A.   A certain document, the 2024 International Building Code, all of the regulations, provisions, penalties, conditions and terms, including appendix chapters B, C, and G, as published by the International Code Council, Inc., be and is hereby adopted by reference as if fully set forth herein, as the building code of the City of Plano, state of Illinois; for the control of buildings and structures as herein provided, with the additions, insertions, deletions and changes, if any, prescribed in section 4-1-2 of this chapter.

   B.   Copies On File: The building code has been on file in the office of the clerk of the city for more than thirty (30) days prior to the adoption hereof, and three (3) copies are on file in the office of the city clerk and available for public use, inspection, and examination. (Ord. 2025-17, 9-22-2025)

The following sections are hereby revised as follows:

Section 101.1: Insert: City of Plano, Illinois.

Section 101.2.1: Insert: Appendices B, C, and G are adopted herein.

Section 103.1: Delete in its entirety.

Section 105.2: Delete items under "Building" 1, 2 & 8.

Section 114.4: Violation Penalties: Shall be adopted as follows:

Any person who violates a provision of the building code or any amendments to the building code as set forth in this chapter or fails to comply with any of the requirements thereof or who erects, constructs, alters or repairs a building or structure in violation of the approved construction documents or directive of the building officer or inspector, or of a permit or certificate issued under the provisions of the building code, shall be guilty of a petty offense or civil infraction and punished as prescribed by law and as provided in section 1-4-1 of this code. Each day that a violation continues shall be deemed a separate offense.

Section 903.2.8: Add: Exemption: a) Residential construction regulated by the international residential code for one- and two- family dwellings.

Section 1612.3: Insert: "City of Plano, Illinois" and "February 4, 2009". (Ord. 2025-17, 9-22-2025)

Nothing in this chapter or in the building code hereby adopted shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this chapter. (Ord. 2025-17, 9-22-2025)

It is hereby declared to be the intention of the mayor and city council of the City of Plano, Illinois, that the several provisions of this chapter and the provisions of the building code are separable, in accordance with the following:

   A.    If any court of competent jurisdiction shall declare any provision hereof invalid, such ruling shall not affect any other provision of this chapter not specifically included in the said ruling.

   B.    If any court of competent jurisdiction shall declare invalid the application of any provision of this chapter or of the building code to a particular property, building or other structure, such ruling shall not affect the application of said provision to any other property, building or structure not specifically included in said ruling. (Ord. 2025-17, 9-22-2025)

   A.   A certain document, the 2024 International Mechanical Code, all of the regulations, provisions, penalties, conditions and terms, including appendix chapter A, as published by the International Code Council, be and is hereby adopted by reference as if fully set forth herein, as the mechanical code of the City of Plano, state of Illinois; for regulating the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of mechanical systems in the City of Plano, and providing for the issuance of permits and collection of fees therefor as herein provided, with the additions, insertions, deletions and changes, if any, prescribed in section 4-2-2 of this chapter.

   B.   Copies On File: The mechanical code has been on file in the office of the clerk of the city for more than thirty (30) days prior to the adoption hereof, and three (3) copies are on file in the office of the city clerk and available for public use, inspection, and examination.(Ord. 2025-17, 9-22-2025)

The following sections are hereby revised:

Section 101.1: Insert: "City of Plano, Illinois".

Section 101.2.1: Adopt appendix A.

Section 103.1: Delete in its entirety.

Section 108.4: Violation Penalties: Shall be adopted as follows:

Persons who shall violate a provision of the mechanical code or amendments to the mechanical code as set forth in this chapter or shall fail to comply with any of the requirements thereof or who shall erect, install, alter or repair mechanical work in violation of the approved construction documents or directive of the building officer or inspector, or of a permit or certificate issued under the provisions of the mechanical code, shall be guilty of a petty offense or civil infraction and punished as prescribed by law and as provided in section 1-4-1 of this code. Each day that a violation continues shall be deemed a separate offense.(Ord. 2025-17, 9-22-2025)

Nothing in this chapter or in the mechanical code hereby adopted shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this chapter.(Ord. 2025-17, 9-22-2025)

It is hereby declared to be the intention of the mayor and city council of the City of Plano, Illinois, that the several provisions of this chapter and the provisions of the mechanical code are separable, in accordance with the following:

   A.   If any court of competent jurisdiction shall declare any provision hereof invalid, such ruling shall not affect any other provision of this chapter not specifically included in the said ruling.

   B.   If any court of competent jurisdiction shall declare invalid the application of any provision of this chapter or of the mechanical code to a particular property, building or other structure, such ruling shall not affect the application of said provision to any other property, building or structure not specifically included in said ruling. (Ord. 2025-17, 9-22-2025)

   A.   A certain document, the 2023 national electrical code (NFPA 70), all of the regulations, provisions, penalties, conditions and terms, as published by the National Fire Protection Association, be and is hereby adopted by reference as if fully set forth herein, as the electrical code of the City of Plano, State of Illinois, for the fabrication, erection, construction, enlargement, alteration, and repair of all structures serviced by electricity; as herein provided, with the additions, insertions, deletions and changes, if any, prescribed in section 4-1-2 of this chapter.

   B.   Copies On File: The electrical code has been on file in the office of the clerk of the city for more than thirty (30) days prior to the adoption hereof, and three (3) copies are on file in the office of the city clerk and available for public use, inspection, and examination. (Ord. 2025-17, 9-22-2025)

The following sections are hereby revised as follows:

Any person who fails to comply with the provisions of electrical code, or any amendments to the electrical code as set forth in this chapter, who fails to carry out an order made pursuant to the electrical code, who fails to carry out an order made pursuant to the electrical code, or violates any condition attached to a permit, approval or certificate, shall be guilty of a petty offense or civil infraction and punished as prescribed by law and as provided in section 1-4-1 of this code. Each day that a violation continues shall be deemed a separate offense. (Ord. 2025-17, 9-22-2025)

Nothing in this chapter or in the electrical code hereby adopted shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this chapter. (Ord. 2025-17, 9-22-2025)

It is hereby declared to be the intention of the mayor and city council of the City of Plano, Illinois, that the several provisions of this chapter and the provisions of the electrical code are separable, in accordance with the following:

   A.   If any court of competent jurisdiction shall declare any provision hereof invalid, such ruling shall not affect any other provision of this chapter not specifically included in the said ruling.

   B.   If any court of competent jurisdiction shall declare invalid the application of any provision of this chapter or of the electrical code to a particular property, building or other structure, such ruling shall not affect the application of said provision to any other property, building or structure not specifically included in said ruling. (Ord. 2025-17, 9-22-2025)

   A.   A certain document, the 2024 International Residential Code for One-and Two-Family Dwellings, all of the regulations, provisions, penalties, conditions and terms, including appendix chapters, BA, BB, BD, BE, BF, BM, BO, CA, CB and CD as published by the International Code Council, be and is hereby adopted by reference as if fully set forth herein, as the residential code of the City of Plano, state of Illinois; for regulating the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of one- and two-family dwellings and townhouses not more than three (3) stories in height, and providing for the issuance of permits and collection of fees therefor; with the additions, insertions, deletions and changes, if any, prescribed in section 4-4-2 of this chapter.

   B.   Copies On File: The residential code has been on file in the office of the clerk of the city for more than thirty (30) days prior to the adoption hereof, and three (3) copies are on file in the office of the city clerk and available for public use, inspection, and examination. (Ord. 2025-17, 9-22-2025)

The following sections are hereby revised:

Section R101.1: Insert "City of Plano, Illinois".

Section R101.2.1: Adopt/insert "appendices BA, BB, BD, BE, BF, BM, BO, CA, CB and CD, are adopted herein".

Section R103.1: Delete in its entirety. (Building department already created by ordinance.)

Section R105.2: Under "Building" delete items 1, 2, and 10.

Section R113.4: Violation Penalties: Shall be adopted as follows:

Any person who violates a provision of the residential code or any amendments to the residential code as set forth in this chapter or fails to comply with any of the requirements thereof or who erects, constructs, alters or repairs a building or structure in violation of the approved construction documents or directive of the building officer and inspector, or of a permit or certificate issued under the provisions of the residential code shall be guilty of a petty offense or civil infraction and punished as prescribed by law and as provided in section 1-4-1 of this code. Each day that a violation continues shall be deemed a separate offense.

Table R301.2 (1): Insert the following:

 

 

Section R313.2: Delete in its entirety.

Section P2603.5.1: Insert "forty-eight inches (48")” in the first and second lines. (Ord. 2025-17, 9-22-2025)

Nothing in this chapter or in the residential code hereby adopted shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this chapter. (Ord. 2025-17, 9-22-2025)

It is hereby declared to be the intention of the mayor and city council of the City of Plano, Illinois, that the several provisions of this chapter and the provisions of the residential code are separable, in accordance with the following:

   A.   If any court of competent jurisdiction shall declare any provision hereof invalid, such ruling shall not affect any other provision of this chapter not specifically included in the said ruling.

   B.   If any court of competent jurisdiction shall declare invalid the application of any provision of this chapter or of the residential code to a particular property, building or other structure, such ruling shall not affect the application of said provision to any other property, building or structure not specifically included in said ruling. (Ord. 2025-17, 9-22-2025)

   It is the intent of the city to promote safety and integrity in all buildings and structures in the city.

(Ord. 1992-10, 5-26-1992)

   Structures constructed and/or installed, including remodeling and renovation involving structural modification and/or integrity and all remodeling and renovation involving plumbing installation and modification and/or installation of electrical services or modifications thereto, in all zoning districts within the municipal boundaries of the city shall require a building permit. Structures shall include all buildings and dwellings, both public and private, and all fences, decks, porches, pergolas, gazebos, patio overhangs, flatwork (including patios, sidewalks, driveways and the like) constructed of brick pavers, concrete, asphalt and similar materials, and accessory buildings (including garages, sheds, pools, and the like).

(Ord. 1992-10, 5-26-1992; amd. Ord. 2024-29, 8-26-2024)

   All drawings submitted for review (with the exception of drawings for single- family residences) must carry the certifying stamp of a state of Illinois registered architect or engineer. Uncertified drawings must undergo a complete ICC review with costs to be borne by the applicant.

(Ord. 1992-10, 5-26-1992; amd. Ord. 2024-29, 8-26-2024)

   The schedule of fees hereinafter set forth, based upon the gross square footage under roof (including basements and garages) and the required number of building inspections for the type of construction proposed, shall be paid to the city clerk prior to the issuance of any building permit. (Ord. 2006-13, 2-27-2006)

   A.   The basic building permit fees shall be calculated as follows:

 

(Ord. 2006-13, 2-27-2006; amd. Ord. 2009-22, 8-24-2009)

   B.   The foregoing building permit fees shall be in addition to any other fees otherwise imposed by this code, such as building inspection fees, plumbing inspections and related fees.

   C.   The basic building permit fees imposed by this section shall be reduced by fifty percent (50%) for building permits issued to not for profit organizations, associations or corporations, such as churches, schools, and veterans' organizations, recognized as not for profit under the internal revenue code.

(Ord. 2006-13, 2-27-2006; amd. Ord. 2024-29, 8-26-2024)

   Standard inspection fees shall be fifty-five dollars ($55.00) per inspection and the number of inspections shall be determined at the building application review. Additional inspections shall be charged at the same fifty-five dollars ($55.00) per inspection rate. Zoning inspection fees for patios, sidewalks, driveways, porches, pergolas, patio overhangs, pools, decks, fences and sheds shall be twenty dollars ($20.00).

(Ord. 2001-8, 5-29-2001; amd. Ord. 2003-39, 8-25-2003; Ord. 2024-29, 8-26-2024)

   Standard one family, duplex and attached residential plumbing fees shall be one hundred dollars ($100.00) per inspection, with the number of inspections to be determined at the time of building permit application review. Any needed additional inspections shall be charged at the same one hundred dollar ($100.00) per inspection rate. Plumbing fees for multiple-family, industrial and commercial buildings shall be twenty-five dollars ($25.00) per plumbing drain, per inspection. Any needed additional inspections shall be charged at the same twenty-five dollar ($25.00) per plumbing drain, per inspection rate. (Ord. 2001-8, 5-29-2001; amd. Ord. 2022-11, 8-22-2022)

   Wherever in the discretion of the building and zoning administrator/inspector or the plumbing inspector, additional or extra inspections shall become necessary because of faulty, incorrect, or substandard workmanship, or because of the complexity of the project, the particular contractor concerned, or the owner of said premises, if there is no contractor, shall pay in advance to the city clerk the sum of fifty-five dollars ($55.00) for each such additional or extra inspection.

(Ord. 1992-10, 5-26-1992; amd. Ord. 2006-13, 2-27-2006; Ord. 2024-29, 8-26-2024)

No final occupancy permit shall be issued until all fees hereunder are paid in full. (Ord. 1992-10, 5-26-1992)

   A.   A certain document, the 2024 International Fire Code, all of the regulations, provisions, penalties, conditions and terms, including appendix chapters B, C, D, E, F, G, H, I, and N), as published by the International Code Council, Inc., be and is hereby adopted by reference as if fully set forth herein, as the fire code of the City of Plano for regulating and governing the safeguarding of life and property from fire and explosion hazards arising from the storage, handling, and use of hazardous substances, materials, and devices and from the conditions hazardous to life or property in the occupancy of buildings and premises in the City of Plano, and providing for the issuance of permits for hazardous uses and operations; with the additions, insertions, deletions and changes, if any, prescribed in section 4-6-2 of this chapter.

   B.   Copies On File: The fire code has been on file in the office of the clerk of the city for more than thirty (30) days prior to the adoption hereof, and three (3) copies are on file in the office of the city clerk and available for public use, inspection, and examination. (Ord. 2025-17, 9-22-2025)

The following sections are hereby revised as follows:

 

(Ord. 2025-17, 9-22-2025)

Nothing in this chapter or in the fire code hereby adopted shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this chapter. (Ord. 2025-17, 9-22-2025)

It is hereby declared to be the intention of the mayor and city council of the City of Plano, Illinois, that the several provisions of this chapter and the provisions of the fire code are separable, in accordance with the following:

   A.   If any court of competent jurisdiction shall declare any provision hereof invalid, such ruling shall not affect any other provision of this chapter not specifically included in the said ruling.

   B.   If any court of competent jurisdiction shall declare invalid the application of any provision of this chapter or of the fire code to a particular property, building or other structure, such ruling shall not affect the application of said provision to any other property, building or structure not specifically included in said ruling. (Ord. 2025-17, 9-22-2025)

   A.   A certain document, the state plumbing code of the state of Illinois, all of the regulations, provisions, penalties, conditions and terms, promulgated thereunder by the Illinois department of public health, be and is hereby adopted by reference as if fully set forth herein; and a certain document, the 2024 International Plumbing Code, all of the regulations, provisions, penalties, conditions and terms, including appendix chapters B, C and D, be and is hereby adopted by reference as if fully set forth herein, are both adopted as the plumbing code of the City of Plano, State of Illinois; for regulating the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of plumbing systems in the City of Plano, and providing for the issuance of permits and collection of fees therefor; with the additions, insertions, deletions and changes, if any, prescribed in section 4-7-2 of this chapter.

   B.   In the event of conflict between the state plumbing code and the 2024 international plumbing code, the standards set forth in the state plumbing code of the state of Illinois shall prevail and shall be followed and enforced.

   C.   Copies On File: The plumbing code has been on file in the office of the clerk of the city for more than thirty (30) days prior to the adoption hereof, and three (3) copies are on file in the office of the city clerk and available for public use, inspection, and examination.

The following sections are hereby revised as follows:

Section 101.1: Insert: "City of Plano, Illinois".

Section 101.2.1: Insert: Appendices B, C and D are adopted herein.

Section 103.1: Delete in its entirety. (Building department already created by ordinance.)

Section 112.3: Delete in its entirety.

Section 113.1: Delete in its entirety.

Section 305.4.1: Insert "forty-eight inches (48")” in the third and fifth lines.

Section 903.1: Insert "twelve inches (12")” in the second line.

Section 114.4: Violation penalties. Shall be adopted as follows:

Any person who shall violate a provision of plumbing code or any amendments to the plumbing code as set forth in this chapter or fails to comply with any of the requirements thereof or who shall erect, install, alter or repair plumbing work in violation of the approved construction documents or directive of the code official, or of a permit or certificate issued under the provisions of this code, shall be guilty of a petty offense or civil infraction and punished as prescribed by law and as provided in section 1-4-1 of this code. Each day that a violation continues shall be deemed a separate offense. (Ord. 2025-17, 9-22-2025)

Nothing in this chapter or in the plumbing code hereby adopted shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this chapter. (Ord. 2025-17, 9-22-2025)

It is hereby declared to be the intention of the mayor and city council of the City of Plano, Illinois, that the several provisions of this chapter and the provisions of the plumbing code are separable, in accordance with the following:

   A.   If any court of competent jurisdiction shall declare any provision hereof invalid, such ruling shall not affect any other provision of this chapter not specifically included in the said ruling.

   B.   If any court of competent jurisdiction shall declare invalid the application of any provision of this chapter or of the plumbing code to a particular property, building or other structure, such ruling shall not affect the application of said provision to any other property, building or structure not specifically included in said ruling. (Ord. 2025-17, 9-22-2025)

In the construction, erection, installation, alteration, repair, location, relocation, replacement to, and the use and maintenance of buildings in the City of Plano the following minimum construction standards shall apply. (Ord. 2025-17, 9-22-2025)

Commercial and residential (C/R), commercial only (C), residential only (R). (Ord. 2025-17, 9-22-2025)

   A.   Foundations and footings will be designed in accordance with the 2024 international building code or 2024 international residential code, whichever is applicable. Unless soil borings are submitted proving otherwise, load bearing value of soils will be assumed to be two thousand (2,000) pounds per square foot. (Ord. 2025-17, 9-22-2025)

Minimum five-eighths inch (5/8") gypsum board, fire rated at furnace rooms and garages. (Ord. 2025-17, 9-22-2025)

   A.   One (1) hour rated separation between attached garage and dwelling unit. One hour (1) rated door with closer between garage and dwelling unit. Six-inch (6") gas curb between garage and dwelling unit (or garage floor six (6) inches lower).

   B.   Fire stop under stairs, accessible areas under stairs finished in five-eighths inch (5/8") fire rated gypsum board.

   C.   Prefabricated wood floor trusses (I-joists) protected by five- eighths inch (5/8") fire rated gypsum board, rated dropped ceiling or automatic sprinkler system. If installed over a crawl space a smoke detector and a one hour rated opening must be provided. (Ord. 2025-17, 9-22-2025)

   A.   Maximum riser height shall not exceed seven and three-fourths inch (7 3/4"), minimum tread depth shall not be less than ten inches (10").

   B.   Minimum attic or crawl space access must not be less than twenty-two inches by thirty inches (22" x 30"). Attic access must not be located in a closet. (Ord. 2025-17, 9-22-2025)

   A.   Hearth Construction: Hearths to be constructed of fire-resistant materials, to include brick or stone masonry, and ceramic tile.

   B.   Minimum Hearth Extension: Fireplace opening six (6) square feet or less: minimum eight-inch (8") extension on each side, minimum sixteen inches (16") in front. Fireplace opening larger than eight (8) square feet: minimum twelve-inch (12") extension on each side, minimum twenty inches (20") in front.

   C.   Prefabricated Fireplace Air Supply: Prefabricated fireplaces must have fresh air supply direct to exterior of dwelling.

   D.   Chases Of Prefabricated Fireplace: Prefabricated fireplace chases shall be lined with minimum of one layer of five-eighths inch (5/8") gypsum board. (Ord. 2025-17, 9-22-2025)

Hot and cold supplies to be in sheet metal ductwork. (Ord. 2025-17, 9-22-2025)

   A.   All GFI locations per latest national electrical code.

   B.   One hundred ten (110) volt, interconnected smoke detectors with battery backup, are required in each sleeping room, outside of sleeping area, on each level of dwelling unit within ten feet (10') of main heating unit.

   C.   All new construction, additions, buildouts or remodeling over five hundred (500) square feet shall have all wiring in metallic conduit. (Ord. 2025-17, 9-22-2025)

   A.   New water services to be minimum one inch (1") type L copper inside, type K copper, outside.

   B.   Sump pumps and roof downspouts are to splash within five feet (5') of building or directly connected to storm sewer. Connection to sanitary sewer is strictly prohibited. (Ord. 2025-17, 9-22-2025)

   A.   Construction fencing, minimum four feet (4') tall, of bright orange or other readily visible color shall be placed around all open excavations.

   B.   Three (3) sets of construction documents, one of which electronic, shall be submitted with building permit application. One (1) set of construction documents, stamped approved by the city, shall be kept on the job site and be available for use by city personnel.

   C.   Construction documents as submitted for residential dwellings shall include light and vent schedule, mechanical, electrical, and plumbing systems, and site plan depicting all construction in relation to setbacks, easements, streets and utilities.

   D.   In the event of a conflict between the provisions of these regulations establishing minimum construction standards and other building codes or regulations of the city, the provisions hereof shall prevail. (Ord. 2025-17, 9-22-2025)

Any exterior insulation finish system (EIFS) used on any portion of residential construction shall be tested by an EIFS inspection service. A report and signed certification verifying inspection and compliance with construction requirements shall be submitted prior to occupancy being granted. Commercial construction shall require a similar report and certification signed and sealed by the design professional for the project attesting to required inspection and compliance with construction requirements. (Ord. 2025-17, 9-22-2025)

   A.   Use Of Streets: The use of streets for storage of materials in the process of being installed into the construction or alteration of a structure or related to any permitted project is strictly prohibited without the written consent of the superintendent of streets and the chief of police. It shall be the duty of the person doing said construction or alteration to do the same with the proper care for safety of persons and property. Said person shall provide and maintain such warnings, barricades, and lights wherever necessary for the protection of pedestrians or traffic.

   B.   Cleanliness Of Streets: It is strictly prohibited for any person conducting the construction or alteration of any structure or the construction or alteration of any engineering project, including, but not limited to, street or sidewalk construction, utility work, grading, landscaping or any permitted project to leave an accumulation of dirt, mud, construction material or debris on any city street. Streets are to be left broom clean at the end of the workday.

   C.   Night Operations Restricted: No exterior construction or alteration operations shall be performed after seven o'clock (7:00) P.M. or before seven o'clock (7:00) A.M. (prevailing time) Monday through Saturday and after six o'clock (6:00) P.M. or before nine o'clock (9:00) A.M. (prevailing time) on Sunday.

      1.   Exception: Homeowners performing construction or alterations on their own property, as long as said operations are not accompanied by or cause excessive noise. (Ord. 2025-17, 9-22-2025)

   A.   Developers/builders of residential structures are required to offer multiple choices of exterior finishes for the front elevation of new homes for prospective homeowners to choose from. Acceptable materials include, but are not limited to:

      1.   Horizontal cedar or redwood siding.

      2.   Vertically or diagonally oriented wood siding products.

      3.   Clay masonry, stone or synthetic stone products.

      4.   Portland cement-based stucco.

      5.   "Hardie board" or other cement fiber siding panels.

      6.   Vinyl siding.

   B.   EIFS systems may not be used on residential structures. (Ord. 2025-17, 9-22-2025)

   A.   A certain document, the 2024 International Property Maintenance Code, all of the regulations, provisions, penalties, conditions and terms, as published by the International Code Council, Inc., be and is hereby adopted by reference as if fully set forth herein, as the property maintenance code of the City of Plano, State of Illinois; for the control of buildings and structures as herein provided, with the additions, insertions, deletions and changes, if any, prescribed in section 4-9-2 of this chapter.

   B.   Copies On File: The property maintenance code has been on file in the office of the clerk of the city for more than thirty (30) days prior to the adoption hereof, and three (3) copies are on file in the office of the city clerk and available for public use, inspection, and examination. (Ord. 2025-17, 9-22-2025)

The following sections are hereby revised as follows:

   Section 101.1. Insert: City of Plano, Illinois.

   Section 103.2. Insert: The code official shall be the director of building, planning, and zoning of the City of Plano.

   Section 107.4: Violation penalties. Shall be adopted as follows:

      Any person who shall violate a provision of the property maintenance code, or any amendments to the property maintenance code as set forth in this chapter or fails to comply with any of the requirements thereof, shall be guilty of a petty offense or civil infraction and punished as prescribed by law and as provided in section 1-4-1 of this code. Each day that a violation continues shall be deemed a separate offense.

   Section 111.2. Substitute, for all of the language of sections 111.2, 111.2.1, 111.2.2, 111.2.3, 111.2.4, and 111.2.5, the following:

      "The board of appeals shall be the City of Plano plan commission/zoning board of appeals".

   Section 111.6. Substitute, for all of the language of sections 111.6, 111.6.1, and 111.6.2, the following:

      "111.6 Board Decision: The board of appeals shall modify or reverse the decision of the code official only by a concurring vote of 2/3rds of the members of the board of appeals present and voting at the hearing. All actions taken by the board of appeals are considered final unless the appellant files, in writing, within seven calendar days after the action of the board of appeals, an appeal to the city council of the City of Plano. Said appeal will first be directed to the building and zoning committee of the city council where at the committee's earliest convenience the appeal will be considered. The building and zoning committee will then forward its recommendation to the city council. The city council shall modify or reverse the decision of the board of appeals only by a concurring vote of 2/3rds of the corporate authorities. The decision of the city council is final, save any remedies that may be found in the appropriate court, and in accordance with section 111.7."

   Paragraph 112.4: After the words "liable to a fine" delete all following words and insert "in accordance with section 106.4."

   Chapter 1. Insert:

   Section 113: Lien For Unpaid Charges:

      113.1 Lien for Unpaid Charges: Charges incurred by the city for the abatement of any violations under this code shall be a lien upon the premises. Whenever a bill for such charges remains unpaid for more than thirty (30) days, after it has been rendered, the city clerk may file with the recorder of deeds of Kendall County a statement of lien claim. The statement shall obtain a legal description of the premises, the expenses and costs incurred and the date the violation was abated, and the notice that the city claims a lien for such account. Notice of such lien claim shall be mailed to the owner of the premises if his address is known; provided, however that failure of the clerk to record such lien claim or mail such notice, or the failure of the owner to receive such notice, shall not affect the right to foreclose the lien for such charges as provided in the following subsection.

   Section 113.2 Foreclosure of Lien:

      113.2.1. Property subject to a lien for unpaid expenses for the abatement of a nuisance shall be sold for nonpayment of same and the proceeds of such sale shall be applied to pay the charges after deducting costs, as in the case in the foreclosure of statutory liens. Such foreclosure shall be maintained in the name of the city.

      113.2.2. The city attorney is authorized to institute such proceedings, in the name of the city and any court having jurisdiction over such matter, against any property for which such bill has remained unpaid sixty (60) days after it has been rendered.

   Section 302.4. After the words "in excess of", insert: "eight inches (8")".

   Amend by adding thereto the following additional paragraph:

      "Parkways: The owner of property abutting any public street, alleyway, road or other right of way shall maintain the area between the edge of the pavement or curb and the property line, commonly known as the parkway, and shall not allow the growth of weeds on said parkways in excess of eight (8") inches in violation of this code."

   Section 308.2.1. Insert at the end of the sub-paragraph:

      "The owner shall provide arrangements for rubbish to be collected at a frequency as necessary to conform to paragraph 308.1 of this code, but not less than one time per week."

   Paragraph 404.4.1: After the words "shall contain at least seventy (70) square feet" add the words, "for a single occupant and an additional fifty (50) square feet for each additional occupant."

   Paragraph 404.5: After the word, "occupants" add the following, "nor more permitted by the minimum area requirements of table 404.5."

   Insert table 404.5 as follows:

 

 

   Section 602.3. Insert:

      "October 1 through April 30".

   Section 602.4. Insert:

      "October 1 through April 30". (Ord. 2025-17, 9-22-2025)

Nothing in this chapter or in the property maintenance code hereby adopted shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this chapter. (Ord. 2025-17, 9-22-2025)

It is hereby declared to be the intention of the mayor and city council of the City of Plano, Illinois, that the several provisions of this chapter and the provisions of the property maintenance code are separable, in accordance with the following:

   A.    If any court of competent jurisdiction shall declare any provision hereof invalid, such ruling shall not affect any other provision of this chapter not specifically included in the said ruling.

   B.   If any court of competent jurisdiction shall declare invalid the application of any provision of this chapter or of the property maintenance code to a particular property, building or other structure, such ruling shall not affect the application of said provision to any other property, building or structure not specifically included in said ruling. (Ord. 2025-17, 9-22-2025)

   A.   Purpose: The purpose of this chapter is to establish policies and procedures for constructing facilities on rights of way within the city's jurisdiction, which will provide public benefit consistent with the preservation of the integrity, safe usage, and visual qualities of the city rights of way and the city as a whole.

   B.   Intent: In enacting this chapter, the city intends to exercise its authority over the rights of way in the city 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.   Prevent interference with the use of streets, sidewalks, alleys, parkways and other public ways and places;

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

      3.   Prevent interference with the facilities and operations of the city's utilities and of other utilities lawfully located in rights of way or public property;

      4.   Protect against environmental damage, including damage to trees, from the installation of utility facilities;

      5.   Protect against increased storm water runoff due to structures and materials that increase impermeable surfaces;

      6.   Preserve the character of the neighborhoods in which facilities are installed;

      7.   Preserve open space, particularly the tree lined parkways that characterize the city's residential neighborhoods;

      8.   Prevent visual blight from the proliferation of facilities in the rights of way; and

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

   C.   Facilities Subject To This Chapter: This chapter applies to all facilities on, over, above, along, upon, under, across, or within the rights of way within the jurisdiction of the city. 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.

   D.   Franchises, Licenses, Or Similar Agreements: The city, 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 city rights of way. Utilities that are not required by law to enter into such an agreement may request that the city enter into such an agreement. In such an agreement, the city may provide for terms and conditions inconsistent with this chapter.

   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 city, 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 city 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 Chapters: This chapter supersedes all chapters or parts of chapters 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 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.

   H.   Sound Engineering Judgment: The city shall use sound engineering judgment when administering this chapter and may vary the standards, conditions, and requirements expressed in this chapter when the city so determines. Nothing herein shall be construed to limit the ability of the city to regulate its rights of way for the protection of the public health, safety and welfare. (Ord. 2008-2, 1-28-2008)

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 Illinois administrative code section 530.30, unless the context clearly requires otherwise.

AASHTO: American Association of State Highway and Transportation Officials.

ANSI: American National Standards Institute.

ASTM: American Society for Testing and Materials.

APPLICANT: A person applying for a permit under this chapter.

BACKFILL: The methods or materials for replacing excavated material in a trench or pit.

BORE OR BORING: To excavate an underground cylindrical cavity for the insertion of a pipe or electrical conductor.

CABLE OPERATOR: That term as defined in 47 USC 522(5).

CABLE SERVICE: That term as defined in 47 USC 522(6).

CABLE SYSTEM: That term as defined in 47 USC 522(7).

CARRIER PIPE: The pipe enclosing the liquid, gas or slurry to be transported.

CASING: A structural protective enclosure for transmittal devices such as: carrier pipes, electrical conductors, and fiber optic devices.

CITY: The city of Plano.

CLEAR ZONE: 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 nonrecoverable 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: Protective wrapping or mastic cover applied to buried pipe for protection against external corrosion.

CODE: The city code of the city of Plano.

CONDUCTOR: Wire carrying electrical current.

CONDUIT: A casing or encasement for wires or cables.

CONSTRUCTION OR CONSTRUCT: The installation, repair, maintenance, placement, alteration, enlargement, demolition, modification or abandonment in place of facilities.

COVER: The depth of earth or backfill over buried utility pipe or conductor.

CROSSING FACILITY: A facility that crosses one or more right of way lines of a right of way.

DIRECTOR OF PUBLIC WORKS: The city director of public works or his or her designee, who is also the city engineer.

DISRUPT THE RIGHT OF WAY: For the purposes of this chapter, 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: 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: Provision of a protective casing.

ENGINEER: The city engineer or his or her designee, who is also the director of public works.

EQUIPMENT: Materials, tools, implements, supplies, and/or other items used to facilitate construction of facilities.

EXCAVATION: The making of a hole or cavity by removing material, or laying bare by digging.

EXTRA HEAVY PIPE: Pipe meeting ASTM standards for this pipe designation.

FACILITY: All structures, devices, objects, and materials (including, but not limited to, track and rails, wires, ducts, fiber optic cable, antennas, vaults, boxes, equipment enclosures, cabinets, pedestals, 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. For purposes of this chapter, the term "facility" shall not include any facility owned or operated by the city.

FREESTANDING FACILITY: A facility that is not a crossing facility or a parallel facility, such as an antenna, transformer, pump, or meter station.

FRONTAGE ROAD: Roadway, usually parallel, providing access to land adjacent to the highway where it is precluded by control of access to a highway.

HAZARDOUS MATERIALS: Any substance or material which, due to its quantity, form, concentration, location, or other characteristics, is determined by the city engineer/director 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: 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.

HIGHWAY CODE: The Illinois highway code, 605 Illinois Compiled Statutes 5/1-101 et seq., as amended from time to time.

HOLDER: A person or entity that has received authorization to offer or provide cable or video service from the ICC pursuant to the Illinois cable and video competition law, 220 Illinois Compiled Statutes 5/21-401.

ICC: Illinois commerce commission.

IDOT: Illinois department of transportation.

JULIE: The joint utility locating information for excavators utility notification program.

JACKING: Pushing a pipe horizontally under a roadway by mechanical means with or without boring.

JETTING: Pushing a pipe through the earth using water under pressure to create a cavity ahead of the pipe.

JOINT USE: The use of pole lines, trenches or other facilities by two (2) or more utilities.

MAJOR INTERSECTION: The intersection of two (2) or more major arterial highways.

OCCUPANCY: The presence of facilities on, over or under right of way.

PARALLEL FACILITY: A facility that is generally parallel or longitudinal to the centerline of a right of way.

PARKWAY: Any portion of the right of way not improved by street or sidewalk.

PAVEMENT CUT: The removal of an area of pavement for access to a facility or for the construction of a facility.

PERMITTEE: That entity to which a permit has been issued pursuant to sections 4-10-4 and 4-10-5 of this chapter.

PETROLEUM PRODUCTS PIPELINES: Pipelines carrying crude or refined liquid petroleum products including, but not limited to, gasoline, distillates, propane, butane, or coal slurry.

PRACTICABLE: That which is performable, feasible or possible, rather than that which is simply convenient.

PRESSURE: The internal force acting radially against the walls of a carrier pipe expressed in pounds per square inch gauge (psig).

PROMPT: That which is done within a period of time specified by the city. If no time period is specified, the period shall be thirty (30) days.

PUBLIC ENTITY: A legal entity that constitutes or is part of the government, whether at local, state or federal level.

RESTORATION: The repair of a right of way, highway, roadway, or other area disrupted by the construction of a facility.

RIGHT OF WAY OR RIGHTS OF WAY: Any street, alley, other land or waterway, dedicated or commonly used for pedestrian or vehicular traffic or other similar purposes, including utility easements, in which the city has the right and authority to authorize, regulate or permit the location of facilities other than those of the city. "Right of way" or "rights of way" shall not include any real or personal city property that is not specifically described in the previous two (2) sentences and shall not include city buildings, fixtures and other structures or improvements, regardless of whether they are situated in the right of way.

ROADWAY: That part of the highway that includes the pavement and shoulders.

SALE OF TELECOMMUNICATIONS AT RETAIL: 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: That amount of security required pursuant to section 4-10-10 of this chapter.

SHOULDER: 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: A decision(s) consistent with generally accepted engineering principles, practices and experience.

TELECOMMUNICATIONS: This term 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, mobile radio services, cellular mobile telecommunications services, stationary two-way radio, paging service and any other form of mobile or portable one-way or two-way communications, and 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. "Private line" means a dedicated nontraffic sensitive service for a single customer that entitles the customer to exclusive or priority use of a communications channel, or a group of such channels, from one or more specified locations to one or more other specified locations. "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 such provider to the ultimate retail consumer who originates or terminates the end to end communications. "Telecommunications" shall not include the provision of cable services through a cable system as defined in the cable communications act of 1984 (47 USC section 521 and following), as now or hereafter amended, or cable or other programming services subject to an open video system fee payable to the city through an open video system as defined in the rules of the federal communications commission (47 CFR section 76.1500 and following), as now or hereafter amended.

TELECOMMUNICATIONS PROVIDER: Any person that installs, owns, operates or controls facilities in the 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: A relatively narrow open excavation for the installation of an underground facility.

UTILITY: The individual or entity owning or operating any "facility" as defined in this section.

VENT: A pipe to allow the dissipation into the atmosphere of gases or vapors from an underground casing.

VIDEO SERVICE: That term as defined in section 21-201(v) of the Illinois cable and video competition law of 2007, 220 Illinois Compiled Statutes 21-201(v).

WATER LINES: Pipelines carrying raw or potable water.

WET BORING: Boring using water under pressure at the cutting auger to soften the earth and to provide a sluice for the excavated material. (Ord. 2008-2, 1-28-2008)

Every utility that occupies right of way within the city shall register on January 1 of each year with the city engineer/director of public works, 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 (24) hour telephone number for each such person, and evidence of insurance as required in section 4-10-8 of this chapter, in the form of a certificate of insurance. (Ord. 2008-2, 1-28-2008)

   A.   Permit Required: No person shall construct (as defined in this chapter) any facility on, over, above, along, upon, under, across, or within any city 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 city engineer/director of public works and obtaining a permit from the city 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 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 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 city:

         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 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 section unless the city 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 4-10-8 of this chapter;

      8.   Evidence of posting of the security fund as required in section 4-10-10 of this chapter;

      9.   Any request for a variance from one or more provisions of this chapter (see section 4-10-21 of this chapter); and

      10.   Such additional information as may be reasonably required by the city.

   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 the installation of a new electric power, communications, telecommunications, cable television service, video service or natural gas distribution system, evidence that any "certificate of public convenience and necessity" or other regulatory authorization that the applicant is required by law to obtain, or that the applicant has elected to obtain, has been issued by the ICC or other jurisdictional authority;

      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 and other local or state entities with jurisdiction, 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 city within thirty (30) 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 of one hundred dollars ($100.00). No application fee is required to be paid by any electricity utility that is paying the municipal electricity infrastructure maintenance fee pursuant to the electricity infrastructure maintenance fee act. (Ord. 2008-2, 1-28-2008)

   A.   City Review Of Permit Applications: Completed permit applications, containing all required documentation, shall be examined by the city engineer/director of public works within a reasonable time after filing. If the application does not conform to the requirements of applicable ordinances, codes, laws, rules, and regulations, the city engineer/director of public works shall reject such application in writing, stating the reasons therefor. If the city engineer/director of public works is satisfied that the proposed work conforms to the requirements of this chapter and applicable ordinances, codes, laws, rules, and regulations, the city engineer/director of public works shall issue a permit therefor as soon as practicable. In all instances, it shall be the duty of the applicant to demonstrate, to the satisfaction of the city engineer/director of public works, that the construction proposed under the application shall be in full compliance with the requirements of this chapter.

   B.   Additional City Review Of Applications Of Telecommunications Retailers:

      1.   Pursuant to section 4 of the telephone company act, 220 Illinois Compiled Statutes 65/4, a telecommunications retailer shall notify the city 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 city not less than ten (10) days prior to the commencement of work requiring no excavation and not less than thirty (30) days prior to the commencement of work requiring excavation. The city engineer/director 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 city engineer/director of public works fails to provide such specification of location to the telecommunications retailer within either: a) ten (10) days after service of notice to the city by the telecommunications retailer in the case of work not involving excavation for new construction, or b) twenty five (25) 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 city, where a permit is required for work pursuant to section 4-10-4 of this chapter, the telecommunications retailer shall submit to the city 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.

   C.   Additional City Review Of Applications Of Holders Of State Authorization Under The Cable And Video Competition Law Of 2007: Applications by a utility that is a holder of a state issued authorization under the cable and video competition law of 2007 shall be deemed granted forty five (45) days after submission to the city, unless otherwise acted upon by the city, provided the holder has complied with applicable city codes, ordinances, and regulations. (Ord. 2008-2, 1-28-2008)

   A.   Authority Granted; No Property Right Or Other Interest Created: A permit from the city authorizes a permittee to undertake only certain activities in accordance with this chapter on city 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 rights of way.

   B.   Duration: No permit issued under this chapter shall be valid for a period longer than six (6) months unless construction is actually begun within that period and is thereafter diligently pursued to completion.

   C.   Preconstruction Meeting Required: No construction shall begin pursuant to a permit issued under this chapter prior to attendance by the permittee and all major contractors and subcontractors who will perform any work under the permit at a preconstruction meeting. The preconstruction meeting shall be held at a date, time and place designated by the city with such city representatives in attendance as the city deems necessary. The meeting shall be for the purpose of reviewing the work under the permit, and reviewing special considerations necessary in the areas where work will occur, including, without limitation, presence or absence of other utility facilities in the area and their locations, procedures to avoid disruption of other utilities, use of rights of way by the public during construction, and access and egress by adjacent property owners.

   D.   Compliance With All Laws Required: The issuance of a permit by the city does not excuse the permittee from complying with other requirements of the city and applicable statutes, laws, ordinances, rules, and regulations. (Ord. 2008-2, 1-28-2008)

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 city within ninety (90) 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 4-10-21 of this chapter. If the city 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. 2008-2, 1-28-2008)

   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 city, and its elected and appointed officers, officials, agents, and employees as additional insureds on the policies listed in subsections A1 and A2 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 ($5,000,000.00) for bodily injury or death to each person;

         b.   Five million dollars ($5,000,000.00) for property damage resulting from any one accident; and

         c.   Five million dollars ($5,000,000.00) for all other types of liability;

      2.   Automobile liability for owned, nonowned and hired vehicles with a combined single limit of one million dollars ($1,000,000.00) for personal injury and property damage for each accident;

      3.   Workers' compensation with statutory limits; and

      4.   Employer's liability insurance with limits of not less than one million dollars ($1,000,000.00) per employee and per accident.

If the utility is not providing such insurance to protect the contractors and subcontractors performing the work, then such contractors and subcontractors shall comply with this section.

   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 city within ten (10) days following receipt of a written request therefor from the city.

   D.   Maintenance And Renewal Of Required Coverages: The insurance policies required by this section shall contain the following endorsement:

Within ten (10) days after receipt by the city of said notice, and in no event later than ten (10) days prior to said cancellation, the utility shall obtain and furnish to the city 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 this section, or the requirements of subsections B, C and D of this section. A utility that elects to self-insure shall provide to the city 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 city 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.

   G.   Insurance Companies: All insurance provided pursuant to this section shall be effected under valid and enforceable policies, issued by insurers legally able to conduct business with the licensee in the state of Illinois. All insurance carriers and surplus line carriers shall be rated "A-" or better and of a class size "X" or higher by A.M. Best Company. (Ord. 2008-2, 1-28-2008)

By occupying or constructing facilities in the right of way, a utility shall be deemed to agree to defend, indemnify and hold the city 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 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 city, its officials, officers, employees, agents or representatives. (Ord. 2008-2, 1-28-2008)

   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 city occasioned by the permittee's failure to comply with any codes, rules, regulations, orders, permits and other directives of the city issued pursuant to this chapter; and

      3.   The payment by permittee of all liens and all damages, claims, costs, or expenses that the city may pay or incur by reason of any action or nonperformance 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 city 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 city from the permittee pursuant to this chapter or any other applicable law.

   B.   Form: The permittee shall provide the security fund to the city in the form, at the permittee's election, of cash, a surety bond in a form acceptable to the city, or an unconditional letter of credit in a form acceptable to the city. 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 city and the permittee;

      2.   Not require the consent of the permittee prior to the collection by the city of any amounts covered by it; and

      3.   Shall provide a location convenient to the city 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 city engineer/director of public works, and may also include reasonable, directly related costs that the city 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 city, 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 city engineer/director 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 for any single phase.

   D.   Withdrawals: The city, upon fourteen (14) days' advance written notice clearly stating the reason for, and its intention to exercise withdrawal rights under this subsection, may withdraw an amount from the security fund, provided that the permittee has not reimbursed the city for such amount within the fourteen (14) day notice period. Withdrawals may be made if the permittee:

      1.   Fails to make any payment required to be made by the permittee hereunder;

      2.   Fails to pay any liens relating to the facilities that are due and unpaid;

      3.   Fails to reimburse the city for any damages, claims, costs or expenses which the city has been compelled to pay or incur by reason of any action or nonperformance by the permittee; or

      4.   Fails to comply with any provision of this chapter that the city determines can be remedied by an expenditure of an amount in the security fund.

   E.   Replenishment: Within fourteen (14) days after receipt of written notice from the city 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 city, upon written request for said withdrawal to the city, 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 city 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 city to the extent necessary to cover any reasonable costs, loss or damage incurred by the city 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 city with respect to the security fund are in addition to all other rights of the city, 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 city may have. Notwithstanding the foregoing, the city shall not be entitled to a double monetary recovery with respect to any of its rights which may be infringed or otherwise violated. (Ord. 2008-2, 1-28-2008)

   A.   City Right To Revoke Permit: The city 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.   Noncompliance with this chapter;

      3.   Permittee's physical presence or presence of permittee's facilities on, over, above, along, upon, under, across, or within the 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 city 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 city, the permittee shall have the following options:

      1.   Immediately provide the city with evidence that no cause exists for the revocation or suspension;

      2.   Immediately correct, to the satisfaction of the city, the deficiencies stated in the written notice, providing written proof of such correction to the city within five (5) 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 rights of way and restore the rights of way to the satisfaction of the city providing written proof of such removal to the city within ten (10) days after receipt of the written notice of revocation.

The city 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 city 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 city or its designee may, at the option of the city: 1) correct the deficiencies; 2) upon not less than twenty (20) days' notice to the permittee, remove the subject facilities or equipment; or 3) after not less than thirty (30) days' notice to the permittee of failure to cure the noncompliance, deem them abandoned and property of the city. The permittee shall be liable in all events to the city for all costs of removal. (Ord. 2008-2, 1-28-2008)

   A.   Notification Of Change: A utility shall notify the city no less than thirty (30) days prior to the transfer of ownership of any facility in the right of way or change in identity of the utility. 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 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 city'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. 2008-2, 1-28-2008)

   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, 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" (92 Ill. adm. code section 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 city engineer/director of public works shall determine, in the exercise of sound engineering judgment, which principles apply and such decision shall be final. If requested, the city engineer/director of public works shall state which standard or principle will apply to the construction, maintenance, or operation of a facility in the future. (Ord. 2008-2, 1-28-2008)

   A.   Minimum Requirements: The city'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 applicable federal, state, and local requirements for protection of the public and the utility's workers when performing any work on the 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 (48) 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 4-10-20 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 deficiencies in traffic protection requirements that are brought to the utility's attention by the city. (Ord. 2008-2, 1-28-2008)

   A.   General Requirements: In addition to location requirements applicable to specific types of utility facilities, all utility facilities, regardless of type, shall be subject to the general location requirements of this subsection.

      1.   No Interference With City Facilities: No utility facilities shall be placed in any location if the city engineer/director of public works determines that the proposed location will require the relocation or displacement of any of the city's utility facilities or will otherwise interfere with the operation or maintenance of any of the city's utility facilities.

      2.   Minimum Interference And Impact: The proposed location shall cause only the minimum possible interference with the use of the right of way and shall cause only the minimum possible impact upon, and interference with the rights and reasonable convenience of property owners who adjoin said right of way.

      3.   No Interference With Travel: No utility facility shall be placed in any location that interferes with the usual travel on such right of way.

      4.   No Limitations On Visibility: No utility facility shall be placed in any location so as to limit visibility of or by users of the right of way.

      5.   Size Of Utility Facilities: The proposed installation shall use the smallest suitable vaults, boxes, equipment enclosures, power pedestals, and/or cabinets then in use by the facility owner, regardless of location, for the particular application.

   B.   Parallel Facilities Located Within Highways:

      1.   Overhead Parallel Facilities: An overhead parallel facility may be located within the right of way lines of a highway only if:

         a.   Lines are located as near as practicable to the right of way line and as nearly parallel to the right of way line as reasonable pole alignment will permit;

         b.   Where pavement is curbed, poles are as remote as practicable from the curb with a minimum distance of two feet (2') (0.6 m) behind the face of the curb, where available;

         c.   Where pavement is uncurbed, poles are as remote from pavement edge as practicable with minimum distance of four feet (4') (1.2 m) outside the outer shoulder line of the roadway and are not within the clear zone;

         d.   No pole is located in the ditch line of a highway; and

         e.   Any ground mounted appurtenance is located within one foot (1') (0.3 m) of the right of way line or as near as possible to the right of way line.

      2.   Underground Parallel Facilities: An underground parallel facility may be located within the right of way lines of a highway only if:

         a.   The facility is located as near the right of way line as practicable and not more than eight feet (8') (2.4 m) from and parallel to the right of way line;

         b.   A new facility may be located under the paved portion of a highway only if other locations are impracticable or inconsistent with sound engineering judgment (e.g., a new cable may be installed in existing conduit without disrupting the pavement); and

         c.   In the case of an underground power or communications line, the facility shall be located as near the right of way line as practicable and not more than five feet (5') (1.5 m) from the right of way line and any above grounded appurtenance shall be located within one foot (1') (0.3 m) of the right of way line or as near as practicable.

   C.   Facilities Crossing Highways:

      1.   No Future Disruption: The construction and design of crossing facilities installed between the ditch lines or curb lines of city highways may require the incorporation of materials and protections (such as encasement or additional cover) to avoid settlement or future repairs to the roadbed resulting from the installation of such crossing facilities.

      2.   Cattle Passes, Culverts, Or Drainage Facilities: Crossing facilities shall not be located in cattle passes, culverts, or drainage facilities.

      3.   Ninety Degree Crossing Required: Crossing facilities shall cross at or as near to a ninety degree (90°) angle to the centerline as practicable.

      4.   Overhead Power Or Communication Facility: An overhead power or communication facility may cross a highway only if:

         a.   It has a minimum vertical line clearance as required by ICC's rules entitled, "construction of electric power and communication lines" (83 Ill. adm. code 305);

         b.   Poles are located within one foot (1') (0.3 m) of the right of way line of the highway and outside of the clear zone; and

         c.   Overhead crossings at major intersections are avoided.

      5.   Underground Power Or Communication Facility: An underground power or communication facility may cross a highway only if:

         a.   The design materials and construction methods will provide maximum maintenance free service life; and

         b.   Capacity for the utility's foreseeable future expansion needs is provided in the initial installation.

      6.   Markers: The city may require the utility to provide a marker at each right of way line where an underground facility other than a power or communication facility crosses a highway. Each marker shall identify the type of facility, the utility, and an emergency phone number. Markers may also be eliminated as provided in current federal regulations (49 CFR section 192.707 (1989)).

   D.   Facilities To Be Located Within Particular Rights Of Way: The city may require that facilities be located within particular rights of way that are not highways, rather than within particular highways.

   E.   Freestanding Facilities:

      1.   The city may restrict the location and size of any freestanding facility located within a right of way.

      2.   The city may require any freestanding facility located within a right of way to be screened from view.

   F.   Facilities Installed Aboveground: Aboveground facilities may be installed only if:

      1.   No other existing facilities in the area are located underground;

      2.   New underground installation is not technically feasible; and

      3.   The proposed installation will be made at a location, and will employ suitable design and materials, to provide the greatest protection of aesthetic qualities of the area being traversed without adversely affecting safety. Suitable designs include, but are not limited to, self-supporting armless, single pole construction with vertical configuration of conductors and cable. Existing utility poles and light standards shall be used wherever practicable; the installation of additional utility poles is strongly discouraged.

   G.   Facility Attachments To Bridges Or Roadway Structures:

      1.   Facilities may be installed as attachments to bridges or roadway structures only where the utility has demonstrated that all other means of accommodating the facility are not practicable. Other means shall include, but are not limited to, underground, underwater, independent poles, cable supports and tower supports, all of which are completely separated from the bridge or roadway structure. Facilities transmitting commodities that are volatile, flammable, corrosive, or energized, especially those under significant pressure or potential, present high degrees of risk and such installations are not permitted.

      2.   A utility shall include in its request to accommodate a facility installation on a bridge or roadway structure supporting data demonstrating the impracticability of alternate routing. Approval or disapproval of an application for facility attachment to a bridge or roadway structure will be based upon the following considerations:

         a.   The type, volume, pressure or voltage of the commodity to be transmitted and an evaluation of the resulting risk to persons and property in the event of damage to or failure of the facility;

         b.   The type, length, value, and relative importance of the highway structure in the transportation system;

         c.   The alternative routings available to the utility and their comparative practicability;

         d.   The proposed method of attachment;

         e.   The ability of the structure to bear the increased load of the proposed facility;

         f.   The degree of interference with bridge maintenance and painting;

         g.   The effect on the visual quality of the structure; and

         h.   The public benefit expected from the utility service as compared to the risk involved.

   H.   Appearance Standards:

      1.   The city may prohibit the installation of facilities in particular locations in order to preserve visual quality.

      2.   A facility may be constructed only if its construction does not require extensive removal or alteration of trees or terrain features visible to the right of way user or to adjacent residents and property owners, and if it does not impair the aesthetic quality of the lands being traversed. (Ord. 2008-2, 1-28-2008)

   A.   Standards And Requirements For Particular Types Of Construction Methods:

      1.   Boring Or Jacking:

         a.   Pits And Shoring: Boring or jacking under rights of way shall be accomplished from pits located at a minimum distance specified by the city engineer/director of public works from the edge of the pavement. Pits for boring or jacking shall be excavated no more than forty eight (48) hours in advance of boring or jacking operations and backfilled within forty eight (48) hours after boring or jacking operations are completed. While pits are open, they shall be clearly marked and protected by barricades. Shoring shall be designed, erected, supported, braced, and maintained so that it will safely support all vertical and lateral loads that may be imposed upon it during the boring or jacking operation.

         b.   Wet Boring Or Jetting: Wet boring or jetting shall not be permitted under the roadway.

         c.   Borings With Diameters Greater Than Six Inches: Borings over six inches (6") (0.15 m) in diameter shall be accomplished with an auger and following pipe, and the diameter of the auger shall not exceed the outside diameter of the following pipe by more than one inch (1") (25 mm).

         d.   Borings With Diameters Six Inches Or Less: Borings of six inches (6") or less in diameter may be accomplished by either jacking, guided with auger, or auger and following pipe method.

         e.   Tree Preservation: Any facility located within the drip line of any tree designated by the city to be preserved or protected shall be bored under or around the root system.

      2.   Trenching: Trenching for facility installation, repair, or maintenance on rights of way shall be done in accord with the applicable portions of section 603 of IDOT's "Standard Specifications For Road And Bridge Construction".

         a.   Length: The length of open trench shall be kept to the practicable minimum consistent with requirements for pipe/line testing. Only one-half (1/2) of any intersection may have an open trench at any time unless special permission is obtained from the city engineer/director of public works.

         b.   Open Trench And Excavated Material: Open trench and windrowed excavated material shall be protected as required by chapter 6 of the "Illinois Manual On Uniform Traffic Control Devices". Where practicable, the excavated material shall be deposited between the roadway and the trench as added protection. Excavated material shall not be allowed to remain on the paved portion of the roadway. Where right of way width does not allow for windrowing excavated material off the paved portion of the roadway, excavated material shall be hauled to an off road location.

         c.   Drip Line Of Trees: The utility shall not trench within the drip line of any tree designated by the city to be preserved.

      3.   Backfilling:

         a.   Any pit, trench, or excavation created during the installation of facilities shall be backfilled for its full width, depth, and length using methods and materials in accordance with IDOT's "Standard Specifications For Road And Bridge Construction". When excavated material is hauled away or is unsuitable for backfill, suitable granular backfill shall be used.

         b.   For a period of three (3) years from the date construction of a facility is completed, the utility shall be responsible to remove and restore any backfilled area that has settled due to construction of the facility. If so ordered by the engineer/director of public works, the utility, at its expense, shall remove any pavement and backfill material to the top of the installed facility, place and properly compact new backfill material, and restore new pavement, sidewalk, curbs, and driveways to the proper grades, as determined by the city engineer/director of public works.

      4.   Pavement Cuts: Pavement cuts for facility installation or repair shall be permitted on a highway only if that portion of the highway is closed to traffic. If a variance to the limitation set forth in this subsection A4 is permitted under section 4-10-21 of this chapter, the following requirements shall apply:

         a.   Any excavation under pavements shall be backfilled and compacted as soon as practicable with granular material of CA-6 or CA-10 gradation, as designated by the engineer/director of public works.

         b.   Restoration of pavement, in kind, shall be accomplished as soon as practicable, and temporary repair with bituminous mixture shall be provided immediately. Any subsequent failure of either the temporary repair or the restoration shall be rebuilt upon notification by the city.

         c.   All saw cuts shall be full depth.

         d.   For all rights of way which have been reconstructed with a concrete surface/base in the last seven (7) years, or resurfaced in the last three (3) years, permits shall not be issued unless such work is determined to be an emergency repair or other work considered necessary and unforeseen before the time of the reconstruction or unless a pavement cut is necessary for a JULIE locate.

      5.   Encasement:

         a.   Casing pipe shall be designed to withstand the load of the highway and any other superimposed loads. The casing shall be continuous either by one piece fabrication or by welding or jointed installation approved by the city.

         b.   The venting, if any, of any encasement shall extend within one foot (1') (0.3 m) of the right of way line. No aboveground vent pipes shall be located in the area established as clear zone for that particular section of the highway.

         c.   In the case of water main or service crossing, encasement shall be furnished between bore pits unless continuous pipe or city approved jointed pipe is used under the roadway. Casing may be omitted only if pipe is installed prior to highway construction and carrier pipe is continuous or mechanical joints are of a type approved by the city. Bell and spigot type pipe shall be encased regardless of installation method.

         d.   In the case of gas pipelines of sixty (60) psig or less, encasement may be eliminated.

         e.   In the case of gas pipelines or petroleum products pipelines with installations of more than sixty (60) psig, encasement may be eliminated only if: 1) extra heavy pipe is used that precludes future maintenance or repair and 2) cathodic protection of the pipe is provided.

         f.   If encasement is eliminated for a gas or petroleum products pipeline, the facility shall be located so as to provide that construction does not disrupt the right of way.

      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:

 

 

   B.   Standards And Requirements For Particular Types Of Facilities:

      1.   Electric Power Or Communication Lines:

         a.   Code Compliance: Electric power or communications facilities within city 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 communication 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 guywires 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 methods 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.

         d.   Burial Of Drops: All temporary service drops placed between November 1 of the prior year and March 15 of the current year, also known as snow drops, shall be buried by May 31 of the current year, weather permitting, unless otherwise permitted by the city. Weather permitting, utilities shall bury all temporary drops, excluding snow drops, within ten (10) business days after placement.

      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 city 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 section 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.   Water Lines, 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 (1') (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 city engineer/director of public works. With the approval of the city engineer/director 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 "Standard 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: No material shall be stored on the right of way without the prior written approval of the city engineer/director of public works. When such storage is permitted, 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 city.

      3.   Hazardous Materials: The plans submitted by the utility to the city 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 city, 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 city engineer/director of public works when emergency work is required to restore vital utility services.

      3.   Unless otherwise permitted by the city, the hours of construction are those set forth in this title.

   E.   Location Of Existing Facilities: Any utility proposing to construct facilities in the city shall contact JULIE and ascertain the presence and location of existing aboveground and underground facilities within the rights of way to be occupied by its proposed facilities. The city 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 city or by JULIE, a utility shall locate and physically mark its underground facilities within forty eight (48) hours, excluding weekends and holidays, in accordance with the Illinois underground facilities damage prevention act 1 . (Ord. 2008-2, 1-28-2008)

   A.   Electric Utilities; Compliance With State Laws And Regulations: An electric utility shall conduct all tree trimming and vegetation control activities in the right of way in accordance with applicable Illinois laws and regulations, and additionally, with such local franchise or other agreement with the city as permitted by law.

   B.   Other Utilities; Tree Trimming Permit Required: Tree trimming that is done by any other utility with facilities in the right of way and that is not performed pursuant to applicable Illinois laws and regulations specifically governing same, 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 city 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 city may require the removal and replacement of trees if trimming or radical pruning would leave them in an unacceptable condition.

   C.   Specimen Trees Or Trees Of Special Significance: The city 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.

   D.   Chemical Use:

      1.   Except as provided in the following subsection, no utility shall spray, inject or pour any chemicals on or near any trees, shrubs or vegetation in the city for any purpose, including the control of growth, insects or disease.

      2.   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 city engineer/director of public works that such spraying is the only practicable method of vegetation control. (Ord. 2008-2, 1-28-2008)

   A.   Notice: Within ninety (90) days following written notice from the city, a utility shall, at its own expense, protect, support, temporarily or permanently disconnect, 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 city improvement in or upon, or the operations of the city in or upon, the rights of way.

   B.   Removal Of Unauthorized Facilities: Within thirty (30) days following written notice from the city, any utility that owns, controls, or maintains any unauthorized facility or related appurtenances within the rights of way shall, at its own expense, remove all or any part of such facilities or appurtenances from the 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 city retains the right and privilege to cut or move any facilities located within the rights of way of the city, as the city 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 rights of way of the city, the utility shall notify the city within ninety (90) days. Following receipt of such notice the city may direct the utility to remove all or any portion of the facility if the city engineer/director 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 city does not direct the utility that abandoned the facility to remove it, by giving notice of abandonment to the city, 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. 2008-2, 1-28-2008)

The utility shall remove all excess material and restore all turf and terrain and other property within ten (10) days after any portion of the rights of way are disturbed, damaged or destroyed due to construction or maintenance by the utility, all to the satisfaction of the city. This includes restoration of entrances and side roads. Restoration of roadway surfaces shall be made using materials and methods approved by the city engineer/director 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. The time period provided in this section may be extended by the city engineer/director of public works for good cause shown. (Ord. 2008-2, 1-28-2008)

   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 city 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 city engineer/director 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 city 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 city a description of the repairs undertaken in the right of way within forty eight (48) hours after an emergency repair. (Ord. 2008-2, 1-28-2008)

   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 city engineer/director 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 city engineer/director 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 city engineer/director 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 city engineer/director 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.

   E.   Right To Appeal: Any utility aggrieved by any order, requirement, decision or determination, including denial of a variance, made by the city engineer/director of public works under the provisions of this chapter shall have the right to appeal to the city council, or such other board or commission as it may designate. The application for appeal shall be submitted in writing to the city clerk within thirty (30) days after the date of such order, requirement, decision or determination. The city council shall commence its consideration of the appeal at the council's next regularly scheduled meeting occurring at least seven (7) days after the filing of the appeal. The city council shall timely decide the appeal. (Ord. 2008-2, 1-28-2008)

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 city 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 city'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 city. Sanctions may be imposed upon a utility that does not pay the costs apportioned to it. (Ord. 2008-2, 1-28-2008)

Nothing in this chapter shall be construed as limiting any additional or further remedies that the city may have for enforcement of this chapter. (Ord. 2008-2, 1-28-2008)

As used in this chapter, the following terms shall have the following meanings:

CABLE SERVICE: That term as defined in 47 USC section 522(6).

COMMISSION: The Illinois commerce commission.

GROSS REVENUES: All consideration of any kind or nature, including, without limitation, cash, credits, property, and in-kind contributions received by the holder for the operation of a cable or video system to provide cable service or video service within the holder's cable service or video service area within the city.

   A.   Gross revenues shall include the following:

      1.   Recurring charges for cable or video service.

      2.   Event based charges for cable service or video service, including, but not limited to, pay per view and video on demand charges.

      3.   Rental of set top boxes and other cable service or video service equipment.

      4.   Service charges related to the provision of cable service or video service, including, but not limited to, activation, installation, and repair charges.

      5.   Administrative charges related to the provision of cable service or video service, including, but not limited to, service order and service termination charges.

      6.   Late payment fees or charges, insufficient funds check charges, and other charges assessed to recover the costs of collecting delinquent payments.

      7.   A pro rata portion of all revenue derived by the holder or its affiliates pursuant to compensation arrangements for advertising or for promotion or exhibition of any products or services derived from the operation of the holder's network to provide cable service or video service within the city. The allocation shall be based on the number of subscribers in the city divided by the total number of subscribers in relation to the relevant regional or national compensation arrangement.

      8.   Compensation received by the holder that is derived from the operation of the holder's network to provide cable service or video service with respect to commissions that are received by the holder as compensation for promotion or exhibition of any products or services on the holder's network, such as a "home shopping" or similar channel, subject to subsection A9 of this definition.

      9.   In the case of a cable service or video service that is bundled or integrated functionally with other services, capabilities, or applications, the portion of the holder's revenue attributable to the other services, capabilities, or applications shall be included in the gross revenue unless the holder can reasonably identify the division or exclusion of the revenue from its books and records that are kept in the regular course of business.

      10.   The service provider fee permitted by 220 Illinois Compiled Statutes 5/21-801(b).

   B.   Gross revenues do not include any of the following:

      1.   Revenues not actually received, even if billed, such as bad debt, subject to 220 Illinois Compiled Statutes 5/21-801(c)(1)(vi).

      2.   Refunds, discounts, or other price adjustments that reduce the amount of gross revenues received by the holder of the state issued authorization to the extent the refund, rebate, credit, or discount is attributable to cable service or video service.

      3.   Regardless of whether the services are bundled, packaged, or functionally integrated with cable service or video service, any revenues received from services not classified as cable service or video service, including, without limitation, revenue received from telecommunication services, information services, or the provision of directory or internet advertising, including yellow pages, white pages, banner advertisement, and electronic publishing or any other revenues attributed by the holder to noncable service or nonvideo service in accordance with the holder's books and records and records kept in the regular course of business and any applicable laws, rules, regulations, standards, or orders.

      4.   The sale of cable services or video services for resale in which the purchaser is required to collect the service provider fee from the purchaser's subscribers to the extent the purchaser certifies in writing that it will resell the service within the city and pay the fee permitted by 220 Illinois Compiled Statutes 5/21-801(b) with respect to the service.

      5.   Any tax or fee of general applicability imposed upon the subscribers or the transaction by a city, state, federal, or any other governmental entity and collected by the holder of the state issued authorization and required to be remitted to the taxing entity, including sales and use taxes.

      6.   Security deposits collected from subscribers.

      7.   Amounts paid by subscribers to "home shopping" or similar vendors for merchandise sold through any home shopping channel offered as part of the cable service or video service.

   C.   Revenue of an affiliate of a holder shall be included in the calculation of gross revenues to the extent the treatment of the revenue as revenue of the affiliate rather than the holder has the effect of evading the payment of the fee permitted by 220 Illinois Compiled Statutes 5/21-801(b) which would otherwise be paid by the cable service or video service.

HOLDER: A person or entity that has received authorization to offer or provide cable or video service from the commission pursuant to 220 Illinois Compiled Statutes 5/21-401.

PEG: Public, education and governmental.

PEG ACCESS SUPPORT FEE: The amount paid under this chapter and 220 Illinois Compiled Statutes 5/21-801 (d) by the holder to the city for the service areas within its territorial jurisdiction.

SERVICE: The provision of "cable service" or "video service" to subscribers and the interaction of subscribers with the person or entity that has received authorization to offer or provide cable or video service from the commission pursuant to 220 Illinois Compiled Statutes 5/21-401.

SERVICE PROVIDER FEE: The amount paid under this chapter and 220 Illinois Compiled Statutes 5/21-801 by the holder to a city for the service areas within its territorial jurisdiction.

VIDEO SERVICE: Video programming and subscriber interaction, if any, that is required for the selection or use of such video programming services, and which is provided through wireline facilities located at least in part in the public right of way without regard to delivery technology, including internet protocol technology. This definition does not include any video programming provided by a commercial mobile service provider defined in 47 USC section 332(d) or any video programming provided solely as part of, and via, service that enables users to access content, information, electronic mail, or other services offered over the public internet. (Ord. 2008-14, 2-11-2008)

   A.   Fee Imposed: A fee is hereby imposed on any holder providing cable service or video service in the city.

   B.   Amount Of Fee: The amount of the fee imposed hereby shall be five percent (5%) of the holder's gross revenues.

   C.   Notice To The City: The holder shall notify the city at least ten (10) days prior to the date on which the holder begins to offer cable service or video service in the city.

   D.   Holder's Liability: The holder shall be liable for and pay the service provider fee to the city. The holder's liability for the fee shall commence on the first day of the calendar month following thirty (30) days after receipt of the ordinance codified herein by the holder. The ordinance codified herein shall be sent by mail, postage prepaid, to the address listed on the holder's application notice sent pursuant to 220 Illinois Compiled Statutes 5/21-401(b)(6) to the city.

   E.   Payment Date: The payment of the service provider fee shall be due on a quarterly basis, forty five (45) days after the close of the calendar quarter. If mailed, the fee is considered paid on the date it is postmarked. Each payment shall include a statement explaining the basis for the calculation of the fee.

   F.   Exemption: The fee hereby imposed does not apply to existing cable service or video service providers that have an existing franchise agreement with the city in which a fee is paid.

   G.   Credit For Other Payments: An incumbent cable operator that elects to terminate an existing agreement pursuant to 220 Illinois Compiled Statutes 5/21-301(c) with credit for prepaid franchise fees under that agreement may deduct the amount of such credit from the fees that operator owes under subsection B of this section. (Ord. 2008-14, 2-11-2008)

   A.   PEG Fee Imposed: A PEG access support fee is hereby imposed on any holder providing cable service or video service in the city in addition to the fee imposed pursuant to section 4-11-2 of this chapter.

   B.   Amount Of Fee: The amount of the PEG access support fee imposed hereby shall be one percent (1%) of the holder's gross revenues or, if greater, the percentage of gross revenues that incumbent cable operators pay to the city or its designee for PEG access support in the city.

   C.   Payment: The holder shall pay the PEG access support fee to the city or to the entity designated by the city to manage PEG access. The holder's liability for the PEG access support fee shall commence on the date set forth in subsection 4-11-2D of this chapter.

   D.   Payment Due: The payment of the PEG access support fee shall be due on a quarterly basis, forty five (45) days after the close of the calendar quarter. If mailed, the fee is considered paid on the date it is postmarked. Each payment shall include a statement explaining the basis for the calculation of the fee.

   E.   Credit For Other Payments: An incumbent cable operator that elects to terminate an existing agreement pursuant to 220 Illinois Compiled Statutes 5/21-301(c) shall pay, at the time they would have been due, all monetary payments for PEG access that would have been due during the remaining term of the agreement had it not been terminated pursuant to that section. All payments made by an incumbent cable operator pursuant to the previous sentence may be credited against the fees that operator owes under subsection B of this section. (Ord. 2008-14, 2-11-2008)

All determinations and calculations under this chapter shall be made pursuant to generally accepted accounting principles. (Ord. 2008-14, 2-11-2008)

Nothing contained in this chapter shall be construed to exempt a holder from any tax that is or may later be imposed by the city, including any tax that is or may later be required to be paid by or through the holder with respect to cable service or video service. A state issued authorization shall not affect any requirement of the holder with respect to payment of the city's simplified municipal telecommunications tax or any other tax as it applies to any telephone service provided by the holder. A state issued authorization shall not affect any requirement of the holder with respect to payment of the local unit of government's 911 or E911 fees, taxes or charges. (Ord. 2008-14, 2-11-2008)

   A.   Audit Requirement: The city will notify the holder of the requirements it imposes on other cable service or video service providers to submit to an audit of its books and records. The holder shall comply with the same requirements the city imposes on other cable service or video service providers in its jurisdiction to audit the holder's books and records and to recompute any amounts determined to be payable under the requirements of the city. If all local franchises between the city and cable operator terminate, the audit requirements shall be those adopted by the city pursuant to the local government taxpayers' bill of rights act, 50 Illinois Compiled Statutes 45/1 et seq. No acceptance of amounts remitted should be construed as an accord that the amounts are correct.

   B.   Additional Payments: Any additional amount due after an audit shall be paid within thirty (30) days after the city's submission of an invoice for the sum. (Ord. 2008-14, 2-11-2008)

All fees due and payments which are past due shall be governed by ordinances adopted by this city pursuant to the local government taxpayers' bill of rights act, 50 Illinois Compiled Statutes 45/1 et seq. (Ord. 2008-14, 2-11-2008)

   A.   A certain document, the 2021 International Energy Conservation Code, all of the regulations, provisions, penalties, conditions and terms, as published by the International Code Council, Inc., be and is hereby adopted by reference as if fully set forth herein, as the energy conservation code of the City of Plano, state of Illinois; for regulating and governing energy efficient building envelopes and installation of energy efficient mechanical, lighting and power systems in the City of Plano, and providing for the issuance of permits and collection of fees therefor; with the additions, insertions, deletions and changes, if any, prescribed in section 4-12-2 of this chapter.

   B.   Copies On File: The energy conservation code has been on file in the office of the clerk of the city for more than thirty (30) days prior to the adoption hereof, and three (3) copies are on file in the office of the city clerk and available for public use, inspection, and examination. (Ord. 2025-17, 9-22-2025)

The following sections are hereby revised as follows:

Section C101.1: Insert: "City of Plano, Illinois"

Section 108.4 Failure To Comply: Shall be adopted as follows:

Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be guilty of a petty offense or civil infraction and punished as prescribed by law and as provided in section 1-4-1 of this code. Each day that a violation continues shall be deemed a separate offense. (Ord. 2025-17, 9-22-2025)

Nothing in this chapter or in the energy conservation code hereby adopted shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this chapter. (Ord. 2025-17, 9-22-2025)

It is hereby declared to be the intention of the mayor and city council of the City of Plano, Illinois, that the several provisions of this chapter and the provisions of the energy conservation code are separable, in accordance with the following:

   A.    If any court of competent jurisdiction shall declare any provision hereof invalid, such ruling shall not affect any other provision of this chapter not specifically included in the said ruling.

   B.    If any court of competent jurisdiction shall declare invalid the application of any provision of this chapter or of the energy conservation code to a particular property, building or other structure, such ruling shall not affect the application of said provision to any other property, building or structure not specifically included in said ruling. (Ord. 2025-17, 9-22-2025)

   A.   This chapter is intended to promote wind energy use within the city of Plano, while preserving and protecting the health, safety and welfare of property owners and residents.

   B.   The regulations of this chapter shall govern and control the site design, erection, enlargement, expansion, alteration, operation, maintenance, relocation and removal of small wind energy systems in the city of Plano.

   C.   The regulations of this chapter shall be in addition to provisions of the city of Plano's adopted codes, federal aviation administration requirements and all applicable federal and state statutes.

   D.   Power generated by a small wind energy system shall be primarily for the use of the property owner, on the property where the system is located. It is not the intent of this chapter to promote the operation of small wind energy systems in the city of Plano for profit by outside utility companies or other third parties. Small wind energy systems, however, may be connected to the power grid in accordance with applicable rules and regulations. (Ord. 2013-20, 8-12-2013)

SMALL WIND ENERGY SYSTEM (SWES): Equipment that converts and then stores or transfers electrical energy from the wind, also referred to as a wind turbine. Systems are comprised of wind turbines, support structures, and associated electric components. Systems shall be of a maximum rated generation capacity of not more than ten kilowatts (10 kW). (Ord. 2013-20, 8-12-2013)

   A.   Building Permit: A building permit shall be required to locate, erect or modify any SWES in the city of Plano.

   B.   Submissions Required: Permit applicant shall submit the following with the permit application:

      1.   Scaled site plan showing location and height of proposed SWES and all structures, including overhead utility lines, within a two hundred foot (200') radius of the proposed SWES.

      2.   Current copy of the SWES manufacturer's specifications and warranties.

      3.   Engineering drawings and calculations, sealed by a state of Illinois licensed structural engineer.

      4.   Other technical documents as necessary to demonstrate compliance with this chapter.

   C.   SWES Design: The safety of the SWES design shall be certified by a state of Illinois licensed professional engineer. Included in the certification shall be statement that the SWES is equipped with manual and overspeed control to limit the rotation of blades to a speed below the design limits of the system.

   D.   Conformance With Electrical Code: All electrical compartments, storage facilities, conduits, and interconnections with utility companies, shall conform to the adopted electrical code of the city of Plano, and all applicable federal, state and city codes.

   E.   Grid Connection: Grid connected SWES shall demonstrate compliance with all utility company requirements.

   F.   Height: The maximum permissible height of an SWES shall not exceed more than ten feet (10') above the maximum permissible height of the zoning district. Height shall be measured from grade to the nacelle of the turbine or center of the fan blade radius. On vertically oriented blades heights shall be measured from grade to top of the fan blade(s).

   G.   Wind: All SWES shall be designed to withstand wind velocities of at least one hundred (100) miles per hour and an impact pressure of forty (40) pounds per square foot.

   H.   Monopole Units:

      1.   All monopole units shall be designed to prevent climbing by unauthorized individuals. Protection methods may include fences with locking gates or fixed climbing apparatus at least twelve feet (12') above the ground.

      2.   All monopole units shall be embedded in an engineered concrete foundation.

      3.   A visible warning sign stating "High Voltage" shall be placed at the base of monopole units. The letters on the sign shall be no less than six inches (6") high.

      4.   The lowest point of a blade on a monopole unit shall be at least twenty feet (20') above grade.

   I.   Permit Fee: Small wind energy systems (SWES) shall be subject to a one hundred twenty five dollar ($125.00) building permit fee. Permit fee is payable at the time of application. (Ord. 2013-20, 8-12-2013)

   A.   All SWES shall be set back a minimum of one hundred ten percent (110%) of the permissible height from all property lines and overhead utility lines.

   B.   Monopole SWES shall be located a minimum of twenty feet (20') from the principal structure on a parcel.

   C.   No SWES shall be located in front of the building setback line in any zoning district or in front of the principal structure on any parcel.

   D.   When an SWES is located in a parking lot, it must be placed in landscaped area no less than five hundred (500) square feet in area.

   E.   No more than one SWES is permitted per zoning lot.

   F.   Roof mounted SWES shall be mounted upon the rear face of a sloped roof or to the side or rear facade of a flat roof. (Ord. 2013-20, 8-12-2013)

   A.   Colors and surface treatment of SWES and their support structures shall be white or earth tone, flat finished and nonreflective. Unfinished, galvanized, plain aluminum or stainless steel is not permitted.

   B.   SWES shall not use any lights unless required by the federal aviation administration. (Ord. 2013-20, 8-12-2013)

   A.   SWES shall be designed not to cause electromagnetic degradation of performance of other electromagnetic radiators or receptors.

   B.   All SWES shall utilize nonmetallic rotor blades unless the applicant can supply documentation from an accredited testing laboratory certifying that the metallic rotor blades proposed will not cause electromagnetic interference.

   C.   The city of Plano reserves the right to revoke the building permit for any SWES whenever electromagnetic interference from that system is proven to be evident. (Ord. 2013-20, 8-12-2013)

   A.   The noise emanating from any installed SWES as measured at the property line shall not exceed a maximum of fifty decibels (50 dB) at any time. (Ord. 2013-20, 8-12-2013)

   A.   All SWES shall be readily accessible for inspection at all times.

   B.   All SWES shall be maintained and kept in good working order. Systems that are abandoned or out of service for a continuous six (6) month period shall be dismantled and completely removed from the property within thirty (30) days of abandonment or being taken out of service. (Ord. 2013-20, 8-12-2013)

   A.   Applicants for an SWES permit shall demonstrate that they hold liability insurance for their SWES. (Ord. 2013-20, 8-12-2013)

   A.   It shall be unlawful for any person to construct, install, or operate an SWES that is not in compliance with this chapter or any condition contained in the building permit issued for the SWES. (Ord. 2013-20, 8-12-2013)

   A.   A certain document, the 2024 International Existing Building Code, all of the regulations, provisions, penalties, conditions and terms, as published by the International Code Council, Inc., be and is hereby adopted by reference as if fully set forth herein, as the existing building code of the City of Plano, Illinois; for regulating and governing alterations and additions to existing buildings in the City of Plano, and providing for the issuance of permits and collection of fees therefor; with the additions, insertions, deletions and changes, if any, prescribed in section 4-14-2 of this chapter.

   B.   Copies On File: The existing building code has been on file in the office of the clerk of the city for more than thirty (30) days prior to the adoption hereof, and three (3) copies are on file in the office of the city clerk and available for public use, inspection, and examination. (Ord. 2025-17, 9-22-2025)

The following sections are hereby revised:

Section A101.1: Insert: "City of Plano, Illinois"

Section 113.4: Violation penalties: Shall be adopted as follows:

Any person who violates a provision of the existing building code or amendments to the existing building code as set forth in this chapter or shall fail to comply with any of the requirements thereo or who repairs or alters or changes the occupancy of a building or structure in violation of the approved construction documents or directive of the code official or of a permit or certificate issued under the provisions of this code shall be subject to penalties as prescribed by law. (Ord. 2025-17, 9-22-2025)

Nothing in this chapter or in the existing building code hereby adopted shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this chapter. (Ord. 2025-17, 9-22-2025)

It is hereby declared to be the intention of the mayor and city council of the City of Plano, Illinois, that the several provisions of this chapter and the provisions of the existing building code are separable, in accordance with the following:

   A.   If any court of competent jurisdiction shall declare any provision hereof invalid, such ruling shall not affect any other provision of this chapter not specifically included in the said ruling.

   B.   If any court of competent jurisdiction shall declare invalid the application of any provision of this chapter or of the existing building code to a particular property, building or other structure, such ruling shall not affect the application of said provision to any other property, building or structure not specifically included in said ruling. (Ord. 2025-17, 9-22-2025)