Ordinance 2007-097 ORDINANCE NO.
AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE
UNITED CITY OF YORKVILLE BY ESTABLISHING STANDARDS FOR THE
CONSTRUCTION OF FACILITIES ON THE RIGHTS -OF -WAY
WHEREAS, the United City of Yorkville (the "City ") is an Illinois municipal
corporation and 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, which pertain to its government and affairs, that govern the use of public rights -of-
way and that protect the public health, safety, and welfare of its citizens; and
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WHEREAS, the City uses the public rights -of -way within its corporate limits to provide
essential public services to its residents and businesses, including, but not limited to, traffic
control signals, water, sanitary sewer and storm sewer; and
WHEREAS, other utility service providers, including electricity, telephone, natural gas
and cable television and video service providers have placed, or from time to time may request to
place, certain utility facilities in the public rights -of -way within the City; and
WHEREAS, legislatures and regulatory agencies at the State and federal levels have
implemented changes in the regulatory framework to enhance competition in the providing of
various utility services; and
WHEREAS, the combination of legislative and regulatory changes and the development
of new technologies has led additional service providers to seek opportunities to provide services
in the City; and
WHEREAS, these regulatory and technological changes have resulted in demands for
access to and use of the public rights -of -way in the City as service providers, particularly in the
video and communications services, attempt to provide new or additional services to compete
with incumbent service providers; and
WHEREAS, unlike prior deregulations of utility services in which incumbent service
providers have been required to make their transmission and/or distribution systems available to
competitors, video and communications services seeking to compete with incumbent service
providers are seeking to install their own facilities for delivering competing video and
communications services; thereby increasing the number of service providers seeking access to
and use of the public rights -of -way in the City; and
WHEREAS, the public rights -of -way within the City are a limited public resource held
in trust by the City for the benefit of its citizens and the City has a custodial duty to ensure that
the public rights -of -way are used, repaired and maintained in a manner that best serves the public
interest; and
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WHEREAS, the corporate authorities of the City find and determine that it is necessary
to and in the best interests of the public health, safety and general welfare to establish uniform
standards and regulations for access to and use of the public rights -of -way in the City by utility
service providers and other persons and entities that desire to place structures, facilities or
equipment in the public rights -of -way, so as to (i) prevent interference with the use of streets,
sidewalks, alleys and other public ways and places by the City and the general public, (ii) protect
against visual and physical obstructions to vehicular and pedestrian traffic, (iii) prevent
interference with the facilities and operations of the City's utilities and of other utilities lawfully
located in public rights -of -way or property, (iv) protect against environmental damage, including
damage to trees, from the installation of utility facilities, (v) preserve the character of the
neighborhoods in which facilities are installed, (vi) prevent visual blight, and (vii) assure the
continued safe use and enjoyment of private properties adjacent to utility facilities locations; and
WHEREAS, this Ordinance is adopted pursuant to the provisions of (i) the Illinois
Municipal Code, 65 ILCS 511 -1 -1, et seq., including, without limitation, Sections 11 -20 -5, 11-
20 -10, 11- 42 -11, 11 -42 =11.2, 11 -80 -1, 11 -80 -3, 11 -80 -6, 11 -80 -7, 11 -80 -8, 11- 80 -10, and 11 -80-
13; (ii) Section 4 of the Telephone Company Act, 220 ILCS 65/4; (iii) the Illinois Highway
Code, including, without limitation, Articles 7 and 9 thereof, 605 ILCS 5/1 -101 et seq.; (iv) the
Simplified Municipal Telecommunications Tax Act, 35 ILCS 636/1 et seq. and (v) the Cable and
Video Competition Law of 2007, 220 ILCS 5/21 -100 et seq.; and
WHEREAS, this Ordinance establishes generally applicable standards for construction
on, over, above, along, upon, under, across, or within the public right -of -way, and for the 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 § 53 0. 10 et seq.; and
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 United
City of Yorkville 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. The Municipal Code of the United City of Yorkville shall be
amended by the addition of Title 12 that will read as follows:
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TITLE 12
RIGHTS -OF -WAY
CHAPTER 1
CONSTRUCTION OF
UTILITY FACILITIES IN THE RIGHTS -OF -WAY
1 -1 -1: 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 -of -way and the City as a whole.
B. Intent In enacting this Chapter the City intends to exercise its authority over the rights -of-
way in the City and, in particular, the use of the public ways and property by utilities, by
establishing uniform standards to address issues presented by utility facilities, including without
limitation:
1) prevent interference with the use of streets, sidewalks, alleys, parkways and other
public ways and places;
2) prevent the creation of visual and physical obstructions and other conditions that are
hazardous to vehicular and pedestrian traffic;
3) prevent interference with the facilities and operations of the City's utilities and of
other utilities lawfully located in rights -of -way or public property;
4) protect against environmental damage, including damage to trees, from the
installation of utility facilities;
5) protect against increased stormwater run -off due to structures and materials that
increase impermeable surfaces;
6) preserve the character of the neighborhoods in which facilities are installed;
7) preserve open space, particularly the tree -lined parkways that characterize the City's
residential neighborhoods;
8) prevent visual blight from the proliferation of facilities in the rights -of -way; and
9) assure the continued safe use and enjoyment of private properties adjacent to utility
facilities locations.
C. Facilities Subiect to this Chapter. This Chapter applies to all facilities on, over, above, along,
upon, under, across, or within the 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,
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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.
D. 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.
E. Effect of Franchises, Licenses, or Similar Agreements.
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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.
F. 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.
G. 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.
H. 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.
1 -1 -2: 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.
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"ANSI" - American National Standards Institute.
"Applicant" - A person applying for a permit under this Chapter.
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"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.
"Cable operator" - That term as defined in 47 U.S.C. 522(5).
"Cable service" - That term as defined in 47 U.S.C. 522(6).
"Cable system" - That term as defined in 47 U.S.C. 522(7).
"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 United City of Yorkville, Illinois.
"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 Municipal Code of the United City of Yorkville, Illinois.
"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.
"Director of Public Works" - The City Director of Public Works or his or her designee.
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"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.
"Engineer" - The City Engineer or his or her designee.
"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, antennas, vaults, boxes, equipment enclosures, cabinets,
pedestals, 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. For
purposes of this Chapter, the term "facility" shall not include any facility owned or operated 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 to a highway.
"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.
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"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.
"Holder" - A person or entity that has received authorization to offer or provide cable or video
service from the ICC pursuant to the Illinois Cable and Video Competition Law, 220 ILCS 5/21 -
401.
"IDOT" - Illinois Department of Transportation.
"ICC" - 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.
"J.U.L.I.E." - The Joint Utility Locating Information for Excavators utility notification program.
"Major Intersection" - The intersection of two or more major arterial highways.
"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.
"Permittee" - That entity to which a permit has been issued pursuant to Sections 4 and 5 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.
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"Public Entity" - A legal entity that constitutes or is part of the government, whether at local,
state or federal level.
"Restoration" - The repair of a right -of- -way, highway, roadway, or other area disrupted by the
construction of a facility.
"Right -of -Way" or "Rights -of -Way " - Any street, alley, other land or waterway, dedicated or
commonly used for pedestrian or vehicular traffic or other similar 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" or "Rights -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 10 of this Chapter.
"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.
"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, mobile radio
services, cellular mobile telecommunications services, stationary two -way radio, paging service
and any other form of mobile or portable one -way or two -way communications, and 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. "Private
line" means a dedicated non - traffic sensitive service for a single customer that entitles the
customer to exclusive or priority use of a communications channel, or a group of such channels,
from one or more specified locations to one or more other specified locations.
"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 such provider to the ultimate retail consumer who originates or terminates
the end -to -end communications. "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.
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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.F.R. §76.1500 and
following), as now or hereafter amended.
"Telecommunications Provider" - Means any person that installs, owns, operates or controls
facilities in the 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.
"Video Service" - That term as defined in Section 21 -201 (v) of the Illinois Cable and Video
Competition Law of 2007, 220 ILCS 21- 201(v).
"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
provide a sluice for the excavated material.
1 -1 -3: ANNUAL REGISTRATION REQUIRED:
Every utility that occupies right -of -way within the City shall register on January 1 of each year
with the Engineer, 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 8 of
this Chapter, in the form of a certificate of insurance.
1 -1 -4: 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.
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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 it
reasonably believes contain proprietary or confidential information as "proprietary" or
"confidential" by clearly marking each page of such materials accordingly.
C. Minimum General Application Reauirements. 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 City:
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 City and shall promote
protection of the safety and convenience of the public. Compliance with
ICC regulations for emergency contingency plans constitutes compliance
with this Section unless the City finds that additional information or
assurances are needed;
6) Drawings, plans and specifications showing the work proposed, including the
certification of an Illinois' licensed professional engineer that such drawings,
plans, and specifications comply with applicable codes, rules, and regulations;
7) Evidence of insurance as required in Section 8 of this Chapter;
8) Evidence of posting of the security fund as required in Section 10 of this Chapter;
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9) Any request for a variance from one or more provisions of this Chapter (See
Section 21); and
10) 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 the installation of a new electric power, communications,
telecommunications, cable television service, video service or natural gas
distribution system, evidence that any "Certificate of Public Convenience and
Necessity" or other regulatory authorization that the applicant is required by law
to obtain, or that the applicant has elected to obtain, has been issued by the ICC or
other jurisdictional authority;
2) In the case of natural gas systems, state the proposed pipe size, design,
construction class, and operating pressures;
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 Metropolitan Water Reclamation District, and the
Yorkville - Bristol Sanitary District 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 of
$50. No application fee is required to be paid by any electricity utility that is paying the
municipal electricity infrastructure maintenance fee pursuant to the Electricity Infrastructure
Maintenance Fee Act.
1 -1 -5: 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 applicable ordinances, codes, laws, rules,
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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 applicable ordinances, codes, laws, rules, and regulations, the City Engineer
shall issue a permit therefor as soon as practicable. In all instances, it shall be the duty of the
applicant to demonstrate, to the satisfaction of the City Engineer, that the construction proposed
under the application shall be in full compliance with the requirements of this Chapter.
B. Additional Citv 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 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
forty -five (45) days prior to the commencement of work requiring no excavation
and not less than forty-five (45) 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) forty-five (45) 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) forty -five (45) 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 City, where a permit is required
for work pursuant to Section 4 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.
C. Additional Citv Review of Applications of Holders of State Authorization Under the Cable
and Video Competition Law of 2007. Applications by a utility that is a holder of a State - issued
authorization under the Cable and Video Competition Law of 2007 shall be deemed granted
forty-five (45) days after submission to the City, unless otherwise acted upon by the City,
provided the holder has complied with applicable City codes, ordinances, and regulations.
1 -1 -6: EFFECT OF PERMIT:
A. Authoritv Granted; No Propertv 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 rights -of -way.
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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 reviewing 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
the permittee from complying with other requirements of the City and applicable statutes, laws,
ordinances, rules, and regulations.
1 -1 -7: 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 21 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.
1 -1 -8: INSURANCE:
I
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:
i) Five million dollars ($5,000,000) for bodily injury or death to each person;
I
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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.
If the utility is not providing such insurance to protect the contractors and subcontractors
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
Mayor 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.
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F. Effect of Insurance and Self- Insurance on Utilitv's Liabilitv. 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.
G. Insurance Companies. All insurance provided pursuant to this Section shall be effected under
valid and enforceable policies, issued by insurers legally able to conduct business with the
licensee in the State of Illinois. [All insurance carriers and surplus line carriers shall be rated "A-
" or better and of a class size "X" or higher by A.M. Best Company.]
1 -1 -9: 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 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.
1 -1 -10: 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.
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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 90 -day prior cancellation 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.
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.
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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 Securitv Fund. Upon completion of the work authorized under the
permit, the permittee shall be entitled to the return of the Security Fund or such
p � p Y � portion thereof P
as remains on deposit, within a reasonable time after account is taken for all offsets 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 which may be infringed or
otherwise violated.
1 -1 -11: PERMIT SUSPENSION AND REVOCATION:
A. Citv 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 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 11.
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:
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1) Immediately provide the City with evidence that no cause exists for the revocation
or suspension;
2) Immediately correct, to the satisfaction of the City, the deficiencies stated in the
written 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 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.
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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.
1 -1 -12: CHANGE OF OWNERSHIP OR OWNER'S IDENTITY OR LEGAL STATUS:
A. Notification of Change. A utility shall notify the City 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 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.
1 -1 -13: 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,
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the principles and standards set forth in the following IDOT publications, as amended from time
to time:
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.
1 -1 -14: 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. Warnina Sians, Protective Devices, and Flaaaers. The utility is responsible for providing and
installing warning signs, protective devices and flaggers, when necessary, meeting applicable
federal, state, and local requirements for protection of the public and the utility's workers when
performing any work on the 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 20
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.
1 -1 -15: LOCATION OF FACILITIES:
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A. General Requirements. In addition to location requirements applicable to specific types of
utility facilities, all utility facilities, regardless of type, shall be subject to the general location
requirements of this subsection.
1) No Interference with Citv Facilities. No utility facilities shall be placed in any
location if the City Engineer determines that the proposed location will require the
relocation or displacement of any of the City's utility facilities or will otherwise
interfere with the operation or maintenance of any of the City's utility facilities.
2) Minimum Interference and Impact. The proposed location shall cause only the
minimum possible interference with the use of the right -of -way and shall cause
only the minimum possible impact upon, and interference with the rights and
reasonable convenience of property owners who adjoin said right -of -way.
3) No Interference with Travel. No utility facility shall be placed in any location
that interferes with the usual travel on such right -of -way.
4) No Limitations on Visibilitv. No utility facility shall be placed in any location so
as to limit visibility of or by users of the right -of -way.
5) Size of Utilitv Facilities. The proposed installation shall use the smallest suitable
vaults, boxes, equipment enclosures, power pedestals, and/or cabinets then in use
by the facility owner, regardless of location, for the particular application.
B. Parallel Facilities Located Within HiQhways.
1) Overhead Parallel Facilities. An overhead parallel facility may be located within
the right -of -way lines of a highway only i£
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 feet (0.6 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:
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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.
C. Facilities Crossing Highways.
1) No Future Disrut)tion. 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 Drainaae Facilities. Crossing facilities shall not be
located in cattle passes, culverts, or drainage facilities.
3) 90 Decree Crossing Reauired. Crossing facilities shall cross at or as near to a
ninety (90) degree angle to the centerline as practicable.
4) Overhead Power or Communication Facilitv. An overhead power or
communication facility may cross a highway only if:
i) It has a minimum vertical line clearance as required by ICC's rules
entitled, "Construction of Electric Power and Communication Lines" (83
111. 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 Facilitv. 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.
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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)).
D. 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, rather than within particular
highways.
E. Freestanding Facilities.
1) The City may restrict the location and size of any freestanding facility located
within a right -of -way.
2) The City may require any freestanding facility located within a right -of -way to be
screened from view.
F. Facilities Installed Above Ground. 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. Existing utility poles and light
standards shall be used wherever practicable; the installation of additional utility
poles is strongly discouraged.
G. Facilitv Attachments to Bridees or Roadwav 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:
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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.
H. 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 right -of -way user or
to adjacent residents and property owners, and if it does not impair the aesthetic
quality of the lands being traversed.
1 -1 -16: CONSTRUCTION METHODS AND MATERIALS:
A. Standards and Requirements for Particular Tvpes 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
Director of Public Works 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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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 City to be preserved or protected 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) Len h. 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 City Engineer.
ii) Oven 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) Drip Line of Trees. The utility shall not trench within the drip line of any
tree designated by the City to be preserved.
3) Backfillina.
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
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ordered by the 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 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 21, the
following requirements shall apply:
i) Any excavation under pavements shall be backfilled and compacted as
soon as practicable with granular material of CA -7 gradation, as
designated by the Engineer.
ii) Restoration of pavement, in kind, shall be accomplished as soon as
practicable and at twice the amount of the existing pavement depth, 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.
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
City.
ii) The venting, if any, of any encasement shall extend within one foot (0.3
m) 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 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.
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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 Yorkville Subdivision Control
Ordinances No. 2000 -2, as amended from time to time.
B. Standards and Requirements for Particular Tvpes of Facilities.
1) Electric Power or Communication Lines.
i) 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 Part 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 i£ (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.
iv) Burial of Drops. All temporary service drops placed between November 1
of the prior year and March 15 of the current year, also known as
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snowdrops, shall be buried by May 31 of the current year, weather
permitting, unless otherwise permitted by the City. Weather permitting,
utilities shall bury all temporary drops, excluding snowdrops, within ten
(10) business days after placement.
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 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 Drainaize 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" and
"Yorkville's Standard Specifications for Improvements."
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 Engineer. With the approval of the 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.
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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 Storap-e on Right- of -Way. No material shall be stored on the right -of-
way without the prior written approval of the City Engineer. When such storage
is permitted, 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 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 Chapter _ 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 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.)
1 -1 -17: VEGETATION CONTROL:
A. Electric Utilities — Compliance with State Laws and Regulations. An electric utility shall
conduct all tree - trimming and vegetation control activities in the right -of -way in accordance with
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applicable Illinois laws and regulations, and additionally, with such local franchise or other
agreement with the City as permitted by law.
B. Other Utilities — Tree Trimming Permit Required. Tree trimming that is done by any other
utility with facilities in the right -of -way and that is not performed pursuant to applicable Illinois
laws and regulations specifically governing same, 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 Chapter.
1) Application for Tree Trimminia 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 City will require compensation for
trees extensively 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 City may require the removal and replacement of trees if
trimming or radical pruning would leave them in an unacceptable condition.
C. Suecimen Trees or Trees of Si)ecial Significance. The City 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.
D. Chemical Use.
1) Except as provided in the following paragraph, no utility shall spray, inject or
pour any chemicals on or near any trees, shrubs or vegetation in the City for any
purpose, including the control of growth, insects or disease.
2) 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 Engineer that such
spraying is the only practicable method of vegetation control.
1 -1 -18: 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, protect, support, temporarily or permanently disconnect, 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.
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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 rights -of -way shall, at its own expense, remove all or any part of such
facilities or appurtenances from the 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. Emeraencv 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 rights -of -way of the
City, the utility shall notify the City within ninety (90) days. Following receipt of such 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.
1 -1 -19: CLEAN -UP AND RESTORATION:
The utility shall submit a landscape restoration plan to the City Engineer for approval. The utility
shall remove all excess material and restore all turf and terrain and other property within ten (10)
days after any portion of the rights -of -way are disturbed, damaged or destroyed due to
construction or maintenance by the utility, all to the satisfaction of the City Engineer. This
includes restoration of entrances and side roads. Restoration of roadway surfaces shall be made
using materials and methods approved by the City Engineer in the landscape restoration plan.
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. The time period
provided in this Section may be extended by the City Engineer for good cause shown.
1 -1 -20: MAINTENANCE AND EMERGENCY MAINTENANCE:
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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. Emer2encv 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. Parkin on the shoulder in such an emergency will only be mitted
p g g Y Y er
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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. Ememencv Repairs. The utility must file in writing with the City a description of the repairs
undertaken in the right -of -way within 48 hours after an emergency repair.
1 -1 -21: 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. Authoritv 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
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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.
E. Right to Aimeal. Any utility aggrieved by any order, requirement, decision or determination,
including denial of a variance, made by the City Engineer under the provisions of this Chapter
shall have the right to appeal to the City Council, or such other board or commission as it may
designate. The application for appeal shall be submitted in writing to the City Clerk within 30
days after the date of such order, requirement, decision or determination. The City Council shall
Y q � Y
commence its consideration of the appeal at the Council's next regularly scheduled meeting
occurring at least seven (7) days after the filing of the appeal. The City Council shall timely
decide the appeal.
1 -1 -22: 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
parry 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.
1 -1 -23: ENFORCEMENT:
Nothing in this Chapter shall be construed as limiting any additional or further remedies that the
City may have for enforcement of this Chapter.
1 -1 -24: 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.
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I
Section 3. Effective Date. This Ordinance shall take effect ten (10) days after its
passage, approval and publication in pamphlet form.
PASSED this A day otS' ,- 2007, pursuant to a roll call vote as follows:
AYES:,�,.9 1 ��....
NAYS:
ABSENT:
ABSTAIN:
APPROVED by me this day o , 20
A4 t t14
Mayo / of the mit4C�yof or kville
Kendall Coui ty, Illinois
ATTESTED, Filed in my office, 04y0p— - PR,0 -- rem -
and published in pamphlet form
this _� day of ��CF( �L , 200
v u� Clerk of the United
City of Yorkville, Kendall County, Illinois
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