In multi-family residential and commercial developments, walls, footings, fences, and encroachments are not permitted within the right of way. In general, in new residential subdivisions, walls, footings, fences and encroachments shall not be permitted in the right of way.
In existing, mostly developed subdivisions, walls, footings, fences, and encroachments are discouraged but may be placed within the right of way if approved by the village public works director. Any encroachment must be applied for from the village public works director with an encroachment agreement, approved by the village council and then executed on behalf of the village by the village public works director. This encroachment agreement shall generally follow the village format. The encroachment agreement provides that the applicant must remove the wall, footing or fence within a specific time (normally 72 hours) upon notification by the village, and makes the applicant responsible for indemnifying the village from any negligent actions by the applicant. There is a fee of twenty five dollars ($25.00) for recording the contract.
Walls or fences over three feet (3') in height will not be approved within the right of way if the wall or fence will be less than nine feet (9') from face of curb on local streets and less than ten feet (10') from face of curb on arterial and collector streets. All walls or fences over three feet (3') in height and within the right of way must be field checked by the village public works director prior to approval. Any walls or fences which are within the clear sight triangle are restricted to a height of three feet (3') measured from the flow line of the gutter. (Ord. 2007-06, 8-14-2007)