§ 58-227. Permit required; application and fees.

(a)

Permit required . No Entity, without first filing an application and obtaining a permit from the City Engineer, shall Construct any Facility on, over, above, along, upon, under, across, or within any Public Way which:

(1)

Changes the size or location of the Facility;

(2)

Adds a new Facility;

(3)

Disrupts the Public Way; or

(4)

Materially increases the amount of area or space occupied by the Facility, except as otherwise provided in this Article.

No permit shall be required for installation and maintenance of service connections to customers' premises where there will be no disruption of the Public Way.

(b)

Permit application . All applications for permits pursuant to this Article shall be filed on a form approved by the City and shall be filed in such number of duplicate copies as the City may designate. The applicant may designate those portions of its application materials that it reasonably believes contain proprietary or confidential information as "proprietary" or "confidential" by clearly marking each page of such materials accordingly.

(c)

Minimum general application requirements . The application shall be made by the Entity or its duly authorized representative and shall contain, at a minimum, the following:

(1)

The Entity's name and address and telephone and facsimile (fax) numbers;

(2)

The applicant's name and address, if different than the Entity, its telephone, facsimile (fax) numbers, e-mail address, and its interest in the work;

(3)

The Entity or applicant's project manager's name, telephone number and e-mail address;

(4)

The names, addresses and telephone and facsimile (fax) numbers of all professional consultants, if any, advising the applicant with respect to the application;

(5)

A 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, as determined by the City Engineer, with special emphasis on those matters likely to be affected or impacted by the work proposed;

(6)

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;

(7)

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 City and shall promote protection of the safety and convenience of the public. Compliance with ICC regulations for emergency contingency plans constitutes compliance with this Article unless the City finds that additional information or assurances are needed;

(8)

Drawings, plans and specifications showing the work proposed, including sufficient information regarding the types and quantities to be installed, the certification of an engineer that such drawings, plans, and specifications comply with applicable codes, rules, and regulations;

(9)

Evidence of insurance as required in section 58-231;

(10)

Evidence of posting of the Security Fund as required in section 58-233;

(11)

Any request for a variance from one or more provisions of this Article; and

(12)

Such additional information as may be reasonably required by the City Engineer.

(d)

Supplemental application requirements for specific types of Facilities . In addition to the requirements of subsection (c) of this Section, the permit application shall include the following items as applicable to the specific Facility 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 a "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 petroleum products pipelines, the type or types of petroleum products, pipe size, maximum working pressure, and the design standard to be followed; and

(4)

Identification of the zoning district or districts contiguous to the Public Way, in which the Above Ground Service Facility is proposed.

(e)

Applicant's duty to update information . Throughout the entire permit application review period and the Construction period authorized by the permit, any change in the information set forth in a permit application shall be updated, in writing, to the City Engineer within 30 days after said change occurs.

(f)

Application fees . Unless otherwise provided by franchise, license, or similar agreement, all applications for permits pursuant to this Article shall be in accordance with appendix B to this Code.

(g)

Permit prohibitions .

(1)

No Above Ground Service Facility shall be permitted in any Public Way contiguous to and having a physical border with the front yard or the corner side yard of any private property unless the zoning district containing the private property permits the installation of above ground service Facilities in front yards or corner side yards.

(2)

No portion or part of any Above Ground Service Facility shall be installed over a potable water line, sanitary sewer line, stormwater sewer line, underground natural gas line, or underground electrical conduit unless engineering means are approved by the City Engineer and installed to provide adequate access to the lines for inspection, repairs or emergency access. Any applicant for a permit for an Above Ground Service Facility will use reasonable engineering methods to design the location of the Above Ground Service Facility not less than five feet from any existing underground potable waterline, sanitary sewer line, stormwater sewer line, underground gas line or underground electrical conduit and so as to minimize the probability that the Above Ground Service Facility will subside or cause soils in the area of the line to collapse if the ground is opened to access the line. Distances of less than five feet may be authorized by the City Engineer where he determines that the Above Ground Service Facility has been engineered so as to not create an unreasonable risk of harm to the underground lines.

(3)

No Facility shall be installed underground where there is inadequate space to permit access maintenance and replacement of existing underground utilities or Facilities or where the placement of an above ground Facility threatens the pedestrian or vehicular safety.

(4)

Where Above Ground Service Facilities would require a variation for installation on private property within a zoning district contiguous to a Public Way, no large above ground mounted Facility shall be installed within a contiguous Public Way without a variation granted by the corporate authorities. This variation shall be considered a major variation to be determined by the corporate authorities and shall be subject to all procedural and variation standards set forth in the Wheaton Zoning Ordinance.

(5)

No Transmission Tower used to support Personal Wireless Service Facilities shall be permitted in any Public Way.

(6)

Personal Wireless Service Facilities may be located on an existing Utility Pole that is within the Public Way. Personal Wireless Service Facilities shall comply with Above Ground Service Facilities requirements as set forth herein and subject to the following conditions:

a.

The addition of said Personal Wireless Service Facilities does not exceed more than seven feet above the height of the existing Utility Pole to which it is attached;

b.

No guy or other support wires shall be used in connection with such Personal Wireless Service Facilities;

c.

Personal Wireless Service Facilities antenna and related equipment shall not exceed four square feet in antenna surface area or four feet in any dimension;

d.

Replacement Utility Poles can be placed at the same height as the existing Utility Pole to accommodate Personal Wireless Service Facilities;

e.

Personal Wireless Service Facilities, including antenna and related equipment shall be a color that blends with the surroundings of the existing Utility Pole on which it is mounted. Any wiring on the Utility Pole must be covered with an appropriate cover or cable shield;

f.

Not more than one Personal Wireless Service Facility may be located on an existing single Utility Pole;

g.

No Personal Wireless Facility shall be installed within 300 feet of an existing Personal Wireless Facility or within 300 feet of a site specific location already granted a permit for a Personal Wireless Facility; and

h.

Facilities mounted on an existing Utility Pole of a current franchisee or licensee with the written permission of the franchisee or licensee, regardless of the terms and conditions of any existing franchise or license agreement between the City and, a franchisee or a licensee, so long as the owner of the Facilities has entered into a Master License Agreement as required by this Article and secured a site specific permit as required by the Master License Agreement. An applicant for a site specific permit under the terms and conditions of the Master License Agreement, shall submit its written agreement with the franchisee or licensee, which owns the existing Utility Pole as part of its site specific permit application.

(7)

No variations of the foregoing permit prohibitions may be granted by the City Engineer.

(Code 1996, § 58-227; Ord. No. F-1323, § 1, 12-3-2007; Ord. No. F-1953, § 1, 8-1-2016)