O-00-15ORDINANCE NO. 0 -00 -15
AN ORDINANCE AMENDING THE MUNICIPAL CODE
OF THE VILLAGE OF DEERFIELD OF 1975 TO PROVIDE
FOR REGULATIONS GOVERNING CONSTRUCTION WORK
WITHIN THE RIGHTS -OF -WAY BY UTILITY PROVIDERS
Published in pamphlet form this
17thday of April , 2000
by the President and Board of
Trustees of Deerfield.
SBQ 266710 Q April 17, 2000
ORDINANCE NO. 0 -00 -15
AN ORDINANCE AMENDING THE MUNICIPAL CODE
OF THE VILLAGE OF DEERFIELD OF 1975 TO PROVIDE
FOR REGULATIONS GOVERNING CONSTRUCTION WORK
WITHIN THE RIGHTS -OF -WAY BY UTILITY PROVIDERS
WHEREAS, Utility providers from time to time present proposals to the Village of
Deerfield for the location of facilities within the rights -of -way of the Village of Deerfield; and
WHEREAS, the Village of Deerfield as a home rule municipality is permitted to regulate
its rights -of -way through the application of the Constitution of the State of Illinois; and
WHEREAS, the Village of Deerfield desires to regulate the location and installation of
utility facilities within the rights -of -way and to establish procedures related thereto.
NOW THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS
AS FOLLOWS:
SECTION That a new Article 9 be included as part of Chapter 19 of the Municipal
ONE: Code of the Village of Deerfield of 1975, as amended, as follows:
THE DEERFIELD MUNICIPAL CODE ADOPTED IN 1975 IS HEREBY
AMENDED BY THE ENACTMENT OF A NEW ARTICLE 9 TO BE INCLUDED
AS PART OF CHAPTER 19 REGULATIONS GOVERNING CONSTRUCTION
WORK BY UTILITY PROVIDERS WITHIN THE RIGHTS -OF -WAY
ARTICLE 9 Regulations Governing Construction Work within the Rights -of WaX
Sec. 19 -64 REGISTRATION; PERMITS
(a) Annual Registration Required:
Every utility including telecommunication providers that occupies right -of -way within the
Village shall register on January 1 of each year with the Village Engineer, providing the utility's
name, address and regular business telephone and telecopy numbers, the name of one or more
contact persons who can act on behalf of the utility in connection with emergencies involving the
utility's facilities in the right -of -way and a 24 -hour telephone number for each such person, and
evidence of insurance in the form of a certificate of insurance.
SBQ 266710 Q April 17, 2000
ORDINANCE NO. 0 -0015
AN ORDINANCE AMENDING THE MUNICIPAL CODE
OF THE VILLAGE OF DEERFIELD OF 1975 TO PROVIDE
FOR REGULATIONS GOVERNING CONSTRUCTION WORK
WITHIN THE RIGHTS -OF -WAY BY UTILITY PROVIDERS
(b) Permit Application and Fees:
(i) Permit required. No person shall construct 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, 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 Village Engineer and obtaining a
permit from the Village therefor. 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.
(ii) Permit application. All applications for permits pursuant to this Chapter shall be
filed on a form provided by the Village. Said application 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) A written 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;
(4) Evidence that the utility has placed on file with the Village a written traffic
control plan demonstrating the protective measures and devices that will be
employed consistent with the Illinois Manual on Uniform Traffic Control
Devices to prevent injury or damage to persons or property and to minimize
disruptions to efficient pedestrian and vehicular traffic.
(5) 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 of the Village and
other public and private agencies having jurisdiction.
SBQ 266710 Q April 17, 2000 -2-
ORDINANCE NO. 0 -0015
AN ORDINANCE AMENDING THE MUNICIPAL CODE
OF THE VILLAGE OF DEERFIELD OF 1975 TO PROVIDE
FOR REGULATIONS GOVERNING CONSTRUCTION WORK
WITHIN THE RIGHTS -OF -WAY BY UTILITY PROVIDERS
(6) Evidence of insurance including the Village of Deerfield as additional
insured.
(7) Evidence of posting of the security fund as required by ordinance. By
execution of a Hold Harmless Clause, the utility shall save and keep
harmless the Village of Deerfield, Illinois from any loss, cost and damages,
expense or liability of any kind resulting from the issuance of said permit.
(iii) Application fees. Unless otherwise provided by franchise, license, or similar
agreement, all applications for permits pursuant to this Chapter shall be accompanied by a fee in
the amount of $200. No application fee is required to be paid by any telecommunications retailer
that is paying the municipal telecommunications infrastructure maintenance fee pursuant to the
Municipal Code or the optional state telecommunications infrastructure maintenance fee pursuant
to the Telecommunications Municipal Infrastructure Maintenance Fee Act, or by any electricity
utility that is paying the municipal electricity infrastructure maintenance fee pursuant to the
Electricity Infrastructure Fee Act.
(c) Permit Review
Village review of permit applications. Completed permit applications, containing all
required documentation, shall be examined by the Village Engineer 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 Village Engineer shall reject such application in writing stating
the reasons therefor. If the Village Engineer is satisfied that the proposed work conforms to the
requirements of the Chapter and all applicable ordinances, codes, laws, rules, and regulations, the
Village Engineer shall issue a permit therefor as soon as practicable.
(d) Effect of Permit
(i) 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 Chapter
on Village rights -of -way, and does not create a property right or grant authority to the permittee
to impinge upon the rights of others who may have an interest in the public rights -of -way.
SBQ 266710 Q April 17, 2000 . -3-
ORDINANCE NO. 0 -00 -15
AN ORDINANCE AMENDING THE MUNICIPAL CODE
OF THE VILLAGE OF DEERFIELD OF 1975 TO PROVIDE
FOR REGULATIONS GOVERNING CONSTRUCTION WORK
WITHIN THE RIGHTS -OF -WAY BY UTILITY PROVIDERS
(ii) 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, ordinance, rules, and regulations.
(e) Insurance
(i) 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 Qn 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
(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 ($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.
SBQ 266710 Q April 17, 2000 4-
ORDINANCE NO. 0 -00 -15
AN ORDINANCE AMENDING THE MUNICIPAL CODE
OF THE VILLAGE OF DEERFIELD OF 1975 TO PROVIDE
FOR REGULATIONS GOVERNING CONSTRUCTION WORK
WITHIN THE RIGHTS -OF -WAY BY UTILITY PROVIDERS
(ii) 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.
(iii) Copies required. The utility shall provide copies of any of the policies required by
this Section to the Village within ten (10) days following receipt of a written request therefor from
the Village.
(iv) . Maintenance and renewal of required coverages. The insurance policies required
by this Section shall contain the following endorsement:
"It is hereby understood and agreed that this policy may not be canceled nor
the intention not to renew be stated until thirty (30) days after receipt by the
Village, by registered mail or certified mail, return receipt requested, of a
written notice addressed to the Village Manager of such intent to cancel or
not to renew. "
Within ten (10) days after receipt by the Village of said notice, and in no event later than ten (10)
days prior to said cancellation, the utility shall obtain and .furnish to the Village evidence of
replacement insurance policies meeting the requirements of this Section.
(v) Self - insurance. A utility may self - insure all or a portion of the insurance coverages
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 Worker's Compensation Act.
(vi) 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.
SBQ 266710 Q April 17, 2000 -5-
ORDINANCE NO. 0 -00 -15
AN ORDINANCE AMENDING THE MUNICIPAL CODE
OF THE VILLAGE OF DEERFIELD OF 1975 TO PROVIDE
FOR REGULATIONS GOVERNING CONSTRUCTION WORK
WITHIN THE RIGHTS -OF -WAY BY UTILITY PROVIDERS
(f) Indemnification
By occupying or construction 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 cost of suit or defense, arising out of, resulting from or alleged to arise out of or result from
the negligent, careless or wrongful acts, omissions, failures to act or misconduct of the utility or
its affiliates, officers, employees, agents, contractors or subcontractors in the construction of
facilities or occupancy of the rights -of -way, and in providing or offering service over the facilities,
whether such acts or omissions are authorized, allowed or prohibited by this Chapter or by a
franchise, license, or similar agreement; provided, however, that the utility's indemnity
obligations hereunder shall not apply to any injuries, claims, demands, judgments, damages, losses
or expenses arising out of or resulting from the negligence, misconduct or breach of this Chapter
by the Village, its officials, officers, employees, agents or representatives.
(g) Security
(i) 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 pursuant
to the Municipal Code
(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 the Municipal
Code; 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 Chapter including, without
limitation, any damage to public property or restoration work the permittee
is required by this Chapter to perform that the Village must perform itself
SBQ 266710 Q April 17, 2000 -6-
ORDINANCE NO. 0 -00 -15
AN ORDINANCE AMENDING THE MUNICIPAL CODE
OF THE VILLAGE OF DEERFIELD OF 1975 TO PROVIDE
FOR REGULATIONS GOVERNING CONSTRUCTION WORK
WITHIN THE RIGHTS -OF -WAY BY UTILITY PROVIDERS
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 the Municipal Code or any other applicable law.
(ii) Form. The permittee shall provide the Security Fund to the Village in the form,
at the permittee's election, of cash, a surety bond in a form acceptable to the Village, or an
unconditional letter of credit in a form acceptable to the Village. Any surety bond or letter of
credit provided pursuant to this Subsection shall, at a minimum:
(1) Provide that it will not be canceled without prior notice to the Village and
the permittee;
(2) Not require the consent of the permittee prior to the collection by the
Village of any amounts covered by it; and
(3) Shall provide a location convenient to the Village and within the State of
Illinois at which it can be drawn.
(iii) Amount. The Village of Deerfield will require an estimate of restoration from the
applicant. This will be reviewed by the Village Engineer and adjusted as necessary. The dollar
amount of the Security Fund shall be an amount established by the Village Engineer for 125 % of
the estimated cost of restoration and supervision. 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 Engineer, 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 Engineer may, in the exercise of sound
discretion, allow the permittee to post a single amount of security which shall be applicable to each
phase of the construction under the permit. The amount of the Security Fund for phased
construction shall be equal to the greatest amount that would have been required under the
provisions of this Subsection (c) for any single phase.
SBQ 266710 Q April 17, 2000 -7-
ORDINANCE NO. 0 -00 -15
AN ORDINANCE AMENDING THE MUNICIPAL CODE
OF THE VILLAGE OF DEERFIELD OF 1975 TO PROVIDE
FOR REGULATIONS GOVERNING CONSTRUCTION WORK
WITHIN THE RIGHTS -OF -WAY BY UTILITY PROVIDERS
(iv) Withdrawals. The Village, upon fourteen (14) days' advance written notice clearly
stating the reason for, and its intention to exercise withdrawal rights under this Subsection, may
withdraw an amount from the Security Fund, 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 Chapter that the Village
determines can be remedied by an expenditure of an amount in the Security
Fund.
(v) 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 this Chapter. This Security Fund will be held until
the restoration is completed and accepted by the Village. Upon written request and subsequent
approval the security amount can then be reduced to 10 percent of the original value. This 10
percent will be retained for one year for parkway restoration and three years for roadway
restoration. This security will serve to pay for completed repairs to failed areas which are not
performed by the applicant.
(vi) 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 Chapter or
otherwise authorized by law, and no action, proceeding or exercise of right with respect to said
Security Fund shall affect any other right the 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.
SBQ 266710 Q April 17, 2000 -8-
ORDINANCE NO. 0 -00 -15
AN ORDINANCE AMENDING THE MUNICIPAL CODE
OF THE VILLAGE OF DEERFIELD OF 1975 TORROVIDE
FOR REGULATIONS GOVERNING CONSTRUCTION WORK
WITHIN THE RIGHTS -OF -WAY BY UTILITY PROVIDERS
Sec. 19 -65 GENERAL CONSTRUCTION REGULATIONS
(a) Requirements prior to construction.
(1) Copies of permits received from other jurisdictional agencies (including ICC
and FCC if applicable).
(2) Notification to property owners for work in easements or on private
property.
(3) Pre - construction meeting at Village of Deerfield facilities.
(4) Emergency contact sheet for use during construction.
(b) Requirements during construction.
(1) Lane closures permitted only between 9:00 A.M. to 3:00 P.M. Monday
through Friday, or 7:30 P.M. to 5:00 A.M. Monday through Friday.
(2) Hours of work per Village of Deerfield Municipal Code: 7:30 A.M. to 7:00
P.M. Monday through Friday, 8:30 A.M. to 5:00 P.M. on Saturday. No
work permitted on Sunday.
(3) Notice of at least 48 hours prior to beginning work when driveway or
entrance access will be partially or completely blocked.
(4) Directional boring will be used as much as practical to reduce restoration
and disruption.
(5) Trench excavations will be backfilled or secured on a daily basis.
(6) Plating of roadway excavation must be flush and level with the adjacent
pavement or, if laid on top of the roadway, they must be ramped, with
asphalt. In all cases, the sound of the roadway plates must be muted.
(7) Roadway excavations cannot be plated between November 1 and April 1.
SBQ 266710 Q April 17, 2000 -9-
ORDINANCE NO. 0 -00 -15
AN ORDINANCE AMENDING THE MUNICIPAL CODE
OF THE VILLAGE OF DEERFIELD OF 1975 TO PROVIDE
FOR REGULATIONS GOVERNING CONSTRUCTION WORK
WITHIN THE RIGHTS -OF -WAY BY UTILITY PROVIDERS
(8) JULIE locating flags and /or construction lath must be removed as soon as
it is no longer needed and disposed of properly.
(c) Requirements after construction.
(1) The Village of Deerfield reserves the right to televise all sewers crossing
or adjacent to the utility installation to confirm that there has not been any
damage. The cost of this procedure and the cost of any repairs will be
borne by the utility.
(2) As -built drawings must be submitted to the Village of Deerfield within 90
days of project completion.
Sec. 19 -66 REMOVAL, RELOCATION OR MODIFICATIONS OF UTILITY
FACILITIES
(a) Notice. Within ninety (90) days following written notice from the Village, a utility
shall, at its own expense, temporarily or permanently 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 improvements 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;
SBQ 266710 Q April 17, 2000 _10-
ORDINANCE NO. 0 -00 -15
AN ORDINANCE AMENDING THE MUNICIPAL CODE
OF THE VILLAGE OF DEERFIELD OF 1975 TO PROVIDE
FOR REGULATIONS GOVERNING CONSTRUCTION WORK
WITHIN THE RIGHTS -OF -WAY BY UTILITY PROVIDERS
(3) If the facility was constructed or installed without prior issuance of a
required permit in violation of the Municipal Code; 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 Village Engineer 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 -67 CLEANUP AND RESTORATION
The utility shall remove all excess material and restore all turf and terrain and other
property within ten (10) days after any portion of the public rights -of -way are disturbed, damaged
or destroyed due to construction by the utility, all to the satisfaction of the Village. This includes
restoration of entrances and side roads. Restoration of roadway surfaces shall be made using
materials and methods approved by the Village Engineer. Such cleanup and repair may be
required to consist of backfilling, regrading, reseeding, resodding, or any other requirement to
restore the right -of -way to a condition substantially equivalent to that which existed prior the
commencement of the project. The time period provided in the Municipal Code may be extended
by the Village Engineer for good cause shown.
SBQ 266710 Q April 17,2000 -11-
ORDINANCE NO. 0 -00 -15
AN ORDINANCE AMENDING THE MUNICIPAL CODE
OF THE VILLAGE OF DEERFIELD OF 1975 TO PROVIDE
FOR REGULATIONS GOVERNING CONSTRUCTION WORK
WITHIN THE RIGHTS -OF -WAY BY UTILITY PROVIDERS
Sec. 19 -68 PERMIT SUSPENSION AND REVOCATION
(a) Village right to revoke permit. The Village may revoke or suspend a permit issued
pursuant to this Chapter for one or more of the following reasons:
(1) Fraudulent, false, misrepresenting, or materially incomplete statements in
the permit application;
(2) Non - compliance with this Chapter;
(3) Permittee's physical presence or presence of permittee's facilities on, over,
above, along, upon, under, across, or within the 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 Chapter stating the reason or reasons
for the revocation or suspension and the alternatives available to permittee under this Section.
(c) Permittee alternatives upon receipt of notice of revocation or suspension. Upon
receipt of a written notice of revocation or suspension from the Village, the permittee shall have
the following options:
(1) Immediately provide the Village with evidence that. no cause exists for the
revocation or suspension;
(2) Immediately correct, to the satisfaction of the Village, the deficiencies stated
in the written notice, providing written proof of such correction to the
Village within five (5) working days after receipt of the written notice of
revocation; or
SBQ 266710 Q April 17, 2000 -12-
ORDINANCE NO. 0 -00 -15
AN ORDINANCE AMENDING THE MUNICIPAL CODE
OF THE VILLAGE OF DEERFIELD OF 1975 TO PROVIDE
FOR REGULATIONS GOVERNING CONSTRUCTION WORK
WITHIN THE RIGHTS -OF -WAY BY UTILITY PROVIDERS
(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) Stop work order. In addition to the issuance of a notice of revocation or
suspension, the Village may issue a stop work order immediately upon discovery of any of the
reasons for revocation set forth with 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 -69 PENALTIES
Any person who violates, disobeys, omits, neglects or refuses to comply with any of the
provisions of the Municipal Code shall be subject to fine in accordance with the penalty provisions
of the Municipal 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 the Municipal Code. 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 apportionment of the Village. Sanctions may be imposed upon a utility that
does not pay the costs apportioned to it.
Sec. 19 -70 CHANGES OF OWNERSHIP OR OWNER'S IDENTITY OR LEGAL
STATUS
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.
SBQ 266710 Q April 17, 2000 -13-
ORDINANCE NO. 0 -00 -15
AN ORDINANCE AMENDING THE MUNICIPAL CODE
OF THE VILLAGE OF DEERFIELD OF 1975 TO PROVIDE
FOR REGULATIONS GOVERNING CONSTRUCTION WORK
WITHIN THE RIGHTS -OF -WAY BY UTILITY PROVIDERS
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 Chapter, with respect to the work and facilities in the right -of -way.
Sec. 19 -71 CONFLICT
To the extent there is a conflict between this Article and any other provision of the Code,
this Article shall prevail.
SECTION That the Village Clerk is hereby directed to publish this Ordinance in
TWO: pamphlet form.
SECTION That this Ordinance shall be in full force and effect from and after its
THREE: passage, approval and publication as provided by law.
AYES: Harris, Ragona, Rosenthal, Seiden, Swanson (5)
NAYS: None (0 )
ABSENT: Heuberger (1)
PASSED: This 17th day of April , A.D., 2000.
APPROVED: This 17th day of April , A.D., 2000.
VILLAGE PRESIDENT
ATTEST:
VILIVAGE OF CLERK
SBQ 266710 Q April 17, 2000 -14-