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HomeMy WebLinkAboutORDINANCE - 3858 - 6/18/2024 - AMENDING STANDARDS CONSTRUCTING FACILITIES ELECTRICAL UTILITY DESIGN STANDARDS MANUALORDINANCE NO.3858 AN ORDINANCE AMENDING THE STANDARDS FOR CONSTRUCTING FACILITIES IN THE RIGHT OF WAY AND ADOPTING AN ELECTRIC UTILITY DESIGN STANDARDS MANUAL WHEREAS, the Village of Elk Grove Village ("Village") is an Illinois home rule municipal corporation organized and operating under the Constitution and laws of the State of Illinois; and WHEREAS, the Village has the authority to adopt ordinances and to promulgate rules and regulations that pertain to its government and affairs and governing the use of public right-of-way and that protect the public health, safety, and welfare of its citizens; and WHEREAS, the Village uses the public rights -of -way within its corporate limits to provide essential public services to its residents and businesses, including traffic control signals, street lighting, water, sanitary sewers, and storm sewers; and WHEREAS, other utility service providers, including electricity, telephone, natural gas and cable television and video service providers have placed, or from time to time may request to place, certain utility facilities in the public rights -of -way within the Village; and WHEREAS, the public rights -of -way within the Village are a limited public resource held in trust by the Village for the benefit of its citizens and the Village has a custodial duty to ensure that the public rights -of -way are used, repaired and maintained in a manner that best serves the public interest; and WHEREAS, on or about November 13, 2007, the Village approved Ordinance No. 3145 establishing standards for constructing facilities in Village rights of way ("Utility Code"); and WHEREAS, since that time, the demand for electric utility service in the Village has grown dramatically; and WHEREAS, the Village wishes to amend the Utility Code to identify the appropriate location for electric utility lines and further establish conditions applicable to the construction of electric utilities; and WHEREAS, this Ordinance is adopted pursuant to the Village's home rule authority; the Illinois Municipal Code, 65 ILCS 5/1-1-1, et seq., including, without limitation, Sections 11-20-5, 11-20-10, 11-42-11, 11-42-11.2, 11-80-1, 11-80-3, 11-80-6, 11-80-7, 11-80-8, 11-80-10, and 11- 80-13; and the Illinois Highway Code, 605 ILCS 5/1-101 et seq. including, without limitation, Articles 7 and 9 thereof, and NOW, THEREFORE, BE IT ORDAINED by the Mayor and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage, State of Illinois, in exercise of its home rule powers, as follows: Section 1: RECITALS AND EXHIBITS. The recitals set forth above and all exhibits attached to this Ordinance are incorporated into this Section as if fully set forth herein. Section 2: CODE AMENDED. Elk Grove Village Code of Ordinances ("Code") Section 8-8-9-2 is amended as follows (additions underlined): 8-8-9-2: DEFINITIONS: As used in this section 8-8-9 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 Illinois administrative code section 530.30, unless the context clearly requires otherwise. UTILITY The individual or entity owning or operating any "facility" as defined in this section. ELECTRIC UTILITY DESIGN STANDARDS MANUAL: Those standards that were adopted by the Village on June 18, 2024. as amended, and are nubl_i_cly available for review at the Department of Community Development Office. Section 3: CODE AMENDED. Code Section 8-8-9-4 is amended as follows (deletions sly and additions underlined 8-8-9-4: PERMIT REQUIRED; APPLICATIONS AND FEES: F. Appliea4ien-Fees: 1. Application Fees. Unless otherwise provided by franchise, license, or similar agreement, all applications for permits pursuant to this section shall be accompanied by a fee in the amount of one thousand five hundred dollars ($1,500.00). No application fee is required to be paid by any electricity utility that is paying the municipal electricity infrastructure maintenance fee, or providing a franchise payment, pursuant to the Electricity Infrastructure Maintenance Fee Law, being 35 ILCS 645/5-1 et seq. 2. Utility Fees. All permits pursuant to this section shall be subject to the fees set forth in the Electric Utility Design Standards Manual. Section 4: CODE AMENDED. Code Section 8-8-9-13 is amended as follows (additions underlined and deletions stFu k thr-,,, 8-8-9-13: 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, including, without limitation, the Electric Utility Design Standards Manual, 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, as amended from time to time: 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" 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 section 8-8-9, the Director of Community Development shall determine, in the exercise of sound engineering judgment, which principles apply and such decision shall be final. If requested, the Director of Community Development shall state which standard or principle will apply to the construction, maintenance, or operation of a facility in the future. Section 5: CODE AMENDED. Code Section 8-8-9-15 is amended as follows (deletions str•He-k thr-et+gh and additions underlined): 8-8-9-15: LOCATION OF FACILITIES: F. Location Of Electric Distribution Lines: Aboveground f4eilities May be insta io a Only if-- ; feasible; aim 3. Suitable —Designs -And Mater-iaiTr The proposed--insst--1l-Ati-An :,, be made leeeAien, and will empley seitable design and materials, to provide the grea Pf of aesthetie qualities of the area being traversed without adversely affeeting sa designs inelude, but are nat limited to, self suppei4ing ar-mless, Single pOle e0nstr-tietieR withyei ieal eanfigur-ation of eendueters— and ,•,�isting- utility =-poles and light standards shall be used wherever- pr-aetieable; the installation of additional afility poles is row fie No permanent or temporary overhead electricdistribution lines shall be per-miaed to be installed; provided, however, new permanent or temporary overhead electric lines may be installed on poles that were in existence on June 18 2024 leea4ion aleng Busse Read of Elmhurst Road. 5. Additional l Distribution lminesb.All ^ *y ad44 e*a4 permanent ands temporary electric distribution lines shall be installed below gfetind at the expense of the customer or the property owner} as the case may be and, unless authorized by the preceding sentence, shall be installed below ground. Section 6: CODE AMENDED. Code Section 8-8-9-16 is amended as follows (deletions stfue-k thfeto and additions underlined): 8-8-9-16: CONSTRUCTION METHODS AND MATERIALS: A. Standards And Requirements For Particular Types Of Construction Methods: 6. Minimum Cover Of Underground Facilities: Cover shall be provided and maintained at least in the amount specified in the following table for minimum cover for the type of facility: Type Of Facility Minimum Cover Electric lines 30 inches (0 Q ,,4In accordance with the Electric Utility Design Standards Manual Communication, 18 to 24 inches (0.46m to 0.6m, as determined by cable or video village feity}) service lines Gas or petroleum 30 inches (0.8m) products Water line Sufficient cover to provide freeze protection Sanitary sewer, Sufficient cover to provide freeze protection storm sewer, or drainage line 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 Illinois administrative code part 305 (formerly general order 160 of the Illinois commerce commission) entitled "rules for construction of electric power and communications lines", and the national electrical safety code. b. Overhead Facilities: Where permitted by this Section 8-8-9overheadO*eAwad 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 guywires are equipped with guy guards for maximum visibility. Section 7: MANUAL ADOPTED, ENFORCEMENT. The Electric Utility Design Standards Manual ("Manual") attached as Exhibit A is hereby adopted. The Director of Community Development is directed to make the Manual available to the public at the Department of Community Development Office. The Village Manager, or their designee, is hereby: (a) authorized and directed to enforce the Manual, and (b) authorized to periodically update, revise, and amend the Manual, provided that no update, revision, or amendment shall be effective until the updated Manual has been made publicly available at the Department of Community Development Office for at least five (5) calendar days. Section 8: SUPERSEDER. In the event a conflict exists between the terms of this Ordinance and any other ordinance or resolution of the Village, the terms of this Ordinance shall govern. Section 9: SEVERABILITY. This Ordinance and every provision thereof shall be considered severable. If any word, phrase, clause, sentence, paragraph, provision, section, or part of this Ordinance is found to be void, unconstitutional, or otherwise unenforceable, all remaining portions of this Ordinance not so declared void, unconstitutional, or unenforceable shall remain in full force and effect. Section 10: EFFECTIVE DATE. This Ordinance shall be in effect immediately from and after its passage and approval and publication in the manner provided by law. The provisions of the Code amended herein shall be reprinted with the changes. VOTE: AYES: 6 NAYS: 0 ABSENT: 0 PASSED this 1811 day of June 2024 APPROVED this 181h day of June 2024 APPROVED: Mayor Craig B. Johnson Village of Elk Grove Village ATTEST: Loretta M. Murphy, Village Clerk PUBLISHED in pamphlet form this 20'h day of June 2024.