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(A) Within a time designated by the Village Manager and not less than 120 days following written notice from the village, the permit holder or other person that owns the facility or related appurtenances shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position or location of any facilities or related appurtenances within the public ways whenever the village shall have determined that such removal, relocation, change or alteration is reasonably necessary for the following reasons:
(1) The construction, repair, maintenance or installation of any village or other public improvement in, on or above the public ways;
(2) The operations of the village or other governmental entity in, on or above the public ways;
(3) The permit holder or owner has discontinued operations of, or has abandoned the facility and/or appurtenances.
(B) If the permit holder or owner fails to remove, relocate, change or alter the facility and/or appurtenances within the time designated, the village may, at its option, either have such relocation, removal, change or alteration performed and invoice the permit holder or owner for the costs to the village to do so, or invoice the permit holder or owner for increased costs incurred by the village resulting from such failure.
(Ord. 2007-03, passed 4-9-07)
Where, because of a leak in a water or gas main, a break in an electric duct, or some other serious accident, the public safety requires immediate action, any excavation work may proceed without seeking a permit, but the permit shall be obtained at the earliest reasonable time following the accident.
(Ord. 2007-03, passed 4-9-07)
The fee required by § 97.05 shall be waived if the work activity in the right-of-way is the result of a request by the village for the owner of a facility or appurtenances located in the right-of-way to relocate or remove the facility or related appurtenances, unless such facility or related appurtenances are no longer in use, are not authorized or have been abandoned.
(Ord. 2007-03, passed 4-9-07)
Before a construction permit is issued, the person seeking the permit must present to the village evidence that the owner and the person to be performing the work activity in the right-of-way are covered by comprehensive general liability insurance with limits of not less than $1,000,000 for bodily injury, death or property damage, or such additional amounts as prescribed by the Village Manager, that such insurance shall name the village as a co-insured party, shall be in a form prescribed by the Village Engineer, and providing that such insurance will remain in full force and effect until the work activity is completed.
(Ord. 2007-03, passed 4-9-07)
(A) That all guardrails will be wood posts with galvanized metal cable systems.
(B) That native limestone rocks set in cement mortar shall be used on all culvert headwalls, bridge abutments, retaining walls of any type and any and all structures.
(C) That native limestone shall be used to line all culverts that are subject to erosion, and the rock shall be laid with no mortar and overlap like shingles on a roof. The rock shall be placed on the sides and bottom of the culverts or swales as required to handle typical water flows in ordinary storms.
(D) That all traffic signs and signs of any type shall be consolidated so there are an absolute minimum amount of posts or poles. Whenever possible, signs will be placed on existing electric or telephone utility poles.
(E) That concrete turf block shall be utilized on shoulder areas where cars routinely park. Vertical plastic marking posts will be eliminated.
(F) That black smooth-bore corrugated pipe shall be utilized for water transmission under driveways, etc. The village staff will ensure that this pipe is only used in locations where vehicle loads and water flow do not exceed design limitations for the piping.
(Res. 2007-08, passed 5-14-07)
(A) Any person as defined herein who violates, disobeys, omits, neglects, or refuses to comply with any provisions of this chapter shall be guilty of a minor misdemeanor and fined not more than $150 for each offense or violation. Each and every day that a violation continues shall constitute a separate offense.
(B) Nothing herein shall prevent the village from taking such other lawful action as is necessary to prevent or remedy any violation.
(Ord. 2007-03, passed 4-9-07)