O-18-25VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0-18-25
AN ORDINANCE AMENDING ARTICLE 9 OF CHAPTER 19
OF THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD (1975)
REGARDING STANDARDS FOR SMALL WIRELESS SERVICES FACILITIES
WHEREAS, as a home rule municipality in accordance with the Constitution of the State
of Illinois of 1970, the Village has the authority to adopt ordinances and to promulgate rules and
regulations that pertain to its government and affairs and governing the use of public rights-of-way
and that protect the public health, safety, and welfare of its citizens; and
WHEREAS, the Village has previously adopted, and has amended from time to time,
generally applicable standards for construction on, over, above, along, upon, under, across, or
within, use of and repair of, the public right-of-way, which are contained in Article 9 of Chapter
19 of The Municipal Code of the Village of Deerfield (1975) ("Municipal Code"); and
WHEREAS, the public rights-of-way within the Village are a limited public resource held
in trust by the Village for the benefit of its citizens and the Village 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, due to changes in technology and changes in the law, including the adoption
of the Illinois Small Wireless Facilities Deployment Act, Public Act 100-0585, and codified at 50
ILCS 835 ("SWF Act"), the Village has considered amending the Municipal Code to address small
wireless facilities; and
WHEREAS, the SWF Act contains a variety of standards and requirements governing the
deployment of small wireless facilities (as defined in the SWF Act), including on structures located
in the rights-of-way (as defined in the SWF Act) and owned by various utilities and municipalities
for use in the provision of wireless services by wireless services providers (as defined in the SWF
Act); and
WHEREAS, the President and the Board of Trustees of the Village find and determine that
it is necessary to and in the best interests of the public health, safety and general welfare to amend
the Village's uniform standards and regulations for access to and use of the public rights-of-way
in the Village 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 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's utilities and of other utilities
lawfully located in public rights-of-way or property, (iv) protect against environmental damage,
including damage to trees and stormwater runoff, from the installation of utility facilities, (v)
preserve open space, particularly the tree -line parkways that characterize the Village's residential
neighborhoods; (vi) preserve the character of the neighborhoods in which facilities are installed,
(vii) prevent visual blight, and (viii) assure the continued safe use and enjoyment of private
properties adjacent to utility facilities locations; and
WHEREAS, the President and the Board of Trustees find that it is necessary and desirable
for the Village to amend Article 9 of Chapter 19 of the Municipal Code to establish application
requirements and standards for proposed placement of small wireless services facilities in the
rights-of-way in the Village; and
WHEREAS, the President and the Board of Trustees further find that the regulation of the
use of the public rights-of-way in the Village, including the amendments to Article 9 of Chapter
19 of the Municipal Code, is a matter pertaining to the affairs of the Village as provided in Article
VII, Section 6 of the Constitution of the State of Illinois of 1970; and
WHEREAS, in addition to the Village's power as a home rule municipality, this Ordinance
is adopted pursuant to: the provisions of (i) the Illinois Municipal Code, 65 ILCS 5/1-1-1 et seq.,
including, without limitation, Sections 11-20-5, 11-20-10, I1-42-11, 11-42-11.2, 11-80-1, 11-80-
3, 11-80-6, 11-80-7, 11-80-8, 11-80-10, and 11-80-13; (ii) Section 4 of the Telephone Company
Act, 220 ILCS 65/4; (iii) the Illinois Highway Code, including, without limitation, Articles 7 and
9 thereof, 605 ILCS 5/1-101 et seq.; (iv) the Simplified Municipal Telecommunications Tax Act,
35 ILCS 636/5-1 et seq.; (v) the Cable and Video Competition Law of 2007, 220 ILCS 5/21-100
et seq.; and (vi) the SWF Act; and
WHEREAS, in the enactment of Chapter 9 of the Municipal Code, 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.; and
WHEREAS, the President and Board of Trustees hereby find that it is in the best interest
of the Village to amend the current provisions contained in Article 9 of Chapter 19 of the Municipal
Code and to include the amendments contained in this Ordinance, through the exercise of its
statutory and home rule powers;
NOW, THEREFORE, BE IT ORDAINED by the President and Board of Trustees of the
Village of Deerfield, Cook and Lake Counties, Illinois, THAT:
SECTION 1. RECITALS. The foregoing recitals are incorporated in, and made a part
of, this Ordinance by this reference as findings of the Village Board.
SECTION 2. ADOPTION OF AMENDMENTS TO VILLAGE RIGHT-OF-WAY
CONSTRUCTION STANDARDS FOR SMALL WIRELESS SERVICES FACILITIES. Article
9, entitled "Construction of Utility Facilities in the Public Rights-of-Way," of Chapter 19, entitled
"Streets and Sidewalks," in The Municipal Code of the Village of Deerfield (1975), as amended,
shall be and is hereby amended in the manner shown in this Section, with additions shown as bold
and double underlined and deletions as Lexi diFaugh, as follows:
SECTION 3. EFFECTIVE DATE. This Ordinance shall be in full force and effect from
and after its passage, approval and publication in pamphlet form as required by law.
PASSED this 16th day of July , 2018
AYES: Benton, Jester, Oppenheim, Seiden, Shapiro, Struthers
NAYS: None
ABSTAIN: None
ABSENT: None
APPROVED this 17th day of July 2018
ATTEST:
— 6�6 �* -
Kent S. Street, Village Clerk
N58628504_v2
Harriet Rosenthal Village President
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;
(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-
efiwayQfn; 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.
(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.
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"ASTM" — American Society for Testing and Materials.
"Backfill" — The methods or materials for replacing excavated material in a trench or pit.
"Bore" or "Boring" — To excavate an underground cylindrical cavity for the insertion of a pipe or
electrical conductor.
"Cable Operator" — That term as defined in 47 U.S.C. 522(5).
"Cable Service" — That term as defined in 47 U.S.C. 522(6).
"Cable System" — That term as defined in 47 U.S.C. 522(7).
"Carrier Pipe" — The pipe enclosing the liquid, gas or slurry to be transported.
"Casing" — A structural protective enclosure for transmittal devices such as: carrier pipes, electrical
conductors, and fiber optic devices.
"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
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include the 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.
"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, 220ILCS 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.
"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.
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u3s3as�ee-�
"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.
"Small Wireless Facilities" See definition in Section 19-84,
"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 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. Unless the context clearly requires otherwise "telecommunications" Shalt
Also include wir&ss telecommunications as defined in the Illinois lelecommunicatoom
Infrastructure 51aintenanceJEkc Act 35 ILCS 635/1 et seq. or purposes of this definition,
°`_'Private Line°'_' means a dedicated non tr-affienontrafU sensitive service for a single customer
an"r a dedicated nontraffic sensitive service for a single customer that entities th 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.
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a3x3asaee_-�
Deerfield Article 9 of Chapter 19
"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, 220ILCS 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.
"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. mall wireless facilities shall also be subject to The permit rguiremcnts of Section 19
84 of this Article.
• . 1 . , . . 1 , . 1
(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. Small wireless.facilities shall also he subject ta rhe licatmn
requirements of Section 19-84 of this-Article.
(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;
(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 19-841&; 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:
(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.
To the case of small wireless facilities applications shall address all
items required by Section 19-84
(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.
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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 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 Arorolications 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.
10
(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 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 19-8485 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.
See. 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:
(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
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Deerfield Article 9 of Chanter 19
(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.
X15Property insurance for its uronerty renlacemP t costa ain t all rick
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) Conies 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."
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.
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Deerfield Article 9 of Chapter 19
(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. A utility shall also waive any claims it
MaY have against the Village with r snect to consequential, incidental, or special dams
owever caused, based on the theory of liability.
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:
(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
13
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.
(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
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4594793000
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. 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 pennittee'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;
15
(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,
(d) Ston 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. Chanee 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:
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Deerfield Article 9 oT Chaot r 19
(1) Standard Specifications for Road and Bridge Construction;
(2) Supplemental Specifications and Recurring Special Provisions;
(3) Highway Design Manual;
(4) Highway Standards Manual;
(5) Standard Specifications for Traffic Control Items;
(6) Illinois Manual on Uniform Traffic Control Devices (92 Ill. Adm. Code§
545);
(7) Flagger's Handbook; and
(8) Work Site Protection Manual for Daylight Maintenance Operations.
(b) Interpretation of Municipal Standards and Principles. If a discrepancy exists
between or among differing principles and standards required by this 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 emergency repairs pursuant to
Section 19-83 of this Article, the utility shall provide such notice as is practicable under the
circumstances.
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Deerfield Article 9 of Chant r 19
(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 Im acct. 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
(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;
IF
(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
(iii) 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.
(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:
19
(i) It has a minimum vertical line clearance as required by ICC's rules
entitled, "Construction of Electric Power and Communication
Lines" (83 111. Adm. Code 305);
(ii) Poles are located within one (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.
(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
20
on such right-of-way, nor shall such facilities limit the visibility of vehicular
and/or pedestrian traffic within such right-of-way.
i(f) Facilities Installed Above Ground. Above ground facilities may be installed only
f:
(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.
(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
21
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.
(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.
Cil Small wireless facilities shall be suhir t to the additional rea uirement of
Section 19-84 and the SWE Act_
Sec. 19-79. Construction Methods and Materials.
(a) Standards and Requirements for Particular Types of Construction Methods.
(1) Boring or Jacking.
22
(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.
(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
23
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) Backfilline.
(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 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
24
unforeseen before the time of the reconstruction or resurfacing or
unless a pavement cut is necessary for a J.U.L.I.E. locate.
(5) Encasement.
(i) Casing pipe shall be designed to withstand the load of the 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.
(iv) 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
25
(b) Standards and Requirements for Particular Tunes 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.
(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;
open trench with vented encasement between ultimate ditch lines or
toes of slopes, but only if prior to roadway construction;
26
(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.
(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
27
Deerfield Article 9 of Chapter 12
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.
(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 50/1 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 Reouired. 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
28
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
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 Wig 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;
29
(3) If the facility was constructed or installed without prior issuance of a
required permit in violation of this Article; or
(4) If the facility was constructed or installed at a location not permitted by the
permittee's license or franchise.
(c) Emergency Removal or Relocation of Facilities. The 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.
See. 19-83. Maintenance and Emer¢encv 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:
(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
30
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) Emereencv 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-R4. Small Wireless Faciliti
Purpose. The purpose of this Section is to establish standards for the location
installation, and maintenance of small Air 1 ss facilities in compliance with the Illinois Snuff
Wireless Facilities Deployment Act' and Villae_e standards Small wireless facilities shall h
iect to the reapirementc of thisSection, this Article,and federal laws
LW Mnitions, Words or phrases in Chic Se tion that are not defined tihh
Subsection (b) or in Section 19-65 shall have the meanings ascribed to them in the r1r
Small Wireless Facilitie Deployment A_ t The following words and nhra h rh
meanings ascribed to them:
"Antenna" — Communications cquipment that transmits or receives
ectromagnetic radio frequency signals used in the provision of wireless
services.
"Collocate" or "Collocation" — To install, mount maintain modify operate
r replace wireless facilities on or adjacent to a wireless upport tr ueture or
utility Hole.
"Micro Wireless Facility" — A small wireless facility that is not lar r in
dimension than 24 inches in length, 15 inches in width and 12 inches in hei ht
and that has an exterior antenna if any nn longer than 11 inches
"_ R_ight-of-way" or "ROW" — For the purposes of collocation of small wireless
facilities, mean the area on, below, or above a public roadway, hi hwaL
50 ILCS 835/1 etc a
31
a3x3793ee 0
Deerfield Article 9 of Chanter 19
street,
public sidewidL
alley,
or utility casement dedigated-fQLmanalible
use,
and does
"Small
not include
Wireless Facility"
village
-owned aerial lines
or " SWF" A wireless
facility
that meets
both of
e following
qualification
: (i) each antenna is located
inside
an enclosure
of
no
ore than 6 cubic
feet
in volume or, in the case
of an
antenna
that has
.exposed
animaginary
elements,the
enclosure
antenna
of
and all of i s xnoced
no more than 6 cubic f
elements
• and (ii)
o uld
all other
fit within
wireless
equipment
attached
directly
to a utility pole associated
s.;+h +fin
f 'l'ty i
muladyely
no more
than
25 cubic feet in volume,
The
following
upes o
associated
ancillary
cquillment
are not included
in the
c 1
elation of
eauipme_nt
marcation
volume: electric
box ground-based
meter. concealment elements,
ruclosuicts, grounding
tel
. omm
equipmenL
unications
power
transfer
switch, cut-off
switch,
and vertical cable
r unc for
the connection
of
power
" WE
and other service
Act" — The Illinois
Small
Wireless Facilities
Deployment
Act,
en I r
R35/1
"Utility
communications
"Wireless
et sea.
Pole" — A voic
service
ora somilar f
Facility" —
or similar
provider
m tion
Equipment
structure that is used
or for electric distribution_
at a fixed location
in .ihole
that
or
lighting.
enables
in par by
traffic
wireless
communications
including
transceivers,
supplies,
figuration,
facility
which
fiber optic
between
(i) eauinment
antcunas,
and comparable
wirelus
does not include
the eauinment
cable that is
user
associated
coaxial
facility
the
is collocated
between
eapipm nt and a
with wireless communications
or flb r-ogtic cable. -regular
equipment. regardless
includes small wireless
structure or improvements
qLaireline backhai
Air l cc culiport struoures
communications
facilities,
on_
l facilities,oaxial
and
and backup
of t chnolo
—under,
or glibly
neh�ork
(iii radio
power
ica
Wireless
or withi
or
poles or
.coaxial,
or fiber optic
cable
that is -otherwise not immediately
adia
ent to or
directly
"Wireless
associated Yd
Infra tructure
h an antenna
Provider"
— Any, entity
—authorized
to
provide
telecommunications
service
in the State that builds
or
installs
wirel cc
Communication
transmission
eaujymmt, wireless facilities,
wirelessunDort
structures
or utility poles
and
that is not a Wireless
Services Provider
b t i
acting
as an agent or
a contractor
for a Wireless
Services
Provider
for th
application
"Wireless
submitted
Provider"—A
to the
wireless
Villa e
infractruct fire provider
or
a wireless
services
"Wireless
Services" —
Any services
Provided to the gm
ml
ublic incluin
a
particular
class of customers,and
made available
on a nondiccriminator.
basis using
licenced or
unlicensed
spectrum_ whether
at a
fixed location or
mobile
using wireless _facilities
32
"Wireless Servoces Provider" An -entity that provedes wireless
"Wireless Support Structure" —A freestanding structure such as a Ipnnon..ie•
tower, either guyed or self-snnnorting•_ billboard",r other existing
proposed structure designed to support or capable of supportong wireless
facilities. "Wireless support strueture" does not include a Itilifx i
31— '' i U' 1 _ ' I \ FWAIAM to e sTM MIFIl
1' iS1•fi Thi 1 I I I ) L 1 1 1 1 1 I 1
_• IL l o- . 1' I1.. 11 11 1 ).• 1 1 1 ' 1 ♦ I ._ I I
Il _. I .. 1. 1' 1 1. 1' ! I JI: t 1. :J_I I' 1 1 t 11 1 _1 1 111 ' 1• .
mor I I I• 1 Iqlwqktyl I ems11_I I L e I ITITIMITU
eTINUTA7M WTIM rM liquilvallI 1•
1
Descrijition, A desc iDdftT-:11 I•I LII I
.provider's J' ♦_ located • 11 the'
Ucation, Photographs,The I _ I I where: J proposed small
photographs of thelocation and 1 11 1' depicting the utifty
poles or _ on which each proposed 11 . .
would 1 1' mountad1 1 location where a utility pole would 1 1'
1 1
Li
h all applicable size and location
Structural Analysi A its suecific
standards,
Ar ctural analysiS
for each location
by a licensed professional structural
engineer
as well as any make--
ready analysis for a Village utility
pole that incl
Idea addressing the
acceptability of the site for factors
such as pole_
loading from existing
ufflity eauipment and conductors a
well as the
small wireless facility
¢
auipment Model Numbers. The equipment
type
and model n Imbers
or the antennas and all other wireless
equipment
a ociated with each
7
proposed SWF.
Number The total number of SW
Fs thei
s e' es provider
cstimates it will seek within the Villa
e
33
[a
Proofof Insurance. II of injuranttI _ of the types and
amount set f1_ I n Section
111 1 . Compliance. 1, .
I 1 1 1 •, SWE comptieswith SubSgction 15(d)(6) of the SWF Act and
CUI Application Fees. —An
Annual Resolution.application
__ Owner,Co-Owner Certification.11 fronLthe owner or co-
oyner
re that the owne =
1 1 1 ,1.1 1 IJP �I..the utility pole 1
wireless „ support
♦ 1_:_11 Mf 11.s. 11_MMMM ♦ I I1' 1 I 1 1 1- ♦ 1 1'
_ 1 1♦_ 1'_ 1 1 _ 1 11' l- 1 1 � 1 ♦ 1 I I 1' I I' 11. ' 1'
LIJ ardpilrd-u III LWO14 Lij1 : 11 IJ Old P, • 1 1 Ru I al I MY 141 4 it PRO11) M11
-3�- Approvals; permits duration The Director of Public Works and
Engineering will approve an application and issue a permit if it meeta
1 requirements of the SWF Act and applicable Municipal Cadp
requirements. All collocation under the permit MuSt be complet d
3yithin 180 days after issuance of the permit unle s otherwise m ut wally
agreed or for reasons authorized under the WF Act, A permit is valid
for five years.
41� Renewal When the n rmit expires the Village will renew the permit
except if the Village determines the SWF does not conform to any
application federal state_ or local c de or regulation The wireless
provider must provide all reports,plans and other documents and dat
necessary for the Villa a to determine conformance of the SWF.
34
�5 Denial,The Director of Public Works and EngineciCing will deny a
application if it does not meet all r a lir m nts of the SWF Act and
applicable requirements of this ode The Director of Public Work
and Engineering w'1 notify the applicant of the denial and the reason
or reasons for the denial
t4 Extensions of time. The time period for applications may he tolled by
xpress written agreement of the applicant and the Village or a local,
state, or federal disaster declaration or similar emergency that causes
jM Guidance on CWF Locations, Ba ed on various factors including,
ers, public safety- existing utilily poles and Airelm facilities, and mlmfiaLAdverse
impacts, the applicant must consider collocation in thm-locations, with the items listed fro
most preferable to least preferable:
A'
Public Utilities'Poles, Y 12oleLaAacd or 1. I. • 1•! by ComEd 1
other public
(2) Village Poles, 1 tl-•1 utility_11 other 1: 1lightpoics 1
11: 1 (whether n' 1- to 1' installedin the Ulawing order 1
parkingpriorill: (i) within an arterial street right-of-way, (ij) 3yithin a
lot or on other 1 I1'M related Q_a gQyernmental or institutional
and . 1. n a collector street r*2hL-Dj-jya-v.
Eriyateiy Owned 1 ' / ' I JI 1i poles,t only -in
1 1.
I� ! 1 1 1 1• JQ .— .
Village LightPolts. Yillage-owned light poles or standardq(whether
-
existing or to 1' installed) in the I I. 1' priority- _ within a 1 artereal
stree—tr—*ght-of-way,- —(ii) w*thin a parking lot or on other properly
rclated to a goyernmental or Onstitutionaland within
collector J. 1 —
her Poles. Utilify-poles,regardless of ownership, located in _ rear
yard (or abuttingsAskmnt) of an -y residential dwello
a
ecorative
utility
Doles- concealment
of SWF, If the Director
of Public Work
and Engineering
verse impact
determines that
on the abutting
a SWE propos
area unless the
d by the applicant would
SWF is collocated on a decorative
have an and a
Dole or -hs
concealed, then the
Director of
Public Works
and Engincering may require
as a condition
of approval
of that
SWE a decorative utility
pole or concealment The Director
of Public
Works and
Engineering
or a designee
may meet
with the applicant to determine
the plans
or the SWF
under
that circumstance
If an agreement
on plans cannot be
ached then the
Director of
Public
Works and
Fngineerilig may
deny the permit for that
proposed SWF
-Without limiting
the
applicability
of this provision
to other areae in the Village
the Ping re
as determined
that
any SWF proposed
to be located
in the 1 Village Center
District mu
e consistent
with the
Deerfield
Streetscape Plan
approved in 2000 (Phase I)
—9
2002 (Phase
I). as it may
be modified
by the
Village from
-and
time to time.
a
JW Prohibited Locati ns. SWFP are nrohibited
-ey—
Residential it s O,i o, , a residential
district ii• 'e Yillage's — ,_ fi, property Ordinance,
a) Private Property- n any privately -owned property except with the
approval of the VWa=
0 Government Property, On any proputy owned or controlled by a unit
of local government that is not located within rjghjL-qL-=wAy=,excW
with the permission of the local -gayernment and approval of the,
Poles with Equipmcni. On any utility 12ole that includgs equipment
such as capacitor banks, transformgrs, cable terminals, cablt-d&m
or desconneM
NVA141 I oAl illsi
to
a_SWF will
be collocated
may not exceed the higher
of (a) 10 feet in
eight above
the tallest
existing iltility pole other than
a utility pol
sup.porting
only -wireless
facilities that is in ulace as
of the date the
application
is submitted
to the Villa a that is located within
300 feet o
the new or
that is in the
replacement
same ri
utility pole or wireless support
ht of way within the Village, or
structure and
(b) 45 feet above
ground level.
No SWF
installed _ n a new utilitLmDle
or wireless
ummort structure
may
extend above that 45 foot hei ht
091 Nen Utility
Pole I oration
No new utility liole may bt
constructed for
SWF within
100 feet
of an.aisling utility pole that the
anplica t
use on reasonable
tgrms
and conditims and without
ane technical
limits or undue
additional
costs
JU C!2lQr. Antennas and eauipment cabinets must be in colors harmonious with
and that blend with the natural features, buildings and tractors acro -iding such antenna
36
#5934300v3
lMounting
Strength
The strength
and uffic►encv of th
cMpport
structure, and the
mounting
of the
antenna and rejajtd_gQujDMML
must be
verified
and
stamped by a licensed
structural engineer
on the
2
drawing
uv Wires
required
Prohibited.
under
Subsectoon 19-R4(dl.
No guy wire oro
her support wires
may be used
in connection
with
a SWF
antenna or
its related equipment
except fpr
preexisting
guy
wires
or other.suppal
wires on a ore xi tin
WAr les
Support
Grounding:
Structure,
A SWF
antenna
and related
structure must he
bonded to
4
aground
mergence
disconnect.
Lighting,
rod
Disconnection
No SWF
may
A SWF.antenna
he lighted
must hay an
unless rnnnired by the
em rgency
Federal
¢
viation
jurisdiction
Signs and
Administration
and
Advertising.
a rthori
or other
v
Unless required
federal or stat a
by federal or state lay
encu wit
or by a
rule of
ority,
a federal
no markings,
or
signs, or admertising
agency wjth i uri di
of any kind may
tion an
be placed
an any
WF component
except unobtrusive
identification
or locatio
Building
Codes and
Safety
Standards,
A SWF mut m t or
exceed (1)
all requirements
wilding
codes and
of this
electrical
ode (2) all
codes Pil
-Qther applicablelocal
and indust standard
and tat
$
Rmlatory
Compliance
Each SWF and
wireless facility must meet
exceed
current
standards and
regulations of the
Fed ra
Communications
Commission
tbr Federal
Aviation Administration
d any
other federal
or
state agency
with i uri dictjon and authority
Utility
worker
afety.
Prior to
the comm ncement
of SWF
construction
the
wireless
provider must
provide the Village
with any
required
safety precautions
for individuals
working on or
near the
SWF. If
refresher
training
personal protective
equipment or
tools au
rg(juired
for safety
purposes
related to
a SWF collo ated on
a Village-
illa e37
37
111 11 • 1 1 1 I Imo.' 1 1'-- ,' 1 J
_ 1 ' 1 •! 11 _ 1 1 1� 11
W Collocation on Village utility poles,
1. 1 1 11 ! J 1 1 _ J 1 1 1 I•
e I. 1_ 1 1 1 I ♦ 1 1 1 1 � _ � 11 I
' 1 1 ♦ WAIALUIR VW%m 11 Ill]INVEWITITO am, • 1
_ 11 1!__ II '.I 1 1 IILJI.'1 II'1. 1 _ ♦ 11.. 11
1 MIMII ♦ 1 11
'111 :111.11:1'1.1'1 ! IIIIi 1'•11•_•1_
. 1 1 1 MV -1-1. M r-kAr1F.-
LW SAF Equipment Replacement The wireless provider must notify the Village
at least 10 days prior to a planned equipment replacement and proYidg the equipment
specifications The replacement equipment must het the same size and/or &MalLtr than the
original installation
LW Right -Of -Way Permit The wireless provider must steure a permit for any
.cliyities in the right-of-way that affect traffic patterns or repuire lane closurM
W-:3
f1 �1 - I ♦ 1 1 1 II' I1. 1 �
MiNnUMNTNTHlif 1 ' 1
e �_! _ 1 1_ 1_ , I ) I .. 1. _ 1! I♦ 1 1 1'
I 1.. ♦..1 � I I _1 -'\ 1 I I 11 1 e l l l
F11Talff
♦
1 (OrmW11MIAMILIPI 11 1 J'
1 I 1 1 _
I-
I 1 1' 1" 1' !♦ S' 1 11 1 ' J 1 _
1'.1 1 1!'♦_11 __JJ. 11_11♦'--1'1.1♦1 I
11 _ 11 ♦ 1' 1 1 I_ _ 11 1' 1 1 ' 1' I
_ 1 e Il 1 1 11 I ♦ 1 1 1 1 ! ' 1.MWIRVI.
143MOMMIUs—• I I 11I' _' 1 1 1 I 1 1 11 ' 1 1'
1 1 1_' I1. I L e l l' 1 1 I ♦ 1 1� l e 11 1 - 1 1 1 1 1
11'4_ 1 I I♦ 11.1 _\ 1 II 1 .1'11
w
39
mpuntrof eauipment
Spacing.
located
Every wireless
in right-of-way
provider
mut compLy
with spacin
tcquirements
in this
Section or any other
applicable
-Municipal Code
or ordinance
concerning
the location
of ground mounted
equipment
located in the
right-of-way.
A wireless
provider
may appy
y for a
5
variation of
ndergrounding.
a spacilig
Every
reg lirement
wireless provider
mut
comply with al
Municipal Codes
and
g Mations regarding
Inderoroundino
of utilities
and facilities
that prohibit
installation
of new, or
modification of
existing, utility
poles in
a right-of-way.
A wireless orovid
r may apply
for a variationan
General Village
under
St ndards.
grounding rea
Every wirdess
lireme t
provider
must compiy with
generally applicable
Village standards
for construction
and public
s fete in the
rights -of
--way, including,
without limitation.
wirin and
cabling requirements
grounding requirements,
utility
pole extension
eguirements,
and si
n restrictions.
Every wireless
provider musi
39
_ I _ 1 ♦ 1 1 1iq M -1-11M
1 1 I e M FINMMMM 9 UNA WO 11I
LUI Indemnification Every wireless provider must indemnify the Vinaun
as provided in Section 19-72 of this Article
Ws Installation and maintenance of WI1r ?ss facilities. Each wireless provider
nMt construct install and maintain all wirel sS facilities in accordance with the standards
set forth in this Article
Sec.19-85. ce.z9-84.-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.
M
comply
surface
withaILYW1a9c
area 1 1
height 1 of Wireless
Mulations1
Facililics
1 11
and
the location,
the abandDnn=nLajjd
_
removal
Poles
forl
of SWFs.
DiMribution,
\1
1irgjkas-Services
ftayiderll,
collocate
1 _Qna
Village_x_11_'
1:
iiart
electricity
1
sa-fr
'zone1
1.
1 1 or transmissijQn—w-stem
1
1 1 1
Le elecir
♦ 1.
"cupply
! 1.'
1
zone1theutility
_I
II 11..1.
1 I ♦ 1
exceptle
located
the
top of
the antenna
1 thecommunicationsspace11
the utility
AULIA=Ort1_
Pole
no other
111'.1
1'Yi1lage's
y 11
1
utili_► I
available
_pole.
may1•
I LI_
a1 1
11.
I. '
Aireless
top
of
provider
the utility
s with:
wle,
1_1
The
1
terms
/1
"communkidau—Mam!
for
♦
IL.
haye
1
11niestiOn
the
Safety
meanings
Codes._
warker\
1 1 : 1'
I
1 1 1'
National
_1
LI"electric
1 1'_
'
must
Sunplyzone"shall
'b
comply_
11•
apjIlicable
regulationsthat
Decorative,I
State,-
cmurn
County,
I
andconcealMent
and
1
Munid".02du,
\
nces,
and
provider
standards
• I I
1_Concealment11
. 1standards
must♦
for I
1
I
regard
1.'Village'se
►
1'
:1 A_.
poles,
1
Iconcealment,
district
and
1regarding
Ie
/ 1 :J
—_
Yi1jagc's
J.1
- - 1 ' 1
1,
1 Mstoric-
I
_ I _ 1 ♦ 1 1 1iq M -1-11M
1 1 I e M FINMMMM 9 UNA WO 11I
LUI Indemnification Every wireless provider must indemnify the Vinaun
as provided in Section 19-72 of this Article
Ws Installation and maintenance of WI1r ?ss facilities. Each wireless provider
nMt construct install and maintain all wirel sS facilities in accordance with the standards
set forth in this Article
Sec.19-85. ce.z9-84.-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.
M
(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
(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 44fig Irl irector of Pnhli
Works and Engineerong 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. 19-86. See. 49-✓. 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. 19-87, Seems 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. 19-88, See 19 97 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.
41
N°°�v;
eerfield Article 9 of Chapter 19