§ 20-203. Purpose, intent and scope.

(a)

Purpose. The purpose of this article, including each of its further subsections, is to establish policies and procedures for constructing facilities on rights-of-way within the village's jurisdiction, which will provide public benefit consistent with the preservation of the integrity, safe usage, and visual qualities of the village rights-of-way and the village as a whole.

(b)

Intent. In enacting this article, the village intends to exercise its authority over the rights-of-way in the village and, in particular, the use of the public ways and property by utilities, by establishing uniform standards to address issues presented by utility facilities, including without limitation:

(1)

Preventing interference with the use of streets, sidewalks, alleys, parkways and other public ways and places;

(2)

Preventing the creation of visual and physical obstructions and other conditions that are hazardous to vehicular and pedestrian traffic;

(3)

Preventing interference with the facilities and operations of the village's utilities and of other utilities lawfully located in rights-of-way or public property;

(4)

Protecting against environmental damage, including damage to trees, from the installation of utility facilities;

(5)

Protecting against increased stormwater run-off due to structures and materials that increase impermeable surfaces;

(6)

Preserving the character of the neighborhoods in which facilities are installed;

(7)

Preserving open space, particularly the tree-lined parkways that characterize the village's residential neighborhoods;

(8)

Preventing visual blight from the proliferation of facilities in the rights-of-way; and

(9)

Ensuring the continued safe use and enjoyment of private properties adjacent to utility facilities locations.

(c)

Facilities subject to this article. This article applies to all facilities on, over, above, along, upon, under, across, or within the rights-of-way within the jurisdiction of the village. A facility lawfully established prior to the effective date of this article may continue to be maintained, repaired and operated by the utility as presently constructed and located, except as may be otherwise provided in any applicable franchise, license or similar agreement.

(d)

Franchises, licenses, or similar agreements. The village, in its discretion and as limited by law, may require utilities to enter into a franchise, license or similar agreement for the privilege of locating their facilities on, over, above, along, upon, under, across, or within the village rights-of-way. Utilities that are not required by law to enter into such an agreement may request that the village enter into such an agreement. In such an agreement, the village may provide for terms and conditions inconsistent with this article.

(e)

Effect of franchises, licenses, or similar agreements.

(1)

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 article and the provisions of any franchise, license or similar agreement between the village and any telecommunications provider, the provisions of such franchise, license or similar agreement shall govern and control during the term of such agreement and any lawful renewal or extension thereof.

(f)

Conflicts with other sections. This article supersedes all sections or parts of chapter 20 adopted prior hereto that are in conflict herewith, to the extent of such conflict.

(g)

Conflicts with state and federal laws. In the event that applicable federal or state law or regulations conflict with the requirements of this article, the utility shall comply with the requirements of this article to the maximum extent possible without violating federal or state law or regulations.

(h)

Sound engineering judgment. The village shall use sound engineering judgment when administering this article and may vary the standards, conditions, and requirements expressed in this article when the village so determines. Nothing herein shall be construed to limit the ability of the village to regulate its rights-of-way for the protection of the public health, safety and welfare.

(Code 1993, § 16-16.1; Ord. No. 2007-O-73, 10-23-2007)