interest.
4. Agreement: No license granted under this subsection C shall be effective until the applicant and the village have executed a written agreement setting forth the particular terms and provisions under which the license to occupy and use public ways of the village will be granted.
5. Nonexclusive Grant: No license granted under this subsection C shall confer any exclusive right, privilege, license or franchise to occupy or use the public ways of the village for any purposes.
6. Rights Granted: No license granted under this subsection C shall convey any right, title or interest in the public ways, but shall be deemed a license only to use and occupy the public ways for the limited purposes and term stated in the grant. Further, no license shall be construed as any warranty of title.
7. Term Of Grant: Unless otherwise specified in a license agreement, a license granted under this subsection C shall be in effect for a term of five (5) years.
8. License Route: A license granted under this subsection C shall be limited to a grant of specific public ways and defined portions thereof.
9. Construction Standards: Unless otherwise specified in a license agreement, all facilities shall be constructed, installed and located in accordance with subsections G and H of this section.
10. Construction Permits: All licensees under this subsection C are required to obtain construction permits as provided in subsection G of this section, provided, however, that nothing in this section shall prohibit the village and a licensee from agreeing to alternative plan review, permit and construction procedures in a license agreement, provided such alternative procedures provide substantially equivalent safeguards for responsible construction practices.
11. Compensation To Village: Each license granted under this subsection C is subject to the village's right, which is expressly reserved, to annually fix a fair and reasonable compensation to be paid for the license rights granted to the licensee; provided, nothing in this section shall prohibit the village and a licensee from agreeing to the compensation to be paid.
12. Service To Village Users: A licensee under this subsection C may be permitted to offer or provide utility or cable or video services to persons or areas within the village upon submitting an application for and obtaining a franchise pursuant to subsection D or E of this section, as appropriate.
13. Amendment Of Grant:
a. A new license application and grant or amendment shall be required of any licensee that desires to extend or locate its facilities in public ways of the village which are not included in a license previously granted under this subsection C.
b. If the village orders a licensee to locate or relocate its facilities in public ways not included in a previously granted license, the village shall grant a license amendment without further application.
14. Renewal Applications: A licensee that desires to renew its license under this subsection C shall, not more than one hundred eighty (180) days nor less than ninety (90) days before expiration of the then current license, file an application with the village for renewal of its license which shall include the following information:
a. The information required pursuant to subsection C2 of this section.
b. Any information required pursuant to the license agreement between the village and the licensee.
15. Renewal Determinations: Within ninety (90) days after receiving a complete application under subsection C14 of this section, the corporate authorities shall issue a written determination granting, granting with modifications and/or conditions, or denying the renewal application in whole or in part, applying the following standards. If the renewal application is denied, the written determination shall include the reasons for denial.
a. The financial and technical ability of the applicant.
b. The legal ability of the applicant.
c. The continuing capacity of the public ways to accommodate the applicant's existing facilities.
d. The applicant's compliance with the requirements of this code and the license agreement.
e. Applicable federal, state and local laws, rules and policies.
f. Such other factors as may demonstrate that the continued grant to use the public ways will serve the community interest.
16. Obligation To Cure As A Condition Of Renewal: No license shall be renewed until any ongoing violations or defaults in the licensee's performance of the license agreement, or of the requirements of this code, have been cured, or a plan detailing the corrective action to be taken by the licensee has been approved by the village.
D. Utility Franchises:
1. Utility Franchises: A utility franchise shall be required of any utility provider who desires to occupy public ways of the village and to provide utility services to any person or area in the village.
2. Franchise Application: Any person that desires a franchise pursuant to this subsection D shall file an application with the village which shall include the following information:
a. The identity of the franchise applicant, including all affiliates of the applicant.
b. A description of the utility services that are or will be offered or provided by the franchise applicant over its existing or proposed facilities.
c. A description of the transmission medium that will be used by the franchisee to offer or provide such services.
d. Preliminary engineering plans, specifications and a network map of the facilities to be located within the village, all in sufficient detail to identify:
(1) The location and route requested for applicant's proposed facilities.
(2) The location of all overhead and underground public utility, telecommunication, cable, water, sewer drainage and other facilities in the public way along the proposed route.
(3) The locations, if any, for interconnection with the facilities of other telecommunications carriers and/or utility providers.
(4) The specific trees, structures, improvements, facilities and obstructions, if any, that applicant proposes to temporarily or permanently remove or relocate.
e. If applicant is proposing to install overhead facilities, evidence that surplus space is available for locating its facilities on existing utility poles along the proposed route.
f. If applicant is proposing an underground installation in existing ducts, conduits or other underground facilities within the public ways, information in sufficient detail to identify:
(1) The excess capacity currently available in such facilities before installation of applicant's facilities;
(2) The excess capacity, if any, that will exist in such facilities after installation of applicant's facilities.
g. If applicant is proposing an underground installation within new ducts, conduits or other underground facilities to be constructed within the public ways:
(1) The location proposed for the new ducts, conduits or other underground facilities;
(2) The excess capacity that will exist in such ducts, conduits or other underground facilities after installation.
h. A preliminary construction schedule and completion dates.
i. A preliminary traffic control plan in accordance with the IDOT "Manual On Uniform Traffic Control Devices".
j. Financial statements prepared in accordance with generally accepted accounting principles demonstrating the applicant's financial ability to construct, operate, maintain, relocate and remove the facilities.
k. Information in sufficient detail to establish the applicant's technical qualifications, experience and expertise regarding the facilities and services described in the application.
l. Information to establish that the applicant has obtained all other governmental approvals and permits to construct and operate the facilities and to offer or provide the utility services.
m. If the applicant intends to provide cable or video service, video dial tone service or other video programming service, sufficient information to determine whether such service is subject to the cable and video competitive law of 2007.
n. An accurate map showing the location of any existing facilities in the village that applicant intends to use or lease.
o. A description of the services or facilities that the applicant will offer or make available to the village and other public, educational and governmental institutions.
p. A description of applicant's access and service extension policies.
q. The area or areas of the village the applicant desires to serve and a schedule for build-out to the entire franchise area.
r. All fees, deposits or charges required pursuant to subsection G of this section.
s. Such other and further information as may be requested by the village administrator.
3. Determination By The Village: Within one hundred fifty (150) days after receiving a complete application under subsection D2 of this section, the corporate authorities shall issue a written determination granting, granting with modifications and/or conditions, or denying the application in whole or in part, applying the following standards. If the application is denied, the written determination shall include the reasons for denial.
a. The financial and technical ability of the applicant.
b. The legal ability of the applicant.
c. The capacity of the public ways to accommodate the applicant's proposed facilities.
d. The capacity of the public ways to accommodate additional utility and telecommunications facilities if the franchise is granted.
e. The damage or disruption, if any, of public or private facilities, improvements, service, travel or landscaping if the franchise is granted.
f. The public interest in minimizing the cost and disruption of construction within the public ways.
g. The service that applicant will provide to the community and region.
h. The effect, if any, on public health, safety and welfare if the franchise requested is granted.
i. The availability of alternate routes and/or locations for the proposed facilities.
j. Applicable federal and state laws, regulations and policies.
k. Such other factors as may demonstrate that the grant to use the public ways will serve the community interest.
4. Agreement: No franchise shall be granted under this subsection D unless the applicant and the village have executed a written agreement setting forth the particular terms and provisions under which the franchise to occupy and use public ways of the village will be granted.
5. Nonexclusive Grant: No franchise granted under this subsection D shall confer any exclusive right, privilege, license or franchise to occupy or use the public ways of the village for any purposes.
6. Term Of Grant: Unless otherwise specified in a franchise agreement, a franchise granted under this subsection D shall be valid for a term of ten (10) years.
7. Rights Granted: No franchise granted under this subsection D shall convey any right, title or interest in the public ways, but shall be deemed a franchise only to use and occupy the public ways for the limited purposes and term stated in the grant. Further, no franchise shall be construed as any warranty of title.
8. Franchise Territory: A franchise granted under this subsection D shall be limited to the specific geographic area of the village to be served by the franchisee, and the specific public ways necessary to serve such areas.
9. Construction Standards: Unless otherwise specified in a franchise agreement, all facilities shall be constructed, installed and located in accordance with subsections G and H of this section.
10. Construction Permits: All franchisees under this subsection D are required to obtain construction permits as required in subsection G of this section; provided, however, that nothing in this section shall prohibit the village and a franchisee from agreeing to alternative plan review, permit and construction procedures in a franchise agreement, provided such alternative procedures provide substantially equivalent safeguards for responsible construction practices.
11. Compensation To Village: Each franchise granted under this subsection D is subject to the village's right, which is expressly reserved, to annually fix a fair and reasonable compensation to be paid for the franchise rights granted to the franchisee; provided, nothing in this section shall prohibit the village and a franchisee from agreeing to the compensation to be paid.
12. Nondiscrimination: A franchisee shall make its services available to any customer within its franchise area who shall request such service, without discrimination as to the terms, conditions, rates or charges for the franchisee's services; provided, however, that nothing in this section shall prohibit a franchisee from making any reasonable classifications among differently situated customers.
13. Service To The Village: A franchisee shall make its services available to the village at its most favorable rate for similarly situated users, unless otherwise provided in the franchise agreement.
14. Amendment Of Grant:
a. A new franchise application and grant or amendment shall be required of any franchisee that desires to extend its franchise territory or to locate its facilities in public ways of the village which are not included in a franchise previously granted under this section.
b. If the village orders a franchisee to locate or relocate its facilities in public ways not included in a previously granted franchise, the village shall grant a franchise amendment without further application.
15. Renewal Applications: A franchisee that desires to renew its franchise under this section shall, not more than two hundred forty (240) days nor less than one hundred fifty (150) days before expiration of the current franchise, file an application with the village for renewal of its franchise which shall include the following information:
a. The information required pursuant to subsection D2 of this section.
b. Any information required pursuant to the franchise agreement between the village and the franchisee.
16. Renewal Determinations: Within one hundred fifty (150) days after receiving a complete application under subsection D15 of this section, the corporate authorities shall issue a written determination granting, granting with modifications and/or conditions, or denying the renewal application in whole or in part, applying the following standards. If the renewal application is denied, the written determination shall include the reasons for denial.
a. The financial and technical ability of the applicant.
b. The legal ability of the applicant.
c. The continuing capacity of the public ways to accommodate the applicant's existing facilities.
d. The applicant's compliance with the requirements of this section and the franchise agreement.
e. Applicable Federal, State and local laws, rules and policies.
f. Such other factors as may demonstrate that the continued grant to use the public ways will serve the community interest.
17. Obligation To Cure As A Condition Of Renewal: No franchise shall be renewed until any ongoing violations or defaults in the franchisee's performance of the franchise agreement, or of the requirements of this Code, have been cured, or a plan detailing the corrective action to be taken by the franchisee has been approved by the Village.
E. Cable And Video Service Facilities License: The provision of cable and video service is subject to extensive regulation under the Cable Act (47 USC 532 et seq.) and the Cable and Video Competition Law of 2007 1 . The conditions and standards set forth in subsections D, G and H of this section shall apply to cable and video service facilities, which shall be treated as telecommunications or utility facilities for the purposes of those subsections.
F. Fees And Compensation:
1. Purpose: It is the purpose of this subsection to provide for the payment and recovery of the actual costs and expenses of the Village related to the enforcement and administration of this section, whether direct or indirect. Except as otherwise provided by the Cable Act, the Cable and Video Competition Law of 2007, other applicable law, regulation or rule, or applicable license or franchise agreement, each applicant hereunder shall pay to the Village the fees and compensation provided under this subsection F.
2. Application And Review Fee:
a. Any applicant for a license or franchise pursuant to this section shall pay a fee of two hundred dollars ($200.00) or an amount equal to one dollar ($1.00) per foot of new underground facilities, plus ten cents ($0.10) per foot of overhead facilities installed on existing utility poles and/or underground facilities installed in existing underground duct or conduit, whichever is greater.
b. An applicant whose license or franchise application has been withdrawn, abandoned or denied shall, within sixty (60) days of its written request, be refunded the balance of its deposit under this subsection, less:
(1) One hundred dollars ($100.00); and
(2) All ascertainable costs and expenses incurred by the Village in connection with the application.
3. Other Village Costs: All license or franchise grantees shall, within thirty (30) days after written demand therefor, reimburse the Village for all direct and indirect costs and expenses incurred by the Village in connection with the grant or any modification, amendment, renewal or transfer of the license or franchise or any license or franchise agreement.
4. Reserved Compensation For Public Ways: The Village reserves the right to annually fix a fair and reasonable compensation to be paid for the access and use of Village owned public ways, in recognition of the Village's costs in connection with reviewing, inspecting and supervising the use and occupancy of the public ways on behalf of the public and existing or future users, and the Village's increased costs for work in the public ways resulting from such occupancy. Nothing in this section shall prohibit the Village and a licensee or franchisee from agreeing to the compensation to be paid for the granted license or franchise rights.
5. Compensation For Village Property: If the right is granted, by lease, license, franchise or other manner, to use and occupy Village property for the installation of telecommunications, cable and video service facilities and/or utility facilities, the compensation to be paid shall be fixed by the Village.
6. Construction Permit Fee: Prior to issuance of a construction permit, the permittee shall pay a permit fee equal to four hundred dollars ($400.00) or an amount equal to one dollar fifty cents ($1.50) per foot of new underground facilities, plus twenty five cents ($0.25) per foot of overhead facilities installed on existing utility poles, plus ten cents ($0.10) per foot of underground utilities installed in existing underground duct or conduit, whichever is greater.
7. Cable And Video Service Fees: Cable and video service providers shall be subject to the fees, payments and costs provided in this subsection F, or such other fees as the Village and cable or video service provider agree.
8. Regulatory Fees And Compensation Not A Tax: The regulatory fees and costs provided for in this section, and any compensation charged and paid for the public ways provided for in subsection F4 of this section, are separate from, and additional to, any and all Federal, State, local and Village taxes as may be levied on, imposed on or due from a utility provider or telecommunications carrier or provider, its customers or subscribers, or on account of the lease, sale, delivery or transmission of utility and/or telecommunications services.
G. Conditions Of Grants:
1. Location Of Facilities: All facilities shall be constructed, installed and located in accordance with the requirements of this section, unless otherwise specified in a license or franchise agreement, or otherwise provided by applicable law.
2. License, Franchise Or Other Authorization Required: All licensees and franchisees shall execute and maintain a license or franchise agreement as otherwise required by this code, or state issued authorization pursuant to the cable and video competition law of 2007.
3. Compliance With JULIE: All licensees or franchisees shall, before commencing any construction in the public ways, comply with all regulations of JULIE.
4. Construction Permits: All licensees or franchisees are required to obtain construction permits as provided in subsection H of this section. However, nothing in this section shall prohibit the village and a licensee or franchisee from agreeing to alternative plan review, permit and construction procedures in a license or franchise agreement, provided such alternative procedures provide substantially equivalent safeguards for responsible construction practices.
5. Interference With Public Ways: No licensee or franchisee may locate or maintain its facilities so as to unreasonably interfere with the use of the public ways by the village, by the general public or by other persons authorized to use or be present in or upon the public ways. All such facilities shall be moved by the licensee or franchisee, temporarily or permanently, as determined by the village engineer.
6. Damage To Property: No licensee or franchisee, nor any person acting on behalf thereof, including subcontractors and contractors, shall take any action or permit any action to be done which may impair or damage any village property, public ways of the village, other ways or other property located in, on or adjacent thereto.
7. Notice Of Work: Unless otherwise provided in a license or franchise agreement, no licensee or franchisee, nor any person acting on behalf thereof, shall commence any nonemergency work in or about the public ways of the village or other ways without ten (10) working days' advance written notice to the village.
8. Repair And Emergency Work: In the event of an unexpected repair or emergency, including damage to public ways or facilities, a licensee or franchisee may commence such repair and emergency response work as required under the circumstances, provided the licensee or franchisee shall notify the village as promptly as possible, before such repair or emergency work, or as soon thereafter as possible if advance notice is not practicable. Such repairs or emergencies shall be made at the sole expense of the licensee or franchisee. All such repairs shall be undertaken or completed as directed by the village.
9. Maintenance Of Facilities: Each licensee or franchisee shall maintain its facilities in good and safe condition and in a manner that complies with all applicable federal, state and local requirements.
10. Relocation Or Removal Of Facilities: Within thirty (30) days following written notice from the village, a licensee or franchisee shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any facility within the public ways whenever the corporate authorities shall have determined that such removal, relocation, change or alteration is reasonably necessary for:
a. The construction, repair, maintenance or installation of any village or other public improvement in or upon the public ways.
b. The operations of the village or other governmental entity in or upon the public ways.
11. Removal Of Unauthorized Facilities: Within thirty (30) days following written notice from the village, any licensee or franchisee, or other person that owns, controls or maintains any unauthorized facility or related appurtenances within the public ways of the village shall, at its own expense, remove such facility or appurtenances thereto from the public ways of the village; provided, however, that the village engineer may, in his or her sole discretion, approve the abandonment of all or any part thereof in lieu of removal. The methods, materials and workmanship relating to such removal or abandonment shall be subject to the approval of the village engineer. Facilities or related appurtenances are unauthorized and subject to removal in the following circumstances:
a. Upon expiration or termination of the applicable license or franchise agreement as required by this code, or state issued authorization.
b. Upon abandonment of a facility within the public ways of the village.
c. If the facility or related appurtenance was constructed or installed without the prior grant of a license or franchise agreement as required by this code, or state issued authorization.
d. If the facility or related appurtenance was constructed or installed without the prior issuance of a required construction permit.
e. If the facility or related appurtenance was constructed or installed at a location not permitted by the applicable license, franchise agreement or state issued authorization.
12. Emergency Removal Or Relocation Of Facilities: The village retains the right and privilege to cut or move any facilities located within the public ways of the village, as the village may determine to be necessary, appropriate or useful in response to any public health or safety emergency.
13. Damage To Facilities: Unless directly and proximately caused by wilful, intentional or malicious acts by the village, its officers or employees, neither the village, its officers or employees shall be liable for any damage to or loss of any facility within the public ways of the village as a result of or in connection with any public works, public improvements, construction, excavation, grading, filling, or work of any kind in the public ways by or on behalf of the village. This subsection shall not shield any independent contractor of the village from any liability on the part of such independent contractor for such damage or loss.
14. Restoration Of Public Ways, Other Ways And Village Property:
a. When a licensee or franchisee, or any person acting on its behalf including subcontractors and contractors, does any work in or affecting any public ways, other ways or village property, it shall, at its own expense, promptly remove any obstructions therefrom and restore such ways or property, including village equipment and public ways, to as good a condition as existed before the work was undertaken, unless otherwise directed by the village. The village reserves the right, in its sole discretion, to inspect the restoration work that has been completed and dictate additional restoration activities that must be completed. If licensee or franchisee fails to completely restore the ways or property to the satisfaction of the village within five (5) business days of completing the work, the village shall have the right to complete the restoration. In such case, the village shall follow the procedures set forth in subsection G21 of this section with regard to notice and withdrawal from the security fund. In addition, for so long as the licensee or franchisee is in violation of this paragraph, no further permits shall be issued to the licensee or franchisee under this title.
b. If weather or other conditions do not permit the complete restoration required by this subsection, the licensee or franchisee shall temporarily restore the affected ways or property. Such temporary restoration shall be at the sole expense of the licensee or franchisee and the licensee or franchisee shall promptly undertake and complete the required permanent restoration when the weather or other conditions no longer prevent such permanent restoration.
c. A licensee or franchisee, or other person acting on its behalf, shall use suitable barricades, flags, flagmen, lights, flares and other measures as required for the safety of all members of the general public and to prevent injury or damage to any person, vehicle or property by reason of such work in or affecting such ways or property.
15. Facilities Map: Each licensee or franchisee shall provide the village with an accurate map or maps certifying the location of all facilities within the public ways, and shall provide updated maps annually.
16. Duty To Provide Information: Within ten (10) days of a written request from the village administrator, each licensee or franchisee shall furnish the village with information sufficient to demonstrate:
a. That licensee or franchisee has complied with all applicable requirements of this section.
b. That all municipal sales, message, telecommunications taxes and any other fee due the village in connection with the services and facilities provided by the licensee or franchisee have been properly collected and paid by the licensee or franchisee.
All books, records, maps and other documents, maintained by the licensee or franchisee with respect to its facilities within the public ways shall be made available for inspection by the village at reasonable times and intervals.
17. Leased Capacity: A licensee or franchisee shall have the right, without prior village approval, to offer or provide leased capacity or bandwidth to its customers; provided, however, that such licensee or franchisee shall provide the village with sufficient information to identify such customers and the nature of their use thereof.
18. Insurance: Unless otherwise provided in a license or franchise agreement, each licensee or franchisee shall, as a condition of the grant of a license or franchise under this section, secure and maintain the following liability insurance policies insuring both the licensee and franchisee and the village, and its elected and appointed officers, officials, agents, subcontractors and contractors and employees as additional insureds:
a. Comprehensive General Liability: Comprehensive general liability insurance with limits not less than:
(1) Five million dollars ($5,000,000.00) for bodily injury or death to each person; and
(2) Five million dollars ($5,000,000.00) for property damage resulting from any one accident; and
(3) Five million dollars ($5,000,000.00) for all other types of liability.
b. Automobile Liability: Automobile liability for owned, nonowned and hired vehicles with a limit of three million dollars ($3,000,000.00) for each person and three million dollars ($3,000,000.00) for each accident.
c. Workers' Compensation And Employer's Liability: Workers' compensation within statutory limits and employer's liability insurance with limits of not less than one million dollars ($1,000,000.00).
d. Comprehensive From Premises-Operations, Explosions And Hazards: Comprehensive from premises-operations, explosions and collapse hazard, underground hazard and products-completed hazard with limits of not less than three million dollars ($3,000,000.00).
e. Excess Or Umbrella Policies: The coverage 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.
f. Policies To Be Maintained By The Licensee Or Franchisee: The liability insurance policies required by this section shall be maintained by the licensee or franchisee throughout the term of the license or franchise granted pursuant to this section, and such other period of time during which the licensee or franchisee is operating without a franchise or license hereunder, or is engaged in the removal of its facilities. Each such insurance policy 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 90 days after receipt by the Village, by registered mail, of a written notice addressed to the Village Administrator of such intent to cancel or not to renew.
(1) Any deductibles or self-insured retentions must be declared to and approved by the village. At the option of the village, either the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the village, its officials, agents, employees, subcontractors and contractors and volunteers; or the contractor shall procure a bond guaranteeing payment of losses and related investigation, claim administration and defense expenses.
(2) The contractor shall furnish the village with certificates of insurance naming the village, its officials, agents, employees, subcontractors and contractors and volunteers as additional insureds, and with original endorsements effecting coverage required prior to commencement of any work. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf and shall be in a form acceptable to the village. The insurance afforded by the policy shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the village. Such notice shall be addressed as shown in the heading of the endorsement.
(3) Any failure by the contractor to comply with reporting provisions of the policy shall not affect coverage provided to the village, its officials, agents, employees, subcontractors and contractors and volunteers. The insurer shall waive all rights of subrogation against the village, its officials, agents, employees, subcontractors and contractors and volunteers for losses arising from work performed by the contractor for the village.
g. Replacement Policies: Within sixty (60) days after receipt by the village of said notice, and in no event later than thirty (30) days prior to said cancellation, the licensee or franchisee shall obtain and furnish to the village replacement insurance policies meeting the requirements of this subsection.
19. General Indemnification: Each licensee or franchisee shall agree, to the extent permitted by law, the express undertaking by the licensee or franchisee to defend, indemnify and hold the village and its officers, employees, agents, subcontractors and contractors and representatives harmless from and against any and all 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 licensee or franchisee or its affiliates, officers, employees, agents, contractors or subcontractors in the construction, operation, maintenance, repair or removal of its facilities, including damages to village public ways and village facilities and equipment, and in providing or offering telecommunications, cable and video services and/or utility services over the facilities or network, whether such acts or omissions are authorized, allowed or prohibited by this section or by an agreement made or entered into pursuant to this section.
Said undertaking shall also include reimbursement of the village and/or any other unit of local government for the costs and expenses of providing emergency services to the licensee or franchisee in connection with such construction, operation, maintenance, repair or removal, including, but not limited to, personnel and equipment costs for traffic control, fire protection and emergency medical services.
20. Performance And Construction Surety: Before a license or franchise granted pursuant to this section is effective, and as necessary thereafter, the licensee or franchisee shall provide and deposit such monies, bonds, letters of credit or other instruments in form and substance acceptable to the village as may be required by this section or by an applicable license or franchise agreement.
21. Security Fund: Unless otherwise provided in a license or franchise agreement, or some other agreement to which the village is a party, each licensee or franchisee shall establish a permanent security fund with the village by depositing the amount of fifty thousand dollars ($50,000.00) with the village in cash, an unconditional letter of credit, or other instrument acceptable to the village, which fund shall be maintained at the sole expense of licensee or franchisee so long as any of licensee's or franchisee's facilities are located within the public ways of the village. The required amount of the security fund may be increased by the director of public works, if in the reasonable exercise of his discretion, he determines that based upon the number of facilities to be constructed or other relevant factor, fifty thousand dollars ($50,000.00) is inadequate for the purposes set forth in subsection G21c of this section.
a. Fund To Serve As Security: The fund shall serve as security for the full and complete performance of this section, including any costs, expenses, damages, or loss, including public ways and equipment, the village pays or incurs because of any failure attributable to the licensee or franchisee to comply with the codes, ordinances, rules, regulations or permits of the village, whether negligent or intentional.
b. Written Notice Of Withdrawal: Before any sums are withdrawn from the security fund, the village shall give written notice to the licensee or franchisee:
(1) Describing the act, default or failure to be remedied, or the damages, cost or expenses which the village has incurred by reason of licensee's or franchisee's act or default;
(2) Providing a reasonable opportunity for licensee or franchisee to first remedy the existing or ongoing default or failure, if applicable;
(3) Providing a reasonable opportunity for licensee or franchisee to pay any monies due the village before the village withdraws the amount thereof from the security fund, if applicable;
(4) That the licensee or franchisee will be given an opportunity to review the act, default or failure described in the notice with the village administrator or his designee.
c. Withdrawals From Security Fund: The village shall provide the licensee or franchisee with fourteen (14) days' advance written notice stating the reason for, and its intention to, exercise withdrawal rights under this subsection. Upon such notice, the village may withdraw an amount from the security fund, provided that the licensee or franchisee has not reimbursed the village for such amount within said fourteen (14) day notice period. Withdrawals may be made if the licensee or franchisee:
(1) Fails to make any payment required to be made by the licensee or franchisee hereunder; or
(2) Fails to pay any liens relating to the facilities that are due and unpaid; or
(3) Fails to reimburse the village for any damages, claims, costs or expenses which the village has been compelled to pay or incur by reason of any action or nonperformance by the licensee or franchisee, including its subcontractors or contractors; or
(4) Fails to comply with any provision of this chapter that the village determines can be remedied by an expenditure of an amount in the security fund.
d. Replenishing The Security Fund: Licensees or franchisees shall replenish the security fund within fourteen (14) days after written notice from the village that there is a deficiency in the amount of the fund.
22. Construction And Completion Security: Unless otherwise provided in a license or franchise agreement, cash, an unconditional letter of credit, a performance bond written by a corporate surety acceptable to the village, or other instruments in a form acceptable to the village, equal to at least one hundred fifty percent (150%) of the estimated cost of all restoration work in connection with constructing the telecommunications and/or utility facilities of the licensee or franchisee within the public ways of the village shall be deposited before construction is commenced.
a. The construction security shall remain in force until sixty (60) days after substantial completion of the work, as determined by the village engineer, including restoration of public ways and other property affected by the construction.
b. The construction security shall guarantee, to the satisfaction of the village:
(1) Timely completion of construction;
(2) Construction in compliance with applicable plans, permits, technical codes and standards;
(3) Proper location of the facilities as specified by the village;
(4) Restoration of the public ways and other property affected by construction for the entire term of any license or franchise;
(5) The submission of "as built" drawings after completion of the work as required by this section;
(6) Timely payment and satisfaction of all claims, demands or liens for labor, material or services provided in connection with the work.
23. Coordination Of Construction Activities: All licensees and franchisees are required to cooperate with the village and with each other.
a. By February 1 of each year, licensees and franchisees shall provide the village with a schedule of their proposed construction activities in, around, or that may affect the public ways.
b. Each licensee and franchisee shall meet with the village, other licensees and franchisees and users of the public ways annually or as determined by the village to schedule and coordinate construction in the public ways.
c. All construction locations, activities and schedules shall be coordinated, as ordered by the village engineer, to minimize public inconvenience, disruption or damages.
24. Assignments Or Transfers: Except in the event of the merger, consolidation or reorganization of a licensee or franchisee, a licensee or franchisee shall not have the right to assign its rights and privileges under the license or franchise granted pursuant to this section or to otherwise transfer it in any manner whatsoever, without the prior written approval of the village, pursuant to an ordinance enacted by the corporate authorities. In the event of such a transfer or assignment, all provisions of the license or franchise which are obligatory upon, or which inure to the benefit of, the licensee or franchisee shall also be obligatory upon and shall inure to the benefit of any and all successors and assigns of the licensee or franchisee. Any transactions, other than the merger, consolidation or reorganization of a licensee or franchisee, which singularly or collectively result in a change of ten percent (10%) or more of the ownership or working control thereof shall be deemed to be an assignment or transfer for purposes of this subsection.
25. Revocation Or Termination: A license or franchise granted by the village to use or occupy public ways of the village may be revoked for the following reasons:
a. Construction or operation in the village or in the public ways of the village without a license or franchise grant of authorization, or any other license, permit and/or other governmental approval or review required pursuant to any applicable federal, state or local laws, ordinances, codes, rules or regulations.
b. Construction or operation at an unauthorized location.
c. Unauthorized assignment of a license or franchise.
d. Unauthorized sale, assignment or transfer of licensee's or franchisee's assets, or a substantial interest therein.
e. Misrepresentation or lack of candor by or on behalf of a licensee or franchisee in any application to the village.
f. Abandonment of the licensee's or franchisee's facilities in the public ways.
g. Failure to relocate or remove facilities as required in this section.
h. Failure to pay taxes, compensation, fees or costs when and as due the village.
i. Insolvency or bankruptcy of the licensee or franchisee.
j. Violation of material provisions of this section.
k. Violation of the material terms of any applicable license or franchise agreement.
26. Notice And Duty To Cure: In the event that the village administrator believes that grounds exist for revocation of a license or franchise, he shall give the licensee or franchisee written notice of the apparent violation or noncompliance, providing a short and concise statement of the nature and general facts of the violation or noncompliance, and providing the licensee or franchisee a reasonable period of time not exceeding thirty (30) days to furnish evidence:
a. That corrective action has been, or is being actively and expeditiously pursued, to remedy the violation or noncompliance.
b. That rebuts the alleged violation or noncompliance.
c. That it would be in the public interest to impose some penalty or sanction less than revocation.
27. Hearing: In the event that a licensee or franchisee fails to provide evidence reasonably satisfactory to the village administrator as provided in subsection G26 of this section, the village administrator shall refer the apparent violation or noncompliance to the corporate authorities. The corporate authorities shall provide the licensee or franchisee with notice and a reasonable opportunity to be heard concerning the matter.
28. Standards For Revocation Or Lesser Sanctions: If persuaded that the licensee or franchisee has violated or failed to comply with material provisions of this section, or of a franchise or license agreement, the corporate authorities shall determine whether to revoke the license or franchise, or to establish some lesser sanction and cure, considering the nature, circumstances, extent and gravity of the violation as reflected by one or more of the following factors:
a. Whether the misconduct was egregious.
b. Whether substantial harm resulted.
c. Whether the violation was intentional.
d. Whether there is a history of prior violations of the same or other requirements.
e. Whether there is a history of overall compliance.
f. Whether the violation was voluntarily disclosed, admitted or cured.
H. Construction Standards:
1. General Standards And Principles:
a. Compliance With Provisions: No person shall commence or continue with the construction, installation or operation of facilities within the village except as provided in this section.
b. Construction Codes: Facilities shall be constructed, installed, operated and maintained in accordance with all applicable federal, state and local codes, rules and regulations including the national electrical safety code.
c. Construction Permits: No person shall construct or install any facilities within the village, except individual service lines, without first obtaining a construction permit therefor.
d. Applications: Applications for permits to construct facilities shall be submitted upon forms to be provided by the village and shall be accompanied by drawings, plans and specifications in sufficient detail to demonstrate:
(1) That the facilities will be constructed in accordance with all applicable codes, rules and regulations.
(2) The location and route of all facilities to be installed on existing utility poles.
(3) The location and route of all facilities to be located under the surface of the ground, including the line and grade proposed for the burial at all points along the route which are within the public ways.
(4) The location of all existing public way boundaries, streets, sidewalks, driveways and underground utilities, conduits, ducts, pipes, mains and installations which are within the public ways along the underground route proposed by the applicant.
(5) The location of all other facilities to be constructed within the village, but not within the public ways.
(6) The construction methods to be employed for protection of existing structures, fixtures, and facilities within or adjacent to the public ways.
(7) The location, dimension and types of all trees within or adjacent to the public ways along the route proposed by the applicant, together with a landscape plan for protecting, trimming, removing, replacing and restoring any trees or areas to be disturbed during construction.
(8) The applicant shall submit three (3) sets of such drawings, plans and specifications on sheets not to exceed twenty four inches by thirty six inches (24" x 36") and which shall be a scale of one inch to twenty feet (1" = 20').
e. All Construction To Comply: All construction in the public ways shall be in accordance with all applicable ordinances, codes, laws, rules and regulations, and commonly recognized and accepted traffic control and construction principles, sound engineering judgment and, where applicable, the principles and standards set forth in the following village and IDOT publications, as the same have been and may hereafter be amended from time to time:
(1) "Public Improvements Standards Manual";
(2) "Standard Specifications For Road And Bridge Construction";
(3) "Supplemental Specifications And Recurring Special Provisions";
(4) "Highway Design Manual";
(5) "Highway Standards Manual";
(6) "Standard Specifications For Traffic Control Items";
(7) "Illinois Manual On Uniform Traffic Control Devices" (92 Ill. adm. code section 545);
(8) "Flagger's Handbook"; and
(9) "Work Site Protection Manual For Daylight Maintenance Operations".
f. Installation Of Underground Facilities Within Excess Capacity: Facilities shall be installed within an existing underground duct or conduit whenever excess capacity exists within such facility and such installation is practicable.
g. Installation Of Overhead Facilities Within Surplus Space: A licensee or franchisee with permission to install overhead facilities shall install its facilities on pole attachments to existing utility poles only, and then only if surplus space is available.
h. Sharing Of Occupancy: Whenever any existing electric utilities or telecommunications facilities are located underground within a public way of the village, a licensee with permission to occupy the same public way shall also locate its facilities underground, unless the licensee establishes, to the reasonable satisfaction of the village, that location underground is not technically feasible.
i. Relocation Of Facilities: Whenever any new or existing facilities are located or relocated underground within a public way of the village, a permittee that currently occupies the same public way shall relocate its facilities underground within a reasonable period of time, which shall not be later than the end of the license term. Absent extraordinary circumstances or undue hardship as determined by the village engineer, such relocations shall be made concurrently to minimize the disruption of the public ways.
2. Interpretation Of Village Standards And Other Requirements: If a discrepancy exists between or among village standards and other requirements as set forth in this section, the village engineer shall determine, in the exercise of sound engineering judgment, which standards and other requirements apply and such decision shall be final. If requested, the village engineer shall state which standard and other requirement will apply to the construction, maintenance, or operation of a facility in the future.
3. Traffic Control:
a. Minimum Requirements: The village's minimum requirements for traffic control shall be in accordance with IDOT's "Illinois Manual On Uniform Traffic Control Devices" and such other provisions of this code as the same may be amended from time to time.
b. Warning Signs, Protective Devices And Flaggers: The permittee shall be responsible for providing and installing warning signs, protective devices and flaggers, when necessary, meeting all applicable federal, state, and local requirements for protection of the public and the permittee's workers when performing any work on the public rights of way.
c. Interference With Traffic: All work shall be phased so that there is minimum interference with pedestrian and vehicular traffic.
d. Notice When Access Is Blocked: At least forty eight (48) hours prior to beginning work that will partially or completely block access to any residence, business or institution, the permittee shall notify the resident, business or institution of the approximate beginning time and duration of such work; provided, however, that in cases involving emergency repairs pursuant to this section, the permittee shall provide such notice as is practicable under the circumstances. Completely blocking access is not permitted unless no other option is practicable and approved by the village.
e. Compliance: Permittee shall take immediate action to correct any deficiencies in traffic protection requirements that are brought to the permittee's attention by the village.
4. Location Requirements:
a. General Location Requirements:
(1) Village Facilities: No facility installed by a permittee shall be located in a manner or at a location that will interfere with the operation or future maintenance with a facility of the village.
(2) Rights Of Way And Adjacent Lands: All facilities shall be located in the right of way so as to cause no interference with the use of streets, alleys and other public ways and places, and to cause no impact upon, and interference with the rights and reasonable convenience of property owners who adjoin any of the said streets, alleys or other public ways.
(3) Cooperation: All permittees seeking to place a facility in the village shall comply with the village's reasonable requests to place facilities on public property where possible, and shall comply with village direction with respect to the location and screening of equipment and facilities.
(4) Size: All permittees constructing a new or upgraded facility in the right of way shall use the smallest suitable equipment enclosures and power pedestals and cabinets in use by the facility for that purpose.
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') 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') 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') 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 eight feet (8') from and parallel to the right of way line;
(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) In the case of an underground power or communication line, the facility shall be located as near the right of way line as practicable and not more than five feet (5') from the right of way line and any above grounded appurtenance shall be located within one foot (1') of the right of way line or as near as practicable.
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.
d. Overhead Power Or Communication Facility: An overhead power or communication facility may cross a highway only if:
(1) 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 part 305);
(2) Poles are located within one foot (1') of the right of way line of the highway and outside of the clear zone; and
(3) Overhead crossings at major intersections are avoided.
e. Underground Power Or Communication Facility: An underground power or communication facility may cross a highway only if:
(1) The design materials and construction methods will provide maximum maintenance free service life; and
(2) Capacity for the utility's foreseeable future expansion needs is provided in the initial installation.
f. Markers: The village may require the permittee 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).
g. 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.
h. Freestanding Facilities:
(1) No portion or part of any freestanding facility shall be permitted to be installed within ten feet (10') of a potable water line, sanitary sewer line or stormwater sewer line unless approved by the director of public works or his designee.
(2) The village may restrict the location and size of any freestanding facility located within a right of way.
(3) The village may require any freestanding facility located within a right of way to be screened from view.
i. Aboveground Facilities: 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 utility poles and light standards shall be used wherever practicable; the installation of additional utility poles is strongly discouraged.
j. 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 permittee 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 service as compared to the risk involved.
5. Appearance Standards:
a. The village may prohibit the installation of facilities in particular locations in order to preserve visual quality.
b. 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 adjacent residents and property owners or otherwise impair the aesthetic quality of the lands being traversed by the right of way.
6. Construction Methods And Materials:
a. Standards And Requirements For Particular Types Of Construction Methods:
(1) Boring Or Jacking:
(A) Pits And Shoring: Boring or jacking under rights of way shall be accomplished from pits located at a minimum distance specified by the village engineer from the edge of the pavement. Pits for boring or jacking shall be excavated no more than twenty four (24) hours in advance of boring or jacking operations and backfilled within twenty four (24) hours after boring or jacking operations are completed. While pits are open, they shall be clearly marked and protected by secured fencing and illuminated barricades. Shoring shall be designed, erected, supported, braced, and maintained so that it will safely support all vertical and lateral loads that may be imposed upon it during the boring or jacking operation.
(B) Borings With Diameters Greater Than Six Inches: Borings over six inches (6") in diameter shall be accomplished with an auger and following pipe, and the diameter of the auger shall not exceed the outside diameter of the following pipe by more than one inch (1").
(C) Borings With Diameters Six Inches Or Less: Borings of six inches (6") or less in diameter may be accomplished by either jacking, guided with auger, or auger and following pipe method.
(2) Trenching: Trenching for facility installation, repair, or maintenance on rights of way shall be done in accord with the applicable portions of section 603 of IDOT'S "Standard Specifications For Road And Bridge Construction".
(A) Length: The length of open trench shall be kept to the practicable minimum consistent with requirements for pipe/line testing. Only one-half (1/2) of any intersection may have an open trench at any time unless special permission is obtained from the village engineer.
(B) Open Trench And Excavated Material: Open trench and windrowed excavated material shall be protected as required by section 6 of the "Illinois Manual On Uniform Traffic Control Devices". Where practicable, the excavated material shall be deposited between the roadway and the trench as added protection. Excavated material shall not be allowed to remain on the paved portion of the roadway. Material excavated from paved areas shall be immediately loaded into trucks and hauled off site. Where right of way width does not allow for windrowing excavated material off the paved portion of the roadway, excavated material shall be hauled to an off road location.
(C) Drip Line Of Trees: The permittee shall not trench within the drip line of any tree designated by the village to be preserved.
(3) Backfilling:
(A) Any pit, trench, or excavation created during the installation of facilities shall be backfilled for its full width, depth, and length using methods and materials in accordance with IDOT's "Standard Specifications For Road And Bridge Construction". When excavated material is hauled away or is unsuitable for backfill, suitable granular backfill shall be used.
(B) For a period of three (3) years from the date construction of a facility is completed, the utility shall be responsible to remove and restore any backfilled area that has settled due to construction of the facility, or otherwise failed in any fashion. If so ordered by the engineer, the utility, at its expense, shall remove any pavement, surrounding terrain and backfill material to the top of the installed facility, place and properly compact new backfill material, and restore new pavement, sidewalk, curbs, and driveways, or any other disturbed items, to the proper grades, as determined by the village engineer. Permittee shall be required to complete an annual inspection for each year of the three (3) years for all areas that have been disturbed to determine if any restorations have failed. A certified report of such inspection shall be filed with the village no later than August 1 of each year.
(4) Pavement Cuts: Pavement cuts for facility installation or repair shall be permitted on a highway only if that portion of the highway is closed to traffic. If permittee requests a variance to the limitation set forth herein, the following requirements shall apply:
(A) Any excavation under pavements shall be backfilled and compacted in accordance with the "Public Improvements Standards Manual" as soon as practicable with granular material of CA-6 gradation. No crushed recycled concrete shall be used.
(B) Restoration of pavement, in kind, shall be accomplished as soon as practicable, and temporary repair with bituminous mixture shall be provided immediately. Any subsequent failure of either the temporary repair or the restoration shall be rebuilt upon notification by the village. For a period of three (3) years from the date construction of a facility is completed, the utility shall be responsible to remove and restore any pavement that has settled due to construction of the facility, or otherwise failed in any fashion. If so ordered by the engineer, the utility, at its expense, shall remove any pavement, and restore new pavement, sidewalk, curbs, and driveways, or any other disturbed items, to the proper grades, as determined by the village engineer. Permittee shall be required to complete an annual inspection for each year of the three (3) years for all areas that have been disturbed to determine if any restorations have failed. A certified report of such inspection shall be filed with the village no later than August 1 of each year.
(C) Saw cutting is prohibited unless determined by the village to be the only feasible alternative. If permitted, appropriate traffic control devices, as determined by the village, shall be in place prior to commencing work.
(D) For all rights of way which have been reconstructed with a concrete or asphalt surface/base in the last seven (7) years, or resurfaced in the last three (3) years, permits shall not be issued unless such work is determined to be an emergency repair or other work considered necessary and unforeseen before the time of the reconstruction or unless a pavement cut is necessary for a JULIE locate. The village shall have the right to require restoration to a larger area than what was initially disturbed in order to achieve a uniform appearance for the repair.
(5) Encasement:
(A) Casing pipe shall be designed to withstand the load of the highway and any other superimposed loads. The casing shall be continuous either by one piece fabrication or by welding or jointed installation approved by the village.
(B) The venting, if any, of any encasement shall extend within one foot (1') of the right of way line. No aboveground vent pipes shall be located in the area established as clear zone for that particular section of the highway.
(C) In the case of water main or service crossing, encasement shall be furnished between bore pits unless continuous pipe or village approved jointed pipe is used under the roadway. Casing may be omitted only if pipe is installed prior to highway construction and carrier pipe is continuous or mechanical joints are of a type approved by the village. Bell and spigot type pipe shall be encased regardless of installation method.
(D) In the case of gas pipelines of sixty (60) psig or less, encasement may be eliminated.
(E) In the case of gas pipelines or petroleum products pipelines with installations of more than sixty (60) psig, encasement may be eliminated only if: 1) extra heavy pipe is used that precludes future maintenance or repair, and 2) cathodic protection of the pipe is provided.
(F) If encasement is eliminated for a gas or petroleum products pipeline, the facility shall be located so as to provide that construction does not disrupt the right of way.
(6) Cover Of Underground Facilities: Cover shall be provided and maintained at least in the amount specified in the following table for minimum cover for the type of facility:
Type Of Facility | Minimum Cover
| |
Power or communication line (in general) | 30 inches | |
Communication line installed by the plowed method | 24 inches | |
Gas or petroleum products | 30 inches | |
Water line | Sufficient cover to provide freeze protection, not less than 5.5 feet | |
Sanitary sewer, storm sewer, or drainage line | Sufficient cover to provide freeze protection |
No power or communication line shall be located at a depth of cover between four (4) and seven feet (7') without express approval by the village in the relevant construction permit.
b. Standards And Requirements For Particular Types Of Facilities:
(1) Electric Power Or Communication Lines:
(A) Code Compliance: Electric power or communications facilities within village rights of way shall be constructed, operated, and maintained in conformity with the provisions of 83 Illinois administrative code part 305 (formerly general order 160 of the Illinois commerce commission) entitled "rules for construction of electric power and communication lines", and the national electrical safety code.
(2) Overhead Facilities: Overhead power or communication facilities shall use single pole construction and, where practicable, joint use of poles shall be used. Utilities shall make every reasonable effort to design the installation so guys and braces will not be needed. Variances may be allowed if there is no feasible alternative and if guywires are equipped with guy guards for maximum visibility.
(3) Underground Facilities:
(A) Cable may be installed by trenching or plowing, provided that special consideration is given to boring in order to minimize damage when crossing improved entrances and side roads.
(B) If a crossing is installed by boring or jacking, encasement shall be provided between jacking or bore pits. Encasement may be eliminated only if: 1) the crossing is installed by the use of "moles", "whip augers", or other approved methods which compress the earth to make the opening for cable installation, or 2) the installation is by the open trench method which is only permitted prior to roadway construction.
(C) Cable shall be grounded in accordance with the national electrical safety code.
(4) Underground Facilities Other Than Electric Power Or Communication Lines: Underground facilities other than electric power or communication lines may be installed by:
(A) The use of "moles", "whip augers", or other approved methods which compress the earth to move the opening for the pipe;
(B) Jacking or boring with vented encasement provided between the ditch lines or toes of slopes of the highway;
(C) Open trench with vented encasement between ultimate ditch lines or toes of slopes, but only if prior to roadway construction; or
(D) Tunneling with vented encasement, but only if installation is not possible by other means.
(5) Gas Transmission, Distribution And Service: Gas pipelines within rights of way shall be constructed, maintained, and operated in a village approved manner and in conformance with the requirements of the office of pipeline safety operations, department of transportation entitled "transportation of natural and other gas by pipeline: minimum federal safety standards" (49 CFR part 192), IDOT's "Standard Specifications For Road And Bridge Construction", and all other applicable laws, rules, and regulations.
(6) Petroleum Products Pipelines: Petroleum products pipelines within rights of way shall conform to the applicable sections of ANSI standard code for pressure piping (liquid petroleum transportation piping systems ANSI-B 31.4).
(7) Water Lines, Sanitary Sewer Lines, Stormwater Sewer Lines Or Drainage Lines: Water lines, sanitary sewer lines, storm sewer lines, and drainage lines within rights of way shall meet or exceed the recommendations of the current "Standard Specifications For Water And Sewer Main Construction In Illinois".
(8) Ground Mounted Appurtenances: Ground mounted appurtenances to overhead or underground facilities, when permitted within a right of way, shall be provided with a vegetation free area extending one foot (1') in width beyond the appurtenance in all directions. The vegetation free area may be provided by an extension of the mounting pad, or by heavy duty plastic or similar material approved by the village engineer. With the approval of the village engineer, shrubbery surrounding the appurtenance may be used in place of vegetation free area. The housing for ground mounted appurtenances shall be painted a neutral color to blend with the surroundings.
c. Construction Materials:
(1) General Standards: The materials used in constructing facilities within rights of way shall be those meeting the accepted standards of the appropriate industry, the applicable portions of IDOT's "Standard Specifications For Road And Bridge Construction", the requirements of the Illinois commerce commission, and any other applicable standards established by official regulatory agencies for the appropriate industry.
(2) Material Storage On Rights Of Way: All pipe, conduit, wire, poles, cross arms, or other materials shall be distributed along the right of way prior to and during installation in a manner to minimize hazards to the public or an obstacle to right of way maintenance or damage to the right of way and other property. If material is to be stored on a right of way, the permittee shall obtain prior written approval from the village engineer.
(3) Hazardous Materials: The plans submitted by the permittee to the village shall identify any hazardous materials involved in the construction of the new facilities or removal of any existing facilities.
7. Operational Restrictions:
a. Construction operations on rights of way may, at the discretion of the village, be required to be discontinued when such operations would create hazards to traffic or the public health, safety, and welfare.
b. Such operations may also be required to be discontinued or restricted when conditions are such that construction would result in extensive damage to the right of way or other property.
c. These restrictions may be waived by the village engineer when emergency work is required to restore vital utility services.
d. Unless otherwise permitted by the village, the hours of construction are those set forth in section 8-1A-16 of this code.
8. Location Of Existing Facilities: Any permittee proposing to construct facilities in the village shall contact JULIE and all other parties who may have knowledge of the location of existing facilities that may not be members of JULIE to ascertain the presence and location of existing aboveground and underground facilities within the rights of way to be occupied by its proposed facilities. The village will make its permit records available to a permittee for the purpose of identifying possible facilities. When notified of an excavation or when requested by the village or by JULIE, a permittee shall locate and physically mark its underground facilities within forty eight (48) hours, excluding weekends and holidays, in accordance with the Illinois underground facilities damage prevention act.
9. Screening And Landscaping Requirements; Trees; Vegetation Control:
a. Screening And Landscaping Requirements: All facilities shall be screened and landscaped in accordance with title 9, chapter 13 of this code, as the same may be amended from time to time. In addition to the general screening and landscaping requirements set forth therein, all facilities shall comply with the specific requirements applicable to aboveground service facilities as set forth in subsection 9-13-8E of this code. Notwithstanding the foregoing, the director of community development may, upon the request and for good cause shown, vary the requirements set forth herein.
b. Compliance With Tree And Vegetation Protection: All work pursuant to this section shall be subject to the tree preservation requirements of section 9-13-3 of this code and all tree, vegetation and landscaping requirements of the "Public Improvements Standards Manual".
c. Chemicals: Spraying of any type of brush killing chemicals is prohibited on rights of way unless the permittee demonstrates to the satisfaction of the village engineer that such spraying is the only practicable method of vegetation control.
d. Maintaining Landscaping Requirements: The owner of a facility, or owner's successors, assigns or lessors shall maintain all landscaping and screening in accordance with this code. In the event that said owner, owner's successors, assigns or lessors fail to maintain all landscaping and screening, the village shall have the authority, but not the obligation, to maintain the same and charge the owner, owner's successors, assigns or lessors for the reasonable costs of said work (including, but not limited to, materials and labor). If the owner, owner's successors, assigns or lessors fail to pay said costs within thirty (30) days of the receipt of an invoice therefor, the village shall have the authority to withdraw said cost from any financial security provided to the village by the owner, owner's successors, assigns or lessors, regardless if said security is related to the facility. The village shall have the authority to cite the owner, owner's successors, assigns or lessors for failure to maintain landscaping and screening pursuant to section 1-4-1 of this code.
10. Removal, Relocation, Or Modification Of Facilities:
a. Notice: Within thirty (30) days following written notice from the village, a permittee shall, at its own expense, protect, support, temporarily or permanently disconnect or remove, relocate, change or alter the position of any facilities within the rights of way whenever the corporate authorities have determined that such removal, relocation, change, or alteration is reasonably necessary for the construction, repair, maintenance, or installation of any village improvement in or upon, or the operations of the village in or upon, the rights of way.
b. Removal Of Unauthorized Facilities: Within thirty (30) days following written notice from the village, any permittee that owns, controls, or maintains any unauthorized facility or related appurtenances within the public rights of way shall, at its own expense, remove all or any part of such facilities or appurtenances from the public rights of way.
c. Subject To Removal: A facility is unauthorized and subject to removal in the following circumstances:
(1) Upon expiration or termination of the permittee's license or franchise, unless otherwise permitted by applicable law;
(2) If the facility was constructed or installed without the prior grant of a license or franchise, if required;
(3) If the facility was constructed or installed without prior issuance of a required permit in violation of this code; or
(4) If the facility was constructed or installed at a location not permitted by the permittee's license or franchise.
11. Emergency Removal Or Relocation Of Facilities: The village retains the right and privilege to remove any facility located within the rights of way of the village, as the village may determine to be necessary, appropriate or useful in response to any public health or safety emergency. If circumstances permit, the village shall attempt to notify the permittee, if known, prior to removing a facility and shall notify the permittee, if known, after removing a facility.
12. Abandonment Of Facilities: Upon abandonment of a facility within the public rights of way of the village, the utility shall notify the village within thirty (30) days via certified mail to the village administrator. Following receipt of such notice the village may consent to the facility being abandoned in place; however, if the village does not provide such written consent within ten (10) days of receiving the utility's notice, the utility shall remove the facility in its entirety within thirty (30) days of receipt of the village notice.
13. Cleanup And Restoration: The permittee shall remove all excess material and restore all turf and terrain and other property within ten (10) days after any portion of the public rights of way are disturbed, damaged or destroyed due to construction by the permittee, all to the satisfaction of the village. This includes restoration of entrances and side roads. Restoration of roadway surfaces shall be made using materials and methods approved by the village engineer. Such cleanup and repair may be required to consist of backfilling, regrading, reseeding, resodding, or any other requirement to restore the right of way to a condition substantially equivalent to that which existed prior to the commencement of the project.
14. Landscape Restoration:
a. All trees, landscaping and grounds removed, damaged or disturbed as a result of the construction, installation, maintenance, repair or replacement of facilities, whether such work is done pursuant to a franchise, license, or permit, shall be replaced or restored to the condition existing prior to performance of work.
b. All restoration work within the public ways shall be done in accordance with landscape plans approved by the village engineer and within fourteen (14) days after completion of construction. All restoration work shall be temporarily secured at the direction of the village engineer until such restoration is complete. Landscape restorations shall be watered sufficiently to establish such items. The time period provided herein may be extended by the village engineer for good cause shown. In the event such cleanup and restoration activities are not completed in a timely manner, no further construction activities by the permittee will be permitted to occur until the restoration and cleanup has been completed to the satisfaction of the village.
15. Restoration Of Improvements: Upon completion of any construction work, the permittee shall promptly repair or replace any and all public property and improvements, fixtures, structures and facilities in the public ways, or elsewhere damaged during the course of construction, restoring the same to its condition before the start of construction.
16. Maintenance And Emergency Maintenance:
a. General: Facilities on, over, above, along, upon, under, across, or within rights of way shall be maintained by or for the permittee in a manner satisfactory to the village at all times and at the permittee's sole expense.
b. Emergency Maintenance Procedures: Emergencies may justify noncompliance with normal procedures for securing a permit:
(1) If an emergency creates a hazard on the traveled portion of the right of way, the utility shall take immediate steps to provide all necessary protection for traffic on the highway or the public on the right of way including the use of signs, lights, barricades or flaggers. If a hazard does not exist on the traveled way, but the nature of the emergency is such as to require the parking on the shoulder of equipment required in repair operations, adequate signs and lights shall be provided. Parking on the shoulder in such an emergency will only be permitted when no other means of access to the facility is available.
(2) In an emergency, the utility shall, as soon as possible, notify the village engineer or his or her duly authorized agent, of the emergency, informing him or her as to what steps have been taken for protection of the traveling public and what will be required to make the necessary repairs. If the nature of the emergency is such as to interfere with the free movement of traffic, the village police shall be notified immediately by the utility.
(3) In an emergency, the permittee shall use all means at hand to complete repairs as rapidly as practicable and with the least inconvenience to the traveling public.
c. Emergency Repairs: The permittee must file in writing with the village a description of the repairs undertaken in the right of way within forty eight (48) hours after an emergency repair.
17. Engineer's Certification: All permit applications shall be accompanied by the certification of a registered professional engineer that the drawings, plans and specifications submitted with the application comply with all applicable technical codes, rules and regulations.
18. Issuance Of Permit: Within forty five (45) days after submission of all plans and documents required of the applicant and payment of the permit fees required by this section, the village engineer, if satisfied that the applications, plans and documents comply with all requirements of this section, shall issue a permit authorizing construction of the facilities, subject to such further conditions, restrictions or regulations affecting the time, place and manner of performing the work as he or she may deem necessary or appropriate.
19. Construction Schedule: The permittee shall submit a written construction schedule to the village engineer ten (10) working days before commencing any work in or about the public ways. The permittee shall further notify the village engineer not less than five (5) working days in advance of any excavation or work in the public ways. The village may require that the permittee provide various types of public notification, at the permittee's expense, to those parties and adjacent property owners that would be impacted by the operations.
20. Compliance With Permit: All construction practices and activities shall be in accordance with the permit and approved final plans and specifications for the facilities; provided, however, that upon request of the permittee, the village engineer may approve alterations with respect to the approved plans and specifications which are typically handled as field changes in the construction industry. The village engineer and his representatives shall be provided access to the work and such further information as he or she may require to ensure compliance with such requirements.
21. Display Of Permit: The permittee shall maintain a copy of the construction permit and approved plans at the construction site, which shall be displayed and made available for inspection by the village engineer or his representatives at all times when construction work is occurring.
22. Survey Of Underground Facilities: If the construction permit specifies the location of facilities by depth, line, grade, proximity to other facilities or other standard, the permittee shall cause the location of such facilities to be verified by a registered Illinois land surveyor. The permittee shall relocate any facilities which are not located in compliance with permit requirements.
23. Noncomplying Work: Upon order of the village engineer, all work which does not comply with the permit, the approved plans and specifications for the work, or the requirements of this section, shall be removed.
24. Completion Of Construction: The permittee shall promptly complete all construction activities so as to minimize disruption of the public ways and other public and private property. All construction work authorized by a permit within public ways, including restoration, must be completed within one hundred twenty (120) days of the date of issuance.
25. Record Drawings: Within sixty (60) days after completion of construction, the permittee shall submit one complete set of twenty four inch by thirty six inch (24" x 36") mylar drawings, and reproducible drawings in the scanned digital format TIFF (tag image file format) or in another electronic version specified by the village or an equivalent approved by the village engineer, accurately depicting the location of all facilities constructed pursuant to the permit.
26. Construction Surety: Prior to issuance of a construction permit, the permittee shall provide a security, as provided in subsections G20 and G21 of this section.
27. Exceptions: Unless otherwise provided in a license or franchise agreement, or by applicable law, all telecommunications carriers and utility providers are subject to the requirements of this subsection H.
28. Responsibility Of Owner: The owner of the facilities to be constructed and, if different, the licensee or franchisee are responsible for performance of and compliance with all provisions of this section. (Ord. 2016-47, 12-15-2016)
Notes
| 1 | 1. 220 ILCS 5/21-100 et seq. |