O-07-07 01/08/2007VILLAGE OF LEMONT
ORDINANCE NO., 0 -07 -67
AN ORDINANCE ADDING CHAPTER 12.30
ESTABLISHING STANDARDS FOR
THE CONSTRUCTION OF FACILITIES ON THE
PUBLIC RIGHTS -OF -WAY
ADOPTED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF LEMONT
THIS 8th DAY OF JANUARY, 2007
Published in pamphlet form by
authority of the President and
Board of Trustees of the Village
of Lemont, Cook, DuPage, and Will
Counties, Illinois this 8th
day of January, 2007
ORDINANCE NO-1 - 07
AN ORDINANCE ADDING CHAPTER 12.30
ESTABLISHING STANDARDS FOR
THE CONSTRUCTION OF FACILITIES ON THE
PUBLIC RIGHTS -OF -WAY
WHEREAS, the Village has the authority to adopt ordinances and to promulgate rules
and regulations [that pertain to its government and affairs and] governing the use of
public rights -of -ways and that protect the public health, safety, and welfare of its citizens;
and
WHEREAS, in addition this Ordinance is adopted pursuant to the provisions of the
Illinois Municipal Code, including, without limitation, Sections 11 -20 -5, 11- 20 -10, 1-1-
80-1, 11 -80 -3, 11 -80 -6, 11 -80 -7, 11 -80 -8, 11- 80 -10, and 11- 80 -13, all of which are found
in Chapter 65 of the Illinois Compiled Statutes; Section 30 of the Illinois
Telecommunications Municipal Infrastructure Maintenance Fee Act, 35 ILCS 635/30;
Section 4 of the Telephone Company Act, 220 ILCS 65/4; and the Illinois Highway
Code, including, without limitation, Articles 7 and 9 thereof, 605 ILCS 5/1 -101 et seq.;
and
WHEREAS, this Ordinance establishes generally applicable standards for construction
on, over, above, along, upon, under, across, or within, use of and repair of, the public
right -of -way; and
WHEREAS, in the enactment of this ordinance, the Village has considered a variety
of standards for construction on, over, above, along, under, across, or within, use of and
repair of the public right -of -way, including, but not limited to, the standards relating to
Accommodation of Utilities on Right -of -Way of the Illinois State Highway System
promulgated by the Illinois Department of Transportation and found at 92 Ill. Adm. Code
§ 530.10 et seq.; and
WHEREAS, the Village hereby finds that it is in the best interest of the
Village, the public and the utilities using the public rights -of -way to establish a
comprehensive set of construction standards and requirements to achieve various
beneficial goals, including, without limitation, enhancing the planning of new utility
facilities; minimizing interference with, and damage to, rights -of -way and the streets,
sidewalks, and other structures and improvements located in, on, over and above the
rights -of -way; and reducing costs and expenses to the public;
NOW, THEREFORE, BE IT ORDAINED by the President and Board of Trustees of
the Village of Lemont as follows:
Section 1. Recitals. The facts and statements contained in the preambles to this
Ordinance are found to be true and correct and are hereby adopted as part of this
Ordinance.
Section 2. Adoption. Chapter 15.30 is added to the Lemont Municipal Code, to Read as
follows:
CHAPTER 12.30 CONSTRUCTION OF UTILITY FACILITIES IN THE PUBLIC
RIGHTS -OF -WAY
12.30.010 Purpose and Scope.
A. Purpose. The purpose of this Chapter is to establish policies and procedures
for constructing facilities on rights -of -way within the Village's jurisdiction, which will
provide public benefit consistent with the preservation of the integrity, safe usage, and
visual qualities of the Village rights -of -way and the Village as a whole.
B. Facilities Subject to this Chapter. This Chapter applies to all facilities on, over,
above, along, upon, under, across, or within the public rights -of -way within the
jurisdiction of the Village. A facility lawfully established prior to the effective date of
this Chapter may continue to be maintained, repaired and operated by the utility as
presently constructed and located, except as may be otherwise provided in any applicable
franchise, license or similar agreement.
C. Franchises, Licenses, or Similar Agreements. The Village, in its discretion and
as limited by law, may require utilities to enter into a franchise, license or similar
agreement for the privilege of locating their facilities on, over, above, along, upon, under,
across, or within the Village rights -of -way. Utilities that are not required by law to enter
into such an agreement may request that the Village enter into such an agreement. In such
an agreement, the Village may provide for terms and conditions inconsistent with this
Chapter.
D. Effect of Franchises, Licenses, or Similar Agreements.
1) Utilities Other Than Telecommunications Providers. In the event that a
utility other than a telecommunications provider has a franchise, license or similar
agreement with the Village, such franchise, license or similar agreement shall
govern and control during the term of such agreement and any lawful renewal or
extension thereof.
2) Telecommunications Providers. In the event of any conflict with, or
inconsistency between, the provisions of this Chapter and the provisions of any
franchise, license or similar agreement between the Village and any
telecommunications provider, the provisions of such franchise, license or similar
agreement shall govern and control during the during the term of such agreement
and any lawful renewal or extension thereof.
E. Conflicts with other Chapters. This Chapter supersedes all Chapters or parts of
Chapters adopted prior hereto that are in conflict herewith, to the extent of such conflict.
F. Conflicts with State and Federal Laws. In the event that applicable federal or
State laws or regulations conflict with the requirements of this Chapter, the utility shall
comply with the requirements of this Chapter to the maximum extent possible without
violating federal or State laws or regulations.
G. Sound Engineering Judgment. The Village shall use sound engineering
judgment when administering this Chapter and may vary the standards, conditions, and
requirements expressed in this Chapter when the Village so determines. Nothing herein
shall be construed to limit the ability of the Village to regulate its rights -of -way for the
protection of the public health, safety and welfare.
12.30.020 Definitions.
As used in this Chapter and unless the context clearly requires otherwise, the words and
terms listed shall have the meanings ascribed to them in this Section. Any term not
defined in this Section shall have the meaning ascribed to it in 92 Ill. Adm. Code §
530.30, unless the context clearly requires otherwise.
A. "AASHTO" - American Association of State Highway and Transportation
Officials.
B. "ANSI" - American National Standards Institute.
C. "Applicant" - A person applying for a permit under this Article[Chapter].
D. "ASTM" - American Society for Testing and Materials.
E. "Backfill" - The methods or materials for replacing excavated material in a
trench or pit.
F. "Bore" or "Boring" - To excavate an underground cylindrical cavity for the
insertion of a pipe or electrical conductor.
G. "Carrier Pipe" - The pipe enclosing the liquid, gas or slurry to be transported.
H. "Casing" - A structural protective enclosure for transmittal devices such as:
carrier pipes, electrical conductors, and fiber optic devices.
I. "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 non recoverable 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.
J. "Coating" - Protective wrapping or mastic cover applied to buried pipe for
protection against extemal corrosion.
K. "Code" - The Municipal Code of the Village of Lemont.
L. "Conductor" - Wire carrying electrical current.
M. "Conduit" - A casing or encasement for wires or cables.
N. "Construction" or "Construct" - The installation, repair, maintenance,
placement, alteration, enlargement, demolition, modification or abandonment in place of
facilities.
O. "Cover" The depth of earth or backfill over buried utility pipe or conductor.
P. "Crossing Facility" - A facility that crosses one or more right -of -way lines of a
right -of -way.
Q. "Director of Public Works" - The Village Director of Public Works or his or
her designee.
R. "Disrupt the Right -of -Way" - For the purposes of this Chapter, any work 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.
S. "Emergency" - Any immediate maintenance to the facility required for the
safety of the public using or in the vicinity of the right -of -way or immediate maintenance
required for the health and safety of the general public served by the utility.
T. 'Encasement" - Provision of a protective casing.
U. "Engineer" - The Village Engineer or his or her designee.
V. "Equipment" - Materials, tools, implements, supplies, and /or other items used
to facilitate construction of facilities.
W. "Excavation" - The making of a hole or cavity by removing material, or
laying bare by digging.
X. "Extra Heavy Pipe" - Pipe meeting ASTM standards for this pipe designation.
Y. "Facility" - All structures, devices, objects, and materials (including track and
rails, wires, ducts, fiber optic cable, communications and video cables and wires, poles,
conduits, grates, covers, pipes, cables, and appurtenances thereto) located on, over,
above, along, upon, under, across, or within rights -of -way under this Chapter, except
those owned by the Village.
Z. "Freestanding Facility" - A facility that is not a crossing facility or a parallel
facility, such as an antenna, transformer, pump, or meter station.
AA. "Frontage Road" - Roadway, usually parallel, providing access to land
adjacent to the highway where it is precluded by control of access on highway.
BB. "Hazardous Materials" - Any substance or material which, due to its
quantity, form, concentration, location, or other characteristics, is determined by the
Village Director of Public Works 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.
CC. "Highway Code" - The Illinois Highway Code, 605 ILCS 5/1 -101 et seq., as
amended from time to time.
DD. "Highway" - A specific 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.
EE. "IDOT" - Illinois Department of Transportation.
FF. "ILCC" - Illinois Commerce Commission.
GG. "Jacking" - Pushing a pipe horizontally under a roadway by mechanical
means with or without boring.
HH. "Jetting" - Pushing a pipe through the earth using water under pressure to
create a cavity ahead of the pipe.
II. "Joint Use" - The use of pole lines, trenches or other facilities by two or more
utilities.
JJ. "Major Intersection" - The intersection of two or more major arterial
highways.
KK. "Occupancy" - The presence of facilities on, over or under right -of -way.
LL. "Parallel Facility" - A facility that is generally parallel or longitudinal to the
centerline of a right -of -way.
MM. "Parkway" - Any portion of the right -of -way not improved by street or
sidewalk.
NN. "Pavement Cut" - The removal of an area of pavement for access to facility
or for the construction of a facility.
00. "Permittee" - That entity to which a permit has been issued pursuant to
Sections .040 and .050 of this Chapter.
PP. "Practicable" - That which is performable, feasible or possible, rather than
that which is simply convenient.
QQ. "Pressure" - The internal force acting radially against the walls of a carrier
pipe expressed in pounds per square inch gauge (psig).
RR. "Petroleum Products Pipelines" - Pipelines carrying crude or refined liquid
petroleum products including, but not limited to, gasoline, distillates, propane, butane, or
coal - slurry.
SS. "Prompt" - That which is done within a period of time specified by the
Village. If no time period is specified, the period shall be 30 days.
TT. "Public Entity" - A legal entity that constitutes or is part of the government,
whether at local, state or federal level.
UU. "Restoration" - The repair of a right -of -way, highway, roadway, or other
area disrupted by the construction of a facility.
VV. "Right -of -Way" - Any street, alley, other land or waterway, dedicated or
commonly used for utility purposes, including utility easements in which the Village has
the right and authority to authorize, regulate or permit the location of facilities other than
those of the Village. "Right -of -way" shall not include any real or personal Village
property that is not specifically described in the previous two sentences and shall not
include Village buildings, fixtures, and other structures or improvements, regardless of
whether they are situated in the right -of -way.
WW. "Roadway" - That part of the highway that includes the pavement and
shoulders.
XX. "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.
YY. "Security Fund" - That amount of security required pursuant to Section .010.
"Shoulder" - A width of roadway, adjacent to the pavement, providing lateral support to
the pavement edge and providing an area for emergency vehicular stops and storage of
snow removed from the pavement.
ZZ. "Sound Engineering Judgment" - A decision(s) consistent with generally
accepted engineering principles, practices and experience.
AB. "Telecommunications" - This term 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, specialized mobile radio services, 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. Unless the
context clearly requires otherwise, "telecommunications" shall also include wireless
telecommunications as defined in the Illinois Telecommunications Infrastructure
Maintenance Fee Act, 35 ILCS 635/1 et seq.
AC. "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. "Telecommunications" shall not
include purchase of telecommunications by a telecommunications service provider for
use as a component part of the service provided by him or her to the ultimate retail
consumer who originates or terminates the end -to -end communications. Retailer access
charges, right of access charges, charges for use of intercompany facilities, and all
telecommunications resold in the subsequent provision and used as a component of, or
integrated into, end -to -end telecommunications service shall not be included in gross
charges as sales for resale. "Telecommunications" shall not include the provision of cable
services through a cable system as defined in the Cable Communications Act of 1984 (47
U.S.C. Sections 521 and following) as now or hereafter amended or 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 C.D.F. 76.1550 and following) as now or hereafter amended.
AD. "Telecommunications Provider" - Means any person that installs, owns,
operates or controls facilities in the public right -of -way used or designed to be used to
transmit telecommunications in any form.
AE. "Telecommunications Retailer" - Means and includes every person engaged
in making sales of telecommunications at retail as defined herein.
AF. "Trench" - A relatively narrow open excavation for the installation of an
underground facility.
AG. "Utility" - The individual or entity owning or operating any facility as
defined in this Chapter.
AH. "Vent" - A pipe to allow the dissipation into the atmosphere of gases or
vapors from an underground casing.
Al. "Village" - The Village of Lemont.
AJ. "Water Lines" - Pipelines carrying raw or potable water.
AK. "Wet Boring" - Boring using water under pressure at the cutting auger to
soften the earth and to provide a sluice for the excavated material.
12.30.030 Annual Registration Required.
Every utility that occupies right -of -way within the Village shall register on January 1 of
each year with the Director of Public Works, providing the utility's name, address and
regular business telephone and telecopy numbers, the name of one or more contact
persons who can act on behalf of the utility in connection with emergencies involving the
utility's facilities in the right -of -way and a 24 -hour telephone number for each such
person, and evidence of insurance as required in Section .080 of this Chapter, in the form
of a certificate of insurance. A telecommunications provider that has registered under this
Section, shall be deemed to have satisfied the registration requirement under Section .2 of
this Code.
12.30.040 Permit Required; Applications and Fees.
A. Permit Required. No person shall construct (as defined in this Chapter) any
facility on, over, above, along, upon, under, across, or within any Village right -of -way
which:
(1) changes the location of the facility,
(2) adds a new facility,
(3) disrupts the right -of -way (as defined in this Chapter), or
(4) materially increases the amount of area or space occupied by the
facility on, over, above, along, under across or within the right -of -way, without
first filing an application with the Director of Public Works and obtaining a
permit from the Village therefore, except as otherwise provided in this Chapter.
No permit shall be required for installation and maintenance of service
connections to customers' premises where there will be no disruption of the right -
of -way.
B. Permit Application. All applications for permits pursuant to this Chapter shall
be filed on a form provided by the Village and shall be filed in such number of duplicate
copies as the Village may designate. The applicant may designate those portions of its
application materials that is reasonably believes contain proprietary or confidential
information as "proprietary" or "confidential" by clearly marking each page of such
materials accordingly.
C. Minimum General Application Requirements. The application shall be made
by the utility or its duly authorized representative and shall contain, at a minimum, the
following:
1) The utility's name and address and telephone and telecopy numbers;
2) The applicant's name and address, if different than the utility, its
telephone, telecopy numbers, e -mail address, and its interest in the work;
3) The names, addresses and telephone and telecopy numbers and e-mail
addresses of all professional consultants, if any, advising the applicant with
respect to the application;
4) A general description of the proposed work and the purposes and intent
of the facility and the uses to which the facility will be put. The scope and detail
of such description shall be appropriate to the nature and character of the work to
be performed, with special emphasis on those matters likely to be affected or
impacted by the work proposed;
5) Evidence that the utility has placed on file with the Village:
i) A written traffic control plan demonstrating the protective
measures and devices that will be employed consistent with the Illinois
Manual on Uniform Traffic Control Devices, to prevent injury or damage
to persons or property and to minimize disruptions to efficient pedestrian
and vehicular traffic; and
ii) An emergency contingency plan which shall specify the nature
of potential emergencies, including, without limitation, construction and
hazardous materials emergencies, and the intended response by the
applicant. The intended response shall include notification to the Village
and shall promote protection of the safety and convenience of the public.
Compliance with ILCC regulations for emergency contingency plans
constitutes compliance with this Section unless the Village finds that
additional information or assurances are needed;
6) Drawings, plans and specifications showing the work proposed,
including the certification of an engineer that such drawings, plans, and
specifications comply with applicable codes, rules, and regulations;
7) Evidence of insurance as required in Section .080 of this Chapter;
8) Evidence of posting of the security fund as required in Section .110 of
this Chapter;
9) Any request for a variance from one or more provisions of this Chapter
(See Section .210); and
10) Such additional information as may be reasonably required by the
Village.
D. Supplemental Application Requirements for Specific Types of Utilities. In
addition to the requirements of Subsection C) of this Section, the permit application shall
include the following items as applicable to the specific utility that is the subject of the
permit application:
1) In the case of new electric power, communications or natural gas
distribution system installation, evidence that any "Certificate of Public
Convenience and Necessity" has been issued by the ILCC that the applicant is
required by law, or has elected, to obtain;
2) In the case of natural gas systems, state the proposed pipe size, design,
construction class, and operating pressures;
3) In the case of water lines, indicate that all requirements of the Illinois
Environmental Protection Agency, Division of Public Water Supplies, have been
satisfied;
4) In the case of sewer line installations, indicate that the land and water
pollution requirements of the Illinois Environmental Protection Agency, Division
of Water Pollution Control and the Metropolitan Water Reclamation
District[other local or state entities with jurisdiction], have been satisfied; or
5) In the case of petroleum products pipelines, state the type or types of
petroleum products, pipe size, maximum working pressure, and the design
standard to be followed.
E. Applicant's Duty to Update Information. Throughout the entire permit
application review period and the construction period authorized by the permit, any
amendments to information contained in a permit application shall be submitted by the
utility in writing to the Village within thirty (30) days after the change necessitating the
amendment.
F. Application Fees. Unless otherwise provided by franchise, license, or similar
agreement, all applications for permits pursuant to this Chapter shall be accompanied by
a fee in the amount of $25.00. No application fee is required to be paid by any
telecommunications retailer that is paying the municipal telecommunications
infrastructure maintenance fee pursuant to Chapter 3.32 of this Code or the optional state
telecommunications infrastructure maintenance fee pursuant to the Telecommunications
Municipal Infrastructure Maintenance Fee Act, or by any electricity utility that is paying
the municipal electricity infrastructure maintenance fee pursuant to the Electricity
Infrastructure Maintenance Fee Act.
12.30.050 Action on Permit Applications.
A. Village Review of Permit Applications. Completed permit applications,
containing all required documentation, shall be examined by the Village Engineer within
a reasonable time after filing. If the application does not conform to the requirements of
all applicable ordinances, codes, laws, rules, and regulations, the Village Engineer shall
reject such application in writing, stating the reasons therefore. If the Village Engineer is
satisfied that the proposed work conforms to the requirements of this Chapter and all
applicable ordinances, codes, laws, rules, and regulations, the Village Engineer shall
issue a permit therefore as soon as practicable.
B. Additional Village Review of Applications of Telecommunications Retailers.
1) Pursuant to Section 4 of the Telephone Company Act, 220 ILCS 65/4, a
telecommunications retailer shall notify the Village that it intends to commence
work governed by this Chapter for facilities for the provision of
telecommunications services. Such notice shall consist of plans, specifications,
and other documentation sufficient to demonstrate the purpose and intent of the
facilities, and shall be provided by the telecommunications retailer to the Village
not Less than ten (10) days prior to the commencement of work requiring no
excavation and not less than thirty (30) days prior to the commencement of work
requiring excavation. The Village Engineer shall specify the portion of the right -
of -way upon which the facility may be placed, used and constructed.
2) In the event that the Village Engineer fails to provide such specification
of location to the telecommunications retailer within either (i) ten (10) days after
service of notice to the Village by the telecommunications retailer in the case of
work not involving excavation for new construction or (ii) twenty -five (25) days
after service of notice by the telecommunications retailer in the case of work
involving excavation for new construction, the telecommunications retailer may
commence work without obtaining a permit under this Chapter.
3) Upon the provision of such specification by the Village, where a permit
is required for work pursuant to Section .040 of this Chapter the
telecommunications retailer shall submit to the Village an application for a permit
and any and all plans, specifications and documentation available regarding the
facility to be constructed. Such application shall be subject to the requirements of
Subsection (a) of this Section.
12.30.060 Effect of Permit.
A. Authority Granted; No Property Right or Other Interest Created. A permit
from the Village authorizes a permittee to undertake only certain activities in accordance
with this Chapter on Village rights -of -way, and does not create a property right or grant
authority to the permittee to impinge upon the rights of others who may have an interest
in the public rights -of -way.
B. Compliance with All Laws Required. The issuance of a permit by the Village
does not excuse the permittee from complying with other requirements of the Village and
all applicable statutes, laws, ordinances, rules, and regulations.
12.30.070 Revised Permit Drawings.
In the event that the actual locations of any facilities deviate in any material respect from
the locations identified in the plans, drawings and specifications submitted with the
permit application, the permittee shall submit a revised set of drawings or plans to the
Village within ninety (90) days after the completion of the permitted work. The revised
drawings or plans shall specifically identify where the locations of the actual facilities
deviate from the locations approved in the permit. If any deviation from the permit also
deviates from the requirements of this Chapter, it shall be treated as a request for variance
in accordance with Section .210 of this Chapter. If the Village denies the request for a
variance, then the permittee shall either remove the facility from the right -of -way or
modify the facility so that it conforms to the permit and submit revised drawings or plans
therefore.
12.30.080 Insurance.
A. Required Coverages and Limits. Unless otherwise provided by franchise,
license, or similar agreement, each utility occupying right -of -way or constructing any
facility in the right -of -way shall secure and maintain the following liability insurance
policies insuring the utility as named insured and naming the Village, and its elected and
appointed officers, officials, agents, and employees as additional insureds on the policies
listed in paragraphs 1 and 2 below:
1) Commercial general liability insurance, including premises- operations,
explosion, collapse, and underground hazard (commonly referred to as "X," "C,"
and "U" coverages) and products - completed operations coverage with limits not
less than:
i) Five million dollars ($5,000,000) for bodily injury or death to
each person;
ii) Five million dollars ($5,000,000) for property damage resulting
from any one accident; and
iii) Five million dollars ($5,000,000) for all other types of liability;
2) Automobile liability for owned, non -owned and hired vehicles with a
combined single limit of one million dollars ($1,000,000) for personal injury and
property damage for each accident;
3) Worker's compensation with statutory limits; and
4) Employer's liability insurance with limits of not less than one million
dollars ($1,000,000) per employee and per accident.
B. Excess or Umbrella Policies. The coverages 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.
C. Copies Required. The utility shall provide copies of any of the policies
required by this Section to the Village within ten (10) days following receipt of a written
request therefore from the Village.
D. Maintenance and Renewal of Required Coverages. The insurance policies
required by this Section 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 thirty (30) days after receipt by the Village, by registered mail
or certified mail, return receipt requested, of a written notice addressed to the Village
Administrator of such intent to cancel or not to renew." Within ten (10) days after receipt
by the Village of said notice, and in no event later than ten (10) days prior to said
cancellation, the utility shall obtain and furnish to the Village evidence of replacement
insurance policies meeting the requirements of this Section.
E. Self - Insurance. A utility may self - insure all or a portion of the insurance
coverage and limit requirements required by Subsection a) of this Section. A utility that
self - insures is not required, to the extent of such self - insurance, to comply with the
requirement for the naming of additional insureds under Subsection a), or the
requirements of Subsections b), c) and d) of this Section. A utility that elects to self -
insure shall provide to the Village evidence sufficient to demonstrate its financial ability
to self - insure the insurance coverage and limit requirements required under Subsection a)
of this Section, such as evidence that the utility is a "private self insurer" under the
Workers Compensation Act.
F. Effect of Insurance and Self - Insurance on Utility's Liability. The legal liability
of the utility to the Village and any person for any of the matters that are the subject of
the insurance policies or self - insurance required by this Section shall not be limited by
such insurance policies or self - insurance or by the recovery of any amounts thereunder.
12.30.090 Indemnification.
By occupying or constructing facilities in the right -of -way, a utility shall be deemed to
agree to defend, indemnify and hold the Village and its elected and appointed officials
and officers, employees, agents and representatives harmless from and against any and all
injuries, claims, demands, judgments, damages, losses and expenses, including
reasonable attorney's 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 utility or its affiliates, officers, employees, agents,
contractors or subcontractors in the construction of facilities or occupancy of the rights -
of -way, and in providing or offering service over the facilities, whether such acts or
omissions are authorized, allowed or prohibited by this Chapter or by a franchise, license,
or similar agreement; provided, however, that the utility's indemnity obligations
hereunder shall not apply to any injuries, claims, demands, judgments, damages, losses or
expenses arising out of or resulting from the negligence, misconduct or breach of this
Chapter by the Village, its officials, officers, employees, agents or representatives.
12.30.100 Security.
A. Purpose. The permittee shall establish a Security Fund in a form and in an
amount as set forth in this Section. The Security Fund shall be continuously maintained
in accordance with this Section at the permittee's sole cost and expense until the
completion of the work authorized under the permit. The Security Fund shall serve as
security for:
1) The faithful performance by the permittee of all the requirements of this
Chapter;
2) Any expenditure, damage, or loss incurred by the Village occasioned by
the permittee's failure to comply with any codes, rules, regulations, orders,
permits and other directives of the Village issued pursuant to this Chapter; and
3) The payment by permittee of all liens and all damages, claims, costs, or
expenses that the Village may pay or incur by reason of any action or non-
performance by permittee in violation of this Chapter including, without
limitation, any damage to public property or restoration work the permittee is
required by this Chapter to perform that the Village must perform itself or have
completed as a consequence solely of the permittee's failure to perform or
complete, and all other payments due the Village from the permittee pursuant to
this Chapter or any other applicable law.
B. Form. The permittee shall provide the Security Fund to the Village in the form,
at the permittee's election, of cash, a surety bond in a form acceptable to the Village, or
an unconditional letter of credit in a form acceptable to the Village. Any surety bond or
letter of credit provided pursuant to this Subsection shall, at a minimum:
1) Provide that it will not be canceled without prior notice to the Village
and the permittee;
2) Not require the consent of the permittee prior to the collection by the
Village of any amounts covered by it; and
3) Shall provide a location convenient to the Village and within the State
of Illinois at which it can be drawn.
C. Amount. The dollar amount of the Security Fund shall be sufficient to provide
for the reasonably estimated cost to restore the right -of -way to at least as good a
condition as that existing prior to the construction under the permit, as determined by the
Village Director of Public Works, and may also include reasonable, directly related costs
that the Village estimates are likely to be incurred if the permittee fails to perform such
restoration. Where the construction of facilities proposed under the permit will be
performed in phases in multiple locations in the Village, with each phase consisting of
construction of facilities in one location or a related group of locations, and where
construction in another phase will not be undertaken prior to substantial completion of
restoration in the previous phase or phases, the Village Director of Public Works may, in
the exercise of sound discretion, allow the permittee to post a single amount of security
which shall be applicable to each phase of the construction under the permit. The amount
of the Security Fund for phased construction shall be equal to the greatest amount that
would have been required under the provisions of this Subsection (c) for any single
phase.
D. Withdrawals. The Village, upon fourteen (14) days' advance written notice
clearly stating the reason for, and its intention to exercise withdrawal rights under this
Subsection, may withdraw an amount from the Security Fund, provided that the permittee
has not reimbursed the Village for such amount within the fourteen (14) day notice
period. Withdrawals may be made if the permittee:
1) Fails to make any payment required to be made by the permittee
hereunder;
2) Fails to pay any liens relating to the facilities that are due and unpaid;
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 non - performance by the permittee; 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.
E. Replenishment. Within fourteen (14) days after receipt of written notice from
the Village that any amount has been withdrawn from the Security Fund, the permittee
shall restore the Security Fund to the amount specified in Subsection c) of this Section.
F. Interest. The permittee may request that any and all interest accrued on the
amount in the Security Fund be returned to the permittee by the Village, upon written
request for said withdrawal to the Village, provided that any such withdrawal does not
reduce the Security Fund below the minimum balance required in Subsection c) of this
Section.
G. Closing and Return of Security Fund. Upon completion of the work authorized
under the permit, the permittee shall be entitled to the return of the Security Fund, or such
portion thereof as remains on deposit, within a reasonable time after account is taken for
all offsets necessary to compensate the Village for failure by the permittee to comply
with any provisions of this Chapter or other applicable law. In the event of any revocation
of the permit, the Security Fund, and any and all accrued interest therein, shall become
the property of the Village to the extent necessary to cover any reasonable costs, loss or
damage incurred by the Village as a result of said revocation, provided that any amounts
in excess of said costs, loss or damage shall be refunded to the permittee.
H. Rights Not Limited. The rights reserved to the Village with respect to the
Security Fund are in addition to all other rights of the Village, whether reserved by this
Chapter or otherwise authorized by law, and no action, proceeding or exercise of right
with respect to said Security Fund shall affect any other right the Village may have.
Notwithstanding the foregoing, the Village shall not be entitled to a double monetary
recovery with respect to any of its rights which may be infringed or otherwise violated.
12.30.110 Permit Suspension and Revocation.
A. Village Right to Revoke Permit. The Village may revoke or suspend a permit
issued pursuant to this Chapter for one or more of the following reasons:
1) Fraudulent, false, misrepresenting, or materially incomplete statements
in the permit application;
2) Non - compliance with this Chapter;
3) Permittee's physical presence or presence of permittee's facilities on,
over, above, along, upon, under, across, or within the public rights -of -way
presents a direct or imminent threat to the public health, safety, or welfare; or
4) Permittee's failure to construct the facilities substantially in accordance
with the permit and approved plans.
B. Notice of Revocation or Suspension. The Village shall send written notice of
its intent to revoke or suspend a permit issued pursuant to this Chapter stating the reason
or reasons for the revocation or suspension and the alternatives available to permittee
under this Section .110.
C. Permittee Alternatives Upon Receipt of Notice of Revocation or Suspension.
Upon receipt of a written notice of revocation or suspension from the Village, the
permittee shall have the following options:
1) Immediately provide the Village with evidence that no cause exists for
the revocation or suspension;
2) Immediately correct, to the satisfaction of the Village, the deficiencies
stated in the written notice, providing written proof of such correction to the
Village within five (5) working days after receipt of the written notice of
revocation; or
3) Immediately remove the facilities located on, over, above, along, upon,
under, across, or within the public rights -of -way and restore the rights -of -way to
the satisfaction of the Village providing written proof of such removal to the
Village within ten (10) days after receipt of the written notice of revocation. The
Village may, in its discretion, for good cause shown, extend the time periods
provided in this Subsection.
D. Stop Work Order. In addition to the issuance of a notice of revocation or
suspension, the Village may issue a stop work order immediately upon discovery of any
of the reasons for revocation set forth within Subsection a) of this Section.
e) Failure or Refusal of the Permittee to Comply. If the permittee fails to comply with the
provisions of Subsection c) of this Section, the Village or its designee may, at the option
of the Village:
(1) correct the deficiencies;
(2) upon not less than twenty (20) days notice to the permittee, remove the
subject facilities or equipment; or
(3) after not less than thirty (30) days notice to the permittee of failure to
cure the non - compliance, deem them abandoned and property of the Village. The
permittee shall be liable in all events to the Village for all costs of removal.
12.30.120 Change of Ownership or Owner's Identity or Legal Status.
A. Notification of Change. A utility shall notify the Village no less than thirty
(30) days prior to the transfer of ownership of any facility in the right -of -way or change
in identity of the utility. The new owner of the utility or the facility shall have all the
obligations and privileges enjoyed by the former owner under the permit, if any, and all
applicable laws, ordinances, rules and regulations, including this Chapter, with respect to
the work and facilities in the right -of -way.
B. Amended Permit. A new owner shall request that any current permit be
amended to show current ownership. If the new owner fails to have a new or amended
permit issued in its name, the new owner shall be presumed to have accepted, and agreed
to be bound by, the terms and conditions of the permit if the new owner uses the facility
or allows it to remain on the Village's right -of -way.
C. Insurance and Bonding. All required insurance coverage or bonding must be
changed to reflect the name of the new owner upon transfer.
12.30.130 General Construction Standards.
A. Standards and Principles. All construction in the right -of -way shall be
consistent with 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
IDOT publications:
1) Standard Specifications for Road and Bridge Construction;
2) Supplemental Specifications and Recurring Special Provisions;
3) Highway Design Manual;
4) Highway Standards Manual;
5) Standard Specifications for Traffic Control Items;
6) Illinois Manual on Uniform Traffic Control Devices (92 Ill. Adm. Code
§ 545);
7) Flagger's Handbook; and
8) Work Site Protection Manual for Daylight Maintenance Operations.
B. Interpretation of Municipal Standards and Principles. If a discrepancy exists
between or among differing principles and standards required by this Chapter, the Village
Engineer shall determine, in the exercise of sound engineering judgment, which
principles apply and such decision shall be final. If requested, the Village Engineer shall
state which standard or principle will apply to the construction, maintenance, or operation
of a facility in the future.
12.30.140 Traffic Control.
A. Minimum Requirements. The Village's minimum requirements for traffic
protection are contained in IDOT's Illinois Manual on Uniform Traffic Control Devices
and this Code.
B. Warning Signs, Protective Devices, and Flaggers. The utility is 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 utility'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 utility 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 Section .020 of this Chapter, the utility shall
provide such notice as is practicable under the circumstances.
E. Compliance. The utility shall take immediate action to correct any deficiencies
in traffic protection requirements that are brought to the utility's attention by the Village.
12.30.150 Location of Facilities.
A. 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:
i) 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;
ii) Where pavement is curbed, poles are as remote as practicable
from the curb with a minimum distance of two and half feet (0.8 m)
behind the face of the curb, where available;
iii) Where pavement is uncurbed, poles are as remote from
pavement edge as practicable with minimum distance of four feet (1.2 m)
outside the outer shoulder line of the roadway and are not within the clear
zone;
iv) No pole is located in the ditch line of a highway; and
v) Any ground- mounted appurtenance is located within one foot
(0.3 m) 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:
i) The facility is located as near the right -of -way line as practicable
and not more than eight (8) feet (2.4 m) from and parallel to the right -of-
way line;
ii) 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
iii) In the case of an underground power or communications line,
the facility shall be located as near the right -of -way line as practicable and
not more than five (5) feet (1.5 m) from the right -of -way line and any
above - grounded appurtenance shall be located within one foot (0.3 m) of
the right -of -way line or as near as practicable.
B. Facilities Crossing Highways.
1) No Future Disruption. The construction and design of crossing facilities
installed between the ditch lines or curb lines of Village highways may require the
incorporation of materials and protections (such as encasement or additional
cover) to avoid settlement or future repairs to the roadbed resulting from the
installation of such crossing facilities.
2) Culverts, or Drainage Facilities. Crossing facilities shall not be located
in culverts, or drainage facilities.
3) 90 Degree Crossing Required. Crossing facilities shall cross at or as
near to a ninety (90) degree angle to the centerline as practicable.
4) Overhead Power or Communication Facility. An overhead power or
communication facility may cross a highway only if:
i) It has a minimum vertical line clearance as required by ILCC's
rules entitled, "Construction of Electric Power and Communication Lines"
(83 Ill. Adm. Code 305);
ii) Poles are located within one foot (0.3 m) of the right -of -way
line of the highway and outside of the clear zone; and iii) Overhead
crossings at major intersections are avoided.
5) Underground Power or Communication Facility. An underground
power or communication facility may cross a highway only if:
i) The design materials and construction methods will provide
maximum maintenance -free service life; and
ii) Capacity for the utility's foreseeable future expansion needs is
provided in the initial installation.
6) Markers. The Village may require the utility to provide a marker at each
right -of -way line where an underground facility other than a power or
communication facility crosses a highway. Each marker shall identify the type of
facility, the utility, and an emergency phone number. Markers may also be
eliminated as provided in current Federal regulations. (49 C.F.R. 192.707 (1989)).
C. 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.
D. Freestanding Facilities.
1) The Village may restrict the location and size of any freestanding
facility located within a right -of -way.
2) The Village may require any freestanding facility located within a right -
of -way to be screened from view.
E. Appearance Standards.
1) The Village may prohibit the installation of facilities in particular
locations in order to preserve visual quality.
2) A facility may be constructed only if its construction does not require
extensive removal or alteration of trees or terrain features visible to the highway
user or impair the aesthetic quality of the lands being traversed.
F. Above Ground Installation. Above ground 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.
G. Facility Attachments to Bridges or Roadway Structures.
1) Facilities may be installed as attachments to bridges or roadway
structures only where the utility has demonstrated that all other means of
accommodating the facility are not practicable. Other means shall include, but are
not limited to, underground, underwater, independent poles, cable supports and
tower supports, all of which are completely separated from the bridge or roadway
structure. Facilities transmitting commodities that are volatile, flammable,
corrosive, or energized, especially those under significant pressure or potential,
present high degrees of risk and such installations are not permitted.
2) A utility shall include in its request to accommodate a facility
installation on a bridge or roadway structure supporting data demonstrating the
impracticability of alternate routing. Approval or disapproval of an application for
facility attachment to a bridge or roadway structure will be based upon the
following considerations:
i) 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;
ii) The type, length, value, and relative importance of the highway
structure in the transportation system;
iii) The alternative routings available to the utility and their
comparative practicability; -
iv) The proposed method of attachment;
v) The ability of the structure to bear the increased load of the
proposed facility;
vi) The degree of interference with bridge maintenance and painting;
vii) The effect on the visual quality of the structure; and
viii) The public benefit expected from the utility service as compared to
the risk involved.
12.30.160 Construction Methods and Materials.
A. Standards and Requirements for Particular Types of Construction Methods.
1) Boring or Jacking.
i) 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 48 hours in advance of boring or jacking
operations and backfilled within 48 hours after boring or jacking
operations are completed. While pits are open, they shall be clearly
marked and protected by 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.
ii) Wet Boring or Jetting. Wet boring or jetting shall not be
permitted under the roadway.
iii) Borings with Diameters Greater Than 6 Inches. Borings over
six inches (0.15 m) 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 (25 mm).
iv) Borings with Diameters 6 Inches or Less. Borings of six inches
or less in diameter may be accomplished by either jacking, guided with
auger, or auger and following pipe method.
v) Tree Preservation. Any facility located within the drip line of
any tree designated by the Village to be preserved shall be bored under or
around the root system.
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."
i) Length. The length of open trench shall be kept to the practicable
minimum consistent with requirements for pipe -line testing. Only one half
of any intersection may have an open trench at any time unless special
permission is obtained from the Village Director of Public Works.
ii) Open Trench and Excavated Material. Open trench and
windrowed excavated material shall be protected as required by Chapter 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. 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.
iii) The utility shall not trench within the drip line of any tree
designated by the Village to be preserved.
3) Backfilling.
i) 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.
ii) For a period of three 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. If so
ordered by the Director of Public Works, the utility, at its expense, shall
remove any pavement 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 to the proper grades, as
determined by the Engineer.
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 a
variance to the limitation set forth in this paragraph 4) is permitted under Section
.210, the following requirements shall apply:
i) Any excavation under pavements shall be backfilled as soon as
practicable with granular material of CA -6 or CA -10 gradation, as
designated by the Engineer.
ii) 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.
iii) All saw cuts shall be full depth.
iv) For all rights -of -way which have been reconstructed with a
concrete 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 J.U.L.I.E. locate.
5) Encasement.
i) 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.
ii) The venting, if any, of any encasement shall extend within one
foot (0.3m) of the right -of -way line. No above - ground vent pipes shall be
located in the area established as clear zone for that particular section of
the highway.
iii) 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.
iv) In the case of gas pipelines of 60 psig or less, encasement may
be eliminated.
v) In the case of gas pipelines or petroleum products pipelines with
installations of more than 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;
vi) 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) Minimum 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)
Communication Line Installed by the Plowed Method
30 Inches (0.8 m)
24 Inches (0.6 m)
Gas et- Petroleum Products
30 Inches (0.8 m)
Water Line
Sufficient Cover to Provide Freeze Protection
Sanitary Sewer. Storm Sewer, or Drainage Line
Sufficient Cover to Provide Freeze Protection
B. Standards and Requirements for Particular Types of Facilities.
1) Electric Power or Communication Lines.
i) 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 Ill. Adm. Code 305
(formerly General Order 160 of the Illinois Commerce Commission)
entitled "Rules for Construction of Electric Power and Communications
Lines," and the National Electrical Safety Code.
ii) 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 guy wires are
equipped with guy guards for maximum visibility.
iii) Underground Facilities. (1) 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. (2)
If a crossing is installed by boring or jacking, encasement shall be
provided between jacking or bore pits. Encasement may be eliminated
only if: (a) the crossing is installed by the use of "moles," "whip augers,"
or other approved method which compress the earth to make the opening
for cable installation or (b) the installation is by the open trench method
which is only permitted prior to roadway construction. (3) Cable shall be
grounded in accordance with the National Electrical Safety Code.
2) Underground Facilities Other than Electric Power or Communication
Lines. Underground facilities other than electric power or communication lines
may be installed by:
i) the use of "moles," "whip augers," or other approved methods
which compress the earth to move the opening for the pipe;
ii) jacking or boring with vented encasement provided between the
ditch lines or toes of slopes of the highway;
iii) open trench with vented encasement between ultimate ditch
lines or toes of slopes, but only if prior to roadway construction; or
iv) tunneling with vented encasement, but only if installation is not
possible by other means.
3) 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 Federal Code of the Office of
Pipeline Safety Operations, Department of Transportation, Part 192 —
Transportation of Natural and Other Gas by Pipeline: Minimum Federal Safety
Standards (49 CFR 192), IDOT's "Standard Specifications for Road and Bridge
Construction," and all other applicable laws, rules, and regulations.
4) 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).
5) Waterlines, Sanitary Sewer Lines, Storm Water 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."
6) 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 (305 mm) 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 Director of Public Works. With the approval of the
Director of Public Works, 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. 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 "Standards Specifications for Road
and Bridge Construction," the requirements of the Illinois Commerce
Commission, or the standards established by other official regulatory agencies for
the appropriate industry.
2) Material Storage on Right -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 right -of -way, prior approval must be obtained from the
Village.
3) Hazardous Materials. The plans submitted by the utility to the Village
shall identify any hazardous materials that may be involved in the construction of
the new facilities or removal of any existing facilities.
D. Operational Restrictions.
1) 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. 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.
2) These restrictions may be waived by the Director of Public Works when
emergency work is required to restore vital utility services.
3) Unless otherwise permitted by the Village, the hours of construction are
those set forth in Chapter 15.00.150 of this Code..
E. Location of Existing Facilities. Any utility proposing to construct facilities in
the Village shall contact J.U.L.I.E. and 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 utility for the
purpose of identifying possible facilities. When notified of an excavation or when
requested by the Village or by J.U.L.I.E., a utility shall locate and physically mark its
underground facilities within 48 hours, excluding weekends and holidays, in accordance
with the Illinois Underground Facilities Damage Prevention Act (220 ILCS 50 /1 et seq.)
12.30.170 Vegetation Control.
A. Tree Trimming Permit Required. Tree trimming shall not be considered a
normal maintenance operation, but shall require the application for, and the issuance of, a
permit, in addition to any other permit required under this Article Chapter.
1) Application for Tree Trimming Permit. Applications for tree trimming
permits shall include assurance that the work will be accomplished by competent
workers with supervision who are experienced in accepted tree pruning practices.
Tree trimming permits shall designate an expiration date in the interest of assuring
that the work will be expeditiously accomplished.
2) Damage to Trees. Poor pruning practices resulting in damaged or
misshapen trees will not be tolerated and shall be grounds for cancellation of the
tree trimming permit and for assessment of damages. The Village will require
compensation for trees damaged and for trees removed without authorization. The
formula developed by the International Society of Arboriculture will be used as a
basis for determining the compensation for damaged trees or unauthorized
removal of trees. The Village may require the removal and replacement of trees if
trimming or radical pruning would leave them in an unacceptable condition.
B. Specimen Trees or Trees of Special Significance. The Village may require that
special measures be taken to preserve specimen trees or trees of special significance. The
required measures may consist of higher poles, side arm extensions, covered wire or
other means.
C. Chemical Use. Spraying of any type of brush- killing chemicals will not be
permitted on rights -of -way unless the utility demonstrates to the satisfaction of the
Director of Public Works that such spraying is the only practicable method of vegetation
control.
12.30.180 Removal, Relocation, or Modifications of Utility Facilities.
A. Notice. Within ninety (90) days following written notice from the Village, a
utility shall, at its own expense, temporarily or permanently remove, relocate, change or
alter the position of any utility 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 utility 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.
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 Chapter; or
4) If the facility was constructed or installed at a location not permitted by
the permittee's license or franchise.
C. Emergency Removal or Relocation of Facilities. The Village retains the right
and privilege to cut or move any facilities 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 municipality shall attempt
to notify the utility, if known, prior to cutting or removing a facility and shall notify the
utility, if known, after cutting or removing a facility.
D. Abandonment of Facilities. Upon abandonment of a facility within the public
rights -of -way of the Village, the utility shall notify the Village within ninety (90) days.
Following receipt of such notice the Village may direct the utility to remove all or any
portion of the facility if the Village Director of Public Works determines that such
removal will be in the best interest of the public health, safety and welfare. In the event
that the Village does not direct the utility that abandoned the facility to remove it, by
giving notice of abandonment to the Village, the abandoning utility shall be deemed to
consent to the alteration or removal of all or any portion of the facility by another utility
or person.
12.30.190 Cleanup and Restoration.
Upon completion of all construction or maintenance of facilities, the utility shall remove
all excess material and restore all turf and terrain in a timely manner and 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.
12.30.200 Maintenance and Emergency Maintenance.
A. General. Facilities on, over, above, along, upon, under, across, or within rights -
of -way are to be maintained by or for the utility in a manner satisfactory to the Village
and at the utility's expense.
B. Emergency Maintenance Procedures. Emergencies may justify non - compliance
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
Director of Public Works 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.
3) In an emergency, the utility 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 utility must file in writing with the Village of a
description of the repairs undertaken in the right -of -way within 48 hours after an
emergency repair.
12.30.210 Variances.
A. Request for Variance. A utility requesting a variance from one or more of the
provisions of this Chapter must do so in writing to the Village Director of Public Works
as a part of the permit application. The request shall identify each provision of this
Chapter from which a variance is requested and the reasons why a variance should be
granted.
B. Authority to Grant Variances. The Village Director of Public Works shall
decide whether a variance is authorized for each provision of this Chapter identified in
the variance request on an individual basis.
C. Conditions for Granting of Variance. The Village Director of Public Works
may authorize a variance only if the utility requesting the variance has demonstrated that:
1) One or more conditions not under the control of the utility (such as
terrain features or an irregular right -of -way line) create a special hardship that
would make enforcement of the provision unreasonable, given the public
purposes to be achieved by the provision; and
2) All other designs, methods, materials, locations or facilities that would
conform with the provision from which a variance is requested are impracticable
in relation to the requested approach.
D. Additional Conditions for Granting of a Variance. As a condition for
authorizing a variance, the Village Director of Public Works may require the utility
requesting the variance to meet reasonable standards and conditions that may or may not
be expressly contained within this Chapter but which carry out the purposes of this
Chapter.
12.30.220 Penalties.
Any person who violates, disobeys, omits, neglects or refuses to comply with any of the
provisions of this Chapter shall be subject to fine in accordance with the penalty
provisions of this Code. There may be times when the Village will incur delay or other
costs, including third party claims, because the utility will not or cannot perform its duties
under its permit and this Chapter. Unless the utility shows that another allocation of the
cost of undertaking the requested action is appropriate, the utility shall bear the Village's
costs of damages and its costs of installing, maintaining, modifying, relocating, or
removing the facility that is the subject of the permit. No other administrative agency or
commission may review or overrule a permit related cost apportionment of the Village.
Sanctions may be imposed upon a utility who does not pay the costs apportioned to it.
12.30.230 Enforcement.
Nothing in this Chapter shall be construed as limiting any additional or further remedies
that the Village may have for enforcement of this Chapter.
Section 3. Severability.
If any section, subsection, sentence, clause, phrase or portion of this Chapter is for any
reason held invalid or unconstitutional by any court of competent jurisdiction, such
portion shall be deemed a separate, distinct, and independent provision and such holding
shall not affect the validity of the remaining portions hereof.
Section 4. Effective Date.
This Ordinance shall take effect ten (10) days after its passage, approval and publication
in pamphlet form.
PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF LEMONT, COOK, WILL AND DU PAGE
COUNTIES ILLINOIS on this g.-P" Day of ..4 , 2007.
ABSENT
Debby Blatzer t�
Peter Coules
Clifford Miklos
Brian Reaves
Ronald Stapleton
Jeanette Virgilio
Attest:
AYES NAY PASSED
CHARLENE SMO LEN, Village Clerk
e President