CHAPTER 16
USE, CONSTRUCTION, REPAIR, AND OCCUPANCY OF THE PUBLIC RIGHT-OF-WAY, STREETS, DRIVEWAYS, AND SIDEWALKS
ARTICLE I
GENERAL CONDITIONS
SECTION 16-1: GENERAL CONDITIONS
All construction work shall be in accordance with the Illinois Department of Transportation (IDOT) Standard Specifications for Road and Bridge Construction, current edition, the Illinois Department of Transportation (IDOT) “Supplemental Specifications and Recurring Special Provisions”, current edition, the Manual on Uniform Traffic Control Devices for Street and Highways (MUTCD), current edition, the Standard Specifications for Water and Sewer Construction in Illinois, current edition, the Occupational Safety and Health Administration (OSHA) requirements, current edition, IDOT and Village of Lena standards details, and the Village of Lena’s special provisions.
All private and public streets, alleys, driveway aprons, sidewalks, and traveled ways shall be under the supervision of the Village or its designated representative.
All maintenance-related activities of public streets, alleys, sidewalks, and traveled ways shall be under the supervision of the Lena Street Department
ARTICLE II
PERMIT REQUIRED FOR CONSTRUCTION OR REPAIR
SECTION 16-2: PERMIT REQUIRED
It shall be unlawful to construct, install, repair, replace, improve, maintain, or alter any pavement, driveway, sidewalk, private or public street, or alley without having first secured a permit from the Village.
SECTION 16-3: APPLICATION
Applications for such permits shall be made to the Village, on a form to be provided by the Village, before beginning any such work. Each application shall include:
A plat or detailed drawing clearly showing the proposed improvements or the extent of repair;
The estimated cost of construction, and
The name of the person or entity performing the actual construction work.
SECTION 16-4: SIMPLE MAINTENANCE EXCEPTIONS
Simple maintenance activities on private improvements – such as crack filling and sealing-do not require a Village permit, provided they do not alter grades, expand the footprint, or impact the public right-of-way or drainage.
SECTION 16-5: WORK WITHIN STEPHENSON COUNTY HIGHWAY JURISDICTION
If the proposed work is within the jurisdiction or right-of-way of the Stephenson County Highway Department, the applicant must first obtain the required County utility/right-of-way permit. A copy of the issued County permit shall be submitted with the Village’s permit application. Issuance of a Village permit is contingent upon receipt of the County permit.
SECTION 16-6: WORK WITHIN THE ILLINOIS DEPARTMENT OF TRANSPORTATION (IDOT) JURISDICTION
If the proposed work is within the jurisdiction or right-of-way of the Illinois Department of Transportation, the applicant must first obtain the required IDOT utility/right-of-way permit. A copy of the issued IDOT permit shall be submitted with the Village’s permit application. Issuance of a Village permit is contingent upon receipt of the IDOT permit.
SECTION 16-7: JURISDICTION DETERMINATION
“Within the jurisdiction” includes any work located in, on, under, above, or affecting the right-of-way, access control limits, appurtenances, or facilities owned or controlled by the applicable roadway authority (Village, County, or IDOT). Where multiple jurisdictions apply, all required external permits must be obtained and provided to the Village before the Village will issue the permit.
SECTION 16-8: SPECIFICATIONS
All private and public streets, driveway approaches, and sidewalk pavement shall be installed and constructed in compliance with this Chapter.
SECTION 16-9: REPAIRS REQUIRED
All private and public street and alley pavements, driveway approaches, and sidewalks shall be maintained in good repair. Such repair work, whether performed by the Village or any other person, shall be done under the supervision of the Village Engineer or Street Department, or an authorized designee, and meet the standard requirements as described in Section 16-12 of this Article.
SECTION 16-10: SAFETY AND PROTECTION
Anyone installing, repairing, or excavating in a street, sidewalk, or other public area must use appropriate safety measures-such as flashing barricades, caution tape, snow fencing, or a combination of these-to protect people and vehicles from injury.
Any hazard, opening, or excavation in a public pavement or sidewalk must be clearly marked and secured using flashing barricades, caution tape, snow fencing, or other suitable barriers to prevent injury for as long as the condition remains.
SECTION 16-11: PERMIT FOR EXCAVATIONS REQUIRED
It shall be unlawful for any person to make any excavation within, open cut, tunnel under, auger, or perform horizontal boring of any public or private street or drive, alley, sidewalk, paved area, or other public place in the Village without having first secured a permit from the Village or an authorized designee.
Applications for such permits shall describe the intended location and purposes of the excavation, including the size of the excavation, trench, or directional boring.
Open cutting of a street is permitted only when horizontal boring or augering is determined by the Street Department or Village Engineer to be impractical. The applicant bears the burden of demonstrating this impracticality and must submit a written request for open-cut approval, including all supporting documentation, as part of the permit application or on a form provided by the Village. Whenever open cuts or excavation of pavement are made, restoration shall be made in accordance with the provisions of Section 16-12 of this Chapter.
SECTION 16-12: CLEANUP, REPAIR, AND RESTORATION
Within fourteen days after completion of all construction or maintenance performed under this Article, weather permitting, the permittee shall remove all excess material and restore all areas damaged or disturbed by such construction or maintenance.
Restoration of roadway surfaces shall be made using materials and methods approved by the Village. Required cleanup and repair may include backfilling, regrading, reseeding, re-sodding, driveway replacement (concrete, asphalt, or decorative), replacement of trees or other landscaping in accordance with the landscaping plans approved by the Village, or any other requirements to restore the right-of-way to a condition substantially equivalent to that which existed before commencement of the project.
If weather or other conditions do not permit the complete restoration the permittee shall, at its sole expense, temporarily restore the affected rights-of-way or property, and shall thereafter promptly undertake and complete the required permanent restoration when conditions allow.
SECTION 16-13: DRIVEWAYS, SIDEWALKS, AND PATIOS
It shall be unlawful to construct, repair, or modify any driveway apron, sidewalk within the public right‑of‑way, or other work that alters grades or drainage within the right‑of‑way without a Village permit. Applications shall include two copies of the plat of survey for the property (or a site sketch showing distances from property lines to the improvement).
Once plans have been permitted that clearly show the size, location, material, and cost of the proposed work, it shall be unlawful to depart from such approved plans without permission of the Village or its authorized designee.
All pedestrian facilities shall comply with ADA and PROWAG, including detectable warnings
and cross‑slope/longitudinal slope limits.
Brick or concrete pavers must be installed according to the manufacturer’s specifications.
It shall be the responsibility and obligation of the permittee or owner to:
(A) Provide airborne dust suppression using water or an alternative method during construction;
(B) Maintain the driveway apron in good condition and repair. “Driveway apron” means the portion of a driveway between the sidewalk and the edge of the public or private street. If no sidewalk exists, the driveway apron is the portion of a driveway between the public right-of-way line and the edge of the public street;
(C) Perform maintenance activities, such as crack filling and seal coating, which do not constitute an improvement to the property and are therefore exempt from any permit or fee;
(D) Not permit roof drainage to flow across the sidewalk.
SECTION 16-14: GRADE
(A) The Village Engineer shall establish the grades for all sidewalks, and the same shall conform, as nearly as may be possible to the grades of their respective streets. Where no permanent grade is established, the Street Superintendent may give a temporary grade.
(B) No person may construct or lay, or cause to be constructed or laid, any sidewalk where no grade has been established by the Village Engineer, or contrary to any grade given by the Village Engineer.
SECTION 16-15: INITIAL SIDEWALK CONSTRUCTION SPECIFICATIONS
(A) Residential sidewalks
(1) It shall be the responsibility of the lot owner or subdivision developer as applicable to construct the initial sidewalk across his or her property. When a sidewalk is in a state of disrepair the lot owner may replace the sidewalk transversing his or her property and seek reimbursement from the village for the cost of replacement. The village at its sole discretion may reimburse all or part of the cost of sidewalk replacement on a square foot basis as the Village Board shall provide by resolution. Lot owners may apply to the village for reimbursement of sidewalk replacement costs according to the formula set by the Village Board.
(2) The Village Clerk shall maintain a list of lot owners who have applied for reimbursement, such list to include the lot owner’s name, address and date of application to the village for reimbursement and square foot area of sidewalk are replaced. Reimbursements shall be made according to the order in which the applications were received and according to the amount of money allocated to this program in the village’s annual budget. Applications may carry over from year to year with reimbursements to be paid out in order of application. All sidewalks so repaired will be four feet wide and minimum of four inches deep, six-bag mix, and wire mesh. No reimbursement shall be made for sidewalks which are not replaced or constructed in accordance to village specifications and no reimbursement shall be made without verification of sidewalk replacement as represented on the lot owner’s application.
(B) Commercial sidewalks. It shall be the responsibility of the lot owner to construct and maintain any sidewalk across or serving a commercial property. However, the Village Board by resolution may enter sidewalks on a cost sharing basis. Alternatively, the village at its sole discretion and pursuant to resolution may competitively bid sidewalk replacement work or have its own employees install or replace sidewalk areas serving the general public on a cost sharing basis with the lot owner. The village shall determine the specifications for all sidewalk replacement which involves the expenditure of public funds whether such funds are expended directly or on a reimbursement basis. All commercial sidewalks shall be at least four feet wide, four inches deep, six- bag mix and wire mesh reinforced. No reimbursement shall be made for sidewalks which are not replaced or constructed in accordance to village specifications. For the purpose of this section, a COMMERCIAL SIDEWALK shall be defined as any sidewalk serving a private business entity which is used by the general public for access to the aforesaid entity.
SECTION 16-16: COST OF CONSTRUCTION
Where any owner of a lot or parcel of land adjoining any public street in the Village fails to construct a sidewalk along such lot or parcel of ground when required to do so by ordinance, the Village may construct such sidewalk and collect the costs of such construction by special taxation, special assessment, or any other method prescribed by law.
SECTION 16-17: NO PART TO BE TAKEN FOR PRIVATE USE
No part of any sidewalk shall be taken for private use by lowering, cutting down, or elevating the same next to the building fronting thereon, or by fencing or railing off the same, or otherwise shutting off the public from using the same, except as authorized by the Board of Trustees.
SECTION 16-18: PERMIT REQUIRED; APPLICATION; ACCOMPANIED BY PLAT OR SKETCH
(A) No person shall construct any private driveway entering on any public street or alley within the Village without having first obtained a permit therefore.
(B) Applications for such permits shall be made to the Village Clerk.
(C) No permit for construction of a driveway for commercial use, or for the habitual use of other than the owner or occupant of the premises served, shall be issued except upon the order of the Superintendent of Streets.
SECTION 16-19: REGULATIONS CONCERNING CURBING
No person shall have or maintain an entrance or driveway for vehicles from the paved streets or street into his or their premises, crossing the curbing. All such driveways from such streets into private premises shall be made by putting in curbing one each side of such driveway, with rounded corners, as at street intersections. All such driveways shall be constructed in accordance with standards and material prescribed by the Village.
SECTION 16-20: GRADE SURFACE
No driveway shall be so constructed or graded as to leave a step, sharp depression, or other obstruction in the sidewalk. The grade shall be as nearly as possible to the same as that of the adjoining sidewalk. It shall be unlawful to have the surface finish of any driveway where the same crosses the sidewalk constructed of such material as to render it slippery or dangerous, or hazardous to pedestrians, or to have the grade of such portion vary from the grade of the sidewalk, or be other than level.
SECTION 16-21: MATERIALS
Driveways across sidewalks shall be constructed of concrete or of such other materials as may be approved by the Superintendent of Streets.
SECTION 16-22 REPAIR
It shall be the duty of the person maintaining a driveway to keep the same in good repair where it crosses the sidewalk, and free from obstructions and openings.
SECTION 16-23: CURB AND GUTTER REPLACEMENT PROGRAM
At the request of any property owner who owns property within the corporate limits of the Village, the Village will investigate whether a particular property owner’s curb qualifies for the curb and gutter replacement program.
Upon written request of a property owner, the Village will undertake to do the following:
(A) A Village representative will inspect the curb and gutter and will determine if the curb and gutter qualifies for the replacement program.
(B) Upon approval, the property owner will coordinate with the Street Superintendent and the property owner’s contractor for removal of the existing curb and gutter at the expense of the Village, upon timely submission of an invoice to the Village by the property owner and/or property owner’s contractor.
(C) Thereafter, property owner shall promptly replace the curb and gutter with materials and methods approved by the Superintendent of Streets, at the sole cost of the property owner. The property owner is further responsible to replace dirt behind curbing and reseed any areas damaged by the removal and replacement of the curb and gutter.
(D) All work shall be contracted between the homeowner and contractor, and the Village shall not be responsible for contracting for any improvements under this curb and gutter program.
SECTION 16-24: PENALTY FOR VIOLATION
Any person who violates the requirements of this Article will be assessed a fine of between
$100.00 – $500.00. Each day that a violation is permitted to exist shall constitute a separate offense.
SECTIONS 16-25 THROUGH 16-28 RESERVED
ARTICLE III
RIGHT-OF-WAY USE RESTRICTIONS
SECTION 16-29: DAMAGE TO PAVEMENTS
It is unlawful to walk upon or drive any vehicle or animal upon or damage any newly placed street or sidewalk or alley pavement while the same is protected by a warning sign or barricade; or to knowingly damage any street, driveway apron, sidewalk, alley, or pavement area.
SECTION 16-30: OBSTRUCTIONS
No person shall place, cause, or maintain any obstruction within any street, alley, sidewalk, or other public way unless expressly authorized by the Village. “Obstruction” includes any object, structure, landscaping, or material that interferes with pedestrian travel, vehicle movement, visibility, drainage, snow removal, or Village maintenance activities.
(A) Permanent or semi-permanent landscaping features placed within the right-of-way, such as raised landscape planters, railroad ties, boulders, edging systems, or earthen berms.
(B) Any poles, pipes, posts, or similar structures installed without a permit, regardless of size or material.
(C) Precast concrete parking blocks or similar devices placed within the right-of-way.
(D) Any other object or material that creates a tripping hazard, limits sight distance, blocks drainage flow, or impedes public access or maintenance operations.
Temporary obstructions necessary for construction, utility work, or deliveries are permitted only when authorized by the Village and when properly barricaded and signed in accordance with MUTCD current standards.
SECTION 16-31: RECEIVING OR DELIVERING MERCHANDISE ON SIDEWALKS
No person while receiving or delivering goods, wares, or merchandise shall permit the same to remain on any sidewalk longer than is necessary to convey such item to or from the premises abutting such sidewalk, and for this purpose shall not occupy over four feet of the outer edge of the sidewalk in front of any building.
SECTION 16-32: PRIVATE USE
It is unlawful for any person, firm, or corporation to use any street, sidewalk, or other public place as space for the display of goods or merchandise for sale, or to write or make any sign or advertisements on any such street, sidewalk, or other public place, except as permitted under this Chapter.
SECTION 16-33: ENCROACHMENTS
It is unlawful to erect, build, construct, place, or maintain any building or structure which encroaches upon any public street, right-of-way, or public property except as may be specifically authorized by law or by the direction of the Village.
SECTION 16-34: DRAINS
It is unlawful to obstruct any drain, whether the ownership is public or private.
SECTION 16-35: POLES AND WIRES
It is unlawful to erect, construct, or place any poles or wires or maintain poles or wires over or under any public street, or other public way, without first securing permission from the Village.
SECTION 16-36: GAMES
It shall be unlawful to play any games upon any street, alley, or sidewalk or other public place, where such games cause unnecessary noise or interfere with traffic or pedestrians.
SECTION 16-37: EXCAVATIONS AND SCAFFOLDING
It is unlawful to construct or maintain any excavation, scaffold, ladder, or temporary obstruction in any public street, sidewalk, alley, right-of-way, or other public place without first securing permission from the Village. All permitted excavation or temporary obstructions shall be guarded by barricades, a suitable strong cover, or a railing.
SECTION 16-38: RAILROAD OBSTRUCTING STREET
(A) No railroad corporation nor its agent or employee shall block or obstruct any street by stopping on the tracks any train, railroad car, or locomotive engine for a period in excess of ten minutes, except when such train, railroad car, or locomotive engine cannot be moved by reason of circumstances over which the railroad corporation, its agent, or employee has no control.
(B) The Village shall have authority to order in emergency situations, that any train, railroad car, or locomotive engine be moved or separated to permit passage over the tracks. Any railroad corporation, its agent, or employee shall comply with this order.
(C) Any railroad corporation violating the provisions of this section shall be punished by a fine of not less than $100.00 nor more than $500.00 for each offense, and any engineer or conductor causing an obstruction in violation of the provisions of this section shall also be individually guilty of a violation and shall be punished by a fine of not less than $100.00 nor more than $500.00.
SECTIONS 16-39 THROUGH 16-41 RESERVED
ARTICLE IV
CONSTRUCTION OF UTILITY FACILITIES IN THE RIGHT-OF-WAY
SECTION 16-42: PURPOSE AND SCOPE
Purpose. To establish policies and procedures for constructing facilities on right-of-way within the Village’s jurisdiction, consistent with preserving the integrity, safe usage, and visual qualities of the Village right-of-way and the Village as a whole.
(A) Prevent interference with the use of streets, sidewalks, alleys, parkways, and public ways or other public ways;
(B) Prevent hazardous visual and physical obstructions to vehicular and pedestrian traffic;
(C) Prevent interference with Village utilities and other lawful utilities in the right-of-way;
(D) Protect against environmental damage, including damage to trees;
(E) Protect against increased stormwater run-off from impervious materials;
(F) Preserve open space, including tree-lined parkways;
(G) Prevent visual blight from the proliferation of facilities; and
(H) Assure the continued safe use and enjoyment of private properties adjacent to utility facilities locations.
SECTION 16-43: FACILITIES SUBJECT TO THIS ARTICLE
This Article applies to all facilities on, over, above, along, upon, under, across, or within the right-of-way within the jurisdiction of the Village. A facility lawfully established before the effective date of this Article may continue to be maintained, repaired, and operated by the utility as presently constructed and located, except as may be otherwise provided in any applicable franchise, license, or similar agreement.
SECTION 16-44: FRANCHISES, LICENSES, OR SIMILAR AGREEMENTS
The Village may require utilities to enter into a franchise, license, or similar agreement for the privilege of locating their facilities in the right-of-way, as limited by law. Utilities that are not required by law to enter into such an agreement may request one. The Village may provide for terms and conditions inconsistent with this Article in such an agreement.
SECTION 16-45: EFFECT OF FRANCHISES, LICENSES, OR SIMILAR AGREEMENTS
For utilities other than telecommunications providers, any franchise, license, or similar agreement shall govern during its term and any lawful renewal For telecommunications providers, the provisions of such agreement govern during its term and any lawful renewal where inconsistent with this Article.
SECTION 16-46: CONFLICTS WITH OTHER ARTICLES
This Article supersedes prior provisions in conflict herewith, to the extent of such conflict. Where federal and state laws or regulations conflict with this Article, the utility shall comply with this Article to the maximum extent possible without violating federal or state law.
SECTION 16-47: SOUND ENGINEERING JUDGMENT
The Village shall use sound engineering judgment when administering this Article and may vary standards, conditions, and requirements as determined appropriately to protect public health, safety, and welfare.
SECTION 16-48: DEFINITIONS
“AASHTO” – American Association of State Highway and Transportation Officials.
“ANSI” – American National Standards Institute.
“Applicant” – A person or utility applying for a permit under this Chapter.
“ASTM” – American Society for Testing and Materials.
“Backfill” – The methods or materials for replacing excavated material in a trench or pit (see IDOT Section 208).
“Bore” or “Boring” – To excavate an underground cylindrical cavity for the insertion of a pipe, electrical conductor, or conduit.
“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.
“Clear Zone” – The roadside border areas, starting at the edge of the pavement, available for safe use by errant vehicles, as specified by AASHTO.
“Coating” – Protective wrapping or mastic cover applied to buried pipe for protection against external corrosion.
“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 of facilities.
“Cover” – The depth of earth or backfill over a buried utility pipe or conductor. “Crossing Facility” – A facility that crosses one or more right-of-way lines.
“Disrupt the Right-of-Way” – Any work that obstructs or materially adversely affects the use of the right-of-way for its intended use.
“Emergency” – Immediate maintenance required for the safety of the public or to prevent service interruption.
“Encasement” – Provision of a protective casing. “Engineer” – The Village Engineer or his or her designee.
“Equipment” – Materials, tools, implements, supplies, and/or other items used to facilitate the 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 designation.
“Facility” – All structures, devices, objects, and materials located on, over, above, along, upon, under, across, or within rights-of-way under this Article.
“Freestanding Facility” – A facility that is not a crossing facility or a parallel facility, such as an antenna, transformer, pump, or meter station.
“Hazardous Materials” – Any substance or material determined by the Village Engineer to pose an unreasonable and imminent risk to the life, health, safety, property, or the environment.
“Highway” – A type of right-of-way used for vehicular traffic, including roads or streets and associated appurtenances.
“Highway Code” – The Illinois Highway Code, 605 ILCS 5/1-101 et seq., as amended. “Holder” – A person or entity authorized by the ICC to provide cable or video service. “ICC” – Illinois Commerce Commission.
“IDOT” – Illinois Department of Transportation.
“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.
“Occupancy” – The presence of facilities on, over, or under right-of-way.
“Parallel Facility” – A facility that is generally parallel and longitudinal to the centerline of a right-of-way.
“Parkway” – Any portion of the right-of-way not improved by street or sidewalk.
“Pavement Cut” – The removal of an area of pavement for access to a facility or for the construction of a facility.
“Permittee” – An entity to which a permit has been issued pursuant to Section 16-53 and 16-54.
“Practicable” – That which is performable, feasible, or possible, rather than merely convenient.
“Pressure” – Internal force acting radially against the walls of a carrier pipe expressed in pounds per square inch gauge (psig).
“Prompt” – Within a period of time specified by the Village; if none specified, within 30 days. “Public Entity” – A legal entity that constitutes or is part of the government, at any level.
“Restoration” – The repair of an area disrupted by the construction of a facility (See Section 16-70).
“Right-of-Way” or “Rights-of-Way”- Any street, alley, other land or waterway, commonly used for pedestrian or vehicular traffic or other similar purposes, including utility easements, in which the Village may regulate facilities.
“Roadway” – That part of the highway that includes the pavement and shoulders. “Security Fund” – That amount of security required pursuant to Section 16-58.
“Shoulder” – A width of roadway adjacent to the pavement providing lateral support and an area for emergency stops and snow storage.
“Sound Engineering Judgment” – A decision consistent with accepted engineering principles, practices, and experience.
“Telecommunications” – Messages or information transmitted by electronic means between points by wire, cable, fiber, microwave, radio, satellite, or similar facilities, excluding value-added services and cable services.
“Telecommunications Provider” – Any person that installs, owns, operates, or controls facilities in the right-of-way used transmit telecommunications.
“Telecommunications Retailer” – Any person engaged in making sales of telecommunications at retail.
“Trench” – A relatively narrow open excavation for installing an underground facility. “Utility” – The individual or entity owning or operating any facility as defined in this Article.
“Vent” – A pipe to allow the dissipation into the atmosphere of gases or vapors from an underground casing.
“Video Service” – As defined in 220 ILCS 5/21-201(v). “Village” – The Village of Lena.
“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.
SECTION 16-49: PERMIT REQUIRED: APPLICATIONS AND FEES
Permit Required. No person shall construct any facility in the Village right-of-way that changes locations, adds a new facility, disrupts the right-of-way, or materially increases the space occupied by the facility without filing an application and obtaining a permit, 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.
Permit Application. All applications shall be filed on a form provided by the Village in the number of copies designated by the Village. The applicant may designate proprietary or confidential information by clearly marking each page accordingly.
Minimum General Application Requirements. The application shall be made by the utility or its duly authorized representative and shall include:
(A) The utility’s name, address, and telephone numbers;
(B) The applicant’s name and address (if different), telephone, email, and interest in the work;
(C) The names and contact information of professional consultants advising the applicant, if any;
(D) A general description of the proposed work and intended use of the facility;
(E) A written traffic control plan demonstrating the protective measures consistent with the MUTCD; and an emergency contingency addressing construction and hazardous materials emergencies and notifications to the Village;
(F) Drawings, plans, and specifications showing the work proposed, including certification by an Engineer that they comply with applicable codes;
(G) Evidence of insurance as required in Article 16-56;
(H) Evidence of posting of the Security Fund as required in Article 16-58.
(I) Any request for a variance (See Article 16-72); and
(J) Such additional information as may be reasonably required by the Village.
SECTION 16-50: SUPPLEMENTAL APPLICATION REQUIREMENTS FOR SPECIFIC TYPES OF UTILITIES. AS APPLICABLE:
(A) New electric power, communications, telecommunications, cable television, video service, or natural gas distribution system: evidence of any required ICC authorization;
(B) Natural gas systems; proposed pipe size, design, construction class, and operating pressures;
(C) Water lines: Evidence that all Illinois Environmental Protection Agency, Division of Public Water Supplies, requirements have been satisfied;
(D) Sewer line installations: Evidence that (IEPA) Division of Water Pollution Control, the Village Sewer Department (and any other authority with jurisdiction), have been satisfied;
(E) Petroleum products pipelines: type of product(s), pipe size, maximum working pressure, and applicable design pressure.
SECTION 16-51: APPLICANT’S DUTY TO UPDATE INFORMATION
Throughout the entire permit application review and construction period, amendments to application information shall be submitted to the Village within 30 days after the change.
SECTION 16-52: APPLICATION FEES
Unless otherwise provided by franchise, license, or similar agreement, all applications shall be accompanied by a fee of $350.00. No application fee is required from any electricity utility that pays the municipal electricity infrastructure maintenance fee under the Electricity Infrastructure Maintenance Fee Act.
All excavation activities performed under this Article shall also comply with the permit requirements of Section 16-11.
SECTION 16-53: ACTION ON PERMIT APPLICATIONS
Completeness Review. The Village shall determine whether the submission is complete. An application is not considered filed until all required information has been submitted. A complete application includes, at a minimum:
(A) Description of the proposed work;
(B) Scaled plan drawings showing the horizontal and vertical locations, depths, dimensions, and offsets of the proposed facilities;
(C) MUTCD-compliant traffic control plan;
(D) Construction schedule, including anticipated start date, duration, and restoration timeline;
(E) Evidence of utility locate request (J.U.L.I.E. ticket number);
(F) 24-hour emergency contact information;
(G) Proof of insurance and security fund as required under Sections 16-56 and 16-58;
(H) Any additional information required by the Village Engineer.
If the application is incomplete, the Village shall notify the applicant of missing items and suspend review until all required information is provided.
Technical Review and Decision. After an application is deemed complete, the Village Engineer, or designee, shall conduct a technical review and approve, approve with conditions, or deny the permit based on compliance with this Article and Article 16-11, applicable standards, protection of health and safety, avoidance of utility conflicts, and the applicant’s past performance.
Conditions of Approval. May include work hours and sequencing, traffic control, restoration or material standards, coordination with other utilities or Village projects, and requirements for inspection, testing, or on-site presence of Village personnel.
Permit Denial. A permit may be denied for noncompliance, conflicts with existing or planned infrastructure, public hazards, unreasonable disruption of traffic or access, or outstanding violations or non-compliance by the applicant.
Notice of Decision. The Village shall provide written notice of approval, conditional approval, or denial with reasons and steps to cure deficiencies.
Effect of Approval. Approval authorizes only the work described in the approved permit and does not relieve the permittee from obtaining other required permits or approvals. All excavations must comply with Section 16-11.
SECTION 16-54: EFFECT OF PERMIT
Authority Granted – A permit authorizes only specified activities in the right-of-way and does not create a property right or grant authority to impinge upon the rights of others. No permit is valid for a period longer than six months unless construction has actually begun within that period and is diligently pursued. The issuance of a permit does not excuse compliance with other applicable requirements.
SECTION 16-55: REVISED DRAWINGS
If the actual locations of any facilities deviate materially from the approved plans, the permittee shall submit revised drawings to the Village within 90 days after completion. Any deviation that does not conform to this Article shall be treated as a variance request under Section 16-72. If denied, the permittee shall remove or modify the facility to conform and submit revised drawings.
SECTION 16-56: INSURANCE
Required Coverages and Limits (naming the Village, its officers, officials, agents, and employees as additional insureds):
(A) Commercial General Liability (including XCU hazards and completed operations):
$5,000,000 per person (bodily injury or death), $5,000,000 property damage per accident, $5,000,000 for all other liabilities;
(B) Automobile Liability (owned, non-owned, hired): $1,000,000 combined single limit per accident
(C) Workers’ Compensation: Statutory limits;
(D) Employer’s Liability: $1,000,000 per employee/per accident
Contractors and subcontractors must carry the same coverage if not provided by the utility.
Policy Standards. Excess/Umbrella coverage may satisfy required limits if true following-form coverage; insurers must be authorized in Illinois and rated at least A- / Class X by A.M. Best. Policies must provide 30 days’ prior written notice of cancellation or non-renewal to the Village President; replacement coverage must be provided within 10 days of cancellation notice.
Documentation: Utilities shall provide copies of policies upon written request within 10 days; a certificate naming the Village as additional insured must be submitted before permit issuance; all insurance must remain in effect during construction and any period of occupancy.
Self-Insurance: A utility may self-insure all or part of the required coverage if it demonstrates financial ability to do so (e.g., proof of status as a private self-insurer under the Workers’ Compensation Act). For the self-insured portion, naming the Village as additional insured is not required.
Effect of Insurance or Self-Insurance on Liability: The utility’s legal liability to the Village is
not limited by the insurance policy limits or by any amounts paid.
SECTION 16-57: INDEMNIFICATION
By occupying or constructing facilities in the right-of-way, a utility agrees to defend, indemnify and hold the Village and its elected and appointed officials and officers, employees, agents and representatives harmless from claims arising out of the negligent, careless, or wrongful acts or omissions of the utility or its affiliates, officers, employees, agents, contractors, or subcontractors, except to the extent arising from the Village’s negligence, misconduct, or breach of this Article.
SECTION 16-58: SECURITY
Purpose. The permittee shall establish and maintain a Security Fund to guarantee performance, reimburse the Village for damages or costs due to non-compliance, pay liens and claims, and cover other amounts owed to the Village.
Form of Security. The Security Fund shall be provided as a cash deposit, surety bond, or unconditional letter of credit acceptable to the Village. Such instruments shall not be cancellable without prior notice to the Village, shall not require permittee consent for draws, and shall be drawable at allocation within Illinois.
Amount. The amount shall equal the Village Engineer’s estimate of restoration costs plus directly related costs if the permittee fails to complete restoration. For phased projects, a single fund may be allowed equal to the largest single-phase requirement.
Withdrawals. After 14 days’ written notice, the Village may withdraw funds if the permittee fails to make required payments, pay liens, reimburse damages, or comply with provisions correctable by expenditure of Security Fund monies.
Replenishment. Within 14 days after notice of withdrawal, the permittee shall restore the Security Fund to the required amount.
Interest. The permittee may request, in writing, the return of any accrued interest on the Security Fund, provided such withdrawal does not reduce the Fund below the required minimum.
Return of Security. Upon completion and final restoration, the remaining balance of the Security Fund shall be returned to the permittee within 30 days, less than the amount necessary to cover costs or damages. If a permit is revoked, the fund becomes Village property to the extent necessary to cover costs, with surplus refunded.
Rights Not Limited. Village rights regarding the Security Fund are in addition to other legal or ordinance remedies. The Village may not collect more than the total monetary damages incurred.
SECTION 16-59: PERMIT SUSPENSION AND REVOCATION
The Village may revoke or suspend a permit for fraudulent or materially incomplete application statements, non-compliance, threats to public health and safety, or failure to construct in accordance with the permit and approved plans. Written notice shall be provided stating reasons and alternatives. Upon notice, the permittee may: (1) show cause;
(2) immediately correct deficiencies; (3) remove facilities and restore the right-of-way. The Village may issue a stop-work order. If the permittee fails to comply, the Village may correct deficiencies, remove facilities after notice, or deem them abandoned after notice. The permittee is liable for removal costs.
SECTION 16-60: CHANGE OF OWNERSHIP OR LEGAL STATUS
A utility shall notify the Village at least thirty days before transfer of ownership of any facility in the right-of-way or change in identity. The new owner assumes all obligations and privileges. The new owner shall request that any current permit be amended to show current ownership, and all required insurance or bonding must be updated accordingly.
SECTION 16-61: GENERAL CONSTRUCTION STANDARDS
All construction activities within the public right-of-way shall conform to this Article and accepted engineering and safety practices. Construction shall comply with applicable Village ordinances and current IDOT publications, including Standard Specifications for Road and Bridge Construction, current edition; Supplemental Specifications and Recurring Special Provisions; Highway Design Manual; Highway Standards; Standard Specifications
for Traffic Control Items; Illinois MUTCD, current edition; Flagger’s Handbook; Work Site Protection Manual for Daylight Maintenance Operations; and Standard Specifications for Water and Sewer Construction in Illinois, current edition. Where conflicts exist, the Village Engineer shall determine the applicable standard using sound engineering judgement.
SECTION 16-62: TRAFFIC CONTROL
Minimum Requirements. The Village’s minimum requirements for traffic protection are contained in the Illinois MUTCD and this Section.
Warning Signs, Protective Devices, and Flaggers. The utility is responsible for providing and installing warning signs, protective devices, and flaggers.
Interference with Traffic. All work shall be phased to minimize interference with traffic.
Notice When Access is Blocked. At least 48-hours hours before beginning work that will partially or completely block access to any residence, business, or institution, the utility shall notify the affected party of the approximate beginning time and duration; in emergencies (See Section 16-71), notice shall be provided as practicable.
Compliance. The utility shall immediately correct any traffic protection deficiencies brought to its attention by the Village.
SECTION 16-63 LOCATION OF FACILITIES
General Requirements. No facility shall be placed in a location that requires relocation of Village utilities or interferes with their operation or maintenance; horizontal clearance parallel to a Village utility shall be at least 4 feet; vertical clearance when crossing a Village utility shall be at least 1 foot; installations shall minimize interference with right-of-way use and with adjoining property owners; facilities shall not interfere with usual travel or limit visibility; and installations shall use the smallest suitable vaults, boxes, pedestals, cabinets, or enclosures.
Parallel Facilities within Local Streets and Highways.
(A) Overhead: lines as near as practicable to the right-of-way line; poles at least 2 feet behind curb (curbed) or at least 4 feet outside the outer shoulder (uncurbed) and outside the clear zone; no poles in ditch lines; appurtenances within 1 foot of right-of-way line.
(B) Underground: located near the right-of-way line and not more than 8 feet from it; under-pavement location only if other locations are impracticable; for power/communication lines, locate within 5 feet of the right-of-way line with above-ground appurtenances within 1 foot of it.
SECTION 16-64: FACILITIES CROSSING LOCAL STREET OR HIGHWAYS
(A) Design may require encasement or additional cover to avoid settlement or future roadbed repairs;
(B) No location within culverts or drainage facilities;
(C) Cross at or near 90 degrees to roadway centerline;
(D) Overhead power/communication: meet ICC clearance rules; poles within 1 foot of right-of-way line and outside clear zone; avoid overhead crossings at major intersections;
(E) Underground power/communication: design for maximum maintenance-free service life and provide capacity for foreseeable expansion;
(F) Markers: the Village may require markers at right-of-way lines for certain underground facilities (49 C.F.R. §192.707).
The Village may require that facilities be located within particular rights-of-way that are not streets or highways.
Freestanding Facilities: the Village may restrict location and size; such facilities shall be located underground to the greatest extent possible or be substantially screened from view by landscaping approved by the Village Engineer; location shall minimize interference and not limit visibility; owners shall comply with reasonable location and screening requests.
Above-Ground Facilities: permitted only if no other facilities in the area are underground, underground installation is not technically feasible, and the design/materials protect aesthetic qualities without adversely affecting safety; use existing poles and light standards wherever practicable.
Appearance Standards: The Village may prohibit installations to preserve visual quality; construction shall avoid extensive removal or alteration of trees or visible terrain features and shall not impair aesthetic quality.
SECTION 16-65: CONSTRUCTION METHODS AND MATERIALS
Boring or Jacking: pits shall be located at a minimum distance specified by the Village Engineer; excavate no more than 48 hours in advance and backfill within 48 hours after completion; protect open pits with barricades; provide adequate shoring. Wet boring or jetting is not permitted under the roadway. Boring ˃ 6 inches shall use an auger and the following pipe (auger diameter no more than 1 inch larger than the following pipe). Boring
≤ 6 inches may use jacking, guided auger, or auger and the following pipe. Boring under tree drip lines shall avoid root damage.
Trenching: Shall comply with IDOT Standard Specifications (Section 603). Limit open trench length to the practical minimum; no more than one-half of any intersection may have an open trench at a time unless specially permitted. Protect open trench and excavated material per the Illinois MUTCD. Keep excavated material off paved surfaces; if right-of-way width is insufficient, haul material off-site. Do not trench within the drip line of protected trees.
Backfilling: Backfill pits, trenches, and excavations for their full width, depth, and length per IDOT Standard Specifications. Use suitable granular backfill when excavated material is unsuitable or hauled away. For three years after construction, the utility is responsible for removing and restoring any backfilled area that settles; upon order of the Engineer, remove pavement and backfill to the top of the facility, place and compact new backfill, and restore pavement, sidewalks, curbs, and driveways to proper grades.
Pavement Cuts: Permitted only if the roadway is closed to traffic unless a variance is granted under Section 16-72. Any excavation under or within 2 feet of pavement shall be backfilled and compacted as soon as practicable with CA-6 or CA-10 granular material, as designated by the Village Engineer. Restore pavement in kind as soon as practicable and provide immediate temporary repair with bituminous mixture; upon failure, rebuild upon Village notification. All saw cuts shall be full depth. For pavements reconstructed with a concrete surface/base in the last 7 years or resurfaced in the last 3 years, permits shall not be issued unless the work is an emergency repair or necessary and unforeseen before the reconstruction, or unless a pavement cut is necessary for a J.U.L.I.E. locate.
Encasement: Casing shall be designed for roadway and superimposed loads; vents, if any, shall extend to within 1 foot of the right-of-way line (no above-ground vents in the clear zone). Water main/service crossings shall be cased unless water main quality pipe is used; Gas pipelines ≤ 60 psig may eliminate encasement; ˃ 60 psig may eliminate encasement only with extra-heavy pipe and cathodic protection. If encasement is eliminated, construction shall not disrupt the right-of-way.
SECTION 16-66: MINIMUM COVER OF UNDERGROUND FACILITIES
Cover shall be provided and maintained at least in the amount specified in the following table for minimum cover for the type of facility:
TYPE OF FACILITY
MINIMAL COVER
Electric Lines
30 inches
Communication, Cable, or Video Service Lines
18 – 24 inches
Gas
30 inches
Water Line
Sufficient cover to provide freeze protection. (5.5 feet minimum)
Sanitary Line
Sufficient cover to provide freeze protection. (5.0 feet minimum)
Storm Line
Varies
SECTION 16-67: STANDARDS AND REQUIREMENTS FOR PARTICULAR TYPES OF FACILITIES
Electric Power or Communication Lines: Comply with 83 lll. Adm. Code Part 305 and the National Electrical Safety Code. Overhead lines should use signal-pole construction and favor joint use of poles; guy wires shall be avoided where feasible and, if used, equipped with guards. Underground installations may be trenched or plowed; consider boring to
minimize damage at entrances/side roads. If crossings are installed by boring or jacking, provide encasement between pits unless eliminated due to approved methods or before roadway construction. Cable shall be grounded per the National Electrical Safety Code. Bury temporary service drops place November 1 – March 15 by March 31 (weather permitting); other temporary drops within 10 business days (weather permitting).
Underground Facilities Other than Electrical/Communication: May be installed by earth-compression methods (moles/whip augers), jacking/boring with vented encasement, open trench with vented encasement before roadway construction, or tunneling with vented encasement when other methods are not possible.
Gas Transmission, Distribution and Service: Comply with 49 C.F.R. Part 192, IDOT Standard Specifications, and other applicable regulations.
Petroleum Products Pipelines: Comply with ANSI B31.4 (Liquid Petroleum Transportation Piping Systems).
Water, Sanitary Sewer, Storm Sewer, and Drainage Lines: Meet or exceed the Standard Specifications for Water and Sewer Construction in Illinois, current edition.
Ground-mounted Appurtenances: Provide a vegetation-free area extending 1 foot beyond the appurtenance in all directions (or approved shrubbery). Housings shall be painted a neutral color to blend with the surroundings.
SECTION 16-68: MATERIALS AND OPERATIONAL RESTRICTIONS
Materials shall meet accepted industry standards, applicable IDOT Standard Specifications, ICC requirements, and other applicable standards. No material shall be stored on the right-of-way without prior written approval. If permitted, distribute materials to minimize hazards and obstruction. Plans shall identify any hazardous materials involved in the construction or removal of facilities.
Operation Restrictions: The Village may discontinue or restrict construction operations when they create hazards or would result in extensive damage to the right-of-way or other property. These restrictions may be waived by the Village Engineer for emergency work required to restore vital utility services. Unless otherwise permitted by the Village, construction hours shall be as outlined in the permit conditions or relevant sections of the Village Ordinance.
Location of Existing Facilities: Utilities shall contact J.U.L.I.E. to ascertain the presence and location of existing facilities. Upon notification, a utility shall locate and physically mark underground facilities within forty-eight hours (excluding weekends and holidays) in accordance with the Illinois Underground Utility Facilities Damage Prevention Act (220 ILCS 50/1 et seq.). The Village will make its permit records available for identifying possible facilities.
SECTION 16-69: REMOVAL, RELOCATION, OR MODIFICATIONS OF FACILITIES
Upon ninety days’ written notice, a utility shall, at its own expense, protect, support, temporarily or permanently disconnect, remove, relocate, change, or alter facilities within the right-of-way when reasonably necessary for Village construction, repair, maintenance, or operations.
Removal of Unauthorized Facilities: Within thirty days after notice, any utility that owns or controls any unauthorized facility shall remove it at its expense. A facility is unauthorized if installed without required approvals or at an unpermitted location, or after expiration/termination of a franchise or license, unless otherwise permitted by law.
Emergency Removal or Relocation: The Village may cut or move facilities in response to public health or safety emergencies, with notice to the utility when practicable.
Abandonment: Upon abandonment, the utility shall notify the Village within ninety days. The Village may direct removal if in the public interest; otherwise, notice of abandonment constitutes consent to alteration or removal by others.
SECTION 16-70: CLEAN-UP AND RESTORATION
Within fourteen days after the right-of-way is disturbed, damaged, or destroyed due to construction or maintenance, the utility shall remove excess materials and restore turf, terrain, and other property to the satisfaction of the Village. Restoration includes entrances and side roads and shall use materials and methods approved by the Village Engineer. The Village may extend deadlines for good cause.
SECTION 16-71: MAINTENANCE AND EMERGENCY MAINTENANCE
All facilities within the right-of-way shall be maintained by the utility at its expense in a condition satisfactory to the Village.
Emergency Conditions: In emergencies creating a hazard on the traveled portion of the right-of-way, the utility shall immediately install appropriate traffic protection (signs, lights, barricades, and/or flaggers). If equipment must be parked on the shoulder, adequate traffic control must be provided. Notify the Village as soon as possible, including a description of the emergency, safety measures, and anticipated repairs—complete repairs as quickly as practicable with minimal disruption. Within 48 hours after emergency work, file a written description of repairs with the Village.
SECTION 16-72: VARIANCES
A utility requesting a variance shall do so in writing as part of the permit application, identifying each provision and the reasons. The Village will decide on an individual basis and may impose reasonable conditions. A variance may be authorized only upon a showing of special hardship due to conditions not under the utility’s control and that conforming alternatives are impracticable. An aggrieved utility may appeal to the Village Board by filing with the Village Clerk within thirty days; the Board shall commence consideration at the next regularly scheduled meeting at least seven days after filing and shall decide the appeal within a reasonable time.
SECTION 16-73: PENALTIES
Any person who violates or refuses to comply with any provision of this Article is subject to a fine in accordance with the penalty provisions of this Code. Unless another cost allocation is appropriate, the utility shall bear the Village’s costs of damages and its costs of installing, maintaining, modifying, relocating, or removing the facility that is the subject of the permit. Sanctions may be imposed on a utility that does not pay the costs apportioned to it.
SECTION 16-74: ENFORCEMENT
Nothing in this Chapter shall be construed as limiting any additional or further remedies that the Village may have for the enforcement of this Chapter.
SECTION 16-75: SEVERABILITY
If any part of this Article is held invalid or unconstitutional, such portion shall be deemed separate and independent, and the validity of the remaining portions shall not be affected.
ARTICLE V
RESERVED
SECTIONS 16-76 THROUGH 16-80 RESERVED
ARTICLE VI
SNOW & ICE REMOVAL
SECTION 16-81: SIDEWALKS TO BE KEPT FREE FROM SNOW AND ICE
Every owner, lessee, tenant, occupant, or other person having charge or control of any premises shall, within 12 hours after the abatement of any storm during which snow or ice may have accumulated, clear the sidewalks adjoining or abutting such premises and keep them conveniently free therefrom. If snow/ice is so congealed as to be removed only with difficulty or injury to the sidewalk, it shall be treated with sand, salt, or other melting substance.
SECTION 16-82: WIDTH OF SPACE
If the sidewalk exceeds five feet in width, it is not necessary to remove snow and ice from a space wider than five feet.
SECTION 16-83: DEPOSIT OF SNOW OR ICE UPON STREETS
No person or entity shall plow or remove snow or ice from any property and deposit it upon any street or highway, or along the shoulder or edge of any street, alley, or highway, within the Village.
SECTION 16-84: PENALTY FOR VIOLATION
Any person or entity violating the provisions of this chapter shall be fined $100.00 –
$500.00. Reference shall be made to Chapter 16 – Fees.
ARTICLE VII
SERVICE CONNECTIONS UNDER STREETS
SECTION16-85: SERVICE CONNECTIONS
Service connections on improved streets shall use trenchless methods consistent with Section 16-11 and Section 16-65. Open cuts are permitted only as authorized under those sections or during emergencies, subject to Section 16-71.
Service connections constitute excavations and require permits under Sections 16-11 and 16-49 – 16-54.
Security and indemnification for service connections shall comply with Sections 16-57 and 16-58.
All work, cleanup, and restoration shall comply with Sections 16-12, 16-65, and 16-60.
SECTION 16-86: PENALTY FOR VIOLATION
Violations are subject to the penalties in Section 16-73 and, as applicable, Section 16-24.
ARTICLE VIII
ROADSIDE MEMORIALS
SECTION 16-87: RESERVED.
