Chapter 70
STREETS, SIDEWALKS AND OTHER PUBLIC PLACES*
------------
Cross references: Administration, ch. 2; street and alley department, § 2-281 et seq.; buildings and building regulations, ch. 18; storage of building materials in streets, § 18-116; obstructing sidewalks during building operations, § 18-118; moving buildings, § 18-141 et seq.; subdivisions, ch. 74; traffic and vehicles, ch. 82; utilities, ch. 86; vegetation, ch. 90.
State law references: Local improvements, 65 ILCS 5/9-1-1 et seq.; municipal streets and public ways, 65 ILCS 5/11-80-1 et seq.; Illinois Highway Code, 605 ILCS 5/1-101 et seq.; municipal administration of streets, 605 ILCS 5/7-101 et seq.
------------
Article I. In General
Sec. 70-1. Definitions.
Sec. 70-2. Undermining.
Sec. 70-3. Open doors or gratings on streets or sidewalks.
Sec. 70-4. Vaults.
Sec. 70-5. Stairways; railing.
Sec. 70-6. Closing street or public place.
Sec. 70-7. Signs across street.
Sec. 70-8. Deposits on sidewalks or streets.
Sec. 70-9. Obstructing street.
Sec. 70-10. Building materials in street.
Sec. 70-11. Merchandise on public street.
Sec. 70-12. Encroachments on public property.
Sec. 70-13. Injury to public property.
Sec. 70-14. Injury to new pavements.
Sec. 70-15. Burning on public streets.
Sec. 70-16. Railroad obstructing street.
Sec. 70-17. Naming of streets, change in name.
Secs. 70-18– 70-40. Reserved.
Article II. Excavations
Division 1. Generally
Sec. 70-41. Inspections; rules and regulations.
Sec. 70-42. Liability of persons to city for damage.
Sec. 70-43. Manner of excavating.
Sec. 70-44. Sidewalks.
Sec. 70-45. Restoring surface.
Sec. 70-46. Supervision.
Sec. 70-47. Tunneling.
Sec. 70-48. Protective measures and routing of traffic.
Sec. 70-49. Protection of traffic.
Sec. 70-50. Clearance for vital structures.
Sec. 70-51. Relocation and protection of utilities.
Sec. 70-52. Protection of adjoining property.
Sec. 70-53. Protection of watercourses.
Sec. 70-54. Placement of excavation material.
Sec. 70-55. Abandonment of substructures.
Sec. 70-56. Cleanup.
Sec. 70-57. Breaking through pavement.
Sec. 70-58. Depth of structures.
Sec. 70-59. Backfilling.
Sec. 70-60. Trenches in pipe laying.
Sec. 70-61. Prompt completion of work.
Sec. 70-62. Urgent work.
Sec. 70-63. Emergency action.
Sec. 70-64. Noise, dust and debris.
Sec. 70-65. Preservation of monuments.
Sec. 70-66. Location records.
Secs. 70-67– 70-75. Reserved.
Division 2. Permit
Sec. 70-76. Required.
Sec. 70-77. Application.
Sec. 70-78. Fees.
Sec. 70-79. Certificate of insurance.
Sec. 70-80. Deposit.
Secs. 70-81– 70-100. Reserved.
Article III. Street Improvements
Sec. 70-101. Sidewalks.
Sec. 70-102. Curbs and gutters.
Sec. 70-103. Storm sewers.
Secs. 70-104– 70-125. Reserved.
Article IV. Culverts
Division 1. Generally
Sec. 70-126. Obstruction of drain or storm sewer.
Sec. 70-127. Culvert policy.
Sec. 70-128. Type of culvert.
Sec. 70-129. Drainage inlet boxes.
Sec. 70-130. Backfill.
Sec. 70-131. Replacement, cost.
Secs. 70-132– 70-140. Reserved.
Division 2. Permit
Sec. 70-141. Required.
Sec. 70-142. Applications; issuance.
Sec. 70-143. Fees.
Secs. 70-144– 70-165. Reserved.
Article V. Driveways
Division 1. Generally
Sec. 70-166. Grade, surface.
Sec. 70-167. Specifications.
Sec. 70-168. Maintenance and repair.
Secs. 70-169– 70-180. Reserved.
Division 2. Permit
Sec. 70-181. Required.
Sec. 70-182. Applications.
Sec. 70-183. Fee.
Sec. 70-184. Breaking curb; bond required.
Secs. 70-185– 70-205. Reserved.
Article VI. Encroachments on Public Right-of-Way
Sec. 70-206. Definitions.
Sec. 70-207. Applicability.
Sec. 70-208. Prohibition generally.
Sec. 70-209. Right-of-way lines.
Sec. 70-210. Revocable permits.
ARTICLE I. Sec. 70-1. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Superintendent means the superintendent of public works or his or her designee.
(Code 1976, § 9 3/4-1; Ord. No. 99-19, § 1, 9-27-99; Ord. No. 05-9, § 17, 5-9-05)
Cross references: Definitions generally, § 1-2.
Sec. 70-2. Undermining.
No person shall undermine, in any manner, any street or any other ground or real estate situated in the city or belonging to any private person. (See article II of this chapter.)
(Code 1976, § 9 3/4-50)
Sec. 70-3. Open doors or gratings on streets or sidewalks.
No person shall open, or allow to remain open, any door or the grating of any vault belonging to the premises occupied by that person, on any street, alley or sidewalk in the city for any purpose, except the taking in and removing of goods; and any person allowing such grating to remain open shall warn passersby of the danger.
(Code 1976, § 9 3/4-51)
Sec. 70-4. Vaults.
No person shall dig or cause to be dug in any street or sidewalk any vault without covering the opening thereof in such a manner as to prevent persons, animals and vehicles from falling into the excavation. Such vault shall be in conformance with other Code provisions.
(Code 1976, § 9 3/4-52)
Sec. 70-5. Stairways; railing.
Steps or stairways leading into any building shall not extend from the wall of such building onto any pavement or sidewalk, and in such case, the person making or causing to be made such passage shall erect a railing on the side of the stairs toward the street to prevent persons from falling into the street.
(Code 1976, § 9 3/4-53)
Sec. 70-6. Closing street or public place.
Whenever the public safety or the improvement or repair of any street, alley or public place requires it, the mayor may order any street, alley or public place temporarily closed to traffic and the placing of signs indicating that the street, alley or public place is closed by order of the mayor. Whenever such signs are so placed, no person shall ride or drive upon or cross such street, alley or public place, or in any manner destroy, deface or remove any such sign.
(Code 1976, § 9 3/4-54)
Sec. 70-7. Signs across street.
No person shall place any sign, advertisement or banner over or across any street or alley in the city unless that person has written approval of the superintendent.
(Code 1976, § 9 3/4-55)
Cross references: Advertising, ch. 6.
Sec. 70-8. Deposits on sidewalks or streets.
(a) It shall be unlawful to deposit on any public sidewalk, gutter, street or alley any material which may be harmful to the pavement thereof, or any waste material, glass, leather, clippings, straw, dirt, filth, ashes, chips, paper, rubbish or other articles. Every 12 hours such materials shall be suffered to remain, after notice from any city officer to remove such materials, shall constitute a separate offense.
(b) Merchandise or other articles may be deposited on sidewalks preparatory to delivery, provided that the usable width of the sidewalk is not thereby reduced to less than four feet; and provided that no such article shall remain on such sidewalk for more than one-half hour.
(Code 1976, § 9 3/4-57)
Sec. 70-9. Obstructing street.
(a) It shall be unlawful to deposit on any street any material which may be harmful to the pavement, or any waste material, or any grass clippings, or to cause a lawnmower to blow grass clippings onto a street, or any other articles such as glass which may cause injury to any person, animal or property.
(b) No person shall place or cause to be placed or erected on any public ground, or in any public street, alley or sidewalk in the city, any debris, materials or obstruction, except as may be permitted by this Code.
(c) It shall be the duty of the police department to exercise a vigilant supervision over the places mentioned in this section and to notify any person found making such deposit or responsible for such deposit to remove the offending matter at once.
(Code 1976, § 9 3/4-58)
Sec. 70-10. Building materials in street.
The superintendent may move any obstruction on any street or sidewalk of the city, but before doing so, the superintendent shall notify the person responsible therefor to remove such obstruction within a reasonable time after being notified. Any person engaged in erecting a building or fence or improving any lot on such street may deposit materials thereon and contiguous thereto for such length of time as may be necessary for the work upon obtaining approval of the superintendent. The obstruction shall not extend to more than one-half of the width of the sidewalk, street or alley adjacent to such improvement and the gutter shall always be left free and unobstructed. Such person shall, at night, keep an illuminated warning light on such material. (See article II of this chapter.)
(Code 1976, § 9 3/4-59)
Cross references: Buildings and building regulations, ch. 18.
Sec. 70-11. Merchandise on public street.
It shall be unlawful for any person to use any street, sidewalk or other public place as space for the display of goods or merchandise for sale; or to write or make any signs or advertisements on any such pavements, unless permission is granted by the mayor.
(Code 1976, § 9 3/4-60)
Sec. 70-12. Encroachments on public property.
It shall be unlawful to erect or maintain any building, fence or structure which encroaches upon any public street, alley, sidewalk, crossing, thoroughfare or property.
(Code 1976, § 9 3/4-61)
Sec. 70-13. Injury to public property.
It shall be unlawful for any person to tear up or injure any pavement, sidewalk, crossing, drain, or any other public property within the city, or to hinder or obstruct the making or repairing of the same or any other public work within the city.
(Code 1976, § 9 3/4-67)
Sec. 70-14. Injury to new pavements.
It shall be unlawful to walk upon or drive any vehicle or animal upon or destroy any newly laid sidewalk pavement while such pavement is guarded by a warning sign or barricade, or to knowingly injure any soft, newly laid pavement.
(Code 1976, § 9 3/4-64)
Sec. 70-15. Burning on public streets.
It shall be unlawful for any person to cause or allow open burning upon the concrete, asphalt, chip and seal, or otherwise improved surface of the public streets, sidewalks or alleys of the city. Open burning as used herein shall be defined as in section 8-1 of this Code.
(Code 1976, § 9 3/4-65; Ord. No. 97-17, § 2, 9-22-97)
Sec. 70-16. Railroad obstructing street.
No railroad company or person shall obstruct any street, alley, sidewalk, crossing or other thoroughfare of the city by leaving thereon any locomotive, steam engine, car or other rolling stock used on railroads for a longer time than five consecutive minutes.
(Code 1976, § 9 3/4-66)
Sec. 70-17. Naming of streets, change in name.
The city council may name originally and may change the name of any street, avenue, alley or other public place. No change in such name shall be effective until 30 days after the election authorities having jurisdiction in the area in which the name is changed and the post office branch serving that area have been notified by the city of the change, in writing, by certified or registered mail.
(Code 1976, § 9 3/4-68)
Secs. 70-18– 70-40. Reserved.
ARTICLE II. DIVISION 1. Sec. 70-41. Inspections; rules and regulations.
The superintendent shall make such inspections as are reasonably necessary in the enforcement of this article. The superintendent shall have the authority to promulgate and cause to be enforced such rules and regulations as may be reasonably necessary to enforce and carry out the intent of this article.
(Code 1976, § 9 3/4-178)
Sec. 70-42. Liability of persons to city for damage.
If any person violates any provision of this article and any person or property in consequence thereof is injured or damaged, the person so guilty of such violation shall be liable to the city in relation thereto, and no prosecution or other proceeding by the city of such person for any penalty imposed for a violation shall constitute a bar to such action by the city for such damages.
(Code 1976, § 9 3/4-180)
Sec. 70-43. Manner of excavating.
(a) It shall be unlawful to make any excavation or tunnel in any way contrary to or at variance with the terms of the permit therefor. Proper bracing shall be maintained to prevent the collapse of adjoining ground; and in excavations, the excavation shall not have anywhere below the surface any portion which extends beyond the opening at the surface.
(b) No injury shall be done to any pipes, cables or conduits in the making of excavations or tunnels; and notice shall be given to the persons maintaining any such pipes, cables or conduits or to the city department or officer charged with the care thereof, which are or may be endangered or affected by the making of any such excavation or tunnel before such pipes, cables or conduits shall be disturbed.
(c) No unnecessary damage or injury shall be done to any tree or shrub or the roots thereof.
(Code 1976, § 9 3/4-155)
Sec. 70-44. Sidewalks.
If any sidewalk is blocked by any excavation or tunnel, a temporary sidewalk shall be constructed or provided which shall be safe for travel and convenient for users. The temporary sidewalk is subject to inspection by the superintendent and shall not be open for use until approved by the superintendent.
(Code 1976, § 9 3/4-156)
Sec. 70-45. Restoring surface.
(a) Any person making any excavation or tunnel in or under any public street, alley or other public place in the city shall restore the surface to its original condition if there is no pavement there. Refills shall be properly tamped down, and any bracing in such tunnel or excavation shall be left in the ground.
(b) Any opening in a paved or improved portion of a street shall be repaired and the surface relaid by the permittee under this article in compliance with this chapter and under the supervision of the superintendent.
(Code 1976, § 9 3/4-157)
Sec. 70-46. Supervision.
The superintendent shall, from time to time, inspect or cause to be inspected all excavations and tunnels being made in or under any public street, alley or other place in the city to see to the enforcement of the provisions of this article. Notice shall be given to the superintendent at least ten hours before the work of refilling any such tunnel or excavation commences.
(Code 1976, § 9 3/4-158)
Sec. 70-47. Tunneling.
It shall be unlawful to tunnel under any portion of a street or sidewalk in the city which is paved with a concrete or asphalt paving. Where necessary, and where a proper permit has been secured, bores may be made under any such pavement.
(Code 1976, § 9 3/4-159; Ord. No. 99-19, § 2, 9-27-99)
Sec. 70-48. Protective measures and routing of traffic.
(a) It shall be the duty of every person cutting or making an excavation in or upon any public place to place and maintain barriers and warning devices necessary for the safety of the general public.
(b) Barriers, warning signs, lights, etc., shall conform to the requirements of all applicable city codes. Warning lights shall be electrical markers or flashers used to indicate a hazard to traffic from sunset of each day to sunrise of the next day. The warning lights shall emit light at sufficient intensity and frequency to be visible at a reasonable distance for safety. Reflectors or reflecting material may be used to supplement, but not replace, light sources.
(c) The permittee under this article shall take appropriate measures to assure that, during the performance of the excavation work, traffic conditions as near to normal as possible shall be maintained at all times so as to minimize inconvenience to the occupants of the adjoining property and to the general public.
(d) When traffic conditions permit, the superintendent may, by written approval, permit the closing of streets and alleys to all traffic for a period of time prescribed by the superintendent if, in the superintendent's opinion, it is necessary. Such written approval may require that the permittee give notification to various public agencies and to the general public. In such cases, such written approval shall not be valid until such notice is given.
(e) Warning signs shall be placed far enough in advance of the construction operation to alert traffic within a public street and cones or other approved devices shall be placed to channel traffic in accordance with the instructions of the superintendent.
(Code 1976, § 9 3/4-160)
Sec. 70-49. Protection of traffic.
The permittee under this article shall maintain safe crossings for two lanes of vehicle traffic at all street intersections where possible and safe crossings for pedestrians at intervals of not more than 300 feet. If any excavation is made across any public street, alley or sidewalk, adequate crossings shall be maintained for vehicles and for pedestrians. If the street is not wide enough to hold the excavated material without using part of the adjacent sidewalk, a passageway of at least one-half of the sidewalk width shall be maintained along such sidewalk line.
(Code 1976, § 9 3/4-162)
Sec. 70-50. Clearance for vital structures.
The excavation work shall be performed and conducted so as not to interfere with access to fire hydrants, fire stations, fire escapes, water gates, underground vaults, valve housing structures, and all other vital equipment as designated by the superintendent.
(Code 1976, § 9 3/4-161)
Sec. 70-51. Relocation and protection of utilities.
(a) The permittee under this article shall not interfere with any existing facility without the written consent of the superintendent and the owner of the facility. If it shall become necessary to relocate an existing facility, this shall be done by its owner. The facility owned by the city may be moved to accommodate the permittee if the cost of such work is borne by the permittee. The cost of moving privately owned facilities shall be similarly borne by the permittee unless it makes other arrangements with the person owning the facility. The permittee shall support and protect by timbers or otherwise all pipes, conduits, poles, wires or other apparatus which may be in any way affected by the excavation work, and do everything necessary to support, sustain and protect them under, over, along or across such work. The permittee shall secure approval of the method of support and protection from the owner of the facility.
(b) In case any of the pipes, conduits, poles, wires or apparatus should be damaged during excavation work, and for this purpose, pipe coating or other encasement or devices are to be considered as part of a substructure, the permittee shall promptly notify the owner thereof. All damaged facilities shall be repaired by the agency or person owning them, and the expense of such repairs shall be charged to the permittee. It is the intent of this subsection (b) that the permittee shall assume all liability for damage to facilities and any resulting damage or injury to anyone because of such facility damage and such assumption of liability is a contractual obligation of the permittee. The only exception will be for such instances where damage is exclusively due to the negligence of the owning utility. The city shall not be made a party to any action because of this section. The permittee shall inform itself as to the existence and location of all underground facilities and protect such facilities against damage.
(Code 1976, § 9 3/4-163)
Cross references: Utilities, ch. 86.
Sec. 70-52. Protection of adjoining property.
(a) The permittee under this article shall, at all times, and at the permittee's own expense, preserve and protect from injury any adjoining property by providing proper foundations and taking other measures suitable for the purpose. Where, in the protection of such property, it is necessary to enter upon private property for the purpose of taking appropriate protective measures, the permittee shall obtain consent from the owner of such private property for such purposes, and if he cannot obtain such consent, the superintendent may authorize the permittee to enter the private premises solely for the purpose of making the property safe.
(b) The permittee under this article shall, at its own expense, shore up and protect all buildings, walls, fences, or other property likely to be damaged during the progress of the excavation work and shall be responsible for all damage to public or private property or highways resulting from its failure to properly protect and carry out such work. Whenever it may be necessary for the permittee to trench through any lawn area, such area shall be reseeded or the sod shall be carefully cut and rolled and replaced after ditches have been backfilled as required in this article. All construction and maintenance work shall be done in a manner calculated to leave the lawn area clean of earth and debris and in a condition as nearly as possible to that which existed before such work began. The permittee shall not remove, even temporarily, any trees or shrubs which exist in parking street areas without first obtaining the consent of the appropriate city department or official having supervision of such property.
(Code 1976, § 9 3/4-165)
Sec. 70-53. Protection of watercourses.
(a) The permittee shall maintain all gutters free and unobstructed for the full depth of the adjacent curb and for at least one foot in width from the face of such curb at the gutter line. Whenever a gutter crosses an intersecting street, an adequate waterway shall be provided and at all times maintained.
(b) The permittee shall make provisions to take care of all surplus water, muck, silt, slickings, or other runoff pumped from excavations or resulting from sluicing or other operations, and shall be responsible for any damage resulting from its failure to so provide.
(Code 1976, § 9 3/4-168)
Sec. 70-54. Placement of excavation material.
(a) All material excavated from trenches and piled adjacent to the trench or in any street shall be piled and maintained in such a manner as not to endanger those working in the trench, pedestrians or users of the streets, and so that as little inconvenience as possible is caused to those using streets and adjoining property. Where the confines of the area being excavated are too narrow to permit the piling of excavated material beside the trench, such as might be the case in a narrow alley, the superintendent shall have the authority to require that the permittee haul the excavated material to a storage site and then rehaul it to the trench site at the time of backfilling. It shall be the permittee's responsibility to secure the necessary permission and make all necessary arrangements for all required storage and disposal sites.
(b) All material excavated shall be laid compactly along the side of the trench and kept trimmed so as to cause as little inconvenience as reasonably possible to vehicular and pedestrian traffic, or as specified by the superintendent. Whenever necessary in order to expedite the flow of traffic or to abate a dirt or dust nuisance, toe boards or bins may be required by the superintendent to prevent the spreading of dirt into traffic lanes.
(Code 1976, § 9 3/4-166)
Sec. 70-55. Abandonment of substructures.
Whenever the use of a substructure is abandoned, except the abandonment of service lines designed to serve single properties, the person owning, using, controlling or having an interest therein shall, within 30 days after such abandonment, file with the superintendent a statement in writing giving in detail the location of the substructure so abandoned. If such abandoned substructure is in the way or subsequently becomes in the way of an installation of the city or any other public body, which installation is pursuant to a governmental function, the owner shall remove such abandoned substructure or pay the cost of its removal during the course of excavation for construction of the facility by the city or any other public body.
(Code 1976, § 9 3/4-164)
Sec. 70-56. Cleanup.
As the excavation work progresses, all streets shall be thoroughly cleaned of all rubbish, excess earth, rock and other debris resulting from such work. All cleanup operations at the location of such excavation shall be accomplished at the expense of the permittee and shall be completed to the satisfaction of the superintendent. From time to time as may be ordered by the superintendent, and, in any event, immediately after the completion of such work, the permittee shall, at the permittee's own expense, clean up and remove all refuse and unused materials of any kind resulting from such work, and upon failure to do so within 24 hours after having been notified to do so by the superintendent, such work may be done by the superintendent and the cost thereof charged to the permittee, and the permittee shall also be liable for the cost thereof under the surety bond provided under the terms of this article.
(Code 1976, § 9 3/4-167)
Sec. 70-57. Breaking through pavement.
(a) Heavy duty pavement breakers may be prohibited by the superintendent when the use endangers existing substructures or other property.
(b) Saw cutting of Portland cement concrete shall be required. The depth of the cut shall not be less than four inches in depth; however, depths greater than four inches may be required by the superintendent when circumstances warrant. Saw cutting shall be required by the superintendent outside the limits of the excavation over caveouts, overbreaks and small floating sections.
(c) Saw cutting of bituminous pavement surfaces or chip and seal streets ahead of excavations shall be required to confine pavement damage to the limits of the trench.
(d) Sections of sidewalks shall be saw cut at the nearest score line or joint.
(e) Unstable pavement shall be removed over caveouts and overbreaks and the subgrade shall be treated as the main trench.
(f) Pavement edges shall be trimmed to a vertical face and neatly aligned with the centerline of the trench.
(g) Cutouts outside of the trenchlines must be normal or parallel to the trenchline.
(h) Boring or other methods to prevent cutting of new pavement shall be required by the superintendent.
(i) The permittee shall not be required to repair pavement damage existing prior to excavation unless the cut results in small floating sections that may be unstable, in which case the permittee shall remove and pave the area.
(Code 1976, § 9 3/4-169; Ord. No. 99-19, § 3, 9-27-99)
Sec. 70-58. Depth of structures.
(a) No person shall, without written permission of the superintendent, install any substructure except manholes, vaults, valve casings, culverts, and catchbasins at a vertical distance less than:
(1) Streets. On streets, 24 inches below the established flow line of the nearest gutter. If such flow line is not established, then the depth shall be at a minimum of 24 inches below the surface of the nearest outermost edge of the traveled portion of the street.
(2) Parkways. On parkways:
a. The minimum depth of any substructure shall be 16 inches below established gutter grade when such substructure parallels the parkway.
b. The minimum depth of any substructure shall be 12 inches below the top of the established sidewalk or curb when such substructure is at right angles to the parkway.
(3) Other public places. The minimum depth of any substructure in any other public place shall be 12 inches below the surface.
(b) Nothing in this section shall impose a duty upon the permittee to maintain the specifications required in this section upon subsequent changes of grade in the surface unless the grade in such substructure interferes with the maintenance of or travel on a public street.
(Code 1976, § 9 3/4-170)
Sec. 70-59. Backfilling.
(a) Fine material, free from lumps and stone, selected from the soil shall be thoroughly compacted around and under the substructure to the upper level of such substructure. Above the upper level of the substructure, backfill material shall be placed to the subgrade of the pavement in lifts consistent with the type of soil involved and the degree of consolidations specified by the city council or superintendent. Broken pavement, large stones, roots and other debris shall not be used in the backfill.
(b) The number and size of each lift shall be dependent upon the type of soil involved. Backfilling shall be done in a manner that will permit the restoration of the surface to a density condition not less than that existing prior to excavation, unless otherwise specified. The superintendent may require soil tests to be furnished by a recognized soil testing laboratory or registered professional engineer specializing in soil mechanics when, in his opinion, backfill for any excavation is not being adequately compacted. In order for the resurfacing to be permitted, such tests must show that the backfill material meets the minimum requirements as prescribed by the city council, streets and alleys committee or superintendent. All expense of such tests shall be borne by the permittee.
(c) All sidewalk and concrete street excavations shall be patched with concrete. All other street excavations shall be patched with hot bituminous asphalt. All patching shall be at a depth required by the superintendent.
(Code 1976, § 9 3/4-171; Ord. No. 99-19, § 3, 9-27-99)
Sec. 70-60. Trenches in pipe laying.
The maximum length of open trench permissible at any time shall be in accordance with existing codes and regulations.
(Code 1976, § 9 3/4-172)
Sec. 70-61. Prompt completion of work.
After an excavation is commenced, the permittee shall prosecute with diligence and expedition all excavation work covered by the excavation permit and shall promptly complete such work and restore the street to its original condition, or as near as may be so as not to obstruct the public place or travel thereon more than is reasonably necessary.
(Code 1976, § 9 3/4-173)
Sec. 70-62. Urgent work.
When traffic conditions, the safety or convenience of the traveling public or the public interest require that the excavation work be performed as emergency work, the superintendent shall have full power to order, at the time the permit is granted, that a crew and adequate facilities be employed by the permittee 24 hours a day to the end that such excavation work may be completed as soon as possible.
(Code 1976, § 9 3/4-174)
Sec. 70-63. Emergency action.
Nothing in this article shall be construed to prevent the making of such excavations as may be necessary for the preservation of life or property, or for the location of trouble in conduit or pipe, or for making repairs, provided that the person making such excavation shall first obtain oral permission, either by phone or otherwise, from either the superintendent or the assistant superintendent. Such person shall apply for a permit on the first working day after such work is commenced.
(Code 1976, § 9 3/4-175)
Sec. 70-64. Noise, dust and debris.
Each permittee shall conduct and carry out excavation work in such a manner as to avoid unnecessary inconvenience and annoyance to the general public and occupants of neighboring property. The permittee shall take appropriate measures to reduce, to the fullest extent practicable in the performance of the excavation work, noise, dust and unsightly debris and between the hours of 10:00 p.m. of each day and 7:00 a.m. of the next day shall not use, except in case of emergency as otherwise provided in this article, any tool, appliance or equipment producing noise of sufficient volume to disturb the sleep or repose of occupants of the neighboring property.
(Code 1976, § 9 3/4-176)
Sec. 70-65. Preservation of monuments.
Any monument set for the purpose of locating or preserving the lines of any street or property subdivision or a precise survey reference point, or a permanent survey benchmark within the city, shall not be removed or disturbed or caused to be removed or disturbed without first obtaining permission in writing from the superintendent to do so. Permission to remove or disturb such monuments, reference points or benchmarks shall only be granted upon condition that the person applying for such permission shall pay all expenses incident to the proper replacement of such monument by the city.
(Code 1976, § 9 3/4-177)
Sec. 70-66. Location records.
Every public utility shall maintain records showing the location of all of its underground facilities except relatively minor facilities which connect a particular premises or building to a facility serving more than one premises or building, and except oil or gas gathering or field lines. Every public utility shall maintain equipment which can locate such facilities in the field.
(Code 1976, § 9 3/4-179)
Secs. 70-67– 70-75. Reserved.
DIVISION 2. Sec. 70-76. Required.
It shall be unlawful for any person to tunnel under or to make any excavation in any street, alley or other public place in the city without having obtained a permit as required in this article, or without complying with the provisions of this article, or in violation of or variance from the terms of any such permit. A separate permit shall be required for each excavation or tunnel.
(Code 1976, § 9 3/4-150)
Sec. 70-77. Application.
Applications for such permits shall be submitted to the city collector, and shall describe the location of the intended excavation or tunnel, the size thereof, the purpose therefor, the person doing the actual excavating work and the name of the person for whom the work is being done, and shall contain an agreement that the applicant will comply with all ordinances and laws relating to the work to be done. If approved, the permit shall be issued by the superintendent or the superintendent's designated representative.
(Code 1976, § 9 3/4-151)
Sec. 70-78. Fees.
The fee for each permit shall be $25.00, and shall be paid at the time the application is submitted to the city collector.
(Code 1976, § 9 3/4-152)
Sec. 70-79. Certificate of insurance.
No excavation permit shall be issued unless and until the applicant therefor has filed with the city collector a certificate of insurance or other proof of insurance in a minimum amount of $500,000.00 for comprehensive general liability.
(Code 1976, § 9 3/4-153)
Sec. 70-80. Deposit.
No excavation permit shall be issued unless and until the applicant therefor has deposited with the city collector a cash, money order, certified check or cashier's check deposit in the sum of:
(1) Excavation of any treated or improved street or surface . . . . $1,000.00
(2) Excavation of any untreated or unimproved street or surface . . . . 250.00
(3) Excavation of any city sidewalk . . . . 250.00
to insure the proper restoration of the ground and laying of the pavement if any. From this deposit shall be deducted the expense to the city of relaying the surface of the ground or pavement and of making the refill if this is done by the city or at its expense, and the balance shall be returned to the applicant without interest after the tunnel or excavation is completely refilled and the surface or pavement is restored.
(Code 1976, § 9 3/4-154; Ord. No. 99-19, § 5, 9-27-99)
Secs. 70-81– 70-100. Reserved.
ARTICLE III. Sec. 70-101. Sidewalks.
(a) Grade. No sidewalk shall be built above or below the established grade of the city, and in all cases where no grade is established, any person building a sidewalk shall build such sidewalk according to the instructions of the superintendent.
(b) Permission. It shall be unlawful for any person to build, lay or construct any sidewalk along any property in the city or along any of the streets, alleys or public highways thereon without first obtaining written permission from the superintendent or the superintendent's designated representative.
(c) Cost to owner. If the funds are available and the city council approves the request, the property owner shall pay the cost of the concrete and thereafter the sidewalk shall be constructed by the city. The cost of construction shall not include any engineering fees; these shall be paid by the city.
(d) Location. All sidewalks must begin or terminate at another sidewalk or at a street.
(e) Subdivisions. This section is not applicable to new subdivisions.
(Code 1976, § 9 3/4-200)
Sec. 70-102. Curbs and gutters.
(a) Requests in writing. Any person owning property within the city who desires to have new curbs and gutters constructed along the street adjoining his premises shall file a request in writing with the superintendent, giving the location of the property and the length of the curbs and gutters requested.
(b) Cost to owner. The property owner shall pay the cost of construction of the curb and gutter, and thereafter the curb and gutter will be constructed by the city. The cost of construction shall not include any engineering fees; these shall be paid by the city.
(c) Approval by city council. The approval of the request for construction of curbs and gutters by the city council shall be dependent upon the best benefit of the city as determined by the city council.
(d) Subdivisions. This section is not applicable to new subdivisions.
(Code 1976, § 9 3/4-201)
Sec. 70-103. Storm sewers.
(a) Description of stormwater sewers. Stormwater sewers shall be any pipe or sewer used for the carrying of surface drains, groundwaters, roof leaders, or stormwaters, rainwaters, or other waters other than sanitary sewage.
(b) Supervision. The superintendent shall supervise all connections made to the public storm sewer system or excavations for the purposes of installing or repairing the same.
(c) Permission. Before any connection is made to the public stormwater sewers, written permission shall be obtained from the superintendent or the superintendent's designated representative.
(d) Requirements; use of stormwater sewers. Where a stormwater sewer is accessible in a street, alley or easement to a building or premises abutting thereon, the surface drains, groundwaters, roof leaders, or stormwaters shall be discharged into the stormwater sewer unless otherwise authorized by the city. Under no conditions shall sanitary sewage or wastes or any substance other than surface waters, groundwaters, roof waters or stormwaters be permitted to flow into or be connected to the stormwater sewer, if any; and no sanitary sewer, if any, shall be connected to the stormwater sewer system.
(Code 1976, § 9 3/4-202)
Secs. 70-104– 70-125. Reserved.
ARTICLE IV. DIVISION 1. Sec. 70-126. Obstruction of drain or storm sewer.
It shall be unlawful to obstruct any drain or storm sewer, if any, in any public street or property.
(Code 1976, § 9 3/4-250)
Sec. 70-127. Culvert policy.
Upon request of the owner of a lot, the city will purchase and install a 20-linear-foot driveway culvert. Any culvert requested that exceeds 20 linear feet shall be installed by and at the expense of the lot owner. The street and alley department shall be responsible for no more than one culvert per residential home or business establishment.
(Code 1976, § 9 3/4-251)
Sec. 70-128. Type of culvert.
Culverts shall be installed where driveways or walkways cross open ditches. The material used for the construction of the culverts shall be reinforced concrete, corrugated steel culvert pipe with a minimum wall thickness of 16 gauge, corrugated aluminum alloy culvert pipe with a minimum wall thickness of 16 gauge, asbestos cement storm drain pipe (class IV), or of such other material as determined by the streets and alleys committee, depending on the conditions existing. The culverts shall be of such size, installed at the grade and constructed with couplings, as determined by the superintendent.
(Code 1976, § 9 3/4-255)
Sec. 70-129. Drainage inlet boxes.
Any person installing or replacing a culvert shall, at that person's own expense, construct and install drainage inlet boxes in such form and manner as the superintendent determines necessary depending on the conditions existing.
(Code 1976, § 9 3/4-256)
Sec. 70-130. Backfill.
Any person installing or replacing a culvert shall, at that person's own expense, provide and place such backfill material as the superintendent determines necessary to complete the project.
(Code 1976, § 9 3/4-257)
Sec. 70-131. Replacement, cost.
The city may replace any culvert not in compliance with this article. The expense of replacing any culvert shall be borne by the adjacent property owner.
(Code 1976, § 9 3/4-258)
Secs. 70-132– 70-140. Reserved.
DIVISION 2. Sec. 70-141. Required.
It shall be unlawful to install any culvert or replace any culvert without first obtaining a permit as required in this division, or without complying with the provisions of this article, or in violation of or variance from the terms of any such permit.
(Code 1976, § 9 3/4-252)
Sec. 70-142. Applications; issuance.
Applications for permits to install or replace culverts shall be submitted to the city collector and shall describe the location of the culvert to be installed or replaced, the size thereof, the purpose therefor, the name of the person for whom the work is being done, and shall contain an agreement that the applicant will comply with all ordinances and laws regulating the work to be done. The permit shall also state the person doing the actual work if the owner will be installing more than a 20-linear-foot culvert. If approved, the permit shall be issued by the superintendent or the superintendent's designated representative.
(Code 1976, § 9 3/4-253)
Sec. 70-143. Fees.
The fee for each permit shall be $25.00, and shall be paid at the time the application is submitted to the city collector. If the work also involves a driveway, only one fee shall be required under this article and article V of this chapter.
(Code 1976, § 9 3/4-254)
Secs. 70-144– 70-165. Reserved.
ARTICLE V. DIVISION 1. Sec. 70-166. Grade, surface.
No driveway shall be so constructed or graded as to leave a step, sharp depression, or other obstruction in the sidewalk. The grade shall be as nearly as possible the same as that of the adjoining sidewalk. It shall be unlawful to have the surface finish of any driveway where such driveway crosses the sidewalk constructed of such materials as to render it slippery and hazardous to pedestrians, or to have the grade of such portion vary from the grade of the sidewalk or be other than level.
(Code 1976, § 9 3/4-303)
Sec. 70-167. Specifications.
Driveways shall be constructed and maintained in compliance with the specifications required by the superintendent.
(Code 1976, § 9 3/4-304; Ord. No. 97-7, § 1, 6-9-97)
Sec. 70-168. Maintenance and repair.
Property owners having access to a city street are fully responsible for the maintenance and repair of their access facility. This maintenance responsibility includes the removal of snow and ice and the keeping of the portion of the entrance within the city right of way in good repair and free from obstruction, openings and potholes and in a safe condition for the general public.
(Code 1976, § 9 3/4-306; Ord. No. 97-7, § 2, 6-9-97)
Secs. 70-169– 70-180. Reserved.
DIVISION 2. Sec. 70-181. Required.
No person shall construct a driveway for vehicles or animals on city property without having first obtained a permit as required in this division, or without complying with the provisions of this article, or in violation of or variance from the terms of any such permit.
(Code 1976, § 9 3/4-300)
Sec. 70-182. Applications.
Applications for a permit under this division shall be submitted to the city collector and shall describe the location of the intended driveway, the size thereof, the purpose therefor, the name of the person doing the actual work and the name of the person for whom the work is being done, and shall contain an agreement that the applicant will comply with all ordinances and laws relating to the work to be done. If approved, the permit shall be issued by the superintendent or the superintendent's designated representative.
(Code 1976, § 9 3/4-301)
Sec. 70-183. Fee.
The fee for each permit shall be $25.00, and shall be paid at the time the application is submitted to the city collector. If the work also involves a culvert, only one fee shall be required under this article and article IV of this chapter.
(Code 1976, § 9 3/4-302)
Sec. 70-184. Breaking curb; bond required.
Before a permit can be issued to break a curb in the city for the installation of a driveway or any other purpose, a bond or cash in the amount of $100.00 is required to be posted with the city collector.
(Code 1976, § 9 3/4-305)
Secs. 70-185– 70-205. Reserved.
ARTICLE VI. Sec. 70-206. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Construction easement area means that area lying between the project right-of-way limits and the platted street limits within which the city, by concurrence in the establishment of the project right-of-way lines, will permit the state to enter to perform all necessary construction operations.
Encroachment means any building, fence, sign, or any other structure or object of any kind, with the exception of utilities and public road signs, which is placed, located or maintained in, on, under or over any portion of the project right-of-way or the roadway right-of-way where no project right-of-way lines have been established.
Permissible encroachment means any existing awning, marquee or sign advertising an activity on the property, or similar overhanging structure supported from a building immediately adjacent to the limits of the platted street where there is a sidewalk extending to the building line and which does not impair the free and safe flow of pedestrian traffic or traffic on the highway. The permissive retention of overhanging signs is not to be construed as being applicable to those signs supported from poles constructed outside the project right-of-way line and not confined by adjacent buildings.
Project right-of-way means those areas within the project right-of-way lines established jointly by the city and state which will be free of encroachments except as described in this article.
Roadway right-of-way means those areas existing or acquired by dedication or by fee simple for highway purposes; also, the areas acquired by temporary easement during the time the easement is in effect.
(Code 1976, § 9 3/4-350)
Cross references: Definitions generally, § 1-2.
Sec. 70-207. Applicability.
The provisions of this article shall apply to the following: Illinois Route 1 from the north corporate limits to the south corporate limits.
(Code 1976, § 9 3/4-351)
Sec. 70-208. Prohibition generally.
It shall be unlawful for any person to erect or cause to be erected, or to retain or cause to be retained, any encroachment, except as provided in section 70-210, within the limits of the project right-of-way or roadway right-of-way where no project right-of-way lines have been established.
(Code 1976, § 9 3/4-352)
Sec. 70-209. Right-of-way lines.
Project right-of-way lines have been established at the following locations: None.
(Code 1976, § 9 3/4-353)
Sec. 70-210. Revocable permits.
Revocable permits may be issued by the city for the temporary retention of permissible encroachments under the Marshall Sign Code.
(Code 1976, § 9¾-354; Ord. No. 10-3, § 41, 3-26-10)
IN GENERAL
EXCAVATIONS
GENERALLY
PERMIT
STREET IMPROVEMENTS
CULVERTS
GENERALLY
PERMIT
DRIVEWAYS
GENERALLY
PERMIT
ENCROACHMENTS ON PUBLIC RIGHT-OF-WAY