O-12-27VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0-12-27
AN ORDINANCE AMENDING ARTICLE 9 OF CHAPTER 19 OF
THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD TO
ESTABLISH STANDARDS FOR THE CONSTRUCTION OF
FACILITIES ON THE PUBLIC RIGHTS -OF -WAY
PASSED AND APPROVED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF DEERFIELD, LAKE
AND COOK COUNTIES, ILLINOIS, this
2nd day of .Tt, i y , 2012.
Published in pamphlet form
by authority of the President
and Board of Trustees of the
Village of Deerfield, Lake and
Cook Counties, Illinois, this
2nd day of July , 2012.
VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0 -12 -27
AN ORDINANCE AMENDING ARTICLE 9 OF CHAPTER 19 OF
THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD TO
ESTABLISH STANDARDS FOR THE CONSTRUCTION OF
FACILITIES ON THE PUBLIC RIGHTS -OF -WAY
WHEREAS, the Village of Deerfield (the "Village ") is a home rule municipality
pursuant to Article 7, Section 6 of the Constitution of the State of Illinois of 1970; and
WHEREAS, the Village has the authority to adopt ordinances and to promulgate rules
and regulations governing the use of public rights -of -ways and that protect the public health,
safety, and welfare of its citizens; and
WHEREAS, the Village of Deerfield uses the public rights -of -way within its corporate
limits to provide essential public services to its residents and businesses, including 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 Village of Deerfield; 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 Village of Deerfield; and
WHEREAS, these regulatory and technological changes have resulted in demands for
access to and use of the public rights -of -way in the Village of Deerfield as service providers,
particularly in the video and communications services, attempt to provide new or additional
services to compete with incumbent service providers; and
Page 1 of 39 June 12, 2012
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 Village of Deerfield; and
WHEREAS, the public rights -of -way within the Village of Deerfield are a limited public
resource held in trust by the Village of Deerfield for the benefit of its citizens and the Village of
Deerfield 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
WHEREAS, the corporate authorities of the Village of Deerfield 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 Village of Deerfield 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
Village of Deerfield 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
Village of Deerfield'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: (i) provisions of the Illinois
Municipal Code, 65 ILCS 5/1 -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
thereof; (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 511 -101 et seq.; (iv) the
Simplified Municipal Telecommunications Tax Act, 35 ILCS 636/1 et seq.; (v) the Cable and
Video Competition Law of 2007, 220 ILCS 5/21 -100 et seq.; and, (vi) the home rule powers of
the Village; and
WHEREAS, this Ordinance establishes generally applicable standards for construction
on, over, above, along, upon, under, across, or within, use of and repair of, the public right -of-
way; and
WHEREAS, in the enactment of this ordinance, the Village has considered a variety of
standards for construction on, over, above, along, under, across, or within, use of and repair of
the public right -of -way, including, but not limited to, the standards relating to Accommodation of
Utilities on Right -of -Way of the Illinois State Highway System promulgated by the Illinois
Department of Transportation and found at 92 Ill. Adm. Code § 530.10 et seq.;
Page 2 of 39 June 12, 2012
WHEREAS, the Village hereby finds that it is in the best interest of the Village, the
public and the utilities using the public rights -of -way to establish a comprehensive set of
construction standards and requirements to achieve various beneficial goals, including, without
limitation, enhancing the planning of new utility facilities; minimizing interference with, and
damage to, rights -of -way and the streets, sidewalks, and other structures and improvements
located in, on, over and above the rights -of -way; and reducing costs and expenses to the public;
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS,
in the exercise of its home rule powers, as follows:
SECTION 1: The above and foregoing recitals, being material to this Ordinance, are
hereby incorporated and made a part hereof as if fully set forth herein.
SECTION 2: That Chapter 19 "Street Division" of the Municipal Code of the Village
of Deerfield be and the same is hereby amended to repeal existing Article 9 thereof, and to adopt
a new Article 9 entitled "Construction of Utility Facilities in the Rights -of -Way" reading as
follows:
ARTICLE 9. CONSTRUCTION OF UTILITY FACILITIES
IN THE PUBLIC RIGHTS -OF -WAY
Sec. 19 -64. Purpose and Scope.
(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) Intent. In enacting this Article, the Village of Deerfield intends to exercise its
authority over the rights -of -way in the Village of Deerfield 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 Village of
Deerfield's utilities and of other utilities lawfully located in rights -of -way
or public property;
Page 3 of 39 June 12, 2012
(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 Village of Deerfield'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 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. A facility lawfully established prior to 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. This Article shall not apply to any facilities
constructed by others to be owned by the Village.
(d) Franchises, Licenses, or Similar Agreements. The Village, in its discretion and as
limited by law, may require utilities to enter into a franchise, license or similar agreement
for the privilege of locating their facilities on, over, above, along, upon, under, across, or
within the Village rights -of -way. Utilities that are not required by law to enter into such
an agreement may request that the Village enter into such an agreement. In such an
agreement, the Village may provide for terms and conditions inconsistent with this
Article.
(e) Effect of Franchises, Licenses, or Similar Agreements.
(1) Telecommunications Providers. In the event of any conflict with, or
inconsistency between, the provisions of this Article and the provisions of any
franchise, license or similar agreement between the Village and any
telecommunications provider, the provisions of such franchise, license or similar
agreement shall govern and control during the term of such agreement and any
lawful renewal or extension thereof.
Page 4 of 39 June 12, 2012
(2) Utilities Other Than Telecommunications Providers. In the event that a
utility other than a telecommunications provider has a franchise, license or similar
agreement with the Village, such franchise, license or similar agreement shall
govern and control during the term of such agreement and any lawful renewal or
extension thereof.
(f) Conflicts with Other Ordinances. This Article supersedes all ordinances or parts
of ordinances 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 Article, the utility shall
comply with the requirements of this Article to the maximum extent possible without
violating federal or State laws or regulations.
(h) 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. 19-65. Definitions.
As used in this Article and unless the context clearly requires otherwise, the words
and terms listed shall have the meanings ascribed to them in this Section. Any term not
defined in this Section shall have the meaning ascribed to it in 92 Ill. Adm. Code §
530.30, unless the context clearly requires otherwise.
"AASHTO" — American Association of State Highway and Transportation Officials.
"ANSI" — American National Standards Institute.
"Applicant" — A person applying for a permit under this Article.
"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).
Page 5 of 39 June 12, 2012
"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.
"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 Village of Deerfield and ordinances enacted by the
Village of Deerfield.
"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 and Engineering" — The Director of the Village of Deerfield
Department of Engineering and Public Works, or his/her designee.
"Disrupt the Right -of -Way" — For the purposes of this Article, any work that obstructs the
right -of -way or causes an adverse effect on the ability of persons, other companies with
facilities in the right -of -way, or vehicles to use the right -of -way for its intended use or
which may damage, destroy or injure vegetation in the right -of -way. Such work shall
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, but shall not include the
Page 6 of 39 June 12, 2012
parking of vehicles or equipment in a manner that does not materially obstruct the flow of
traffic on a road.
"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 Village Engineer or his/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, communications and video cables and
wires, poles, conduits, grates, covers, pipes, cables, vaults, boxes, cabinets and other
equipment enclosures, power pedestals and appurtenances thereto located on, over,
above, along, upon, under, across, or within rights -of -way under this Article, but
excepting therefrom all structures, devices, objects or materials owned by the Village.
"Freestanding Facility" — A facility that is not a crossing facility or a parallel facility, such
as, but not limited to, vaults, boxes, cabinets, equipment enclosures, antennas,
transformers, pumps, or meter stations.
"Frontage Road" — A roadway, usually parallel, providing access to land adjacent to the
highway where access to the land is precluded by control of access on the highway.
"Hazardous Materials" Any substance or material which, due to its quantity, form,
concentration, location, or other characteristics, is determined by the Village 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.
Page 7 of 39 June 12, 2012
"Holder" — A person or entity that has received authorization to offer or provide cable or
video service from the Illinois Commerce Commission (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 roads.
"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 Section 19 -67
and 19 -68 of this Article.
"Practicable" — That which is performable, feasible or possible, rather than that which is
simply convenient.
"Pressure" — The internal force acting radically 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.
Page 8 of 39 ]use 12, 2012
"Prompt" — That which is done within a period of time specified by the Village. If no
time period is specified, the period shall be 30 days.
"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, roadway or 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" or "Rights -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" — That part of the right -of -way 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 19 -73.
"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.
"Standard Specifications" — Most recently adopted version of IDOT standard
specifications for road and bridge construction.
"Telecommunications" — This term includes, but is not limited to, messages or
information transmitted through use of local, toll, and wide area telephone service,
channel services, telegraph services, teletypewriter service, computer exchange service,
private line services, specialized mobile radio services, cellular mobile
telecommunications services, stationary two -way radio service, paging service or any
Page 9 of 39 June 12, 2012
other form of commercial 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. For purposes of this definition, "Private Line" means a dedicated non-
traffic sensitive service for a single 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. 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. 76.1550 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
Article.
"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)
"Village" — The Village of Deerfield, Illinois.
"Village's Design Manual" — The Village of Deerfield's construction specifications and
requirements embodied in a booklet or manual.
"Water Lines" — Pipelines carrying raw or potable water.
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"Wet Boring" — Boring using water under pressure at the cutting auger to soften the earth
and to provide a sluice for the excavated material.
Sec. 19 -66. Annual Registration Required.
Every utility that occupies right -of -way within the Village shall register on January 1 of
each year with the Director of Public Works and Engineering, or designee, 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 19 -71 of
this Article, in the form of a certificate of insurance.
Sec. 19-67. Permit Required; Applications and Fees.
(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 Engineering 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 electronically. 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:
(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 of all
professional consultants, if any, advising the applicant with respect to the
application;
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(4) A general description of the proposed work and the purposes and intent of
the facility and the uses to which the facility will be put. The scope and detail of
such description shall be appropriate to the nature and character of the work to be
performed, with special emphasis on those matters likely to be affected or
impacted by the work proposed;
(5) Evidence that the utility has placed on file with the Village:
(i) A written traffic control plan demonstrating the protective measures
and devices that will be employed consistent with the Illinois Manual on
Uniform Traffic Control Devices and the Illinois Highway Standards, to
prevent injury or damage to persons or property and to minimize
disruptions to efficient pedestrian and vehicular traffic; and
(ii) An emergency contingency plan which shall specify the nature of
potential emergencies, including, without limitation, construction and
hazardous materials emergencies, and the intended response by the
applicant. The intended response shall include notification to the Village
and shall promote protection of the safety and convenience of the public.
Compliance with ICC regulations for emergency contingency plans
constitutes compliance with this Section unless the Village finds that
additional information or assurances are needed;
(6) Drawings, plans and specifications showing the work proposed, including
the certification of an engineer that such drawings, plans, and specifications
comply with applicable codes, rules, and regulations;
(7) Evidence of insurance as required in Section 19 -71 of this Article;
(8) Evidence of posting of the security fund as required in Section 19 -73 of
this Article;
(9) Any request for a variance from one or more provisions of this Article
(See Section 19 -84); and
(10) Such additional information as may be reasonably required by the Village.
(d) Supplemental Application Requirements for Specific Types of Utilities. In
addition to the requirements of Subsection (c) of this Section, the permit application shall
include the following items as applicable to the specific utility that is the subject of the
permit application:
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(1) In the case of the installation of a new electric power, communications,
telecommunications, cable service, video service or natural gas distribution
system installation, evidence that any "Certificate of Public Convenience and
Necessity" or other regulatory authorization that the applicant is required by law
to obtain, or that 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 and provide copies of IEPA permits;
(4) In the case of sewer line installations, indicate that the land and water
pollution requirements of the Illinois Environmental Protection Agency, Division
of Water Pollution Control and the Metropolitan Water Reclamation District
(where applicable) or other local or state entities with jurisdiction, have been
satisfied; or
(5) In the case of petroleum products pipelines, state the type or types of
petroleum products, pipe size, maximum working pressure, and the design
standard to be followed.
(e) Applicant's Duty to Update Information. Throughout the entire permit
application review period and the construction period authorized by the permit, any
amendments to information contained in a permit application shall be submitted by the
utility in writing to the Village within thirty (30) days after the change necessitating the
amendment.
(f) Application Fees. Unless otherwise provided by franchise, license, or similar
agreement, all applications for permits pursuant to this Article shall be accompanied by a
fee in the amount established in the annual fee resolution of the Village of Deerfield. No
application fee is required to be paid by any electric utility that is paying the municipal
electricity infrastructure maintenance fee pursuant to the Electricity Infrastructure
Maintenance Fee Act.
Sec. 19-68. Action on Permit Applications.
(a) Village Review of Permit Applications. Completed permit applications,
containing all required documentation, shall be examined by the Director of Public
Works and Engineering 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 and Engineering shall reject such application in
Page 13 of 39 June 12, 2012
writing, stating the reasons therefor. If the Director of Public Works and Engineering are
satisfied that the proposed work conforms to the requirements of this Article and all
applicable ordinances, codes, laws, rules, and regulations, the Director 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 Director of Public Works and Engineering, 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.
(1) Pursuant to Section 4 of the Telephone Company Act, 220 ILCS 65/4, a
telecommunications retailer shall notify the Village that it intends to commence
work governed by this Article for facilities for the provision of
telecommunications services. Such notice shall consist of plans, specifications,
and other documentation sufficient to demonstrate the purpose and intent of the
facilities, and shall be provided by the telecommunications retailer to the Village
not less than ten (10) days prior to the commencement of work requiring no
excavation and not less than thirty (30) days prior to the commencement of work
requiring excavation. The Director of Public Works and Engineering 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 Director of Public Works and Engineering fails to
provide such specification of location to the telecommunications retailer within
either (i) ten (10) days after service of notice to the Village by the
telecommunications retailer in the case of work not involving excavation for new
construction or (ii) twenty -five (25) days after service of notice by the
telecommunications retailer in the case of work involving excavation for new
construction, the telecommunications retailer may commence work without
obtaining a permit under this Article. For purposes of determining when the ten
or twenty -five day period specified in this sub - section begins, service of notice to
the Village shall be considered to have occurred on the date that the Village has
received all of the documentation required to be submitted under Section 19-
68(b)(1).
(3) Upon the provision of such specification by the Village, where a permit is
required for work pursuant to Section 19 -67 of this Article the
telecommunications retailer shall submit to the Village an application for a permit
and any and all plans, specifications and documentation available regarding the
facility to be constructed. Such application shall be subject to the requirements of
Subsection (a) of this Section.
(c) Additional Village Review of Applications of Holders of State Authorization
under the Cable and Video Competition Law of 2007. Applications by a utility that is a
Page 14 of 39 June 12, 2012
holder of a State - issued authorization under the Cable and Video Competition Law of
2007 shall be deemed granted forty -five (45) days after the submission to the Village,
unless otherwise acted upon the Village, provided the holder has complied with all
applicable Village codes, ordinances and regulations.
Sec. 19 -69. Effect of Permit.
(a) Authority Granted; No Property Right or Other Interest Created. A permit from
the Village authorizes a permittee to undertake only certain activities in accordance with
this 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 rights -of -way.
(b) Compliance with All Laws Required. The issuance of a permit by the Village
does not excuse the permittee from complying with other requirements of the Village and
all applicable statutes, laws, ordinances, rules, and regulations.
Sec. 19 -70. Revised Permit Drawings.
In the event that the actual locations of any facilities deviate in any material respect from
the locations identified in the plans, drawings and specifications submitted with the
permit application, the permittee shall submit a revised set of drawings or plans to the
Village within ninety (90) days after the completion of the permitted work. The revised
drawings or plans shall specifically identify where the locations of the actual facilities
deviate from the locations approved in the permit. If any deviation from the permit also
deviates from the requirements of this Article, it shall be treated as a request for variance
in accordance with Section 19 -84 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. 19 -71. Insurance.
(a) Required Coverages and Limits. Unless otherwise provided by franchise, license,
or similar agreement, each utility occupying right -of -way or constructing any facility in
the right -of -way shall secure and maintain the following liability insurance policies
insuring the utility as named insured and naming the Village, and its elected and
appointed officers, officials, agents, and employees as additional insureds on the policies
listed in paragraphs (1) and (2) below:
(1) Commercial general liability insurance, including premises- operations,
explosion, collapse, and underground hazard (commonly referred to as "X ", "C ",
and "U" coverages) and products- completed operations coverage with limits not
less than:
Page 15 of 39 June 12, 2012
(i) Five million dollars ($5,000,000) for bodily injury or death to each
person;
(ii) Five million dollars ($5,000,000) for property damage resulting from
any one accident; and
(iii) Five million dollars ($5,000,000) for all other types of liability;
(2) Automobile liability for owned, non -owned and hired vehicles with a
combined single limit of one million dollars ($1,000,000) for personal injury and
property damage for each accident;
(3) Worker's compensation with statutory limits; and
(4) Employer's liability insurance with limits of not less than one million dollars
($1,000,000) per employee and per accident.
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. In lieu of a copy of the policy, a certificate indicating that the
insurance policies required by this Section have been obtained and are in force, may be
submitted with the approval of the Director of Public Works and Engineering.
(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 ten (10)) 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."
Page 16 of 39 June 12, 2012
Within seven days after receipt by the Village of said notice, and in no event later than
three days prior to said cancellation, the utility shall obtain and furnish to the Village
evidence of replacement insurance policies meeting the requirements of this Section.
(e) Self- Insurance. A utility may self - insure all or a portion of the insurance coverage
and limit requirements required by Subsection (a) of this Section. A utility that self -
insures is not required, to the extent of such self - insurance, to comply with the
requirement for the naming of additional insureds under Subsection (a), or the
requirements of Subsections (b), (c) and (d) of this Section. A utility that elects to self -
insure shall provide to the Village evidence sufficient to demonstrate its financial ability
to self - insure the insurance coverage and limit requirements required under Subsection a)
of this Section, such as evidence that the utility is a "private self insurer" under the
Workers Compensation Act.
(f) Effect of Insurance and Self- Insurance on Utility's Liability The legal liability of
the utility to the Village and any person for any of the matters that are the subject of the
insurance policies or self - insurance required by this Section shall not be limited by such
insurance policies or self - insurance or by the recovery of any amounts thereunder.
Sec. 19-72. Indemnification.
By occupying or constructing facilities in the right -of -way, a utility shall be deemed to
agree to defend, indemnify and hold the Village and its elected and appointed officials
and officers, employees, agents and representatives harmless from and against any and all
injuries, claims, demands, judgments, damages, losses and expenses, including
reasonable attorney's fees, and costs of suit or defense, arising out of, resulting from or
alleged to arise out of or result from the negligent, careless or wrongful acts, omissions,
failures to act or misconduct of the utility or its affiliates, officers, employees, agents,
contractors or subcontractors in the construction of facilities or occupancy of the rights -
of -way, and in providing or offering service over the facilities, whether such acts or
omissions are authorized, allowed or prohibited by this 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.
Sec. 19-73. 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:
Page 17 of 39 June 12, 2012
(1) The faithful performance by the permittee of all the requirements of this
Article;
(2) Any expenditure, damage, or loss incurred by the Village occasioned by
the permittee's failure to comply with any codes, rules, regulations, orders,
permits and other directives of the Village issued pursuant to this Article; and
(3) The payment by permittee of all liens and all damages, claims, costs, or
expenses that the Village may pay or incur by reason of any action or non-
performance by permittee in violation of this Article including, without limitation,
any damage to public property or restoration work the permittee is required by this
Article to perform that the Village must perform itself or have completed as a
consequence solely of the permittee's failure to perform or complete, and all other
payments due the Village from the permittee pursuant to this Article or any other
applicable law.
(b) Form. The permittee shall provide the Security Fund to the Village in the form, at
the permittee's election, of cash, a surety bond in a form acceptable to the Village, or an
unconditional letter of credit in a form acceptable to the Village. Any surety bond or
letter of credit provided pursuant to this Subsection shall, at a minimum:
(1) Provide that it will not be canceled without prior notice to the Village and
the permittee;
(2) Not require the consent of the permittee prior to the collection by the
Village of any amounts covered by it; and
(3) Shall provide a location within Cook, McHenry, Lake, Kane, or DuPage
Counties, Illinois at which it can be drawn.
(c) Amount. The dollar amount of the Security Fund shall be sufficient to provide for
the reasonably estimated cost to restore the right -of -way to at least as good a condition as
that existing prior to the construction under the permit, as determined by the Village, and
may also include reasonable, directly related costs that the Village estimates are likely to
be incurred if the permittee fails to perform such restoration. Where the construction of
facilities proposed under the permit will be performed in phases in multiple locations in
the Village, with each phase consisting of construction of facilities in one location or a
related group of locations, and where construction in another phase will not be
undertaken prior to substantial completion of restoration in the previous phase or phases,
the Village 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.
Page 18 of 39 June 12, 2012
(d) Withdrawals. The Village, upon fourteen (14) days' advance written notice
stating the reason for, and its intention to exercise withdrawal rights under this
Subsection, may withdraw an amount from the Security Fund, provided that the permittee
has not reimbursed the Village for such amount within the fourteen (14) day notice
period. Withdrawals may be made if the permittee:
(1) Fails to make any payment required to be made by the permittee
hereunder;
(2) Fails to pay any liens relating to the facilities that are due and unpaid;
(3) Fails to reimburse the Village for any damages, claims, costs or expenses
which the Village has been compelled to pay or incur by reason of any action or
non - performance by the permittee; or
(4) Fails to comply with any provision of this Article that the Village
determines can be remedied by an expenditure of an amount in the Security Fund.
(e) Replenishment. Within fourteen (14) days after receipt of written notice from the
Village that any amount has been withdrawn from the Security Fund, the permittee shall
restore the Security Fund to the amount specified in Subsection c) of this Section.
(f) Interest. The permittee may request that any and all interest accrued on the
amount in the Security Fund be returned to the permittee by the Village, upon written
request for said withdrawal to the Village, provided that any such withdrawal does not
reduce the Security Fund below the minimum balance required in Subsection c) of this
Section.
(g) Closing and Return of Security Fund. Upon completion of the work authorized
under the permit, the permittee shall be entitled to the return of the Security Fund, or such
portion thereof as remains on deposit, within a reasonable time after account is taken for
all offsets necessary to compensate the Village for failure by the permittee to comply with
any provisions of this Article or other applicable law. In the event of any revocation of
the permit, the Security Fund, and any and all accrued interest therein, shall become the
property of the Village to the extent necessary to cover any reasonable costs, loss or
damage incurred by the Village as a result of said revocation, provided that any amounts
in excess of said costs, loss or damage shall be refunded to the permittee.
(h) Rights Not Limited. The rights reserved to the Village with respect to the
Security Fund are in addition to all other rights of the Village, whether reserved by this
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.
Page 19 of 39 June 12, 2012
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.
Sec. 19-74. Permit Suspension and Revocation.
(a) Village Right to Revoke Permit. The Village may revoke or suspend a permit
issued pursuant to this Article 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 Article;
(3) Permittee's physical presence or presence of permittee's facilities on, over,
above, along, upon, under, across, or within the public rights -of -way presents a
direct or imminent threat to the public health, safety, or welfare; or
(4) Permittee's failure to construct the facilities substantially in accordance
with the permit and approved plans.
(b) Notice of Revocation or Suspension. The Village shall send written notice of its
intent to revoke or suspend a permit issued pursuant to this Article stating the reason or
reasons for the revocation or suspension and the alternatives available to permittee under
this Section.
(c) Permittee Alternatives Upon Receipt of Notice of Revocation or Suspension.
Upon receipt of a written notice of revocation or suspension from the Village, the
permittee shall have the following options:
(1) Immediately provide the Village with evidence that no cause exists for the
revocation or suspension;
(2) Immediately correct, to the satisfaction of the Village, the deficiencies
stated in the written notice, providing written proof of such correction to the
Village within five (5) working days after receipt of the written notice of
revocation;
(3) Immediately remove the facilities located on, over, above, along, upon,
under, across, or within the public rights -of -way and restore the rights -of -way to
the satisfaction of the Village providing written proof of such removal to the
Village within ten (10) days after receipt of the written notice of revocation.
The Village may, in its discretion, for good cause shown, extend the time periods
provided in this Subsection; or
Page 20 of 39 June 12, 2012
(d) Stop Work Order. In addition to the issuance of a notice of revocation or
suspension, the Village may issue a stop work order immediately upon discovery of any
of the reasons for revocation set forth within Subsection (a) of this Section.
(e) Failure or Refusal of the Permittee to Comply. If the permittee fails to comply
with the provisions of Subsection (c) of this Section, the Village or its designee may, at
the option of the Village: (1) correct the deficiencies; (2) upon not less than twenty (20)
days notice to the permittee, remove the subject facilities or equipment; or (3) after not
less than thirty (30) days notice to the permittee of failure to cure the non - compliance,
deem them abandoned and property of the Village. The permittee shall be liable in all
events to the Village for all costs of removal.
Sec. 19-75. Change of Ownership or Owner's Identity or Legal Status.
(a) Notification of Change. A utility shall notify the Village no less than thirty (30)
days prior to the transfer of ownership of any facility in the right -of -way or change in
identity of the utility. The new owner of the utility or the facility shall have all the
obligations and privileges enjoyed by the former owner under the permit, if any, and all
applicable laws, ordinances, rules and regulations, including this Article, with respect to
the work and facilities in the right -of -way.
(b) Amended Permit. A new owner shall request that any current permit be amended
to show current ownership. If the new owner fails to have a new or amended permit
issued in its name, the new owner shall be presumed to have accepted, and agreed to be
bound by, the terms and conditions of the permit if the new owner uses the facility or
allows it to remain on the Village's right -of -way.
(c) Insurance and Bonding. All required insurance coverage or bonding must be
changed to reflect the name of the new owner upon transfer.
Sec. 19-76. General Construction Standards.
(a) Standards and Principles. All construction in the right -of -way shall be consistent
with applicable ordinances, codes, laws, rules and regulations, and commonly recognized
and accepted traffic control and construction principles, sound engineering judgment and,
where applicable, the principles and standards set forth in any applicable ordinances,
rules, regulations or manuals of the Village and 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;
Page 21 of 39 June 12, 2012
(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 Article, the Village
Engineer shall determine, in the exercise of sound engineering judgment, which
principles apply and such decision shall be final. If requested, the Village Engineer shall
state which standard or principle will apply to the construction, maintenance, or operation
of a facility in the future.
Sec. 19 -77. Traffic Control.
(a) Minimum Requirements. The Village's minimum requirements for traffic
protection are contained in IDOT's Illinois Manual of Uniform Traffic Control Devices
and this Code. The Village Director of Public Works and Engineering may require that
additional traffic protection measures be taken, if because of the location where the work
is to be performed or because of anticipated high traffic volumes, he determines
additional traffic protection measures are warranted.
(b) Warning Signs, Protective Devices, and Flaggers. The utility is responsible for
providing and installing warning signs, protective devices and flaggers, when necessary,
meeting all applicable federal, state, and local requirements for protection of the public
and the utility's workers when performing any work on the public rights -of- -way.
(c) Interference with Traffic. All work shall be phased so that there is minimum
interference with pedestrian and vehicular traffic. The Director of Public Works and
Engineering may prohibit work from being performed at specified hours or on specified
days where higher than usual traffic volumes are anticipated.
(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
Page 22 of 39 June 12, 2012
emergency repairs pursuant to Section 19 -83 of this Article, the utility shall provide such
notice as is practicable under the circumstances.
(e) Compliance. The utility shall take immediate action to correct any deficiencies in
traffic protection requirements that are brought to the utility's attention by the Village.
Sec. 19 -78. Location of Facilities.
(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 Village Facilities. No utility facilities shall be placed
in any location if . the Director of Public Works and Engineering
determines that the proposed location will require the relocation or
displacement of any of the Village of Deerfield's utility facilities or will
otherwise interfere with the operation or maintenance of any of the Village
of Deerfield'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 Visibility. 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 Utility 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 Rights -of -Way.
(1) Overhead Parallel Facilities. An overhead parallel facility may be located
within the right -of -way only if overhead utility facilities already exist in the area
of the right -of -way where the overhead parallel facility is proposed to be located
and if:
Page 23 of 39 June 12, 2012
(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 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 only if approved by the Director of Public Works
and Engineering and:
(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, and five (5) feet (1.5 m) from any water main;
(ii) A new facility may be located under the paved portion of a
roadway 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
(ii) In the case of an underground power or communications
line, the facility shall be located as approved by the Director of Public
Works and Engineering 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 Roadways.
(1) No Future Disruption. The construction and design of crossing facilities
installed between the ditch lines or curb lines of Village roadways may require the
incorporation of materials and protections (such as encasement or additional
cover) to avoid settlement or future repairs to the roadway resulting from the
installation of such crossing facilities.
Page 24 of 39 June 12, 2012
(2) Culverts or Drainage Facilities. Crossing facilities shall not be located in
culverts, or drainage facilities.
(3) 90 Degree Crossing Required. Crossing facilities shall cross at or as near
to a ninety (90) degree angle to the centerline as practicable, unless otherwise
approved by the Village Engineer.
(4) Overhead Power or Communication Facility. An overhead power or
communication facility may cross a right, -of -way 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 Ill. Adm. Code 305);
(ii) Poles are located within one (1) foot (0.3 m) of the right -of-
way line and outside of the clear zone; and
(iii) Overhead crossings at major intersections are avoided.
(5) Underground Power or Communication Facility. An underground power
or communication facility may cross a right-of-way only if-
(i) The design materials and construction methods will provide
maximum maintenance -free service life; and
(ii) Capacity for the utility's foreseeable future expansion needs
is provided in the initial installation.
(6) Markers. The Village may require the utility to provide a marker at each
right -of -way line where an underground facility other than a power or
communication facility crosses a highway. Each marker shall identify the type of
facility, the utility, and an emergency phone number. Markers may also be
eliminated as provided in current Federal regulations. (49 C.F.R. 192.707).
(d) Facilities to be Located Within Particular Rights -of -Way. The Village may
require that facilities be located within particular rights -of -way (a public utility easement,
for example) that are not highways, rather than within particular highways.
(e) Freestanding Facilities.
(1) The Village may restrict the location and size of any freestanding facility
located within a right -of -way.
Page 25 of 39 June 12, 2012
(2) All freestanding facilities .located within a right -of -way shall be located
underground to the greatest extent possible, as determined by the Village
Engineer, and to the extent that the Village Engineer determines that it is not
technically possible to install any such facilities underground, such facilities shall
be substantially screened from view by landscaping pursuant to a landscaping plan
which shall be approved in advance by the Village Engineer and the Village
Manager.
(3) All freestanding facilities within any right -of -way shall be so located so as
to cause only the minimum possible interference with the use of such right -of -way
and so as to cause only the minimum possible impact upon, and interference with
the rights and reasonable convenience of property owners who adjoin said right -
of -way. No freestanding facilities shall be placed within any right -of -way in such
a manner to interfere with the usual travel on such right -of -way, nor shall such
facilities limit the visibility of vehicular and/or pedestrian traffic within such
right -of -way.
(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 as determined by
the Director of Public Works and Engineering; 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 and shall, in any
event, include screening by landscaping pursuant to a landscape plan approved in
advance by the Director of Public Works and Engineering. Existing utility poles
and light standards shall be. used wherever practicable — the installation of
additional utility poles is strongly discouraged.
(4) The above ground facilities installed are located so as to cause only
minimal interference with the use of any right -of -way within which the
facilities are installed and with the rights and reasonable convenience of
property owners who adjoin said right -of -way.
(5) The smallest suitable vaults, boxes, equipment enclosures, power
pedestals, and/or cabinets then in use by the facility owner for the type of
above ground facility shall be used.
Page 26 of 39 June 12, 2012
(6) For purposes of this Article, a facility shall be considered above ground if
more than ten percent of the overall height of the facility measured from the base
or bottom support of the facility is located above ground.
(g) Facility Attachments to Bridges or Roadway Structures.
(1) Facilities may be installed as attachments to bridges or roadway structures
only where the utility has demonstrated that all other means of accommodating the
facility are not practicable. Other means shall include, but are not limited to,
underground, underwater, independent poles, cable supports and tower supports,
all of which are completely separated from the bridge or roadway structure.
Facilities transmitting commodities that are volatile, flammable, corrosive, or
energized, especially those under significant pressure or potential, present high
degrees of risk and such installations are not permitted.
(2) A utility shall include in its request to accommodate a facility installation
on a bridge or roadway structure supporting data demonstrating the
impracticability of alternate routing. Approval or disapproval of an application
for facility attachment to a bridge or roadway structure will be based upon the
following considerations:
(i) The type, volume, pressure or voltage of the commodity to
be transmitted and an evaluation of the resulting risk to persons and
property in the event of damage to or failure of the facility;
(ii) The type, length, value, and relative importance of the
roadway 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.
Page 27 of 39 June 12, 2012
(ix) Village may have an independent investigation done by a
structural engineer with the cost of the investigation born by the applicant.
(x) Facility attachments to bridges or roadway structures may
require a review by IDOT.
(h) Appearance Standards.
(1) The Village may prohibit the installation of facilities in particular locations
in order to preserve visual quality.
(2) A facility may be constructed only if its construction does not require
extensive removal or alteration of trees or terrain features visible to the
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.
Sec. 19-79. Construction Methods and Materials.
(a) Standards and Requirements for Particular Types of Construction Methods.
(1) Boring or Jacking.
(i) Pits and Shoring. Boring or jacking under rights -of -way
shall be accomplished from pits located at a minimum distance specified
by the Director of Public Works and Engineering from the edge of the
pavement. Pits for boring or jacking shall be excavated no more than 48
hours in advance of boring or jacking operations and backfilled within 48
hours after boring or jacking operations are completed. While pits are
open, they shall be clearly marked and protected by barricades. Shoring
shall be designed, erected, supported, braced, and maintained so that it will
safely support all vertical and lateral loads that may be imposed upon it
during the boring or jacking operation.
(ii) Wet Boring or Jetting. Wet boring or jetting shall not be
permitted under the roadway.
(iii) Borings with Diameters Greater Than 6 Inches. Borings
over six inches (0.15 m) in diameter shall be accomplished with an auger
and following pipe, and the diameter of the auger shall not exceed the
outside diameter of the following pipe by more than one inch (25 mm).
(iv) Borings with Diameters 6 Inches or Less. Borings of six
inches or less in diameter may be accomplished by either jacking, guided
with auger, or auger and following pipe method.
Page '28 of 39 June 12, 2012
(v) Tree Preservation. Any facility located within the drip line
of any tree designated by the Village 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 any applicable ordinances, rules,
regulations or manuals of the Village and the applicable portions of Section 603
of IDOT's "Standard Specifications for Road and Bridge Construction."
(i) Length. The length of open trench shall be kept to the
practicable minimum consistent with requirements for pipe -line testing.
Only one -half of any intersection may have an open trench at any time
unless special permission is obtained from the Director of Public Works
and Engineering.
(ii) Open Trench and Excavated Material. Open trench and
windrowed excavated material shall be protected as required by Chapter 6
of the Illinois Manual on Uniform Traffic Control Devices. Where
practicable, the excavated material shall be deposited between the roadway
and the trench as added protection. Excavated material shall not be
allowed to remain on the paved portion of the roadway. Where right -of-
way width does not allow for windrowing excavated material off the paved
portion of the roadway, excavated material shall be hauled to an off -road
location.
(iii) Drip Line. The utility shall not trench within the drip line
of any tree.
(3) Backfilling.
(i) Any pit, trench, or excavation created during the
installation of facilities shall be backfilled for its full width, depth, and
length using methods and materials in accordance with any applicable
ordinances, rules, regulations or manuals of the Village and 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 backfill area that has settled due to construction of the facility. If so
ordered by the Director of Public Works and Engineering, 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
Page 29 of 39 June 12, 2012
restore new pavement, sidewalk, curbs, and driveways to the proper
grades, as determined by the Director of Public Works and Engineering.
(4) Pavement Cuts. Pavement cuts for facility installation or repair shall be
permitted on a roadway only if that portion of the roadway is closed to traffic. If a
variance to the limitation set forth in this paragraph is permitted under Section 19-
121, the following requirements shall apply:
(i) Any excavation under pavements shall be backfilled and
compacted as soon as practicable with granular material of CA -6, FA -6, or
flowable fill, as designated by the Director of Public Works and
Engineering.
(ii) Restoration of pavement, in kind, shall be accomplished as
soon as practicable and temporary repair with bituminous mixture shall be
provided immediately. Any subsequent failure of either the temporary
repair or the restoration shall be rebuilt upon notification by the Village.
Pavement restoration shall meet material requirements as specified in the
Standard Specifications.
(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
four (4) 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 resurfacing or unless a
pavement cut is necessary for a M.L.I.E. locate.
(5) Encasement.
(i) Casing pipe shall be designed to withstand the load of the
roadway and any other superimposed loads. The casing shall be
continuous either by one -piece fabrication or by welding or jointed
installation approved by the Village. Casing pipes shall be installed where
required and approved by the Director of Public Works and Engineering.
(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 roadway.
(iii) In the case of gas pipelines of 60 psig or less, encasement
may be eliminated.
Page 30 of 39 June 12, 2012
(vi) 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;
(v) If encasement is eliminated for a gas or petroleum products
pipeline, the facility shall be located so as to provide that construction
does not disrupt the right -of -way.
(6) Minimum Cover of Underground Facilities. Cover shall be provided and
maintained at least in the amount specified in the following table for minimum
cover for the type of facility:
TYPE OF FACILITY
MINIMUM COVER
Electric Lines
Communication, Cable or Video Service Lines
30 Inches (0.8 m)
24 Inches (0.6 m)
Gas or Petroleum Products
30 Inches 0.8 m
Water Line
72 Inches 1.83 m
Sanitary Sewer, Storm Sewer, or Drainage Line
Sufficient Cover to Provide Freeze Protection, as
approved by Director of Public Works and
Engineering
(b) Standards and Requirements for Particular Types of Facilities.
(1) Electric Power or Communication Lines.
(i) Code Compliance. Electric power or communications
facilities within Village rights -of -way shall be constructed, operated, and
maintained in conformity with the provisions of 83 Ill. Adm. Code 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, if otherwise permitted under this Article, 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.
Page 31 of 39 June 12, 2012
(iii) Underground Facilities. (1) Cable may be installed by
trenching or plowing, provided that special consideration is given to
boring in order to minimize damage when crossing improved entrances
and side roads. (2) If a crossing is installed by boring or jacking,
encasement shall be provided between jacking or bore pits. Encasement
may be eliminated only if: (a) the crossing is installed by the use of
"moles," "whip augers ", or other approved method which compress the
earth to make the opening for cable installation or (b) the installation is by
the open trench method which is only permitted prior to roadway
construction. (3) Cable shall be grounded in accordance with the National
Electrical Safety Code.
(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 snowdrops, shall be buried by May 31 of the current year,
weather permitting, unless otherwise permitted by the Village. 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 encasement provided between the
ditch lines or toes of slopes of the roadway;
(iii) open trench with vented encasement between ultimate ditch
lines or toes of slopes, but only if prior to roadway construction;
(iv) tunneling with vented encasement, but only if installation is
not possible by other means; or
(v) open trench in a manner approved by the Director of Public
Works and Engineering.
(3) Gas Transmission, Distribution and Service. Gas pipelines within rights -
of -way shall be constructed, maintained, and operated in a Village approved
manner and in conformance with the Federal Code of the Office of Pipeline Safety
Operations, Department of Transportation, Part 192 — Transportation of Natural
Gas 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.
Page 32 of 39 June 12, 2012
(4) Petroleum Products Pipelines. Petroleum products pipelines within rights -
of -way shall conform to the applicable sections of ANSI Standard Code for
Pressure Piping. (Liquid Petroleum Transportation Piping Systems ANSI -B
31.4).
(5) Waterlines, Sanitary Sewer Lines, Storm Water Sewer Lines or Drainage
Lines. Water lines, sanitary sewer lines, storm sewer lines, and drainage lines
within rights -of -way shall meet or exceed the requirements of the Standard
Specifications and the current "Standard Specifications for Water and Sewer Main
Construction in Illinois ".
(6) Ground Mounted Appurtenances. Ground mounted appurtenances to
overhead or underground facilities, when permitted within a right -of -way, shall be
provided with a vegetation -free area extending one foot (305 mm) in width
beyond the appurtenance in all directions. The vegetation -free area may be
provided by an extension of the mounting pad, or by heavy -duty plastic or similar
material approved by the Director of Public Works and Engineering. With the
approval of the Director of Public Works and Engineering, shrubbery surrounding
the appurtenance may be used in place of vegetation -free area. The housing for
ground - mounted appurtenances shall be painted a neutral color to blend with the
surroundings.
(c) Materials.
(1) General Standards. The materials used in constructing facilities within
rights -of -way shall be those meeting the accepted standards of the appropriate
industry, the requirements of the Village's Design Manual, and the applicable
portions of IDOT's "Standards Specifications for Road and Bridge Construction ",
the requirements of the Illinois Commerce Commission, or the standards
established by other official regulatory agencies for the appropriate industry.
(2) Material Storage on Right -of -Way. No material shall be stored in the
right -of -way without the prior written approval of the Village 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 Village.
(3) Hazardous Materials. The plans submitted by the utility to the Village
shall identify any hazardous materials that may be involved in the construction of
the new facilities or removal of any existing facilities.
(d) Operational Restrictions.
Page 33 of 39 June 12, 2012
(1) Construction operations on rights -of -way may, at the discretion of the
Village, be required to be discontinued when such operations would create
hazards to traffic or the public health, safety, and welfare. Such operations may
also be required to be discontinued or restricted when conditions are such that
construction would result in extensive damage to the right -of -way or other
property.
(2) These restrictions may be waived by the Director of Public Works and
Engineering when emergency work is required to restore vital utility services.
(3) Works hours are as specified in the municipal code.
(e) Location of Existing Facilities. Any utility proposing to construct facilities in the
Village shall contact J.U.L.I.E. and ascertain the presence and location of existing above-
ground and underground facilities within the rights -of -way to be occupied by its proposed
facilities. The Village will make its permit records available to a utility for the purpose of
identifying possible facilities. When notified of an excavation or when requested by the
Village or by J.U.L.I.E., a utility shall locate and physically mark its underground
facilities within 48 hours, excluding weekends and holidays, in accordance with the
Illinois Underground Facilities Damage Prevention Act (220 ILCS 5011 et seq.)
Sec. 19 -80. 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 applicable Illinois laws and regulations, and additionally, with such
local franchise or other agreement with the Village of Deerfield 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 Article.
(1) Application for Tree Trimming Permit. Applications for tree trimming
permits shall include assurance that the work will be accomplished by competent
workers with supervision who are experienced in accepted tree pruning practices.
Tree trimming permits shall designate an expiration date in the interest of assuring
that the work will be expeditiously accomplished.
(2) Damage to Trees. Poor pruning practices resulting in damaged or
misshapen trees will not be tolerated and shall be grounds for cancellation of the
tree trimming permit and for assessment of damages. The Village will require
compensation for trees extensively damaged and for trees removed without
Page 34 of 39 June 12, 2012
authorization. The formula developed by the International Society of
Arboriculture will be used as a basis for determining the compensation for
damaged trees or unauthorized removal of trees. The Village may require the
removal and replacement of trees if trimming or radical pruning would leave them
in an unacceptable condition.
(c) Specimen Trees or Trees of Special Significance. The Village may require that
special measures be taken to preserve specimen trees or trees of special significance. The
required measures may consist of higher poles, side arm extensions, covered wire or other
means.
(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 Village for
any purpose, including the control of growth, insects or disease.
(2) Spraying of any type of vegetation controlling chemicals will not be
permitted on rights -of -way unless approved by the Director of Public Works and
Engineering.
Sec. 19 -81. Removal, Relocation, or Modifications of Utility Facilities.
(a) Notice. Within ninety (90) days following written notice from the Village, a
utility shall, at is 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 Village improvement in or upon, or the operations of the Village in or
upon, the rights -of -way.
(b) Removal of Unauthorized Facilities. Within thirty (30) days following written
notice from the Village, any utility that owns, controls, or maintains any unauthorized
facility or related appurtenances within the public rights -of -way shall, at its own expense,
remove all or any part of such facilities or appurtenances from the public rights -of -way.
A facility is unauthorized and subject to removal in the following circumstances:
(1) Upon expiration or termination of the permittee's license or franchise,
unless otherwise permitted by applicable law;
(2) If the facility was constructed or installed without the prior grant of a
license or franchise, if required;
(3) If the facility was constructed or installed without prior issuance of a
required permit in violation of this Article; or
Page 35 of 39 June 12, 2012
(4) If the facility was constructed or installed at a location not permitted by the
permittee's license or franchise.
(c) Emergency Removal or Relocation of Facilities. The Village retains the right and
privilege to cut or move any facilities located within the rights -of -way of the Village, as
the Village may determine to be necessary, appropriate or useful in response to any public
health or safety emergency. If circumstances permit, the municipality shall attempt to
notify the utility, if known, prior to cutting or removing a facility and shall notify the
utility, if known, after cutting or removing a facility.
(d) Abandonment of Facilities. Upon abandonment of a facility within the public
rights -of -way of the Village, the utility shall notify the Village within ninety (90) days.
Following receipt of such notice the Village may direct the utility to remove all or any
portion of the facility if the Director of Public Works and Engineering determines that
such removal will be in the best interest of the public health, safety and welfare. In the
event that the Village does not direct the utility that abandoned the facility to remove it,
by giving notice of abandonment to the Village, the abandoning utility shall be deemed to
consent to the alteration or removal of all or any portion of the facility by another utility
or person.
Sec. 19 -82. Cleanup and Restoration.
The utility shall remove all excess material and restore all turf and terrain and other
property within 10 days after any portion of the rights -of -way are disturbed, damaged or
destroyed by the utility, to the satisfaction of the Village. This includes restoration of all
disturbed areas. Restoration of roadway surfaces shall be made using materials and
methods approved by the Director of Public Works and Engineering. Such cleanup and
repair may be required to consist of backfilling, regrading, reseeding, resodding, replacing
or replanting of flowers and shrubs 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 may be extended by the Village Manager for good cause
shown.
Sec. 19 -83. Maintenance and Emergency Maintenance.
(a) General. Facilities on, over, above, along, upon, under, across, or within rights -
of -way are to be maintained by or for the utility in a manner satisfactory to the Village
and at the utility's expense.
(b) Emergency Maintenance Procedures. Emergencies may justify non - compliance
with normal procedures for securing a permit:
Page 36 of 39 June 12, 2012
(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 roadway or the public on the right -of -way including the use of signs,
lights, barricades or flaggers. If a hazard does not exist on the traveled way, but
the nature of the emergency is such as to require the parking on the shoulder of
equipment required in repair operations, adequate signs and lights shall be
provided. Parking on the shoulder in such an emergency will only be permitted
when no other means of access to the facility is available.
(2) In an emergency, the utility shall, immediately, notify the Village Police
Department of the situation. This notification shall include a description of the
problem, work being undertaken, and what steps have been taken for protection of
the traveling public and what will be required to make the necessary repairs. If
the nature of the emergency is such as to interfere with the free movement of
traffic, the Village Police Department shall be notified immediately.
(3) In an emergency, the utility shall use all means at hand to complete repairs
as rapidly as practicable and with the least inconvenience to the traveling public.
(c) Emergency Repairs. The utility must file in writing with the Director of Public
Works and Engineering a description of the repairs undertaken in the right -of -way within
48 hours after an emergency repair.
Sec. 19-84. Variances.
(a) Request for Variance. A utility requesting a variance from one or more of the
provisions of this Article must do so in writing to the Director of Public Works and
Engineering as a part of the permit application. The request shall identify each provision
of, this Article from which a variance is requested and the reasons why a variance should
be granted.
(b) Authority to Grant Variances. The Village Board shall decide whether a variance
is authorized for each provision of this Article identified in the variance request on an
individual basis.
(c) Conditions for Granting of Variance. The Village Board 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
Page 37 of 39 June 12, 2012
(2) All other designs, methods, materials, locations or facilities that would
conform with the provision from which a variance is requested are impracticable
in relation to the requested approach.
(d) Additional Conditions for Granting of a Variance. As a condition for authorizing
a variance, the Village Board may require the utility requesting the variance to meet
reasonable standards and conditions that may or may not be expressly contained within
this Article but which carry out the purposes of this Article.
(e) Right to Appeal. Any utility aggrieved by any order, requirement, decision or
determination, including denial of a variance, made by the Village Engineer under the
provisions of this Article shall have the right to appeal to the Village Manager of the
Village of Deerfield. The application for appeal shall be submitted in writing to the
Village Clerk within 30 days after the date of such order, requirement, decision or
determination. The Village Manager shall commence his or her consideration of the
appeal within not more than fifteen (15) days after the filing of the appeal. The Village
Manager shall timely decide the appeal.
Sec. 19-85. Penalties.
Any person who violates, disobeys, omits, neglects or refuses to comply with any of the
provisions of this Article shall be subject to fine in accordance with the penalty
provisions of this Code. There may be times when the Village will incur delay or other
costs, including third party claims, because the utility will not or cannot perform its duties
under its permit and this Article. Unless the utility shows that another allocation of the
cost of undertaking the requested action is appropriate, the utility shall bear the Village's
costs of damages and its costs of installing, maintaining, modifying, relocating, or
removing the facility that is the subject of the permit. No other administrative agency or
commission may review or overrule a permit related cost appointment of the Village.
Sanctions may be imposed upon a utility who does not pay the costs apportioned to it.
Sec. 19-86. Enforcement.
Nothing in this Article shall be construed as limiting any additional or further remedies
that the Village may have for enforcement of this Article.
Sec. 19-86. Severability.
If any section, subsection, sentence, clause, phrase or portion of this Article 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.
Page 38 of 39 June 12, 2012
J
SECTION 3: That this Ordinance, and each of its terms, shall be the effective legislative
act of a home rule municipality without regard to whether such Ordinance should:. (a) contain
terms contrary to the provisions of current or subsequent non - preemptive state law; or, (b)
legislate in a manner or regarding a matter not delegated to municipalities by state law. It is the
intent of the corporate authorities of the Village of Deerfield that to the extent that the terms of
this Ordinance should be inconsistent with any non - preemptive state law, this Ordinance shall
supersede state law in that regard within its jurisdiction.
SECTION 4: That this Ordinance shall be in full force and effect from and after its
passage, approval and publication in pamphlet form as provided by law.
PASSED this 2nd day of July , 2012.
AYES: Farkas, Jester, Oppenheim, Seiden, Struthers (5)
NAYS: None
ABSENT: Benton (1)
ABSTAIN: None
APPROVED this ?,a day of July , 2012.
ATTES .
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Village Clerk
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Village Pre6dent
Page 39 of 39
June 12, 2012