A. Prohibiting Obstacles in the Right-of-Way:
1. Prohibition: The placement of obstacles such as: rocks (except as otherwise permitted pursuant to subsection A3c of this Section, boulders, concrete, railroad ties (except as otherwise permitted pursuant to subsection A3c of this Section), trees, shrubs, landscaping materials and other similar items that inhibit snowplowing, vehicular traffic movement and the flow of water, that prohibit maintenance of the right-of-way or obstruct vision are prohibited in the Village right-of-way.
2. Right-of-Way: The right-of-way area is defined for the following type of streets:
Arterial | 100 feet minimum |
Collector | 80 feet minimum |
Major | 66 feet minimum |
Minor | 66 feet minimum |
Cul de Sac | 66 feet minimum |
Business | 66 feet minimum |
3. Exceptions: The following exceptions will apply:
a. Placement of Mailboxes: The placement of mailboxes in accordance with post office regulations and traffic and street name signs, and
b. Construction of Head Wall: The use of materials in subsection A1 above for the construction of a head wall for a driveway culvert; provided, that said head wall is four feet (4') from the edge of the roadway pavement, and no greater than one foot (1') above the driveway pavement.
c. Improvement of Ditch Line:
(1) The ditch line may be improved so as to provide for a stone lined ditch; provided, however, that such improvement shall be in accordance with and subject to the standards, specifications and conditions set forth in the village "Stone Lined Ditch Construction" standards revised through November 11, 1993.
(2) (A) The applicant shall file a building permit application, a plan review fee, and improvement plans with the village prior to commencement of work. Said plans shall be drawn to scale and shall include plan and profile of improvements, type and size of stone, grades, slopes and typical section(s) showing existing and proposed ditch line. The village engineer shall review said plans and shall issue a building permit if said plans conform with the standards of this subsection A3c.
(B) There will be no building permit fee charged in the first year after the adoption of this subsection.
(C) Prior to the issuance of a building permit, the applicant shall file a refundable bond with the village so as to permit work within the village right of way. Said bond will be refunded to the applicant upon completion of the final inspection of the project by the village engineer.
(D) Two (2) inspections by the village engineer will be required as a part of the ditch line improvement. The first inspection will occur after the excavation of the ditch line but prior to the placement of any stone. The second inspection will occur after the project is completed and all right of way restoration is completed.
(E) The amount of all fees and bonds shall be as provided for by ordinance of the village. All inspection fees shall be paid prior to the refund of any bond held by the village. (Ord. 592-94, 2-14-1994)
(F) Notwithstanding anything to the contrary, at the time of filing an application for ditch line construction under this section, the applicant shall be obliged to and shall submit an executed draw down deposit agreement in the form approved by the village to cover fees and costs attributable to the applicant. A sample of said agreement is set forth in section 11-1-2 of this code. (Ord. 1167-06, 5-15-2006; amd. Ord. 1352-10, 11-15-2010)
4. Enforcement: Obstacles as stated in subsection A1 of this section placed in the right of way prior to the effective date hereof shall be permitted in the right of way so long as they do not create a public safety problem or hazard. The village engineer is hereby charged with the duty to determine the hazard or endangerment of such obstacles. If the village engineer determines that an obstacle(s) in the right of way creates an endangerment or hazard to public safety, the village engineer shall notify the property owner by certified mail (return receipt requested) that said obstacle shall be removed within thirty (30) days from the date of the letter. If the property owner fails to remove said obstacle, the village engineer or designated employee of the village has the authority to remove said obstacle. (Ord. 417-88, 12-13-1988; amd. Ord. 592-94, 2-14-1994; 1995 Code)
B. Parking, Depositing And Storing Property: No person shall park, deposit, leave or store any motor vehicle or tangible personal property of any type or description at any time between the sidewalk line and curb line at any place within the village.
C. Penalty: Any person who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this section shall, upon conviction, be subject to penalty as provided in section 1-4-1 of this code for each offense. Each day that a violation is permitted to exist after notification thereof shall constitute a separate offense. (Ord. 417-88, 12-13-1988; amd. 1995 Code)