The Village reserves the right to relocate or remove (or require the owner to relocate or remove) any landscaping or other improvements on such owner's lot that are located within water, storm and/or sanitary sewer easements granted to the Village, when deemed necessary or useful by the Village to perform maintenance, repair and replacements of the utility facilities located in such easements, including 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 landscaping, trees, structures and other improvements. Before proceeding with the removal or relocation of improvements impeding its operations, the Village shall notify and give the owner a reasonable opportunity, 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, to protect such of the owner's improvements as may safely be removed or relocated. After performing any maintenance, repair and replacements of the utility facilities located in such easements, the Village shall repair and restore the surface of the easement area as follows: a) if the easement area is located in the street easement and right-of-way along the frontage of such owner's lot, including a private road easement area, the Village's restoration duties shall be governed by the rules pertaining to street easements set forth in section 6-1-5 of this Code; and b) if the easement area is located elsewhere on such owner's lot, the Village shall provide seeding and/or sodding of the area for establishing or re-establishing grass turf, but the Village shall not be required to replant, and shall have no duty to reimburse such owner for the costs of relocating or replacing, the mature vegetation, trees, ponds, structures and other owner improvements that were located in the utility easement.
(Ord. 2017-01, 4-10-2017)