HomeMy WebLinkAboutG32-07 I.
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CITY OF ELGIN
ORDINANCE NO. G32-07
AN ORDINANCE
AMENDING TITLE 13 OF THE ELGIN MUNICIPAL CODE,
1976, AS AMENDED, ENTITLED "STREETS AND SIDEWALKS,"
ESTABLISHING STANDARDS FOR
THE CONSTRUCTION OF UTILITY FACILITIES IN THE
PUBLIC RIGHTS-OF-WAY
PASSED BY THE
CITY COUNCIL OF THE
CITY OF ELGIN
ON THIS 13th DAY OF JUNE 2007
Published in pamphlet form by authority of the City
Council of the City of Elgin, Kane and Cook
Counties, Illinois, on this
14th day of June 2007.
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STATE OF ILLINOIS )
) ss.
COUNTY OF KANE )
CERTIFICATE
I, Jennifer Quinton, certify that I am the duly appointed and acting municipal clerk
of the City of Elgin, Cook and Kane Counties, Illinois.
I further certify that on June 13, 2007, the Corporate Authorities of such
municipality passed and approved Ordinance No. G32-07, which provided by its terms that it
should be published in pamphlet form.
The pamphlet form of Ordinance No. G32-07, including the Ordinance and a
cover sheet thereof, was prepared, and a copy of such Ordinance was posted in the municipal
building commencing on June 14, 2007, and continuing for at least ten days thereafter. Copies of
such Ordinance were also available for public inspection upon request in the office of the
municipal clerk.
DATED at Elgin, Illinois, on June 14, 2007.
unicipal Clerk
(SEAL)
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Ordinance No. G32-07
F AN ORDINANCE
AMENDING TITLE 13 OF THE ELGIN MUNICIPAL CODE,
1976, AS AMENDED, ENTITLED "STREETS AND SIDEWALKS,"
ESTABLISHING STANDARDS FOR
THE CONSTRUCTION OF UTILITY FACILITIES IN THE
PUBLIC RIGHTS-OF-WAY
WHEREAS, the City of Elgin is a home rule municipality in accordance with the
Constitution of the State of Illinois of 1970; and
WHEREAS, the City 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 to the City's power as a home rule municipality, this Ordinance is
adopted pursuant to the provisions of the Illinois Municipal Code, including, without limitation,
Sections 11-20-5, 11-20-10, 11-80-1, 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 City 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.;
WHEREAS,the City hereby finds that it is in the best interest of the City,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 Mayor and City Council of the City of
Elgin as follows:
Section 1. That Title 13 of the Elgin Municipal Code, 1976, as amended, entitled "Streets
and Sidewalks,"be and is hereby amended to create Chapter 13.15 to read as follows:
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"CHAPTER 13.15
CONSTRUCTION OF UTILITY FACILITIES IN THE PUBLIC RIGHTS-OF-WAY
SECTION:
I: PURPOSES; DEFINITIONS
13.15.010: Purpose and Scope
13.15.020: Definitions
II: REGISTRATION; PERMITS
13.15.030: Annual Registration Required
13.15.040: Permit Requires; Application and Fees
13.15.050: Action on Permit Applications
13.15.060: Effect of Permit
13.15.070: Revised Permit Drawings
13.15.080: Insurance
13.15.090: Indemnification
13.15.100: Security
13.15.110: Permit Suspension and Revocation
13.15.120: Change of Ownership or Owner's Identity or Legal Status
III: CONSTRUCTION REQUIREMENTS
13.15.130: General Construction Standards
13.15.140: Traffic Control
13.15.150: Location of Facilities
13.15.160: Construction Methods and Materials
13.15.170: Vegetation Control
13.15.180: Removal, Relocation, or Modifications of Utility Facilities
13.15.190: Cleanup and Restoration
13.15.200: Maintenance and Emergency Maintenance
IV: VARIANCES
13.15.210: Variances
13.15.220: Penalties
13.15.230: Enforcement
13.15.240: Severability
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I: PURPOSES; DEFINITIONS
13.15.010: 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 City's jurisdiction, which will provide public benefit
consistent with the preservation of the integrity, safe usage, and visual qualities of the City
rights-or-way and the City 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
City.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 City, 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
City rights-of-way.Utilities that are not required by law to enter into such an agreement may
request that the City enter into such an agreement. In such an agreement, the City 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 City,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 City and any telecommunications provider, the provisions of such
franchise, license or similar agreement shall govern and control 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.
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G. Sound Engineering Judgment. The City shall use sound engineering judgment when
administering this Chapter and may vary the standards, conditions, and requirements
expressed in this Chapter when the City so determines.Nothing herein shall be construed to
limit the ability of the City to regulate its rights-of-way for the protection of the public health,
safety and welfare.
13.15.020: 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.
AASHTO: American Association of State Highway and Transportation Officials.
ANSI: American National Standards Institute.
APPLICANT: A person applying for a permit under this Chapter.
ASTM: American Society for Testing and Materials.
BACKFILL: The methods or materials for replacing excavated material in a trench or pit.
BORE OR BORING: To excavate an underground cylindrical cavity for the insertion of a pipe or
electrical conductor.
CARRIER PIPE: The pipe enclosing the liquid, gas or slurry to be transported.
CASING: A structural protective enclosure for transmittal devices such as: carrier pipes, electrical
conductors, and fiber optic devices.
CITY: The City of Elgin.
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.
COATING: Protective wrapping or mastic cover applied to buried pipe for protection against
external corrosion.
CODE: The Elgin Municipal Code, 1976, as amended.
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CONDUCTOR: Wire carrying electrical current.
CONDUIT: A casing or encasement for wires or cables.
CONSTRUCTION or CONSTRUCT: The installation,repair,maintenance,placement, alteration,
enlargement, demolition, modification or abandonment in place of facilities.
COVER: The depth of earth or backfill over buried utility pipe or conductor. Crossing Facility: A
facility that crosses one or more right-of-way lines of a right-of-way.
CITY ENGINEER: The City of Elgin Engineer or his or her designee.
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.
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.
ENCASEMENT: Provision of a protective casing.
EQUIPMENT: 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.
EXTRA HEAVY PIPE: Pipe meeting ASTM standards for this pipe designation.
FACILITY: All structures, devices, objects, and materials (including,but not limited to, track and
rails, wires, ducts, fiber optic cable, communications and video cables and wires, poles, conduits,
grates,covers,pipes,cables, fixtures,cabinets,boxes, structures,devices and appurtenances thereto)
located on, over, above, along, upon, under, across, or within rights-of-way under this Chapter,
except those owned by the City.
FREESTANDING FACILITY: A facility that is not a crossing facility or a parallel facility, such as
an antenna, transformer, pump, or meter station.
FRONTAGE ROAD: Roadway, usually parallel,providing access to land adjacent to the highway
where it is precluded by control of access on highway.
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HAZARDOUS MATERIALS: Any substance or material which, due to its quantity, form,
concentration, location, or other characteristics, is determined by the City 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 CODE: The Illinois Highway Code,605 ILCS 5/1-101 et seq., as amended from time to
time.
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.
DOT: Illinois Department of Transportation.
ILCC: Illinois Commerce Commission.
JACKING: Pushing a pipe horizontally under a roadway by mechanical means with or without
boring.
JETTING: Pushing a pipe through the earth using water under pressure to create a cavity ahead of
the pipe.
JOINT USE: The use of pole lines, trenches or other facilities by two or more utilities.
Major Intersection: The intersection of two or more major arterial highways.
J.U.L.I.E.: Joint Utility Locating Information for Excavators, a not-for-profit corporation that
provides contractors, excavators, homeowners, and others who may be disturbing the earth,with a
free service through a single toll-free phone number to call for the locating and marking of
underground utility facilities pursuant to the Illinois Underground Utility Facility Damage Prevention
Act, 220 ILCS 50/1 et seq., as amended.
OCCUPANCY: The presence of facilities on, over or under right-of-way.
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 facility or for the construction
of a facility.
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PERMITTEE: That entity to which a permit has been issued pursuant to Sections 13.15.040 and
13.15.050 of this Chapter.
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).
PETROLEUM PRODUCTS PIPELINES: Pipelines carrying crude or refined liquid petroleum
products including, but not limited to, gasoline, distillates, propane, butane, or coal-slurry.
PROMPT: That which is done within a period of time specified by the City. If no time period is
specified, the period shall be 30 days.
PUBLIC ENTITY:A legal entity that constitutes or is part of the government,whether at local,state
or federal level.
RESIDENCE CONSERVATION DISTRICT or RESIDENCE DISTRICT: A zoning district
classified under Section 19.07.300B or Section 19.07.300C, respectively, of the Elgin Municipal
Code, 1976, as amended.
RESTORATION: The repair of a right-of-way, highway, roadway, or other area disrupted by the
construction of a facility.
RIGHT-OF-WAY: Any street,alley,other land or waterway,dedicated or commonly used for utility
purposes, including utility easements in which the City has the right and authority to authorize,
regulate or permit the location of facilities other than those of the City. "Right-of-way" shall not
include any real or personal City property that is not specifically described in the previous two
sentences and shall not include City buildings, fixtures, and other structures or improvements,
regardless of whether they are situated in the right-of-way.
ROADWAY: That part of the highway that includes the pavement and shoulders.
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.
SECURITY FUND: That amount of security required pursuant to Section 13.15.100.
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
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from the pavement.
SOUND ENGINEERING JUDGMENT: A decision(s) consistent with generally accepted
engineering principles, practices and experience.
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. "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 City 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.
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.
TELECOMMUNICATIONS RETAILER:Means and includes every person engaged in making sales
of telecommunications at retail as defined herein.
TRENCH: A relatively narrow open excavation for the installation of an underground facility.
UTILITY: The individual or entity owning or operating any facility as defined in this Chapter.
VENT: A pipe to allow the dissipation into the atmosphere of gases or vapors from an underground
casing.
WATER LINES: Pipelines carrying raw or potable water.
WET BORING: Boring using water under pressure at the cutting auger to soften the earth and to
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provide a sluice for the excavated material.
II. REGISTRATION; PERMITS
13.15.030: ANNUAL REGISTRATION REQUIRED:
Every utility that occupies right-of-way within the City shall register on January 1 of each year with
the City Engineer,providing the utility's name,address and regular business telephone and telecopy
numbers, e-mail address, 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 13.15.080 of this Chapter, in the form of a certificate of insurance.
13.15.040: 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 City 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 City Engineer and obtaining a permit from the City therefor, except as otherwise
provided in this Chapter. No permit shall be required for installation and maintenance of
service connections to customers'premises where there will be no disruption of the right-of-
way.
B. Permit Application. All applications for permits pursuant to this Chapter shall be filed on a
form provided by the City and shall be filed in such number of duplicate copies as the City
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.The names,addresses and telephone and telecopy numbers and email addresses of general
contractors and subcontractors performing any work under permit for which application is
€ made;
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5. The name of, and a 24-hour emergency contact telephone number for, at least one person
with primary responsibility for the work under the permit for which application is made;
6. 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;
7. Evidence that the utility has placed on file with the City:
a. A written traffic control plan demonstrating the protective measures and devices
that will be employed consistent with the Illinois Manual on Uniform Traffic Control
Devices, to prevent injury or damage to persons or property and to minimize disruptions to
efficient pedestrian and vehicular traffic; and
b. An emergency contingency plan which shall specify the nature of potential
emergencies, including, without limitation, construction and hazardous materials
emergencies,and the intended response by the applicant.The intended response shall include
notification to the City 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 City finds that additional information or assurances
are needed;
8.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;
9. Evidence of insurance as required in Section 13.15.080 of this Chapter;
10.Evidence of posting of the security fund as required in Section 13.15.100 of this Chapter;
11. Any request for a variance from one or more provisions of this Chapter (See Section
13.15.210); and
12. Such additional information as may be reasonably required by the City.
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 electric power, communications or natural gas distribution system
installation, evidence that any"Certificate of Public Convenience and Necessity"has been
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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,the Fox River Water Reclamation District or the Metropolitan Water Reclamation
District of Greater Chicago 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 City
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
set forth in the Annual Fee Resolution. No application fee is required to be paid by any
telecommunications retailer that is paying the municipal telecommunications tax imposed
under the Simplified Municipal Telecommunications Tax Act(35 ILCS 636/5-1 et seq.),or
by any electricity utility that is paying the municipal electricity infrastructure maintenance fee
pursuant to the Electricity Infrastructure Maintenance Fee Law (35 ILCS 635/15 et seq.).
13.15.050: ACTION ON PERMIT APPLICATIONS:
A. City Review of Permit Applications. Completed permit applications,containing all required
documentation,shall be examined by the City 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 City Engineer shall reject such application in writing,stating
the reasons therefor. If the City Engineer is satisfied that the proposed work conforms to the
requirements of this Chapter and all applicable ordinances, codes, laws, rules, and
regulations, the City Engineer shall issue a permit therefor as soon as practicable.
B. Additional City 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 City that it intends to commence work governed
by this Chapter for facilities for the provision of telecommunications services. Such notice
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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 City 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 City 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 City Engineer fails to provide such specification of location to the
telecommunications retailer within either(i)ten(10)days after service of notice to the City
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 not commence work without obtaining a permit under this
Chapter.
3. Upon the provision of such specification by the City,where a permit is required for work
pursuant to Section 13.15.040 of this Chapter the telecommunications retailer shall submit to
the City 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.
13.15.060: EFFECT OF PERMIT:
A. Authority Granted; No Property Right or Other Interest Created. A permit from the City
authorizes a permittee to undertake only certain activities in accordance with this Chapter on
City 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. Duration. No permit issued under this Chapter shall be valid for a period longer than six(6)
months unless construction is actually begun within that period and is thereafter diligently
pursued to completion.
C. Pre-Construction Meeting Required.No construction shall begin pursuant to a permit issued
under this Chapter prior to attendance by the permittee and all major contractors and
subcontractors who will perform any work under the permit at a pre-construction meeting.
The pre-construction meeting shall be held at a date, time and place designated by the City
with such City representatives in attendance as the City deems necessary. The meeting shall
be for the purpose of reviewing the work under the permit and special considerations
necessary in the areas where work will occur, including, without limitation, presence or
absence of other utility facilities in the area and their locations, procedures to avoid
disruption of other utilities, use of rights-of-way by the public during construction, and
access and egress by adjacent property owners.
D. Compliance with All Laws Required. The issuance of a permit by the City does not excuse
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the permittee from complying with other requirements of the City and all applicable statutes,
laws, ordinances, rules, and regulations.
13.15.070: 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 City 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 13.15.210 of this Chapter. If the City 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 therefor.
13.15.080: 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 City,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:
a. Five million dollars ($5,000,000) for bodily injury or death to each person;
b. Five million dollars ($5,000,000) for property damage resulting from any one
accident; and
c. 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 three million dollars($3,000,000)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.
If the utility is not providing such insurance to protect the contractors and subcontractors
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performing the work, then such contractors and subcontractors shall comply with this
Section.
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 City within ten(10) days following receipt of a written request therefor from
the City.
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 City, by
registered mail or certified mail, return receipt requested, of a written notice
addressed to the City Manager of such intent to cancel or not to renew."
Within ten (10) days after receipt by the City of said notice, and in no event later than ten
(10)days prior to said cancellation,the utility shall obtain and furnish to the City 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 City 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 City 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.
13.15.090: INDEMNIFICATION:
By occupying or constructing facilities in the right-of-way, a utility shall be deemed to agree to
defend,indemnify and hold the City 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
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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 City,its officials,officers,employees,agents
or representatives.
13.15.100: 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 City occasioned by the permittee's
failure to comply with any codes, rules, regulations, orders,permits and other directives of
the City issued pursuant to this Chapter; and
3. The payment by permittee of all liens and all damages, claims,costs, or expenses that the
City 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 City 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 City from the permittee pursuant to this Chapter or any other
applicable law.
B. Form. The permittee shall provide the Security Fund to the City in the form, at the
permittee's election, of cash, a surety bond in a form acceptable to the City, or an
unconditional letter of credit in a form acceptable to the City. 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 City and the permittee;
2.Not require the consent of the permittee prior to the collection by the City of any amounts
covered by it; and
3. Shall provide a location convenient to the City and within the State of Illinois at which it
can be drawn.
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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 City Engineer, and
may also include reasonable, directly related costs that the City 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 City,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 City Engineer 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 City, 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 City 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 City for any damages,claims, costs or expenses which the City 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 City 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 City 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 City, upon written request for said
withdrawal to the City,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
rob. thereof as remains on deposit,within a reasonable time after account is taken for all offsets
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necessary to compensate the City 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 City
to the extent necessary to cover any reasonable costs,loss or damage incurred by the City 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 City with respect to the Security Fund are in
addition to all other rights of the City, 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 City may have.Notwithstanding the foregoing,the City
shall not be entitled to a double monetary recovery with respect to any of its rights that may
be infringed or otherwise violated.
13.15.110: PERMIT SUSPENSION AND REVOCATION:
A. City Right to Revoke Permit. The City 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 City 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
13.15.110.
C. Permittee Alternatives Upon Receipt of Notice of Revocation or Suspension.Upon receipt of
a written notice of revocation or suspension from the City, the permittee shall have the
following options:
1. Immediately provide the City with proof that no cause exists for the revocation or
suspension;
2. Immediately correct, to the satisfaction of the City, the deficiencies stated in the written
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notice, providing written proof of such correction to the City 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 City
providing written proof of such removal to the City within ten(10) days after receipt of the
written notice of revocation.
The City 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 City
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 City or its designee may,at the option of the
City: (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 City. The permittee shall be liable in all events to the City for all costs of
removal.
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13.15.120: CHANGE OF OWNERSHIP OR OWNER'S IDENTITY OR LEGAL
STATUS:
A. Notification of Change.A utility shall notify the Engineer and the City Manager 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 City'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.
III. CONSTRUCTION REQUIREMENTS
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ribs 13.15.130: 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 City Engineer shall
determine, in the exercise of sound engineering judgment,which principles apply and such
decision shall be final.If requested,the City Engineer shall state which standard or principle
will apply to the construction, maintenance, or operation of a facility in the future.
13.15.140: TRAFFIC CONTROL:
A. Minimum Requirements. The City'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
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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 13.15.200 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 City.
13.15.150: 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:
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 (0.6 m)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(1.2 m)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(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:
a.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;
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 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.
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B. Facilities Crossing Highways.
1.No Future Disruption.The construction and design of crossing facilities installed between
the ditch lines or curb lines of City 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
(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:
a. 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);
b. 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
c. 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:
a. The design materials and construction methods will provide maximum
maintenance-free service life; and
b. Capacity for the utility's foreseeable future expansion needs is provided in the
initial installation.
6. Markers. The City 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 City may require that facilities
be located within particular rights-of-way that are not highways, such as easements,rather
than within particular highways.
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D. Freestanding Facilities.
1. The City may restrict the location and size of any freestanding facility located within a
right-of-way.
2. The exterior dimensions of any freestanding facility being installed within a right-of-way
in or adjacent to a residence conservation district or residence district shall not greater than
fifty inches (50") in height, by thirty-six and one-half(36 %2") in length, by seventeen and
one-half(17 %2") in width.
3.The City may require any freestanding facility located within a right-of-way to be screened
from view.
E. Appearance Standards.
1. The City 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;
3.The exterior dimensions of the facility are not greater than fifty inches(50")high by thirty-
six and one-half(36 %2") long, by seventeen and one-half(17 %2") wide and are not being
installed within a right-of-way in or adjacent to a residence conservation district or residence
district; and
4. 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,
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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:
a. The type, volume,pressure or voltage of the commodity to be transmitted and an
evaluation of the resulting risk to persons and property in the event of damage to or failure of
the facility;
b. The type, length, value, and relative importance of the highway structure in the
transportation system;
c.The alternative routings available to the utility and their comparative practicability;
d. The proposed method of attachment;
e. The ability of the structure to bear the increased load of the proposed facility;
f. The degree of interference with bridge maintenance and painting;
g. The effect on the visual quality of the structure; and
h. The public benefit expected from the utility service as compared to the risk
involved.
13.15.160: 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 City 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.
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b. Wet Boring or Jetting. Wet boring or jetting shall not be permitted under the
roadway.
c.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).
d.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.
e. Tree Preservation. Any facility located within the drip line of any tree designated
by the City 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."
a. Length. The length of open trench shall be kept to the practicable minimum
consistent with requirements for pipeline testing. Only one-half of any intersection may have
an open trench at any time unless special permission is obtained from the City Engineer.
b. 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.
c.The utility shall not trench within the drip line of any tree designated by the City 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 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
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construction of the facility. If so ordered by the City Engineer,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 City 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 Subsection (A)(4) is permitted under Section 13.15.210, the following
requirements shall apply:
a. 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 City Engineer.
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 City.
c. All saw cuts shall be full depth.
d.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.
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 City.
b. The venting, if any, of any encasement shall extend within one foot(0.3 m)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 City 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 City. Bell and
spigot type pipe shall be encased regardless of installation method.
d. In the case of gas pipelines of 60 psig or less, encasement may be eliminated.
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e. 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;
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. 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) 30 Inches (0.8 m)
Communication Line Installed by the Plowed 24 Inches (0.6 m)
Method
Gas or Petroleum Products 30 Inches (0.8 m)
Water Line Sufficient Cover to Provide Freeze Protection
Sanitary Sewer, Storm Sewer, or Drainage Sufficient Cover to Provide Freeze Protection
Line
B. Standard and Requirements for Particular Types of Facilities.
1. Electric Power or Communication Lines.
a. Code Compliance. Electric power or communications facilities within City 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.
b. 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.
c. 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
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•
"'' Code.
2.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 that 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.
3. Gas Transmission, Distribution and Service. Gas pipelines within rights-of-way shall be
constructed, maintained, and operated in a City 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 City Engineer. With the approval of
the City 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. Materials.
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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 City.
3. Hazardous Materials. The plans submitted by the utility to the City 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 City,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 City Engineer when emergency work is required
to restore vital utility services.
3. Unless otherwise permitted by the City, the hours of construction are those set forth in
Title 16 of this Code.
E. Location of Existing Facilities. Any utility proposing to construct facilities in the City shall
contact J.U.L.I.E. and the City's Department of Public Works and ascertain the presence and
location of existing above-ground and underground facilities within the rights-of-way to be
occupied by its proposed facilities. The City 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 City 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.)
13.15.170: VEGETATION CONTROL:
A. Tree Trimming Permit Required. Tree trimming shall not be considered a normal
rik maintenance operation,but shall require the application for,and the issuance of,such permits
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as may be required pursuant to Chapter 13.20 of this Code, in addition to any other permit
required under this Chapter. The Engineer shall review all tree trimming requests.
B. 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 City Engineer that such
spraying is the only practicable method of vegetation control.
Section 13.15.180: REMOVAL, RELOCATION, OR MODIFICATIONS OF UTILITY
FACILITIES:
A. Notice. Within ninety(90) days following written notice from the City, 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 City improvement in or upon,or
the operations of the City in or upon, the rights-of-way.
B. Removal of Unauthorized Facilities. Within thirty(30) days following written notice from
the City, 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 City retains the right and privilege to
cut or move any facilities located within the rights-of-way of the City, as the City 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 City,the utility shall notify the City within ninety(90)days.Following receipt of such
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notice the City may direct the utility to remove all or any portion of the facility if the City
Engineer determines that such removal will be in the best interest of the public health,safety
and welfare.In the event that the City does not direct the utility that abandoned the facility to
remove it, by giving notice of abandonment to the City, 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.
13.15.190: 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 City. This
includes restoration of entrances and side roads.Restoration of roadway surfaces shall be made using
materials and methods approved by the City 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.
13.15.200: 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 City 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 City 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 City 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 City of a description of the
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repairs undertaken in the right-of-way within 48 hours after an emergency repair.
IV. VARIANCES
13.15.210: 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 City Engineer 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 City Engineer 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 City Engineer 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 City Engineer 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.
13.15.220: 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 City 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 City'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 City. Sanctions may be imposed
upon a utility that does not pay the costs apportioned to it.
13.15.230: ENFORCEMENT:
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Nothing in this Chapter shall be construed as limiting any additional or further remedies that the City
may have for enforcement of this Chapter.
13.15.240: 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 2. That all ordinances or parts of ordinances in conflict with the provisions of this
ordinance be and are hereby repealed.
Section 3. 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. That this ordinance shall be in full force and effect upon its passage and
publication in the manner provided by law.
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Ed Schock, Mayor
Presented: June 13, 2007
Passed: June 13, 2007
Vote: Yeas: 7 Nays: 0
Recorded: June 14, 2007
Published:
Attest:
It/
Je • fer Qui •n, Acting City Clerk
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E !$°
L 44 1101
June 8, 2007 Gi • 10
I BOO jai all
N «I
TO: Mayor and Members of the City Council FINANCIALLY STABLE CITY GOVERNMENT
EF FK TENT SERVICES.
AND QUALITY INFRASTRUCTURE
FROM: Olufemi Folarin, City Manager
Richard G. Kozal, Assistant Corporation Counsel
SUBJECT: Proposed Ordinance Establishing Standards for the Construction of Utility
Facilities in the Right-of-Way
PURPOSE
The purpose of this memorandum is to provide the Mayor and members of the City Council with
information for considering an ordinance establishing standards for the construction of utility
facilities in the right-of-way.
RECOMMENDATION
It is recommended that the City Council approve the proposed ordinance establishing standards
for the construction of utility facilities in the right-of-way.
BACKGROUND
The proposed ordinance (attached for review) establishing standards for the construction of
utility facilities in the right-of-way is derived from the model ordinance drafted by the Illinois
Municipal League with input from the Northwest Municipal Conference, the DuPage Mayors
and Managers Conference and the West Central Municipal Conference. The Illinois Municipal
League's Telecommunications Subcommittee provided representatives from various utilities
with several drafts of the model right-of-way regulation ordinance; requested their comments and
met with the utilities to discuss those comments; and instituted over 150 changes to the model
right-of-way regulation ordinance on the basis of those comments.
The model standards set forth in the right-of-way regulation ordinance contain provisions
governing construction in the right-of-way by all utilities, including telecommunications
companies, cable television, electric, gas, petroleum, water, sewer and others, such as private
contractors performing work in the right-of-way for residents or business owners. The proposed
ordinance establishes generally applicable standards for construction on, over, above, along,
upon, under, across or within, use of and repair of, the city's rights-of way.
4
y • Ordinance Establishing Right-of-Way Utility Construction Standards
June 8, 2007
Page 2
Section 13.15.150 of the proposed ordinance governs the location of freestanding utility facilities
in the right-of-way. That section expressly states that the city may restrict the location and size of
any freestanding facility and may require such facilities to be screened. By example, the section
establishes a maximum size for freestanding utility facilities that can be established in a right-of-
way located in or adjacent to a residential zoning district. Section 13.15.150 also empowers the
city to prohibit facility installations in order to preserve visual quality and the aesthetic features
of the lands being traversed
The proposed ordinance recognizes the city's existing franchise relationships with those utilities
that are generally the sole provider of their particular service (such as electric and gas) and
allows these franchise relationships to continue without imposing an additional layer of
ordinance regulation on them. For these reasons, the proposed ordinance provides that utilities
other than telecommunications providers are exempt from the ordinance if the utility and the
municipality have a franchise, license or similar agreement in place.
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
None.
FINANCIAL IMPACT
None.
LEGAL IMPACT
None.
ALTERNATIVES
1. Adopt the proposed ordinance as drafted.
2. Adopt the proposed ordinance with suitable modifications.
3. Reject the proposed ordinance.
Respectfully submitted for Council consideration.
Attachment
RGK/rk
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