The village reserves the right to relocate or remove any improvements placed by an owner (including concrete markers or other material placed in parkways by permit pursuant to section 6-1-3 of this chapter) within the street rights of way (including private street easements) and parkways along the frontage of such owner's lot when deemed necessary or desirable by the village to perform utility or street operations, including, but not limited to, all snowplowing, repairs, maintenance, directional underground drilling, trenching, repaving or replacements, whether performed by the village or its agents or contractors. In the exercise of the foregoing powers, the village shall have the right to relocate or remove improvements such as custom mailboxes, fences, driveway entrance and lighting features, sprinkler or irrigation systems or driveway materials of whatever kind or nature including, but not by limitation, asphalt, gravel, colored stone, stamped, colored or exposed aggregate concrete or asphalt, or specialty material pavers. Before proceeding with the removal or relocation of improvements impeding its operations, the village shall notify and give the owner a reasonable opportunity to protect such of its improvements as may safely be removed or relocated, except in cases of emergency when any delay will exacerbate the situation giving rise to the need to remove or relocate the improvements, or when the health or safety of the village residents is in issue. If any damage to the owner's driveway improvements shall occur as a result of the village's operations, the village: a) shall repair and restore the owner's driveway using standard asphalt materials or standard finished concrete as needed to restore a structural condition equal to or better than the condition that existed before the village's operations or b) if the owner makes a written request prior to commencement of the restoration project releasing the village from the obligation to complete restoration, the village shall reimburse the owner for an amount equal to the cost savings (based on unit prices if the village entered into a unit price contract) realized by the village in not restoring the driveway, and the owner, after obtaining all required permits, shall proceed with the driveway restoration under its own direction and at its own cost, using materials of its choosing. All costs incurred by any owner in restoring or replacing any other improvements removed by the village pursuant to this section shall be borne solely by such owner; provided, however, that the village reserves the right to reimburse an owner for the replacement costs of any removed improvement, including, but not by limitation, a standard mailbox as determined by the village if an owner's mailbox is damaged by the village during snowplowing operations. (Ord. 4/13, 4-13-2009)