33-1-1        PERMITS.  The written consent for utility occupancy required by Illinois Compiled Statutes (605 ILCS 5/9-113) is provided by procedures involving the application for and the issuance of permits on forms standardized by the Union County Highway Department (hereinafter referred to as Department).  No utility work shall be started on a local right of way until an approved permit has been issued.

          (A)               Disclaimer.  Permits issued by the Department are effective only insofar as the County of Union and the Union County Superintendent of Highways has jurisdiction and do not presume to release the permittee from compliance with any Federal, State, or local statutes and regulations applicable to utility construction, operation or maintenance.

          33-1-2        SIGNATORY AUTHORITY.  Permits and bonds to be issued under this policy by theCounty ofUnion will be executed by the Union County Superintendent of Highways.

          33-1-3        FEES OR ASSESSMENTS.  A fee of One Hundred Dollars ($100.00) shall be assessed for each permit application to cover pre-inspection, board review, and post-inspection requirements.

In addition, if repairs are necessary due to improper workmanship by the utility company, such repairs shall be made by the highway department and billed to the responsible utility company.

          33-1-4        TRAFFIC PROTECTION.  The grantee of utility occupancy permit is responsible for providing and installing warning signs, protective devices and flagmen, when necessary, meeting the Department’s requirements for protection of the traveling public and the utilities’ workers when performing any work on the right of way.  This is a very important responsibility and the utility is subject to the same traffic protection requirements as a contractor of County forces working on the right of way.  The Department’s minimum of the “Illinois Manual on Uniform Traffic Control Devices for Streets and Highways”.  The grantee shall take immediate action to correct any deficiencies in traffic protection requirements that are brought to said grantee’s attention by the Department.

          33-1-5        EXCEPTIONS TO POLICY.  Requests for utility occupancies that would not conform to the provisions of this policy shall be considered individually.  Variance from policy may be granted where extreme terrain features or other extreme conditions would make compliance impractical or unreasonable.

          33-1-6        OBJECTIVES.  This policy is oriented toward the preservation of the rights and privileges of the general public in the safe and free use of the County Highway System while allowing the optimum usage of the highway rights of way by utilities that provide needed and useful services to the general public.

          33-1-7        LOCATION OF UTILITIES.  Utilities, where permitted, shall be located as remote as practical from the traveled or paved portion of the highway.  No new above ground utility facilities shall be located within the area established as clear zone for that particular section of highway.  No new parallel utility installations shall be permitted under paved portions of streets or highways under Department jurisdiction in rural areas and only under extraordinary conditions in urban areas.

Utility crossing facilities installed between the ditch lines of County highways shall be designed and constructed and shall incorporate materials and protective appurtenances so as to virtually preclude future disruption in these areas.  Protection may include encasement, additional cover, or other measures that might not be required outside these areas.

Utilities shall not be permitted to cross under local highways in cattle passes, culverts, or other drainage facilities.

          (A)               Manholes.  Manholes shall not be permitted in the traffic lanes of County highways in rural areas.  Existing manholes may be permitted to remain.

          (B)               Utility Bridges and Tunnels.  Bridges to carry utilities over County highways or tunnels to carry utilities under County highways shall be considered as a use of “Air Rights” and shall be processed on federally aided highways as prescribed in Federal-Aid Highway Program Manual Volume 7, Chapter 4, Section 3.  (Formerly PPM 80-10-1 and 80-10-2).  The same provisions shall apply to non-federally aided County highways except the approval of FHWA will not be a requirement.

          (C)               Medians.  Each utility crossing involving construction operations within a median area shall be considered individually.  If such operations can be conducted thirty (30) feet (9 m) or more from edges of both pavements, the crossing will be considered as two separate highway crossings.

          (D)               On-Site Utility Location.  The requirements for the vertical and horizontal field location of any utility installation on County right of way prior to and during construction shall be in accordance with the Department policy.

          (E)               Underground Utility Markers.  Markers shall be placed on existing right-of-way lines every one-half (0.5) mile where continuous underground utilities are located on new or replacement installation.

The markers shall be placed a minimum of five (5) feet above the existing ground line and shall contain the name and address of the owner and the type of underground facility located nearby and the telephone number to be called in case of emergency.

If more than one utility exists along the same area, additional markers may be placed upon the same post, when permission is granted by the initial utility to place additional markers upon their post.

          33-1-8        ENCASEMENT.  Encasement of underground utility crossings where required is intended to serve one or more of the following purposes:

          (A)               To allow replacement of utility without future disruption of roadway structure.

          (B)               To vent or drain leaks of volatile gases or liquids that might occur under the roadway structure.

          (C)               To serve as bridge or carrier through unstable soil structure.

          (D)               To prevent cavitation under pavement structure from leaks of pressurized liquids.

          (E)               To allow ease of insertion and coating protection of utility conductor or carrier.

          (F)               To provide protection of utility conductor or carrier from superimposed loads and/or “dig-in” damage.

          (G)               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 Department Under-ground utility crossings without encasement, when permitted, will generally preclude future maintenance or repair within the area between the ditch lines or toes of slopes.

          33-1-9        CONSTRUCTION METHODS.  Construction methods for utility installations on County highway rights of way shall comply with the applicable provisions of the State of Illinois Department of Transportation “Standard Specifications for Road and Bridge Construction”, the applicable General Orders of the Illinois Commerce Commission, Regulations of the Illinois Environmental Protection Agency, and the Standards adopted by the appropriate industry.

          (A)               Boring or Jacking.  Boring or jacking under County highways shall be accomplished from pits located a minimum distance of ten (10) feet (3m) plus the depth of pit without shoring from the edge of the pavement.  If shoring is used, the pits shall be located a minimum of ten (10) feet (3m) from the edge of pavement on conventional highways.  The shoring shall be installed immediately after excavation of the pit and it 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.

Wet boring or jetting shall not be permitted under the roadway structure of County highways.

Borings over six (6) inches (0.15m) in diameter shall be accomplished with an auger and following pipe, and the diameter of the auger and following pipe by more than one (1) inch (25mm).  Borings six (6) inches and under may be accomplished by either jacking or auger and following pipe method.  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.

          (B)               Trenching.  Trenching for utility installation, repair, or maintenance on County highway rights of way shall be done in accord with the applicable portions of Section 603 of the Illinois Department of Transportation “Standard Specifications for Road and Bridge Construction”.

The length of open trench shall be kept to the practicable minimum consistent with requirements for pipe-line testing.

Open trench and windrowed excavated material shall be protected as required by Chapter 6 of the Illinois“Manual of 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)               Backfilling. Backfilling shall consist of refilling pits and/or trenches, excavated for the installation of utilities, with acceptable materials and construction methods in accord with the Illinois Department of Transportation “Standard Specifications for Road and Bridge Construction”.  When excavated material is hauled away or is unsuitable for backfill, suitable granular backfill shall be used.

All trenches within the limits of the roadway structure shall be backfilled for their full width, depth, and length with granular material meeting the requirements of Article 704.07 (approximately CA 17 gradation) of the “Standard Specifications for Road and Bridge Construction”.

          (D)               Pavement Cuts.  Pavement cuts for utility installation or repair shall not be permitted on any County highway open for traffic.  If a variance is permitted as covered under Section 33-1-6, the following requirements shall apply:

                    (1)     Any excavation under pavements shall be promptly backfilled with granular material meeting the requirements of Article 704.07 (approximately CA 17 gradation) of the State’s “Standard Specifications for Road and Bridge Construction”.

                    (2)     Restoration for 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 temporary repair or the restoration shall be rebuilt upon notification by the Department.

          (E)               Material Storage on Right of Way.  All pipe, conduit, wire, poles, cross arms, or other materials distributed along the highway prior to installation shall be placed as remote as practicable from the edge of pavement in a manner to minimize its being a hazard to errant vehicles or an obstacle to highway maintenance.  If material is to be stored on highway right of way for more than two (2) weeks prior to installation, approval must be obtained from the Superintendent of Highways or his duly authorized agent.

          (F)               Operational Restrictions.  Utility construction and/or maintenance operations on County highway rights of way may be at the discretion of the Department, be required to be discontinued during periods of inclement weather when such operations would create extraordinary hazards to highway traffic.  Such operations may also be required to be discontinued or restricted when soil conditions are such that the utility work would result in extensive damage to the highway right of way.

These restrictions shall be waived when emergency work is required to restore vital utility services.

          33-1-10      MATERIALS.  The material used in constructing utility installations on the rights of way of the County Highway System shall be those meeting the accepted standards of the appropriate industry, the applicable portions of the State’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.

          33-1-11      LIABILITIES.  The petitioner for the occupancy of County highway right of way indemnifies the County by provisions of the permit against any liability for death, personal injury, or property damage that might occur attributable to the construction, maintenance, or occupancy of the utility facilities on the County highway right of way.

          33-1-12      SURETY BONDS.

          (A)               General.  The surety bonds required for utility work and occupancy on County highway rights of way are intended primarily to assure the prompt and satisfactory replacement and repair, at no cost to the County, of County highway facilities that may be damaged or disrupted by the utility companies operations or occupancy.  These bonds are not to be considered as personal injury and property damage insurance.

The monetary value of the surety shall be based on the potential for highway facility damages which may be related to the type and volume of transmittant, and the physical dimensions of the utility facilities.

          (B)               Highway Permit Continuing Bond.  Surety is to be provided as a continuing bond to remain in full force and effect for all Utility Companies issued a General Utility Permit providing for long-term or permanent occupancy of County highway rights of way.

          (C)               Individual Highway Permit Bond.  Surety shall be provided by a contractor who constructs or maintains utility facilities under permit for a municipality or other public body which is not required to maintain a continuing bond.  Individual Highway Permit Bonds are to remain in full force and effect until the specific project is completed and the highway right of way left in a condition satisfactory to the Department.

          (D)               Continuing Bond for Utility Contractors.  A contractor, who has occasion to frequently request permits for utility work for public entities, may provide, at his option, for a continuing bond.  This arrangement eliminates the need for the contractor to secure an Individual Highway Permit Bond for each project.

          33-1-13      CLEANUP AND REPAIR.  Upon completion of all construction or maintenance of utility facilities on County highway rights of ay, the contractor and/or the owner corporation shall remove all excess material and restore all turf and terrain to the satisfaction of the Department.  Such cleanup and repair may consist of backfilling, regarding, reseeding, resodding, or any other requirement to restore the right of way to a condition equivalent to that which existed prior to the commencement of the project.

          33-1-14      MAINTENANCE.  Utility facilities on County highway rights of way are to be maintained by or for the owner corporation in a manner satisfactory to the Department and at the owner corporation’s expense.

          33-1-15      RESPONSIBILITY OF UTILITY COMPANY.  It shall be the responsibility of the utility company to ascertain the presence of, and the location of, existing underground utility facilities or drainage facilities on the highway right of way to be occupied by their proposed facilities.

          33-1-16      MISCELLANEOUS FACILITIES.  Certain facilities that may be considered as quasi-utility occupancies may be permitted on County highway rights of way subject to the applicable requirements and restrictions for the more common utility installations herein covered in detail.  In this category would be such facilities as Highway Lighting, Drainage Ditches, Irrigation Ditches, Levees and possibly some others.

These miscellaneous facilities, where and when permitted, shall be constructed in accord with the Department’s current design standards and be subject to structural analysis when appropriate.

          33-1-17      ABANDONMENT.  In the facilities installed on County highway rights of way are abandoned, the utility company may, at the option of the Superintendent of Highways be required to remove such facilities and restore the right of way to a satisfactory condition.  Such removal is not expected to be a normal requirement but requested only when the abandoned facilities will interfere with anticipated construction or other anticipated use of the right of way in the area or when existence of the abandoned utilities could be detrimental to the highway.

          33-1-18      RIGHTS OF ABUTTING PROPERTY OWNERS.  Rights of abutting property owners are covered under Illinois Statutes (605 ILCS 5/9-113 and 5/9-127).  The Department shall not be a party in any negotiations between the utility and abutting property owners.