1026.01 CONSTRUCTION AND REPAIR.
   (a)   Compliance. All sidewalks hereafter constructed or repaired on or along any street within the City, whether pursuant to any special ordinance or otherwise, shall, unless otherwise provided by special ordinance, be constructed or repaired as herein provided.
   (b)   PROWAG Compliance. All sidewalks shall conform to current Public Right-of-Way Accessibility Guidelines (PROWAG) standards as published from time to time by the U.S. Access Board.
   (c)   Permit Required. No person shall construct or repair a sidewalk except in strict accordance with the terms of this chapter and a validly issued permit obtained from the Department of Public Works authorizing such work or repair.
   (d)   Construction and Design Standards.
      (1)   Thickness: All sidewalks shall be a minimum of five inches (5") thick. Sidewalks at driveway locations shall be thickened to seven inches (7") thick with a minimum thickness of six inches (6"), or as determined by the Public Works Director.
      (2)   Width: Sidewalks shall not be less than five feet (5') in width; sidewalks in high traffic areas, including the commercial, and downtown business districts, may require a six foot (6') width or greater, as determined by the Public Works Director.
      (3)   Subgrade: Sidewalk subgrade material shall be six inches (6") thick and free of debris, organic material, plastic clays, and other material prone to freeze-thaw damage. Subgrade material shall be compacted per IDOT standards to prevent settling under the traffic of building materials delivery vehicles.
      (4)   Location: Sidewalks shall be located on both sides of the street within the right-of-way. There is to be a minimum one foot space between the outside edge of the sidewalk and the right-of-way/property line. If excessive distance is between street crossings, mid-block sidewalks shall be located as required by the Director of Public Works.
      (5)   Access for developments where normal street configuration does not provide adequate pedestrian access to schools, parks, commercial centers, or other pedestrian traffic generators, alternate pedestrian access ways shall be provided within a dedicated public right-of-way.
      (6)   Sidewalk ramps: Whenever a sidewalk repair or replacement is made between the intersection of the sidewalk and the street intersection curb (where no ramp/curb opening exists), such curb shall also be removed and a sidewalk ramp installed.
      (7)   Minimum geometry requirements: Sidewalk geometry shall comply with requirements of this chapter, State of Illinois requirements, and PROWAG requirements. Minimum geometry requirements shall include but not be limited to the following:
         A.   Recommended grade (longitudinal slope) is five percent (5.00%) (5/8 in. per ft.) not to exceed 8% (1 in. per ft.) with a landing on top. On streets steeper than 8.3%, running slope grades can be used on the sidewalk, as determined by the Public Works Director. Landings shall be provided at regular intervals as per the current PROWAG guidelines.
         B.   Cross slope (transverse slope) standard shall be one percent (1.00%) (1/8 in. per ft.) downward in the direction of the back of curb. In no case shall the sidewalk cross slope be more than two percent (2.00%).
         C.   Ramps: Accessible ramps shall be provided at all necessary locations per IDOT and PROWAG requirements. Minimum face to face of curb width on sidewalk ramps shall be five (5) feet.
         D.   Landings: 5'X5' turning space at certain intersections that does not exceed 2% in any direction.
      (8)   Material requirements: Sidewalks shall be constructed of Portland Cement Concrete (PCC) from an IDOT approved plant using IDOT approved mix design and material. Alternative sidewalk pavement materials that provide stormwater benefits, such as porous concrete, may be approved by the Public Works Director on a case by case basis.
      (9)   Construction requirements: Sidewalks shall be constructed per the following minimum standards:
         A.   Forms: Steel forms shall be used. Lumber forms may be used when constructing sidewalk ramps, curved pavement, or small projects. However, in no case shall sidewalk be less than four inches (4") inches thick.
         B.   Expansion joints: Expansion joints, 3/4 inch (3/4") thickness, should be placed only at junctions of pavement and sidewalk, 100' of sidewalk, and at the intersection of sidewalks.
         C.   Detectable warnings: Only approved truncated dome detectable warning panels are allowed. Transverse grooving, diamond impressions and other designs are not allowed.
         D.   Constructed width: When constructing sidewalk ramps, the minimum sidewalk is five feet (5'). Sidewalk ramp curbs shall be installed such that the five foot (5') width minimum is not compromised, i.e. the five foot (5') width shall be maintained throughout–face to face of sidewalk curbs, as determined by the Public Works Director.
      (10)   Timing: Sidewalks should be constructed prior to occupancy of buildings/ subdivision. Forms shall be stripped in accordance with the IDOT standard specification and the sidewalk shall be backfilled immediately after the forms are stripped.
      (11)   Inspection and testing: All inspecting and testing procedures shall be followed as stated in the Illinois Department of Transportation Construction Manual.
   (e)   Storage and Removal of Material. Material used in construction shall not be stored within ten feet of any fire hydrant. All unused material and all dirt and rubbish remaining after completion of the walk, shall be immediately removed.
   (f)   Construction by Special Ordinance.
      (1)   Generally. For particular construction or repair, the owners of land abutting the street dedication or right of way upon which a sidewalk is to be constructed or repaired may be required to construct or repair such sidewalk by special ordinance. Such special ordinance may incorporate this section by reference, with the same effect as though set forth at length in such special ordinance.
      (2)   Procedure for particular construction or repair. The owners described in paragraph (f)(1) hereof shall construct or repair the particular sidewalk within thirty days after the mailing of notice. In default thereof, the City may construct or repair such sidewalk and charge the cost thereof to the defaulting owners, or the City may bring suit against the owners in any court of competent jurisdiction and obtain a mandatory injunction requiring them to construct or repair the particular sidewalk.
      (3)   Notice. The Public Works Director shall mail a notice of the passage of the special ordinance, addressed to the person who last paid the general taxes on each respective lot or parcel of land. An affidavit of such service shall be made and filed in the office of the Public Works Director and shall be prima-facie evidence.
   (g)   Responsibility for Costs. Each owner shall be liable for the cost of the portion or footage of the sidewalk located upon land touching upon, or along, his or her land only, and for no other portion of the sidewalk project provided for in such ordinance, even though it may be found and determined that the sidewalks therein provided for are so connected, or otherwise related, as to constitute a single system of improvement.
   (h)   Special Taxation. If the owner, after construction or repair of the sidewalk by the City, fails to pay the cost of such construction or repair forthwith, the Public Works Director, and other officials of the City, shall proceed immediately to collect the cost of such construction or repair from such owner by special taxation, by taking the various actions, procedures and steps for collection provided in 65 ILCS 5/11-84-1 et seq., as amended, all pertinent and applicable provisions of such statute being hereby considered a part of this section and being hereby specifically incorporated therein by reference.
   (i)   Duties of Public Works Director and City Clerk. The Public Works Director is hereby designated as the officer to take charge of the construction or repair of the sidewalk and to prepare a special tax list, and the City Clerk is hereby designated as the officer to collect the special tax, all in accordance with 65 ILCS 5/11-84-3, as amended.
   (j)   Awarding of Contracts. Contracts for construction or repair shall be let in accordance with the provisions of 65 ILCS 5/11-84-7, as amended.
   (k)   Nonconforming Construction.
      (1)   Whenever any sidewalk shall be constructed in the City in violation of, or contrary to, any of the provisions contained in this section, it shall be the duty of the Public Works Director forthwith to notify, in writing, the owner of the property abutting upon such sidewalk, or the person last paying the general taxes on such property, to change, rebuild or reconstruct such walk to conform to this section.
      (2)   If such owner or person shall fail, refuse or neglect to comply with the requirements of such notice, the City may proceed, by special ordinance, with the construction of such walk in accordance with the provisions and specifications herein contained in place of the walk so built in violation of this section.
   (l)   Declaration of Nuisance. Any sidewalk constructed contrary to this section is hereby declared to be a nuisance, and the Public Works Director is hereby authorized to remove or take up the same.
(1977 Code §§60-101 to 60-105, 60-107 to 60-115; Ord. 78-54. Passed 7-17-78; Ord. 94-80. Passed 9-19-94; Ord. 2022-35. Passed 8-1-22.)