Purpose and Scope.
ARTICLE VI. CONSTRUCTION OF UTILITY FACILITIES
Enacted by Ordinance No. O-99-2, 1/18/99;
Amended in its entirety by Ordinance No. O-07-117, 11/19/07;
Ordinance No. O-17-13, 3/20/17
Sec. 17-601. Purpose and Scope. [back to top]
(A) Purpose. The purpose of this Article is to establish policies and procedures for constructing facilities on rights-of-way within the Village's jurisdiction, which will provide public benefit consistent with the preservation of the integrity, safe usage, and visual qualities of the Village rights-of-way and the Village as a whole.
(B) Facilities Subject to this Article. This Article applies to all facilities on, over, above, along, upon, under, across, or within the public rights-of-way within the jurisdiction of the Village, except as may be otherwise provided in any applicable franchise, license or similar agreement.
(C) Franchises, Licenses, or Similar Agreements. The Village, in its discretion and as limited by law, may require utilities to enter into a franchise, license or similar agreement for the privilege of locating their facilities on, over, above, along, upon, under, across, or within the Village rights-of-way. In such an agreement, the Village may provide for terms and conditions inconsistent with this Article. Utilities that are not required by law to enter into such an agreement may request that the Village enter into such an agreement.
(D) Effect of Franchises, Licenses, or Similar Agreements.
(E) Conflicts with Other Articles. This Article supersedes all policies, resolutions, ordinances, or parts thereof 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 Article, the utility shall comply with the requirements of this Article to the maximum extent possible without violating federal or State laws or regulations.
(G) Sound Engineering Judgment. The Village shall use sound engineering judgment when administering this Article and may vary the standards, conditions, and requirements expressed in this Article when the Village so determines. Nothing herein shall be construed to limit the ability of the Village to regulate its rights-of-way for the protection of the public health, safety and welfare.
Sec. 17-602. Definitions. [back to top]
For purposes of this Article, 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 means American Association of State Highway and Transportation Officials.
Above Ground Service Facility shall mean an/any above ground structure, used by an Entity to provide Service to the public, which has an above ground volume greater than twenty-four (24) cubic feet, but excluding buildings, towers, utility poles, watertowers and standpipes.
ANSI means American National Standards Institute.
Applicant means a person applying for a permit under this Article.
ASTM means American Society for Testing and Materials.
Backfill means the methods or materials for replacing excavated material in a trench or pit.
Bore or boring means to excavate an underground cylindrical cavity for the insertion of a pipe or electrical conductor.
Cable operator is that term as defined in 47 U.S.C. 522(5).
Cable service is that term as defined in 47 U.S.C. 522(6).
Cable system is that term as defined in 47 U.S.C. 522(7).
Carrier pipe means the pipe enclosing the liquid, gas or slurry to be transported.
Casing means a structural protective enclosure for transmittal devices such as carrier pipes, electrical conductors, and fiber optic devices.
Clear zone means the total roadside border area, starting at the edge of the pavement, available for safe use by errant vehicles. This area shall consist of a shoulder, a recoverable slope, a nonrecoverable slope, and a clear run-out area. The desired width is dependent upon the traffic volumes and speeds, and on the roadside geometry. Distances are specified in the AASHTO Roadside Design Guide.
Coating means protective wrapping or mastic cover applied to buried pipe for protection against external corrosion.
Code means the codified ordinances of the Village of Addison.
Conductor means wire carrying electrical current.
Conduit means a casing or encasement for wires or cables.
Construction or construct means the installation, repair, maintenance, placement, alteration, enlargement, demolition, modification or abandonment in place of facilities.
Cover means the depth of earth or backfill over buried utility pipe or conductor.
Crossing facility means a facility that crosses one or more right-of-way lines of a right-of-way.
Director of Public Works means the Village Director of Public Works or his or her designee.
Disrupt the right-of-way, for the purposes of this Article, means 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 means 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 means provision of a protective casing.
Entity or person means any natural individual, firm, trust, estate, partnership, association, joint stock company, joint venture, corporation, limited liability company, state government, federal government, a unit of local government, or a receiver, trustee, guardian or other representative appointed by order of court, or any other legally recognized organization, whether for-profit or not-for-profit. The Village shall not be considered a “Person” or “Entity."
Equipment means materials, tools, implements, supplies, and/or other items used to facilitate construction of facilities.
Excavation means the making of a hole or cavity by removing material or laying bare by digging.
Extra heavy pipe means pipe meeting ASTM standards for this pipe designation.
Facility means all structures, devices, objects, and materials (including track and rails, wires, ducts, fiber optic cable, communications and video cables and wires, poles, conduits, grates, covers, pipes, cables, personal wireless facilities and appurtenances thereto) located on, over, above, along, upon, under, across, or within rights-of-way under this Article, except those owned by the Village.
Freestanding facility means a ground-mounted facility over twenty-five (25) cubic feet in size that is not a crossing facility, an overhead facility or a parallel facility, such as an antenna, transformer, pump, equipment enclosure, cabinet, or meter station.
Frontage road means roadway providing access to land adjacent to the highway where it is precluded by control of access on highway.
Hazardous material means any substance or material which, due to its quantity, form, concentration, location, or other characteristic, is determined by the Director of Public Works to pose an unreasonable and imminent risk to the life, health or safety of persons or property or to the ecological balance of the environment, including, but not limited to explosives, radioactive materials, petroleum or petroleum products or gases, poisons, etiology (biological) agents, flammables, corrosives or any substance determined to be hazardous or toxic under any federal or State law, statute or regulation.
Highway Code means the Illinois Highway Code, 605 ILCS 5/1-101 et seq., as amended from time to time.
Highway means a right-of-way used for vehicular traffic, including rural or urban roads or streets, whether classified as arterial, collector, minor or local. 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 means 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 means Illinois Department of Transportation.
ILCC means Illinois Commerce Commission.
Jacking means pushing a pipe horizontally under a roadway by mechanical means with or without boring.
Jetting means pushing a pipe through the earth using water under pressure to create a cavity ahead of the pipe.
Joint use means the use of pole lines, trenches or other facilities by two (2) or more utilities.
J.U.L.I.E. means the Joint Utility Locating Information for Excavators utility notification program.
Light Standard means a raised source of electric light adjacent to a street or sidewalk.
Major intersection means the intersection of two (2) or more arterial highways.
Occupancy means the presence of facilities on, over or under right-of-way.
Overhead facility means a facility that is mounted on a pole.
Parallel facility means a facility that is generally parallel or longitudinal to the centerline of a right-of-way.
Parkway means any portion of the right-of-way not improved by street or sidewalk.
Pavement cut means the removal of an area of pavement for access to facility or for the construction of a facility.
Permittee means that entity to which a permit has been issued pursuant to Sections 17-604 and 17-605 of this Article.
Personal Wireless Services means any technologies defined in 47 U.S.C. 332(c)(7) including commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services, provided to personal mobile communication devices through wireless Facilities or any fixed mobile wireless services provided using personal wireless Facilities.
Personal Wireless Service Facilities means equipment at a fixed location that enables Personal Wireless Service between user equipment and a communications network, including but not limited to: (a) equipment associated with Personal Wireless Services such as private, broadcast and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul; and (b) Transmission Tower, radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies and comparable equipment, regardless of technological configuration.
Practicable means that which is performable, feasible or possible, rather than that which is simply convenient.
Pressure means the internal force acting radially against the walls of a carrier pipe expressed in pounds per square inch gauge (psig).
Petroleum products pipelines means pipelines carrying crude or refined liquid petroleum products including, but not limited to, gasoline, distillates, propane, butane, or coal-slurry.
Prompt means that which is done within a period of time specified by the Village. If no time period is specified, the period shall be thirty (30) days.
Public entity means a legal entity that constitutes or is part of the government, whether at local, state or federal level.
Restoration means the repair of a right-of-way, highway, roadway, or other area disrupted by the construction of a facility to its original condition.
Right-of-way means any street, alley, other land or waterway, dedicated or commonly used for utility purposes, including utility easements in which the Village has the right and authority to authorize, regulate or permit the location of facilities other than those of the Village. Right-of-way shall not include any real or personal Village property that is not specifically described in the previous two sentences and shall not include Village buildings, fixtures, and other structures or improvements, regardless of whether they are situated in the right-of-way.
Roadway means that part of the highway that includes the pavement and shoulders.
Sale of telecommunications at retail means 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 means that amount of security required pursuant to Section 17-610.
Shoulder means 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 means a decision(s) consistent with generally accepted engineering principles, practices and experience.
Telecommunications includes, but is not limited to, messages or information transmitted through use of local, toll and wide area telephone service, channel services, telegraph services, teletypewriter service, computer exchange service, private line services, mobile radio services, cellular mobile telecommunications services, personal wireless 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 the provision of cable services through a cable system as defined in the Cable Communications Act of 1984 (47 U.S.C. Sections 521 and following), as now or hereafter amended, or cable or other programming services subject to an open video system fee payable to the Village through an open video system as defined in the Rules of the Federal Communications Commission (47 C.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 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 means a relatively narrow open excavation for the installation of an underground facility.
Utility means any person or entity owning or operating any facility, as defined in this Article.
Vent means a pipe to allow the dissipation into the atmosphere of gases or vapors from an underground casing.
Video service is that term as defined in Section 21-201(v) of the Illinois Cable and Video Competition Law of 2007, 220 ILCS 21-201(v).
Village means the Village of Addison.
Village standards means any codes, ordinances or regulations of the Village which are applicable to construction of utility facilities in Village rights-of-way.
Water lines means pipelines carrying raw or potable water.
Wet boring means boring using water under pressure at the cutting auger to soften the earth and to provide a sluice for the excavated material.
Sec. 17-603. Annual Registration Required. [back to top]
Every utility that occupies right-of-way within the Village shall register on January 1 of each year with the Director of Public Works, providing the utility's name, address and regular business telephone and telecopy numbers, the name of one or more contact persons who can act on behalf of the utility in connection with emergencies involving the utility's facilities in the right-of-way and a 24-hour telephone number for each such person and evidence of insurance as required in Section 17-608 of this Article, in the form of a certificate of insurance.
Sec. 17-604. Permit Required; Applications and Fees. [back to top]
(A) Permit Required. No person shall construct (as defined in this Article) any facility on, over, above, along, upon, under, across, or within any Village right-of-way which (1) changes the location of the facility, (2) adds a new facility, (3) disrupts the right-of-way (as defined in this Article), or (4) materially increases the amount of area or space occupied by the facility on, over, above, along, under, across or within the right-of-way, without first filing an application with the Director of Public Works and obtaining a permit from the Village therefor, except as otherwise provided in this Article. 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 Article shall be filed on a form provided by the Village and shall be filed in such number of duplicate copies as the Village may designate. The applicant may designate those portions of its application materials that 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 Requirements. The application shall be made by the utility or its duly authorized representative and shall contain, at a minimum, the following:
(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:
(E) Applicant's Duty to Update Information. Throughout the entire permit application review period and the construction period authorized by the permit, any amendments to information contained in a permit application shall be submitted by the utility in writing to the Village within thirty (30) days after the change necessitating the amendment.
(F) Application Fees. Unless otherwise provided by franchise, license, or similar agreement, all applications for permits pursuant to this Article shall be accompanied by a fee in the amount of two hundred fifty dollars ($250.00). No application fee is required to be paid by any electric or telecommunications utility that is paying the municipal infrastructure maintenance fee pursuant to the Telecommunications Infrastructure Maintenance Fee Act. (35 ILCS 635/1 et seq.) or the Electricity Infrastructure Maintenance Fee Act (35 ILCS 645/1 et seq.).
G) Permit Prohibitions.
Sec. 17-605. Action on Permit Applications. [back to top]
(A) Village Review of Permit Applications. Completed permit applications, containing all required documentation, shall be examined by the Director of Public Works 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 Director of Public Works shall reject such application in writing, stating the reasons therefor. If the Director of Public Works is satisfied that the proposed work conforms to the requirements of this Article and all applicable ordinances, codes, laws, rules, and regulations, the Director of Public Works 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 Village Director of Public Works, that the construction proposed under the application shall be in full compliance with the requirements of this Article.
(B) Additional Village Review of Applications of Telecommunications Retailers.
(C) Additional Village Review of Applications of Holders of State Authorization under the Cable and Video Completion 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 Village, unless otherwise acted upon by the Village, provided the holder has complied with applicable Village codes, ordinances, and regulations.
Sec. 17-606. Effect of Permit. [back to top]
(A) Authority Granted, No Property Right or Other Interest Created. A permit from the Village authorizes a permittee to undertake only certain activities in accordance with this Article on Village rights-of-way and does not create a property right or grant authority to the permittee to impinge upon the rights of others who may have an interest in the public rights-of-way.
(B) Duration. No permit issued under this Article 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) Preconstruction meeting required. No construction shall begin pursuant to a permit issued under this Article prior to attendance by the permittee and all major contractors and subcontractors who will perform any work under the permit at a preconstruction meeting. The preconstruction meeting shall be held at a date, time and place designated by the Village, with such Village representatives in attendance as the Village 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 Village does not excuse the permittee from complying with other requirements of the Village Code and all applicable statutes, laws, ordinances, rules, regulations, including but not limited to, the Addison Zoning Ordinance, as now existing or hereafter amended.
Sec. 17-607. Revised Permit Drawings. [back to top]
In the event the actual locations of any facilities deviate in any material respect from the locations identified in the plans, drawings and specifications submitted with the permit application, the permittee shall submit a revised set of drawings or plans to the Village within ninety (90) days after the completion of the permitted work. The revised drawings or plans shall specifically identify where the locations of the actual facilities deviate from the locations approved in the permit. If any deviation from the permit also deviates from the requirements of this Article, it shall be treated as a request for variance in accordance with Section 17-621 of this Article. If the Village denies the request for a variance, then the permittee shall either remove the facility from the right-of-way or modify the facility so that it conforms to the permit and submit revised drawings or plans therefor.
Sec. 17-608. Insurance. [back to top]
(A) Required Coverages and Limits. Unless otherwise provided by franchise, license, or similar agreement, each utility occupying right-of-way or constructing any facility in the right-of-way shall secure and maintain the following liability insurance policies insuring the utility as named insured and naming the Village and its elected and appointed officers, officials, agents, and employees as additional insureds on the policies listed in paragraphs (1) and (2) below.
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 Village within ten (10) days following receipt of a written request therefor from the Village.
(D) Maintenance and Renewal of Required Coverages. The insurance policies required by this Section shall contain the following endorsement:
"It is hereby understood and agreed that this policy may not be canceled nor the intention not to renew be stated until thirty (30) days after receipt by the Village, by registered mail or certified mail, return receipt requested, of a written notice addressed to the Village Manager of such intent to cancel or not to renew."
Within ten (10) days after receipt by the Village of said notice, and in no event later than ten (10) days prior to said cancellation, the utility shall obtain and furnish to the Village evidence of replacement insurance policies meeting the requirements of this Section.
(E) Self-Insurance. A utility may self-insure all or a portion of the insurance coverage and limit requirements required by Subsection (A) of this Section. A utility that self-insures is not required, to the extent of such self-insurance, to comply with the requirement for the naming of additional insureds under Subsection (A) or the requirements of Subsections (B), (C) and (D) of this Section. A utility that elects to self-insure shall provide to the Village evidence sufficient to demonstrate its financial ability to self-insure the insurance coverage and limit requirements required under Subsection (A) of this Section, such as evidence that the utility is a "private self insurer" under the Workers Compensation Act. Self-insurance shall be primary, and any Village policies of insurance shall be deemed secondary.
(F) Effect of Insurance and Self-Insurance on Utility' s Liability. The legal liability of the utility to the Village and any person for any of the matters that are the subject of the insurance policies or self-insurance required by this Section shall not be limited by such insurance policies or self-insurance or by the recovery of any amounts thereunder.
(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.
Sec. 17-609. Indemnification. [back to top]
By occupying or constructing facilities in the right-of-way, a utility shall be deemed to agree to defend, indemnify and hold the Village and its elected and appointed officials and officers, employees, agents and representatives harmless from and against any and all injuries, claims, demands, judgments, damages, losses and expenses, including reasonable attorney's fees and costs of suit or defense, arising out of, resulting from or alleged to arise out of or result from the negligent, careless or wrongful acts, omissions, failures to act or misconduct of the utility or its affiliates, officers, employees, agents, contractors or subcontractors in the construction of facilities or occupancy of the rights-of-way, and in providing or offering service over the facilities, whether such acts or omissions are authorized, allowed or prohibited by this Article 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 Article by the Village, its officials, officers, employees, agents or representatives.
17-610. Security. [back to top]
(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:
(B) Form. The permittee shall provide the Security Fund to the Village in the form, at the permittee's election, of cash, a surety bond in a form acceptable to the Village, or an unconditional letter of credit in a form acceptable to the Village. Any surety bond or letter of credit provided pursuant to this subsection shall, at a minimum:
(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 Director of Public Works, and may also include reasonable, directly related costs that the Village estimates are likely to be incurred if the permittee fails to perform such restoration. Where the construction of facilities proposed under the permit will be performed in phases in multiple locations in the Village, with each phase consisting of construction of facilities in one location or a related group of locations, and where construction in another phase will not be undertaken prior to substantial completion of restoration in the previous phase or phases, the Director of Public Works may, in the exercise of sound discretion, allow the permittee to post a single amount of security which shall be applicable to each phase of the construction under the permit. The amount of the Security Fund for phased construction shall be equal to the greatest amount that would have been required under the provisions of this Subsection (C) for any single phase.
(D) Withdrawals. The Village, upon fourteen (14) days' advance written notice clearly stating the reason for, and its intention to exercise withdrawal rights under this Subsection, may withdraw an amount from the Security Fund if the fund is a Cash Security Fund, provided that the permittee has not reimbursed the Village for such amount within the fourteen (14) day notice period. Withdrawals may be made if the permittee:
(E) Replenishment. Within fourteen (14) days after receipt of written notice from the Village that any amount has been withdrawn from the Cash Security Fund, the permittee shall restore the Cash 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 Cash Security Fund be returned to the permittee by the Village, upon written request for said withdrawal to the Village, provided that any such withdrawal does not reduce the Cash 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 Cash Security Fund, or such portion thereof as remains on deposit, within a reasonable time after account is taken for all offsets necessary to compensate the Village for failure by the permittee to comply with any provisions of this Article or other applicable law. In the event of any revocation of the permit, the Cash Security Fund, and any and all accrued interest therein, shall become the property of the Village to the extent necessary to cover any reasonable costs, loss or damage incurred by the Village as a result of said revocation, provided that any amounts in excess of said costs, loss or damage shall be refunded to the permittee.
(H) Rights Not Limited. The rights reserved to the Village with respect to the Security Fund are in addition to all other rights of the Village, whether reserved by this Article or otherwise authorized by law, and no action, proceeding or exercise of right with respect to said Security Fund shall affect any other right the Village may have. Notwithstanding the foregoing, the Village shall not be entitled to a double monetary recovery with respect to any of its rights which may be infringed or otherwise violated.
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