Title VII
TRAFFIC CODE
Chapters:
70 Traffic Regulations
71 Traffic Schedules
72 Parking Regulations
73 Parking Schedules
74 Enforcement of Traffic Code
75 Regulation of Encroachment on Public Right-of-Way
76 Excavations
77 Snow Emergencies
78 Construction of Utility Facilities in the Public Rights-of-Way
Chapter 70
TRAFFIC REGULATIONS
Sections:
70.001 Scope.
70.002 Definitions.
SIGNS AND SIGNALS
70.005 Obedience to signs and signals required.
70.006 Defacing, injuring signs or signals.
GENERAL REGULATIONS
70.010 Speed limits.
70.011 School street closings.
70.020 Seasonal weight restriction on Riverton Road.
70.021 Exceptions.
70.022 Signs.
70.023 Penalty– Enforcement.
70.024 Damage to Riverton Road caused by overweight vehicles.
70.999 Penalty.
70.001 Scope.
Chapters 70 to 73, inclusive, shall be known as the "Riverton Traffic Code" or as the "traffic code." Where a section of the traffic code is followed by a reference to the Illinois Revised Statutes, such reference indicates that the section is analogous or similar to such Revised Statutes section.
The provisions of the traffic code are intended to apply to all traffic and to all operators not specifically excepted.
The provisions of the traffic code shall in no way limit, alter or otherwise affect the civil or criminal responsibility of any person under the statutes for the State of Illinois.
The provisions of the ordinances contained in Chapters 70, 71, 72, 73 and 74 of the code of the Village of Riverton, Illinois, are hereby enacted pursuant to the provisions of Illinois Revised Statutes, Chapter 95 1/2, Sections 11-207 and 11-208, and Illinois Revised Statutes, Chapter 24.
(Ord. 83, passed 7-7-52; Amending Ord. 74-003, passed 3-19-74).
70.002 Definitions.
For the purpose of this title the following words and phrases shall have the meanings respectively ascribed to them:
(A) "Driver" means any person who is in actual and physical control of a vehicle.
(B) "Intersection" means the area embraced in the prolongation of the property lines of two or more streets which join at an angle whether or not such streets cross.
(C) "Motor vehicle" means every vehicle which is self-propelled.
(D) "Park" means to stand a vehicle whether occupied or not, for a period of time greater than is reasonably necessary for the actual loading or unloading of persons.
(E) "Property line" means the line marking the boundary between any street and the lots or property abutting thereon.
(F) "Roadway" means that portion of a street designed or ordinarily used for vehicular traffic.
(Ord. 83, passed 7-7-52).
70.005 Obedience to signs and signals required.
It shall be unlawful for the driver of any vehicle to disobey the instructions of any traffic sign or signal placed in view by the authority of the president and board of trustees of the village or in accordance with the laws of the State of Illinois. All signs established by direction of the president and board of trustees of the village shall conform to the state standards for traffic signals.
(Ord. 83, passed 7-7-52). Penalty, see Section 70.999 (A).
70.006 Defacing, injuring signs or signals.
It shall be unlawful for any person to deface, injure, move or interfere with any official traffic sign or signal.
(Ord. 83, passed 7-7-52). Penalty, see Section 70.999 (A).
70.010 Speed limits.
The speed limit for all vehicles (as that term is defined in the Illinois Vehicle Code) within the corporate limits of the village shall be thirty miles per hour, except:
(A) On Riverton Road, where the speed limit shall be thirty-five miles per hour; and
(B) In the following locations, where the speed limit shall be twenty-five miles per hour:
Johnson Lane
4th Street between 3rd Street and Johnson Lane
Bice Lane between 5th Street and 4th Street
5th Street between Lincoln Street and Bice Lane.
(Ord. 75-008, passed 7-15-75: Ord. 99-052, passed 12-20-99; Ord. 2007-012, passed 5-7-07). Penalty, see Section 70.999 (B).
70.011 School street closings.
(A) The street closings set forth below are hereby approved between the hours of seven a.m. and four p.m., Monday through Friday, excluding holidays:
SIGNS AND SIGNALS
GENERAL REGULATIONS
| Street | Between |
| Washington Street | Sixth Street and Seventh Street |
| Sixth Street | Jefferson Street and Washington Street |
(B) The Riverton Unit School District No. 14 shall be responsible for seeing that adequate barricades and warning signs are placed at the appropriate street corners to protect the public. In addition, the Riverton Unit School District No. 14 shall be responsible for seeing that said barricades and warning signs are removed at the appropriate times.
(C) Any person traveling or operating an authorized vehicle on the aforesaid stated streets during the times set forth in subsection A of this section shall be deemed in violation of this section and subject to penalties set forth in Section 70.999.
(Ord. 82-001, passed 1-5-82).
70.020 Seasonal weight restriction on Riverton Road.
(A) During the time period of January 15th through April 15th of any year, it shall be unlawful, except as set forth in Section 70.021 of this code, to operate any vehicle (as defined in the Illinois Vehicle Code) on Riverton Road within the corporate limits of the village when the weight of such vehicle, together with its load, exceeds fifteen tons (thirty thousand pounds).
(B) Parking or possessing a vehicle in a location which could only be reached by operating the vehicle in violation of subsection (A) of this section shall be deemed a violation thereof.
(Ord. 99-053, passed 12-20-99).
70.021 Exceptions.
The weight limitation set forth in Section 70.020 shall not apply to school buses, moving vans or garbage trucks in the service of a village resident or business located in the village; to state, county or municipally owned vehicles, or vehicles used in the maintenance or repair of streets or utilities within the village; nor to vehicles making deliveries of goods to persons or businesses located within the village when no alternate route is available.
(Ord. 99-053, passed 12-20-99).
70.022 Signs.
Signs conforming to the requirements of the Illinois Department of Transportation giving notice of the foregoing seasonal weight limitation shall be posted on Riverton Road where it intersects the east boundary of the village and on its western terminus at Seventh Street.
(Ord. 99-053, passed 12-20-99).
70.023 Penalty– Enforcement.
(A) Any police officer having reason to believe that the weight of a vehicle and load is unlawful shall require the driver (or owner, if the vehicle is parked) to stop and exhibit evidence of the gross vehicle weight of the vehicle. If the gross vehicle weight exceeds fifteen tons, the officer may issue a citation for violation of this section. If the gross vehicle weight is less than fifteen tons, but the officer has reason to believe that the weight of the vehicle and its load together exceed fifteen tons, then the officer may require the driver or owner to submit to a weighing of the same either by means of a portable or stationary scales. If such scales are not available at the place where such vehicle is stopped, the police officer shall require that such vehicle be driven to the nearest available scale that has been tested and approved by the Illinois Department of Agriculture.
(B) Any person violating Section 70.020, 70.021, 70.022 or 70.023A of this code, whether by violating the weight limitation herein or by refusing the lawful order of a police officer to submit to a weighing of a vehicle, shall, upon conviction thereof, be subject to a fine of not less than two hundred fifty dollars nor more than seven hundred fifty dollars.
| Street | Stop at |
| Going north on Sixth Street | Washington Street |
| Going south on Sixth Street | Jefferson Street |
| Going north on Fifth Street | Jefferson Street |
| Going south on Fifth Street | Jefferson Street |
| Going north on Fourth Street | Jefferson Street |
| Going south on Fourth Street | Jefferson Street |
| Going north on Tenth Street | Adams Street |
| Going south on Tenth Street | Adams Street |
| Going south on Tenth Street | Washington Street |
| Going east on Washington Street | Sixth Street |
| Going west on Washington Street | Sixth Street |
| Going east on Washington Street | Third Street |
| Going west on Adams Street | Third Street |
| Going west on Jamestown Circle | Third Street |
| Going east on Madison Street | Third Street |
| Going east on Kinzie Street | Third Street |
| Going east on Blackburn Street | Third Street |
| Going south on Fourth Street | Menard Street |
| Going north on Fifth Street | Menard Street |
| Going south on Fifth Street | Menard Street |
| Going north on Sixth Street | Menard Street |
| Going south on Sixth Street | Menard Street |
| Going west on Washington Street | Third Street |
| Going east on Jefferson Street | Third Street |
| Going west on Jefferson Street | Third Street |
| Going north on Third Street | Jefferson Street |
| Going north on Fifth Street | Washington Street |
| Going south on Fifth Street | Washington Street |
| Going south on Third Street | Fourth Street |
| Going south on First Street | Lincoln Street |
| Going north on Fourth Street | Third Street |
| Going west on Johnson Lane | Third Street |
| Going east on North Horseshoe Drive | Third Street |
| Going east on South Horseshoe Drive | Third Street |
| Going south on Fifth Street | Spaulding Street |
| Going north on Third Street | Menard Street |
| Going east on Menard Street | Third Street |
| Going west on Menard Street | Third Street |
| Going west on Menard Street | Seventh Street |
| Going north on Tenth Street | Kinzie Street |
| Going east on Madison Street | Tenth Street |
| Going east on Adams Street | Tenth Street |
| Going south on West Hilltop Drive | Kinzie Street |
| Going south on East Hilltop Drive | Kinzie Street |
| Going south on Fourth Street | Adams Street |
| Going east on Hoover Street | Third Street |
| Going west on Blackburn Street | Fifth Street |
| Going south on Second Street | Menard Street |
| Going south on Mueller Court | Powell Street |
| Going west on Powell Street | Third Street |
| Going west on Madison Street | Fifth Street |
| Going west on Jackson Street | Fifth Street |
| Going west on Adams Street | Fifth Street |
| Going east on Adams Street | Fifth Street |
| Going south on Second Street | Washington Street |
| Going north on Second Street | Jefferson Street |
| Going north on Second Street | Menard Street |
| Going south on Beverly Drive | Washington Street |
| Going east on Grant Street | Third Street |
| Going south on Third Street | Lincoln Street |
| Going south on Sixth Street | Lincoln Street |
| Going south on Seventh Street | Lincoln Street |
| Going south on Eighth Street | Lincoln Street |
| Going east on Lincoln Street | Seventh Street |
| Going west on Lincoln Street | Seventh Street |
| Going north on Sixth Street | Lincoln Street |
| Going north on Eighth Street | Lincoln Street |
| Going north on Ninth Street | Lincoln Street |
| Going east on Washington Street | Tenth Street |
| Going west on Washington Street | Tenth Street |
| Going east on Brook Lane | 7th Street |
| Going south on Douglas Avenue | Old Route 36 |
| Going north on Douglas Avenue | Kinzie Street |
| Going west on New Kinzie Street | Tenth Street |
| Going west on Breann Drive | North Seventh Street |
| Intersection of Stanton Avenue and Lincoln Street | Stanton |
| Intersection of Stanton Avenue and Washington | Stanton |
| Turning onto Riverton Road from Village Hall | All exit points |
| Turning onto Third Street from parking lot of Center Park | Both exit points |
| Turning onto Fifth Street from parking lot of Center Park | Exit point |
(Ord. 98-032, passed 6-15-98; Ord. 2000-003, passed 2-7-00; Ord. 2001-020, passed 11-15-01; Ord. 02-014, passed 5-6-02; Ord. 2004-025, passed 8-2-04; Ord. 2008-033, passed 10-6-08).
Schedule II:
"U" Turns
It shall be unlawful to make a "U" turn in the following intersections:
Intersection
Third Street and Jefferson Street
Fourth Street and Jefferson Street
(Ord. 89-013, passed 10-3-89).
Schedule III:
Yield Signs
| Street | Yield to |
| Going west on Johnson Lane | North and south traffic on Fourth Street |
| Going west on Bice Lane | North and south traffic on Fourth Street |
(Ord. 94-033, passed 11-7-94).
Chapter 72
PARKING REGULATIONS
Sections:
72.001 Prohibited parking.
72.002 Parking near hydrant.
72.003 When condition of vehicle prohibits parking.
72.004 Parking near entrances to multifamily structures.
72.999 Penalty.
72.001 Prohibited parking.
At any time it shall be unlawful to permit any vehicle to stand in any of the following places, except when necessary to avoid conflict with other traffic or in compliance with the directions of a policeman or traffic signal:
(A) In any intersection;
(B) Within twenty feet of any intersection;
(C) In any place where the standing of a vehicle will reduce the usable extent of the roadway to moving traffic of less than eighteen feet;
(D) On any sidewalk or parkway; and
(E) At any place where official signs prohibit parking.
(Ord. 83, passed 7-7-52) Penalty, see § 72.999 (A).
72.002 Parking near hydrant.
No vehicle shall be allowed to stand or be parked within fifteen feet of a hydrant. (Ill. Rev. Stat., Ch. 95 1/2, Section 11-1303)
(Ord. 74, passed 5-22-50) Penalty, see § 72.999 (B).
72.003 When condition of vehicle prohibits parking.
It shall be unlawful for any person to park upon a street or alley:
(A) A vehicle displayed for sale;
(B) A vehicle without proper license plates;
(C) An abandoned vehicle; or
(D) A vehicle jacked up off its wheels.
(Ord. 83, passed 7-7-52; Amending Ord. 168, passed 1-16-67) Penalty, see § 72.999 (A).
72.004 Parking near entrances to multifamily structures.
It shall be unlawful for any person to park a vehicle along a public street or alley in a location which is:
(A) Within twenty-five feet of any part of a driveway or other entrance from such public street or alley to any structure, or any group of structures on a single zoning lot, which contains four or more dwelling units; and
(B) On the same side of the street or alley and such driveway or other entrance.
| Street | Between |
| Seventh Street | From Spaulding Street to the north village limits |
| Seventh Street | On the east side from the intersection of Spaulding Street to the Lincoln Street intersection |
| Seventh Street | On the west side of Seventh Street opposite its intersection with Kinzie Street |
| Seventh Street | On either side of the street 90 feet from the nearest rail of any railroad crossing on this street |
| Jefferson Street | Within 15 feet of the intersections with Third Street and Fourth Street |
| Jefferson Street | In an area marked with an appropriate sign in front of the Village Hall (except police and emergency vehicles) |
| Kinzie Street | On either side of the street from Seventh Street to the east side of the bridge on Kinzie Street or a total of 650 feet; and |
| On the north side of Kinzie Street from the east side of the aforementioned bridge to the Tenth Street intersection | |
| Third Street | On the east side of Third Street 540 feet south from its intersection with Menard Street until it reaches the 800 block of Third Street |
| Third Street | On both sides of the street between Blackburn and Menard |
| Ivy Hill Drive | On the west side of Ivy Hill Drive from a point located 566 feet from the intersection with Seventh Street to the driveway located 222 feet from the intersection of Coyland Drive and Seventh Street |
| Blackburn Street | On either side between Second Street and Third Street |
| South side of Spaulding Street | Fifth Street and Sixth Street |
| Fifth Street, East side | Spaulding Street and Carl Drive |
| Sixth Street | On the east side of the 300th block between Jefferson Street and Adams Street |
| Jefferson Street, South side | A point 80 feet east of the intersection of Fourth Street and Fourth Street |
| Riverton Road | North Seventh Street and the eastern corporate limits of the village (1200 Block East Riverton Road) |
(B) It shall be unlawful to park any vehicle with the left side of such vehicle next to the curb on any of the following named streets:
Street
Third Street
Seventh Street
Jefferson Street
(Ord. 92-006, passed 7-21-92; Ord. 97-001, passed 1-6-97; Ord. 98-006, passed 2-16-98; Ord. 99-033, passed 8-16-99; Ord. 2002-033, passed 10-21-02; Ord. 2004-030, passed 12-20-04; Ord. 2006-015, passed 7-17-06; Ord. 2007-034, passed 11-19-07).
Schedule II:
Limited Parking
It shall be unlawful to park any vehicle, for a period of time longer than specified, on any of the following named streets:
| Street | Between | Time Limit |
| East Jefferson Street | In front of 313 E. Jefferson Street | Between 8:00 a.m. and 6:00 p.m.: Parking for loading only, not to exceed 30 minutes. |
| Jefferson Street | Third Street and Fourth Street | Between 8:00 a.m. and 6:00 p.m., no longer than 2 hours. |
| Third Street, east side | Railroad tracks and Menard Street | 2 hour parking, Monday through Friday, 8:00 a.m. to 3:00 p.m. Violators may be towed at the discretion of the Chief of Police. |
| Third Street, west side | Railroad tracks and Blackburn Street | 2 hour parking, Monday through Friday, 8:00 a.m. to 3:00 p.m. Violators may be towed at the discretion of the Chief of Police. |
| On any street in the village, except physicians on emergency calls: | ||
| Between 2:00 a.m. and 6:00 a.m., no longer than 30 minutes. | ||
(Ord. 92-006, passed 7-21-92; Ord. 01-028, passed 12/17/01; Ord. 2008-032, passed 10-6-08).
Schedule III:
Parallel Parking
Motor vehicles may be parked on any of the following named streets as long as the vehicle is parked parallel to and immediately adjacent to the curb:
| Street | Between |
| Seventh Street– west side | Spaulding Street to Lincoln Street. |
(Ord. 92-006, passed 7-21-92).
Schedule IV:
No Parking– Emergency Vehicle Exception
Parking of motor vehicles, except for such emergency vehicles as are necessary for the maintenance and health of the village, for fire prevention and police protection, is hereby forbidden on both sides of Fifth Street between Menard Street and the Norfolk and Western Railroad tracks located in this village.
(Ord. 92-006, passed 7-21-96).
Schedule V:
Truck, Bus and Tractor-Trailer Combination Parking
(A) No person shall park a truck (except those licensed by the state of Illinois with a B license classification), a bus having a rated seating capacity of twenty or more passengers, farm equipment, construction equipment, trailers, or any motor homes of any description or use on any public street.
(B) No person shall park, stop or stand any truck tractor or trailer upon private property when such property is located in a zoned residential area.
(C) This schedule shall not apply to trailers used by contractors for the purpose of construction in a given area. Parking of these trailers must be approved by the village board of trustees prior to their being placed.
(D) Definitions. For the purpose of Schedule V the following definitions apply:
(1) "Truck tractor" means every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn.
(2) "Trailer" means every vehicle without motive power in operation, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon the towing vehicle.
(Ord. 91-015, passed 10-1-91).
Schedule VI:
Handicapped Parking Zones
Only persons having a valid handicapped license plate or placard may park in the following areas, which shall be marked with a handicapped parking zone sign in accordance with state law:
| Street | Between |
| Jefferson Street | In an area marked with an appropriate sign in front of the Village Hall |
| Jefferson Street | In the 600 block on the south side of the street, between a point 53 feet west of from Seventh Street and a point 97 feet west of Seventh Street |
(Ord. 98-006, passed 2-16-98; Ord. 01-015, passed 9/4/01; Ord. 2008-032, passed 10-6-08)
Chapter 74
ENFORCEMENT OF TRAFFIC CODE
Sections:
74.001 Traffic violation notices to be furnished to police.
74.002 Method of issuing traffic and parking violation notices.
74.003 Illegally parked vehicles– Registered owner responsible.
74.004 Impoundment of illegally parked vehicles– Procedure.
74.005 Vehicle pound defined.
74.006 Removal from impoundment.
74.007 Liability for impoundment charges and towing fees.
74.008 Additional remedies.
74.009 Additional remedy by complaint.
74.010 Payment of penalty due.
74.011 Receipts for payment.
74.001 Traffic violation notices to be furnished to police.
The chief of police of the village shall cause parking violation notices to be printed in duplicate, which shall be numbered serially and shall be issued to members of the police department of the village, which members shall each execute receipts for those notices issued to him. Each member of the department shall be accountable for the parking violation notices issued to him.
(Ord. 74-002, passed 3-19-74).
74.002 Method of issuing traffic and parking violation notices.
(A) A traffic violation notice shall be issued by a member of the police department of the village for every vehicle parked, stopped, permitted to stand, equipped, used, driven or operated in violation of the traffic code of the village. In case of a traffic violation involving a vehicle, if a police officer is able to find the driver or other person in charge thereof without leaving the immediate vicinity of said vehicle, said traffic violation notice shall be delivered to such person, but if the officer is unable to find the person driving or in charge of said vehicle in the immediate vicinity, he shall fasten or cause to be fastened said traffic violation notice upon the windshield, side window or cab of said vehicle in a place where the same is clearly visible to a person entering or driving or in charge of said vehicle.
(B) A member of the police department of the village issuing a traffic or parking violation notice shall, in writing, indicate on each traffic or parking violation notice issued by him the time and location and type of violation for which such traffic or parking violation notice is issued, the section of the Code of the Village of Riverton violated, the type of vehicle involved in the violation, the state license number of said vehicle and, if known, the name and address and operator's license number of the person to whom such state license was issued or who was responsible for the violation in question, and such other information as such member of the police department of the village may deem necessary or important.
(C) Every member of the police department of the village shall, upon issuing a notice of traffic or parking violation in the manner and form prescribed in this ordinance, in writing, identify himself on such notice as the officer issuing the same and shall retain and deliver to his superior officer in the police department, or to such other person as may be designated by the board of the Village of Riverton, a duplicate of such traffic or parking violation notice.
(Ord. 74-002, passed 3-19-74).
74.003 Illegally parked vehicles– Registered owner responsible.
Whenever a vehicle is parked in violation of the provisions of Title VII of the Code of the Village of Riverton, the registered owner of the vehicle at the time of the violation, as well as the vehicle itself and the actual operator thereof, shall be presumed to have committed the violation and shall thereby be liable as set forth in Title VII of the Code of the Village of Riverton.
(Ord. 74-002, passed 3-19-74).
74.004 Impoundment of illegally parked vehicles– Procedure.
Any vehicle parked or occupying any portion of any street or alley within the limits of the Village of Riverton in violation of any provision of Title VII "Traffic Code" shall be and the same is hereby declared to be a nuisance, which shall be abated by any police officer by the following procedure:
(1) By placing a notice of traffic violation upon said vehicle as hereinabove set forth, which indicates the nature of the violation, such act being deemed under this provision of the Code of the Village of Riverton to constitute impoundment of the vehicle; or
(2) By placing a notice of traffic or parking violation upon said vehicle as hereinabove set forth, and removing and conveying said vehicle to a vehicle pound.
The determination of which of the two preceding methods of impoundment of a vehicle in violation of a provision of Title VII of the Code of the Village of Riverton is to be followed in a given situation, shall rest in the discretion of the officer issuing said notice, in accordance with the policy set forth by the members of the board of the village and the chief of police of the village.
(Ord. 74-002, passed 3-19-74).
74.005 Vehicle pound defined.
A vehicle pound is hereby declared to be any suitable place so designated by the board of the Village of Riverton as a vehicle pound, upon passage of a resolution by the members of said board.
(Ord. 74-002, passed 3-19-74).
74.006 Removal from impoundment.
The owner or authorized operator, upon proper showing of ownership or authorization of an impounded vehicle, may have the vehicle removed from the impoundment upon payment of the penalties imposed by the provision of the Code of the Village of Riverton, which violation gave rise to said impoundment and upon said person paying all costs and expenses which have been incurred by the Village of Riverton for the towage and/or storage of said vehicle; and upon payment of all fines and penalties due and owing to the Village of Riverton as a result of previous traffic and/or parking violations involving said vehicle and all impounding fees, towage and storage charges which have theretofore accrued against such vehicle during the time of his ownership or authorized operation thereof.
(Ord. 74-002, passed 3-19-74).
74.007 Liability for impoundment charges and towing fees.
The Village of Riverton shall be liable to the person towing and/or storing a vehicle pursuant to order or request of a member of the police department of the Village of Riverton, incurred pursuant to the provisions of Title VII, "Traffic Code," of the Code of the Village of Riverton, Illinois.
(Ord. 74-002, passed 3-19-74).
74.008 Additional remedies.
Within 15 days after a vehicle has been impounded by seizure as provided for in Section 74.004(2), under authority of this chapter, the board of the Village of Riverton may direct that a suit be brought in the name of the Village of Riverton for the collection of all penalties due as a result of parking or traffic violations, as set forth in the preceding chapters of this Code, as well as all impounding fees, towage and storage charges that have accrued against said vehicle.
Said suit shall be brought against the owner and/or authorized operator of said vehicle.
(Ord. 74-002, passed 3-19-74).
74.009 Additional remedy by complaint.
In all instances where a violation has occurred of the traffic or parking regulations provided for in Article VII of the Code of the Village of Riverton, the Village of Riverton may prosecute the registered owner and/or authorized operator of the vehicle involved in the violation, by complaint filed before any magistrate of Sangamon County, Illinois, which remedy shall be in addition to any and all other remedies for violations provided in this Article VII.
(Ord. 74-002, passed 3-19-74).
74.010 Payment of penalty due.
The registered owner or authorized operator of any vehicle issued a traffic or parking violation notice for violating any of the traffic or parking provisions of Article VII of this Code, may, upon payment of the fine or penalty imposed by the section violated within seven days of the issuance of such notice of traffic or parking violation, avoid further action by the Village of Riverton in regard to that specific violation. Upon payment of the fine or penalty prescribed by the section violated, the registered owner or authorized operator shall surrender to the treasurer of the Village of Riverton, or such person as designated by him, the traffic or parking violation notice delivered to him or placed upon said vehicle, after indicating upon said notice his name, street address and city of residence.
If the registered owner or authorized operator of the vehicle charged with a traffic or parking violation fails to pay the amount prescribed by the section violated within seven days of said violation, he may, upon payment of double (twice) the amount specified in the section violated, as hereinabove set forth, avoid further action by the Village of Riverton.
(Ord. 74-002, passed 3-19-74).
74.011 Receipts for payment.
The treasurer of the Village of Riverton or such city employee designated by him shall receive the payment of any sum of money by a registered owner or operator of a vehicle charged with violating any traffic or parking provisions of Article VII of this Code, and shall issue to such person making said prescribed payment, a receipt therefore, bearing the signature of the person receiving said money on behalf of the Village of Riverton, and the date of payment, and the number of the notice of violation for which payment is received. A duplicate receipt, together with the money paid to such treasurer or other designated city employee of the Village of Riverton, shall be delivered to the city treasurer, and shall be by him credited to the fund of the Village of Riverton.
(Ord. 74-002, passed 3-19-74).
Chapter 75 Sections:
75.001 Encroachments prohibited where.
75.002 Establishment of project right-of-way lines.
75.003 Issuance of revocable permits.
75.004 Intent and construction.
75.005 Penalty for violation.
75.001 Encroachments prohibited where.
It shall be unlawful for any person, firm, or corporation to erect or cause to be erected, to retain or cause to be retained, any encroachment (defined in the ordinance codified herein) except as provided in Section 75.003, within the limits of the project right-of-way or roadway right-of-way where no project right-of-way lines have been established.
(Ord. 75-014, passed 12-2-75).
75.002 Establishment of project right-of-way lines.
Project right-of-way lines have been established in accordance with the legal requirements.
(Ord. 75-014, passed 12-2-75).
75.003 Issuance of revocable permits.
Revocable permits have been issued by the village for the temporary retention of the following permissible encroachments (defined in the ordinance codified herein): None.
(Ord. 75-014, passed 12-2-75).
75.004 Intent and construction.
The ordinance codified herein is intended to and shall be in addition to all other ordinances, rules and regulations concerning encroachments and shall not be construed as repealing or rescinding any other ordinance or part of any ordinance unless in direct conflict therewith.
(Ord. 75-014, passed 12-2-75).
75.005 Penalty for violation.
Any person, firm, or corporation violating the ordinance codified herein shall be fined not less than ten dollars nor more than five hundred dollars for each offense, and a separate offense shall be deemed committed for each and every day during which such a violation continues or exists.
(Ord. 75-014, passed 12-2-75).
Chapter 76 Sections:
76.001 Permit required.
76.002 Surety bond– Liability insurance– Division of responsibility.
76.003 Permit issuance– Time and place.
76.004 Supervision and inspection.
76.005 Barricades and warning signs.
76.006 Gaslines.
76.007 Closing excavations.
76.008 Failure to obtain permit.
76.009 Penalty.
76.001 Permit required.
No person shall injure or tear up any pavement, sidewalk, crosswalk or alley, or any part thereof, dig any hole, ditch or drain, or dig or remove any sod, stone, earth, sand or gravel from, dig, place or construct any tunnel or drive or bore for any pipe, conduit, wire, main, shaft, watermain, sewer line, gas or electrical line on village property without having first obtained written permission from the village's superintendent or department head.
(Ord. 84-007, passed 6-5-84).
76.002 Surety bond– Liability insurance– Division of responsibility.
Before a permit shall be granted to any person to open any pavement, improve roadway, sidewalk or crosswalk or alley, for any purpose, the person shall file with the village a certificate of insurance for public liability which names the village as an additional insured under said policy, and shall also execute to the village a good and sufficient bond in the amount of twenty thousand dollars, with sureties to be approved by the village's superintendent or department head, conditioned: To indemnify, save and keep harmless the village from any and all loss, cost, damage, expense or liability of any kind whatsoever which the village may suffer or which may be recovered against the village from or on account of the issuance of the permit to excavate, and from or on account of any act or thing done by the permittee or permitted by the permittee during the excavation. In addition to the foregoing, the permittee shall be required to execute an agreement to indemnify, save and keep harmless the village from any and all loss, cost, damage, expense or liability of any kind whatsoever that it may sustain as a result of any suit, actions, or claims of any character brought on account of injury to or death of any person or persons, including all persons performing any work under the permit which may arise in any way in connection with the work to be performed under this permit.
(Ord. 84-007, passed 6-5-84).
76.003 Permit issuance– Time and place.
The village's superintendent or department head shall not issue any permit for the opening of any street, sidewalk, or alley by any person until he shall have been fully advised of the time, place and character of such opening and the purpose thereof. All applications for permits under this section shall be accompanied by a plat or pencil tracing or sketch showing the location, character and dimensions of the proposed opening for the installation of new work or the location and character of the alterations involving changes in the location of pipes, conduits, sewers, wires or conductors.
(Ord. 84-007, passed 6-5-84).
76.004 Supervision and inspection.
All work done under the authority of a permit under this section shall be supervised and inspected by the village's superintendent or department head.
(Ord. 84-007, passed 6-5-84).
76.005 Barricades and warning signs.
The permittee shall place around the excavation any barricade, flashing lights, lanterns, channelization devices and warning signs as specified by the village's superintendent or department head.
(Ord. 84-007, passed 6-5-84).
76.006 Gas lines.
In the event that any gas lines are broken during excavation, or in the event that any gas line is shut off during such excavation, the permittee will be responsible to the village for relighting pilot lights or reimbursing the village for its time expended in relighting the pilot lights.
(Ord. 84-007, passed 6-5-84).
76.007 Closing excavations.
When closing excavations, back fill specified by the village's superintendent or department head shall be used and repairs to streets and sidewalks and other facilities shall be completed to village specifications.
(Ord. 84-007, passed 6-5-84).
76.008 Failure to obtain permit.
In the event that any person opening any street, alley, sidewalk or crosswalk fails to obtain a permit therefore, the village's superintendent or department head shall properly restore said street, alley or public way to a condition as good as its original one and shall charge to and collect from said person the cost of any work so done by the village.
(Ord. 84-007, passed 6-5-84)
76.009 Penalty.
Any person violating or failing to comply with any of the provisions of this section shall upon conviction be punished by a fine not exceeding five hundred dollars. Each day any violation of any provision of this section shall continue shall constitute a separate offense.
(Ord. 84-007, passed 6-5-84).
Chapter 77 Sections:
77.001 Declaration of emergency.
77.002 Designation of snow emergency routes– Signs or markers.
77.003 Maintenance of signs or markers.
77.004 Parking on snow emergency streets prohibited.
77.005 Violation– Penalty.
77.006 Resumption of parking.
77.007 Towing and storage charges of vehicles in violation of snow emergency.
77.001 Declaration of emergency.
Whenever the village president, or in the absence of the village president, the chief of police, determines that an emergency exists or is imminently forecast in the village, or in a section or sections thereof, because of snow, freezing rain, sleet, ice, snowdrifts, or other natural phenomena which create hazardous road conditions impeding or likely to impede the free movement of fire, health, police, emergency, or other vehicular traffic threatening the safety and welfare of the community, the village president may declare a snow emergency to exist for a period of seventy-two hours or less. Said declaration of emergency shall be released to the public information media prior to its effect and shall be posted on the door of the village hall. The emergency declaration may be extended or renewed as conditions warrant.
(Ord. 98-001, passed 1-5-98).
77.002 Designation of snow emergency routes– Signs or markers.
The following streets are designated as snow emergency routes. All such streets shall be posted with suitable signs or markers at intervals not exceeding five hundred feet, which signs or markers shall bear the words "SNOW EMERGENCY ROUTE" and also indicate where parking would otherwise exist that parking is prohibited during a snow emergency.
Street
Jamestown Drive
5th Street in Jamestown
Carl Street
Johnson Lane
Bice Lane
South 4th Street
South 5th Street
Beverly Hills Drive
Spring Street
Brook Street
Allen Street
Mueller Court
Powell Drive
Lucky Horseshoe Mobile Home Park
Ivy Hill/Coy Land Drive
(Ord. 98-001, passed 1-5-98).
77.003 Maintenance of signs or markers.
The director of public works shall place and maintain all snow emergency signs or markers required by this chapter.
(Ord. 98-001, passed 1-5-98).
77.004 Parking on snow emergency streets prohibited.
Upon the declaration of a snow emergency, the parking, standing, or leaving of any vehicles upon any or all of the before designated snow emergency streets shall be prohibited.
(Ord. 98-001, passed 1-5-98).
77.005 Violation– Penalty.
If any vehicle is parked, abandoned or left standing in violation of the terms of this section, the same shall be considered a hazard and may be impounded and issued a citation.
(Ord. 98-001, passed 1-5-98).
77.006 Resumption of parking.
Parking may be resumed on individual streets upon termination of the emergency condition as soon as final plowing, as announced by the director of public works, has been completed on that street.
(Ord. 98-001, passed 1-5-98).
77.007 Towing and storage charges of vehicles in violation of snow emergency.
The owners of vehicles parked in violation of a snow emergency declaration shall be responsible for all towing and storage charges and administrative fees unless the location at which the vehicle was parked was not properly marked as a snow emergency route in accordance with this chapter, without regard to whether or not actual notice of the declaration was received by the owner.
(Ord. 98-001, passed 1-5-98).
Chapter 78 Sections:
78.001 Purpose and scope.
78.002 Definitions.
78.003 Annual registration required.
78.004 Permit required– Applications and fees.
78.005 Action on permit application.
78.006 Effect of permit.
78.007 Revised permit drawings.
78.008 Insurance.
78.009 Indemnification.
78.010 Security.
78.011 Permit suspension and revocation.
78.012 Change of ownership or owner's identity or legal status.
78.013 General construction standards.
78.014 Traffic control.
78.015 Location of facilities.
78.016 Construction methods and materials.
78.017 Vegetation control.
78.018 Removal, relocation or modifications of utility facilities.
78.019 Cleanup and restoration.
78.020 Maintenance and emergency maintenance.
78.021 Variances.
78.022 Penalties.
78.023 Enforcement.
78.024 Severability.
78.001 Purpose and scope.
(A) Purpose. The purpose of this chapter is to establish policies and procedures for constructing facilities on rights-of-way within the village's jurisdiction, which will provide public benefit consistent with the preservation of the integrity, safe usage, and visual qualities of the village rights-of-way and the village as a whole.
(B) Facilities Subject to This Chapter. This chapter 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 chapter 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.
(C) Franchises, Licenses, or Similar Agreements. The village, in its discretion and as limited by law, may require utilities to enter into a franchise, license or similar agreement for the privilege of locating their facilities on, over, above, along, upon, under, across, or within the village rights-of-way. 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 chapter.
(D) Effect of Franchises, Licenses, or Similar Agreements.
(1) 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.
(2) Telecommunications Providers. In the event of any conflict with, or inconsistency between, the provisions of this chapter 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 during the term of such agreement and any lawful renewal or extension thereof.
(E) Conflicts with Other Chapters. This chapter supersedes all chapters or parts of chapters adopted prior hereto that are in conflict herewith, to the extent of such conflict.
(F) Conflicts with State and Federal Laws. In the event that applicable federal or state laws or regulations conflict with the requirements of this chapter, the utility shall comply with the requirements of this chapter to the maximum extent possible without violating federal or state laws or regulations.
(G) Sound Engineering Judgment. The village shall use sound engineering judgment when administering this chapter and may vary the standards, conditions, and requirements expressed in this chapter 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.
(Ord. 98-060, passed 11-16-98).
78.002 Definitions.
As used in this chapter 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" means American Association of State Highway and Transportation Officials.
"ANSI" means American National Standards Institute.
"Applicant" means a person applying for a permit under this chapter.
"ASTM" means American Society for Testing and Materials.
"Backfill" means the methods or materials for replacing excavated material in a trench or pit.
"Bore" or "Boring" means to excavate an underground cylindrical cavity for the insertion of a pipe or electrical conductor.
"Carrier pipe" means the pipe enclosing the liquid, gas or slurry to be transported.
"Casing" means a structural protective enclosure for transmittal devices such as: carrier pipes, electrical conductors, and fiber optic devices.
"Clear zone" means the total roadside border area, starting at the edge of the pavement, available for safe use by errant vehicles. This area 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" means protective wrapping or mastic cover applied to buried pipe for protection against external corrosion.
"Code" means code of ordinances of the village.
"Conductor" means wire carrying electrical current.
"Conduit" means a casing or encasement for wires or cables.
"Construction" or "construct" means the installation, repair, maintenance, placement, alteration, enlargement, demolition, modification or abandonment in place of facilities.
"Cover" means the depth of earth or backfill over buried utility pipe or conductor.
"Crossing facility" means a facility that crosses one or more right-of-way lines of a right-of-way.
"Disrupt the right-of-way," for the purposes of this chapter, means any work that obstructs the right-of-way or causes a material adverse effect on the use of the right-of-way for its intended use. Such work may include, without limitation, the following: excavating or other cutting; placement (whether temporary or permanent) of materials, equipment, devices, or structures; damage to vegetation; and compaction or loosening of the soil, and shall not include the parking of vehicles or equipment in a manner that does not materially obstruct the flow of traffic on a highway.
"Emergency" means any immediate maintenance to the facility required for the safety of the public using or in the vicinity of the right-of-way or immediate maintenance required for the health and safety of the general public served by the utility.
"Encasement" means provision of a protective casing.
"Engineer" means the village engineer or his or her designee.
"Equipment" means materials, tools, implements, supplies, and/or other items used to facilitate construction of facilities.
"Excavation" means the making of a hole or cavity by removing material, or laying bare by digging.
"Extra heavy pipe" means pipe meeting ASTM standards for this pipe designation.
"Facility" means all structures, devices, objects, and materials (including track and rails, wires, ducts, fiber optic cable, communications and video cables and wires, poles, conduits, grates, covers, pipes, cables, and appurtenances thereto) located on, over, above, along, upon, under, across, or within rights-of-way under this chapter, except those owned by the village.
"Freestanding facility" means a facility that is not a crossing facility or a parallel facility, such as an antenna, transformer, pump, or meter station.
"Frontage road" means roadway, usually parallel, providing access to land adjacent to the highway where it is precluded by control of access on highway.
"Hazardous materials" means any substance or material which, due to, its quantity, form, concentration, location, or other characteristics, is determined by the village superintendent of public works to pose an unreasonable and imminent risk to the life, health or safety of persons or property or to the ecological balance of the environment, including, but not limited to explosives, radioactive materials, petroleum or petroleum products or gases, poisons, etiology (biological) agents, flammables, corrosives or any substance determined to be hazardous or toxic under any federal or state law, statute or regulation.
"Highway code" means the Illinois Highway Code, 605 ILCS 5/1-101 et seq., as amended from time to time.
"Highway" means a specific type of right-of-way used for vehicular traffic including rural or urban roads or streets. "Highway" includes all highway land and improvements, including roadways, ditches and embankments, bridges, drainage structures, signs, guardrails, protective structures and appurtenances necessary or convenient for vehicle traffic.
"IDOT" means Illinois Department of Transportation.
"ICC" means Illinois Commerce Commission.
"Jacking" means pushing a pipe horizontally under a roadway by mechanical means with or without boring.
"Jetting" means pushing a pipe through the earth using water under pressure to create a cavity ahead of the pipe.
"Joint use" means the use of pole lines, trenches or other facilities by two or more utilities.
"Major intersection" means the intersection of two or more major arterial highways.
"Occupancy" means the presence of facilities on, over or under right-of-way.
"Parallel facility" means a facility that is generally parallel or longitudinal to the centerline of a right-of-way.
"Parkway" means any portion of the right-of-way not improved by street or sidewalk.
"Pavement cut" means the removal of an area of pavement for access to facility or for the construction of a facility.
"Permittee" means that entity to which a permit has been issued pursuant to Sections 78.004 and 78.005 of this chapter.
"Practicable" means that which is performable, feasible or possible, rather than that which is simply convenient.
"Pressure" means the internal force acting radially against the walls of a carrier pipe expressed in pounds per square inch gauge (psig).
"Petroleum products pipelines" means pipelines carrying crude or refined liquid petroleum products including, but not limited to, gasoline, distillates, propane, butane, or coal-slurry.
"Prompt" means that which is done within a period of time specified by the village. If no time period is specified, the period shall be thirty days.
"Public entity" means a legal entity that constitutes or is part of the government, whether at local, state or federal level.
"Restoration" means the repair of a right-of-way, highway, roadway, or other area disrupted by the construction of a facility.
"Right-of-way" means any street, alley, other land or waterway, dedicated or commonly used for utility purposes, including utility easements in which the village has the right and authority to authorize, regulate or permit the location of facilities other than those of the village. "Right-of-way" shall not include any real or personal village property that is not specifically described in the previous two sentences and shall not include village buildings, fixtures, and other structures or improvements, regardless of whether they are situated in the right-of-way.
"Roadway" means that part of the highway that includes the pavement and shoulders.
"Sale of telecommunications at retail" means the transmitting, supplying, or furnishing of telecommunications and all services rendered in connection therewith for a consideration, other than between a parent corporation and its wholly owned subsidiaries or between wholly owned subsidiaries, when the gross charge made by one such corporation to another such corporation is not greater than the gross charge paid to the retailer for their use or consumption and not for sale.
"Security fund" means that amount of security required pursuant to Section 78.010 of this chapter.
"Shoulder" means a width of roadway, adjacent to the pavement, providing lateral support to the pavement edge and providing an area for emergency vehicular stops and storage of snow removed from the pavement.
"Sound engineering judgment" means a decision(s) consistent with generally accepted engineering principles, practices and experience.
"Superintendent of public works" means the village superintendent of public works or his or her designee.
"Telecommunications" includes, but is not limited to, messages or information transmitted through use of local, toll, and wide area telephone service, channel services, telegraph services, teletypewriter service, computer exchange service, private line services, specialized mobile radio services, or 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" shall also include wireless telecommunications as defined in the Illinois Telecommunications Infrastructure Maintenance Fee Act, 35 ILCS 635/1 et seq. "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 him or her to the ultimate retail consumer who originates or terminates the end-to-end communications. Retailer access charges, right of access charges, charges for use of intercompany facilities, and all telecommunications resold in the subsequent provision and used as a component of, or integrated into, end-to-end telecommunications service shall not be included in gross charges as sales for resale. "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.D.F. 76.1550 and following) as now or hereafter amended.
"Telecommunications provider" means any person that installs, owns, operates or controls facilities in the public right-of-way used or designed to be used to transmit telecommunications in any form.
"Telecommunications retailer" means and includes every person engaged in making sales of telecommunications at retail as defined herein.
"Trench" means a relatively narrow open excavation for the installation of an underground facility.
"Utility" means the individual or entity owning or operating any facility as defined in this chapter.
"Vent" means a pipe to allow the dissipation into the atmosphere of gases or vapors from an underground casing.
"Village" means the Village of Riverton.
"Water lines" means pipelines carrying raw or potable water.
"Wet boring" means boring using water under pressure at the cutting auger to soften the earth and to provide a sluice for the excavated material.
(Ord. 98-060, passed 11-16-98).
78.003 Annual registration required.
Every utility that occupies right-of-way within the village shall register on January 1 of each year with the village clerk, 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 twenty-four-hour telephone number for each such person, and evidence of insurance as required in Section 78.008 of this chapter, in the form of a certificate of insurance.
(Ord. 98-060, passed 11-16-98).
78.004 Permit required– Applications and fees.
(A) Permit Required. No person shall construct (as defined in this chapter) 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 chapter), 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 superintendent of public works and obtaining a permit from the village therefor, except as otherwise provided in this chapter. No permit shall be required for installation and maintenance of service connections to customers' premises where there will be no disruption of the right-of-way.
(B) Permit Application. All applications for permits pursuant to this chapter shall be filed on a form provided by the village and shall be filed in such number of duplicate copies as the village may designate. The applicant may designate those portions of its application materials that is reasonably believes contain proprietary or confidential information as "proprietary" or "confidential" by clearly marking each page of such materials accordingly.
(C) Minimum General Application Requirements. The application shall be made by the utility or its duly authorized representative and shall contain, at a minimum, the following:
(1) The utility's name and address and telephone and telecopy numbers;
(2) The applicant's name and address, if different than the utility, its telephone, telecopy numbers, e-mail address, and its interest in the work;
(3) The names, addresses and telephone and telecopy numbers and e-mail addresses 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:
(a) 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, and
(b) 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 78.008 of this chapter;
(8) Evidence of posting of the security find as required in Section 78.010 of this chapter;
(9) Any request for a variance from one or more provisions of this chapter (see Section 78.021); 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 new electric power, communications or natural gas distribution system installation, evidence that any "Certificate of Public Convenience and Necessity" has been issued by the ICC that the applicant is required by law, or has elected, to obtain;
(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;
(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, have been satisfied; or
(5) In the case of petroleum products pipelines, state the type or types of petroleum products, pipe size, maximum working pressure, and the design standard to be followed.
(E) Applicant's Duty to Update Information. Throughout the entire permit application review period and the construction period authorized by the permit, any amendments to information contained in a permit application shall be submitted by the utility in writing to the village within thirty 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 chapter shall be accompanied by a fee in the amount to be determined by the village board. No application fee is required to be paid by any telecommunications retailer that is paying the municipal telecommunications infrastructure maintenance fee pursuant to this 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 Maintenance Fee Act.
(Ord. 98-060, passed 11-16-98).
78.005 Action on permit applications.
(A) Village Review of Permit Applications. Completed permit applications, containing all required documentation, shall be examined by the superintendent of public works within a reasonable time after filing. If the application does not conform to the requirements of all applicable ordinances, codes, laws, rules, and regulations, the superintendent of public works shall reject such application in writing, stating the reasons therefor. If the superintendent of public works is satisfied that the proposed work conforms to the requirements of this chapter and all applicable ordinances, codes, laws, rules, and regulations, the superintendent of public works shall issue a permit therefor as soon as practicable. The superintendent of Public Works may consult with the village engineer with respect to any application for a permit.
(B) Additional Village Review of Applications of Telecommunications Retailers.
(1) Pursuant to Section 4 of the Telephone Company Act, 220 ILCS 65/4, a telecommunications retailer shall notify the village that it intends to commence work governed by this chapter 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 days prior to the commencement of work requiring no excavation and not less than thirty days prior to the commencement of work requiring excavation. The superintendent of public works 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 superintendent of public works fails to provide such specification of location to the telecommunications retailer within either (i) ten 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 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 chapter.
(3) Upon the provision of such specification by the village, where a permit is required for work pursuant to Section 78.004 of this chapter 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.
(Ord. 98-060, passed 11-16-98).
78.006 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 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.
(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.
(Ord. 98-060, passed 11-16-98).
78.007 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 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 chapter, it shall be treated as a request for variance in accordance with Section 78.021 of this chapter. 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.
(Ord. 98-060, passed 11-16-98).
78.008 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 subsections (A)(1) and (A)(2) of this section:
(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:
(a) Five million dollars for bodily injury or death to each person,
(b) Five million dollars for property damage resulting from any one accident, and
(c) Five million dollars 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 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 per employee and per accident.
(B) Excess or Umbrella Policies. The coverages required by this section may be in any combination of primary, excess, and umbrella policies. Any excess or umbrella policy must provide excess coverage over underlying insurance on a following-form basis such that when any loss covered by the primary policy exceeds the limits under the primary policy, the excess or umbrella policy becomes effective to cover such loss.
(C) Copies Required. The utility shall provide copies of any of the policies required by this section to the village within ten days following receipt of a written request therefor from the village.
(D) Maintenance and Renewal of Required Coverages. The insurance policies required by this section shall contain the following endorsement:
It is hereby understood and agreed that this policy may not be canceled nor the intention not to renew be stated until thirty (30) days after receipt by the Village, by registered mail or certified mail, return receipt requested, of a written notice addressed to the Village Clerk of such intent to cancel or not to renew.
Within ten days after receipt by the village of said notice, and in no event later than ten 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) of the requirements of subsections (B), (C) and (D) of this section. A utility that elects to self-insure shall provide to the village evidence sufficient to demonstrate its financial ability to self-insure the insurance coverage and limit requirements required under subsection (A) of this section, such as evidence that the utility is a "private self insurer" under the Workers Compensation Act.
(F) Effect of Insurance and Self-Insurance on Utility's Liability. The legal liability of the utility to the village and any person for any of the matters that are the subject of the insurance policies or self-insurance required by this section shall not be limited by such insurance policies or self-insurance or by the recovery of any amounts thereunder.
(Ord. 98-060, passed 11-16-98).
78.009 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 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.
(Ord. 98-060, passed 11-16-98).
78.010 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 chapter;
(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 chapter; 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 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 chapter or any other applicable law.
(B) Form. The permittee shall provide the security fund to the village in the form, at the permittee's election, of cash, a surety bond in a form acceptable to the village, or an unconditional letter of credit in a form acceptable to the village. Any surety bond or letter of credit provided pursuant to this subsection shall, at a minimum:
(1) Provide that it will not be canceled without prior notice to the village and the permittee;
(2) Not require the consent of the permittee prior to the collection by the village of any amounts covered by it; and
(3) Shall provide a location convenient to the village and within the State of 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 superintendent of public works, and may also include reasonable, directly related costs that the village estimates are likely to be incurred if the permittee fails to perform such restoration. Where the construction of facilities proposed under the permit will be performed in phases in multiple locations in the village, with each phase consisting of construction of facilities in one location or a related group of locations, and where construction in another phase will not be undertaken prior to substantial completion of restoration in the previous phase or phases, the superintendent of public works may, in the exercise of sound discretion, allow the permittee to post a single amount of security which shall be applicable to each phase of the construction under the permit. The amount of the security fund for phased construction shall be equal to the greatest amount that would have been required under the provisions of this subsection or any single phase.
(D) Withdrawals. The village, upon fourteen 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 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.
(E) Replenishment. Within fourteen days after receipt of written notice from the village that any amount has been withdrawn from the security fund, the permittee shall restore the security fund to the amount specified in subsection (C) of this section.
(F) Interest. The permittee may request that any and all interest accrued on the amount in the security fund be returned to the permittee by the village, upon written request for said withdrawal to the village, provided that any such withdrawal does not reduce the security fund below the minimum balance required in subsection (C) of this section.
(G) Closing and Return of Security Fund. Upon completion of the work authorized under the permit, the permittee shall be entitled to the return of the security fund, or such portion thereof as remains on deposit, within a reasonable time after account is taken for all offsets necessary to compensate the village for failure by the permittee to comply with any provisions of this chapter 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 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.
(Ord. 98-060, passed 11-16-98).
78.011 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 working days after receipt of the written notice of revocation; or
(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 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 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 days notice to the permittee, remove the subject facilities or equipment; or (3) after not less than thirty 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.
(Ord. 98-060, passed 11-16-98).
78.012 Change of ownership or owner's identity or legal status.
(A) Notification of Change. A utility shall notify the village no less than thirty 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 chapter, 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.
(Ord. 98-060, passed 11-16-98).
78.013 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 the following IDOT publications:
(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 chapter, the superintendent of public works shall determine, in the exercise of sound engineering judgment, which principles apply and such decision shall be final. If requested, the superintendent of public works shall state which standard or principle will apply to the construction, maintenance, or operation of a facility in the future.
(Ord. 98-060, passed 11-16-98).
78.014 Traffic control.
(A) Minimum Requirements. The village's minimum requirements for traffic protection are contained in IDOT's Illinois Manual on Uniform Traffic Control Devices and this code.
(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.
(D) Notice When Access is Blocked. At least forty-eight 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 78.020 of this chapter, the utility shall provide such notice as is practicable under the circumstances.
(E) Compliance. The utility shall take immediate action to correct any in traffic protection requirements that are brought to the utility's attention by the village.
REGULATION OF ENCROACHMENT ON PUBLIC RIGHT-OF-WAY
EXCAVATIONS
SNOW EMERGENCIES
CONSTRUCTION OF UTILITY FACILITIES IN THE PUBLIC RIGHTS-OF-WAY
| Type of Facility | Minimum Cover |
| Power or communication line (in general) | 30 inches (0.8 m) |
| Communication line installed by the plowed method | 24 inches (0.6 m) |
| Gas or petroleum products | 30 inches (0.8 m) |
| Water line | Sufficient cover to provide freeze protection |
| Sanitary sewer, storm sewer, or drainage line | Sufficient cover to provide freeze protection |
(B) Standards and Requirements for Particular Types of Facilities.
(1) Electric Power or Communication Lines.
(a) 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 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.
(b) Overhead Facilities. Overhead power or communication facilities 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.
(c) 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.
(2) Underground Facilities Other than Electric Power or Communication Lines. Underground facilities other than electric power or communication lines may be installed by:
(a) The use of "moles," "whip augers," or other approved methods which compress the earth to move the opening for the pipe;
(b) Jacking or boring with vented encasement provided between the ditch lines or toes of slopes of the highway;
(c) Open trench with vented encasement between ultimate ditch lines or toes of slopes, but only if prior to roadway construction; or
(d) Tunneling with vented encasement, but only if installation is not possible by other means.
(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 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 recommendations of 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 superintendent of public works. With the approval of the superintendent of public works, 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 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. All pipe, conduit, wire, poles, cross arms, or other materials shall be distributed along the right-of-way prior to and during installation in a manner to minimize hazards to the public or an obstacle to right-of-way maintenance or damage to the right-of-way and other property. If material is to be stored on right-of-way, prior approval must be obtained from the village.
(3) Hazardous Materials. The plans submitted by the utility to the village shall identify any hazardous materials that may be involved in the construction of the new facilities or removal of any existing facilities.
(D) Operational Restrictions.
(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 superintendent of public works when emergency work is required to restore vital utility services.
(3) Unless otherwise permitted by the village, the hours of construction are from sunrise to sunset.
(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 forty-eight hours, excluding weekends and holidays, in accordance with the Illinois Underground Facilities Damage Prevention Act (220 ILCS 50/1 et seq.).
(Ord. 98-060, passed 11-16-98).
78.017 Vegetation control.
(A) Tree Trimming Permit Required. Tree trimming 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 chapter.
(1) Application for Tree Trimming Permit. Applications for tree trimming permits shall include assurance that the work will be accomplished by competent workers with supervision who are experienced in accepted tree pruning practices. Tree trimming permits shall designate an expiration date in the interest of assuring that the work will be expeditiously accomplished.
(2) Damage to Trees. Poor pruning practices resulting in damaged or misshapen trees will not be tolerated and shall be grounds for cancellation of the tree trimming permit and for assessment of damages. The village will require compensation for trees extensively damaged and for trees removed without 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.
(B) 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.
(C) Chemical Use. Spraying of any type of brush-killing chemicals will not be permitted on rights-of-way unless the utility demonstrates to the satisfaction of the superintendent of public works that such spraying is the only practicable method of vegetation control.
(Ord. 98-060, passed 11-16-98).
78.018 Removal, relocation or modifications of utility facilities.
(A) Notice. Within ninety 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 improvement in or upon, or the operations of the village in or upon, the rights-of-way.
(B) Removal of Unauthorized Facilities. Within thirty days following written notice from the village, any utility that owns, controls, or maintains any unauthorized notice from the village, facility or related appurtenances within the public rights-of-way shall, at its own expense, remove all or any part of such facilities or appurtenances from the public rights-of-way. A facility is unauthorized and subject to removal in the following circumstances:
(1) Upon expiration or termination of the permittee's license or franchise, unless otherwise permitted by applicable law;
(2) If the facility was constructed or installed without the prior grant of a license or franchise, if required;
(3) If the facility was constructed or installed without prior issuance of a required permit in violation of this chapter; 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 days. Following receipt of such notice the village may direct the utility to remove all or any portion of the facility if the superintendent of public works 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.
(Ord. 98-060, passed 11-16-98).
78.019 Cleanup and restoration.
Upon completion of all construction or maintenance of facilities, the utility shall remove all excess material and restore all turf and terrain in a timely manner and 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 superintendent of public works. 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 to the commencement of the project.
(Ord. 98-060, passed 11-16-98).
78.020 Maintenance and emergency maintenance.
(A) General. Facilities on, over, above, along, upon, under, across, or within rights-of-way are to be maintained by or for the utility in a manner satisfactory to the village and at the utility's expense.
(B) Emergency Maintenance Procedures. Emergencies may justify noncompliance 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 highway or the public on the right-of-way including the use of signs, lights, barricades or flaggers. If a hazard does not exist on the traveled way, but the nature of the emergency is such as to require the parking on the shoulder of equipment required in repair operations, adequate signs and lights shall be provided. Parking on the shoulder in such an emergency will only be permitted when no other means of access to the facility is available.
(2) In an emergency, the utility shall, as soon as possible, notify the superintendent of public works or his or her duly authorized agent of the emergency, informing him or her as to 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 shall be notified immediately.
(3) In an emergency, the utility shall use all means at hand to complete repairs as rapidly as practicable and with the least inconvenience to the traveling public.
(C) Emergency Repairs. The utility must file in writing with the village of a description of the repairs undertaken in the right-of-way within forty-eight hours after an emergency repair.
(Ord. 98-060, passed 11-16-98).
78.021 Variances.
(A) Request for Variance. A utility requesting a variance from one or more of the provisions of this chapter must do so in writing to the superintendent of public works as a part of the permit application. The request shall identify each provision of this chapter from which a variance is requested and the reasons why a variance should be granted.
(B) Authority to Grant Variances. The superintendent of public works shall decide whether a variance is authorized for each provision of this chapter identified in the variance request on an individual basis.
(C) Conditions for Granting of Variance. The superintendent of public works 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 superintendent of public works may require the utility requesting the variance to meet reasonable standards and conditions that may or may not be expressly contained within this chapter but which carry out the purposes of this chapter.
(Ord. 98-060, passed 11-16-98).
78.022 Penalties.
Any person who violates, disobeys, omits, neglects or refuses to comply with any of the provisions of this chapter 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 chapter. 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 who does not pay the costs apportioned to it.
(Ord. 98-060, passed 11-16-98).
78.023 Enforcement.
Nothing in this chapter shall be construed as limiting any additional or further remedies that the village may have for enforcement of this chapter.