TITLE 7
PUBLIC WAYS AND PROPERTY
CHAPTER 1
STREETS AND SIDEWALKS
SECTION:
7-1-1: Construction Or Repair
7-1-2: Specifications For Public Improvements
7-1-3: Excavations
7-1-4: Curb Cuts And Driveways
7-1-5: Duty Of Abutting Property Owners
7-1-6: Defects Reported
7-1-7: Barricades
7-1-8: Prohibited Acts And Conditions
7-1-1: CONSTRUCTION OR REPAIR:
   A.   Permit Required: It shall be unlawful to construct or lay any pavement on any public street, sidewalk, alley or other public way; or to repair the same without having first secured a permit therefor. Applications for permits shall be made to the commissioner of streets and public improvements, and shall state the location of the intended pavement or repair, the extent thereof, and the person who is to do the actual construction work.
   B.   Bond: Each applicant for a permit to construct, repair or lay any pavement on any street, alley or other public way, shall file a bond, with sureties, to be approved by the commissioner of streets and public improvements, in the amount of ten thousand dollars ($10,000.00), conditioned to indemnify the village for any loss or damage resulting from the work undertaken, or the manner of doing the same. (Ord. O-36-04, 9-13-2004)
7-1-2: SPECIFICATIONS FOR PUBLIC IMPROVEMENTS:
All public improvements shall meet the specifications and details as contained in the publications entitled:
   A.   "Standard Specifications For Water And Sewer Main Construction In Illinois", fifth edition, dated May, 1996, and all revisions thereto as published by the Illinois Society of Professional Engineers;
   B.   "Standard Specifications For Road And Bridge Construction", dated January 1, 1997, and "Supplemental Specifications And Recurring Special Provisions", dated January 1, 1998, as published by the Illinois department of transportation; and
   C.   "Manual Of Procedures For The Administration Of The Sewer Permit Ordinance Of The Metropolitan Water Reclamation District Of Greater Chicago", adopted April 7, 1994, and as a supplement thereto.
   D.   "Specification And Details For The Design And Construction Of Public Improvements Within The Village Of Forest Park, Illinois", as prepared by Edwin Hancock Engineering Company, effective January 1, 1998, with the following modifications:
      1.   Division I, section 100.01: delete all references to "vitrified clay pipe".
      2.   Division I, section 101.02: delete all references to "vitrified clay pipe".
      3.   Division II, section 100.01: delete all references to "vitrified clay pipe".
      4.   That pages "1 of 2" and "2 of 2" of said manual be corrected to reflect the publications as listed above.
      5.   That pages "1 of 2" and "2 of 2" of said manual be corrected to reflect the publications as listed above.
The fee for the distribution copies shall be one hundred dollars ($100.00) each. (Ord. O-6-98, 2-9-1998)
7-1-3: EXCAVATIONS:
   A.   Permits Required; Fees: It shall be unlawful for any person to make any excavation in any street, alley or other public place in the village, or to tunnel under any street, alley or public place in the village, without first having obtained a permit as provided herein. Applications for such excavations and/or tunneling shall be filed with the director of public health and safety, and shall contain the location of the proposed excavation, size thereof, the purpose, and the name of the person or organization doing the actual work, together with the name of the person and/or organization for whom the work is to be done. The permit shall be reviewed and approved (or disapproved) by the director of public health and safety after consultation with the commissioner of streets and public improvements, or his/her designee as applicable. All such excavations and openings in pavement surfaces and/or landscaped and/or paved parkways shall be done at the cost of the applicant. (Ord. O-36-04, 9-13-2004; amd. Ord. O-7-10, 2-8-2010)
The fee for such permits, to be paid before the start of work, shall be as follows:
 
Alley opening
$200.00
Parkway opening
400.00
Street opening
500.00
 
   (Ord. O-36-04, 9-13-2004)
   B.   Exemptions: This section shall not apply to officers or employees of the village engaged in doing work for the village; nor shall it apply to persons doing work by contract with the village. (Village code § 6-28)
   C.   Bond: No permit shall issue until the applicant has filed, with the village, a bond with sufficient sureties in the sum of five thousand dollars ($5,000.00), conditioned to indemnify the village for any loss, liability or damage that may result from the construction and maintenance of said excavation. (Village code § 6-29)
   D.   Restoration: Any person making any excavation or tunnel in or under any public street, alley or other public place in the village shall restore the surface thereof to its original condition. Said restoration shall be under the supervision of the commissioner of streets and public improvements, and shall be approved by said commissioner. (Ord. O-36-04, 9-13-2004)
7-1-4: CURB CUTS AND DRIVEWAYS:
   A.   Definitions:
   CURB CUT: A reduction in the height of a public roadway curb that is authorized to provide smooth access between a public roadway and a private driveway.
   DRIVEWAY: A paved surface constructed at grade in the public street right of way, between the curb and the property line, which provides access to off street parking facilities.
   B.   Purpose And Intent: It is generally recognized that provisions must be made for the access of vehicles to private property. Furthermore, it is the intent of the village that residential lots improved with single-family dwellings, two-family dwellings, or three-family dwellings (which lots may or may not also have located thereon a "coach house") that have access to a rear alley, shall use only the rear alley for vehicular access to parking or garage space. In all other instances when driveways are necessary, it is the intent of the village to allow driveways only when they will not interfere with the rights of the public in the adjacent street, or interfere with automotive traffic, or eliminate on street parking.
   C.   Permitted Curb Cuts And Driveways: Upon review and approval of permit applications in compliance with this section, the director of public health and safety is authorized to approve curb cut and driveway permits only in the following instances:
      1.   Any project that received site plan approval by the village council, as authorized by section 9-7-1 of this code.
      2.   Any project that received approval of a planned development as authorized by the village council pursuant to subsection 9-6-5D of this code.
      3.   Interior residential lots not adjoining an alley, when in compliance with the provisions of this chapter and this code.
      4.   Corner residential lots, if in the opinion of the director of public health and safety, access from an adjoining alley is not reasonably available, and when in compliance with the provisions of this section.
      5.   Lots that have nonconforming curb cuts and driveways as of the effective date hereof, when they are necessary to continue to serve an existing garage or surface parking area, and when in compliance with the provisions of this section.
      6.   Any project not in compliance with this section that received approval by the council pursuant to the appeal procedure of subsection J of this section.
   D.   Permits:
      1.   Permit Required: No person shall hereafter alter, construct, build or establish any curb cut or driveway over, across or upon any public street or parkway that is not in compliance with the requirements of this section, without securing a permit for such purpose issued by the director of public health and safety.
      2.   Application For Permit: Application for a permit for a curb cut or driveway shall be filed with the director of public health and safety on the form required by the village, and shall contain all of the information required thereon. The applicant shall also submit plans and specifications for such driveway.
      3.   Fees:
         a.   Permit Fee: The fee for curb cut and driveway permits shall be calculated in accordance with subsection 8-2-3A, new construction, or 8-2-3B, repairs and alterations, of this code, for one- and two-family dwellings accordingly.
         b.   Annual Fees: For all curb cuts and driveways now or hereafter maintained, except those used exclusively for religious, charitable, educational or residential purposes, an annual fee as follows shall be paid each year:
 
For first 16 feet in width, or fraction thereof
$5.00
For each additional 16 feet in width, or fraction thereof
$1.00
 
      4.   Bond: Before any permit for a curb cut or driveway shall be issued, except those used exclusively for religious, charitable, educational or residential purposes, the applicant shall file with the village an acceptable surety bond in favor of the village in the penal sum of ten thousand dollars ($10,000.00) conditioned upon the faithful observance of the terms and conditions of said permit; and conditioned further to indemnify the village against all liabilities, actions, causes of actions and expenses assessed against the village for and on account of such driveway for any reason whatsoever. This bond shall be kept in force throughout the life of said permit for said curb cut or driveway. If, at any time, said bond shall be null and void, then said permit shall cease.
      5.   Revocation Of Permits: All permits for curb cuts and driveways, granted pursuant to the provisions of this section shall provide that they may be revoked at any time without the consent of the grantee, by order of the village council. Upon such revocation, all rights granted thereunder shall cease, and the sidewalk space, parkways and curbs shall be restored to their former condition, all at the expense of the owner of the property served by the driveway of the time of such revocation.
   E.   Supervision: All curb cuts and driveways shall be installed under the supervision of the director of public health and safety.
   F.   Grades And Curbs: Unless otherwise expressly authorized by the terms of the written permit hereinbefore required, every driveway built across or upon any sidewalk space or parkway shall conform to the existing sidewalk grade. Where it shall be necessary, in the construction of any driveway, to break the existing curb for the driveway opening, the curb and gutter shall be completely removed and a new driveway section constructed.
Each such driveway shall be constructed and maintained so as to permit free and unobstructed passage on, over or across the same, and in such manner as not to interfere with the proper drainage and safe grading of streets. Gradual approaches to the regular sidewalk grade shall be made from the grade of the driveway. The slope of any driveway, and the approaches thereto, shall not exceed one inch to the foot (1" = 1') in any direction. Each such driveway shall be so constructed and maintained that its surface, at the point of crossing any sidewalk, shall be flush with the adjoining sections of such sidewalk.
   G.   Construction Requirements:
      1.   Except as authorized by the village council for projects that received site plan or planned development approval, the minimum width of any driveway shall be eight feet (8') and the maximum width shall be twenty feet (20'), as measured at the property line.
      2.   Driveways must provide access to a permitted parking structure or hard surface parking area located on private property. No driveway shall be permitted for the sole purpose of allowing vehicles to park on the public right of way.
      3.   Only one curb cut and driveway shall be permitted on a lot.
      4.   Residential driveways shall have curb radii not less than two feet (2').
      5.   No driveway shall be located so as to interfere with intersecting sidewalks, traffic signals, lampposts, fire hydrants or other improvements located in the public right of way, either existing, or proposed, unless the improvements can be relocated to the satisfaction of the director of public health and safety at the sole expense of the permit applicant.
   H.   Repairs And Maintenance: Every person maintaining any driveway in the village shall keep the same in good condition and repair, free and clear of snow, ice, stone, gravel and other obstructions of any kind.
   I.   Curb Cut And Driveway Removal: The director of public health and safety may authorize the removal of any unpermitted curb cut and/or driveway that does not serve an existing parking structure or hard surface parking space located on private property, or that interferes with the rights of the public in the adjacent street, or unreasonably interferes with automotive traffic, or eliminates on street parking.
   J.   Appeals:
      1.   In cases where the applicant has been denied a permit by the director of public health and safety, and the applicant can demonstrate that practical difficulties exist or unnecessary hardships will result from strict application of the provisions of this section, the applicant may appeal to the village council, as provided hereinafter.
      2.   Such an appeal shall be made in writing to the village council by filing a written notice of such appeal with the village clerk, which notice shall set forth specific grounds for seeking a reversal of the decision of the director of public health and safety. Such notice must be filed within fourteen (14) days after the date of such written notice of denial by the director of public health and safety. The village clerk shall forthwith set the matter for a hearing before the village council and shall cause written notice thereof to be provided to the applicant not less than five (5) days prior to such hearing, such notice to be considered delivered as of the date of mailing such notice to the applicant at the address provided on the application for permit. At such hearing, the applicant shall bear the burden to show cause, on the grounds specified in the written notice of appeal, why the decision of the director of public health and safety should not be upheld.
      3.   The village council may, by ordinance, vary the mandatory provisions of this section, or modify or reverse the decision of the director of public health and safety in any case that the purpose and intent, as set forth in subsection B of this section, can be advanced. The village council may continue such hearing from time to time, and its finding on the appeal shall be final and conclusive. (Ord. O-29-09, 4-13-2009)
7-1-5: DUTY OF ABUTTING PROPERTY OWNERS:
The abutting owners of sidewalks shall, at all times, keep the same in good repair at their own expense. (Village code § 6-6)
7-1-6: DEFECTS REPORTED:
It shall be the duty of every village officer or employee, upon becoming aware of any defect in any street, alley or sidewalk, or of any obstruction thereof, to report the same to the commissioner of streets and public improvements as soon as possible. (Ord. O-36-04, 9-13-2004)
7-1-7: BARRICADES:
   A.   Any person laying or repairing any pavement on any street, sidewalk or other public way, or making any excavation in the same, shall maintain suitable barricades to prevent injury to any person or vehicle. Such barricades shall be protected by suitable lights at night.
Any defect in any pavement shall be barricaded to prevent injury, and any person maintaining any opening or excavation shall guard the same by proper barricades and lights when such opening or excavation shall remain open. (Village code § 6-9)
   B.   It shall be unlawful to disturb or interfere with a barricade or light, lawfully placed to protect new pavement, excavation or opening in any public street, alley, sidewalk or public way. (Village code § 6-10)
7-1-8: PROHIBITED ACTS AND CONDITIONS:
   A.   Injury To Pavement: It shall be unlawful to walk upon, or drive any vehicle or animal upon, or injure any newly laid street or alley pavement while the same is protected by a warning sign or barricade; or to knowingly injure any street, sidewalk or alley pavement. (Village code § 6-5)
   B.   Obstructions: It shall be unlawful for any person to cause, create or maintain any obstruction of any street, alley, sidewalk or other public way, except as may be specifically authorized by the commissioner of streets and public improvements or the village council. (Ord. O-36-04, 9-13-2004)
   C.   Burning: It shall be unlawful for any person to burn any leaves, paper, rubbish or other substance upon a public street, sidewalk or alley. (Village code § 6-15)