Except otherwise provided, no person shall cause, create, or maintain any obstruction, encroachment, or disruption of any village rights-of-way without a permit or approval from the village. The village is not responsible for repair or replacement of any obstructions, disruptions or encroachments located in public rights-of-way.
(A) Signage. Placement of signage, other than government placed signage including wayfinding signage, is prohibited on public rights-of-way except where permitted by Chapter 152.
(B). Barriers. Construction or maintenance of structures, fences, posts, barriers, or other decorative or preventative materials is prohibited on public rights-of-way.
(C) Personal property. The presence of unattended personal property in the right-of-way shall be prohibited.
(1) This includes but is not limited to the placement of the following on public rights-of-way:
(a) Permanent or portable basketball hoops, soccer goals, or other sports equipment;
(b) Driveway approach ramps;
(c) Boulders, rocks, and other hazardous landscaping material;
(d) Mailboxes that do not meet standards required by the United States Postal Service (USPS) and as outlined herein;
(e) The construction or placement of personal utility service lines that do not meet the standards outlined herein;
(f) Objects that obstruct the flow of stormwater runoff;
(g) Objects that create a hazard for the traveling public.
(2) Except otherwise authorized by this code, no person shall use any rights-of-way for the placement or storage of unattended personal property unless such person has obtained a permit pursuant to this code. Unauthorized unattended personal property on the rights-of-way shall be presumed abandoned and may be removed, disposed of or salvaged by the village.
(3) If the unattended personal property belongs to the property owner, tenant, or former tenant, of the real estate immediately adjacent to the location of the unattended personal property, the owner of such adjacent real estate shall, upon notice from the village, cause prompt removal of the unattended personal property and upon failure to do in the time frame indicated in the village notice, the village may remove the unattended personal property and file a lien for the reasonable costs of the removal.
(D) Lawn sprinkler/irrigation systems. Any construction, maintenance, and/or marking of personal lawn sprinkler or irrigation systems installed within or below the public rights-of-way is the sole responsibility of the owner of the property outside of the public right-of-way for which the personal lawn sprinkler or irrigation system serves.
(1) Any damage caused to the public right-of-way or public infrastructure by the placement of a personal lawn sprinkler or irrigation system will be the sole responsibility of the owner to pay for the cost to repair the damage.
(2) The irrigation system owner is responsible for properly marking the system prior to construction work within the right-of-way. Any irrigation system that interferes with existing or proposed work within public right-of-way must be relocated as to not interfere. Relocation of interfering irrigation systems will be the sole responsibility and cost of the system owner.
(3) The village and any other entity authorized to do work within the right-of-way is not responsible for any damages done to or costs associated with any irrigation system that interferes with work within the public right-of-way.
(E) Fences. The construction of personal property fences including electronic fences on, or below public rights-of-way is prohibited.
(F) Street trees, grass, landscaping, and other vegetation.
(1) Street trees. Any person that desires to plant tree(s) within the right-of-way must first obtain a permit from the village prior to planting. Any tree planted must comply with provisions within Chapter 94.
(2) Maintenance of street trees, grass, landscaping, and other vegetation. In accordance with Chapters 93 and 94, plants, weeds, and trees within the right-of-way must be maintained by the adjacent property owner.
(a) It is the responsibility of the adjacent property owner to maintain grass, trees, bushes, flowers, or other ornamental plants within the public right-of-way.
(b) Plantings within the right-of-way shall not interfere with the visibility triangle for any roadway intersection. Any planting that interferes with the visibility at any intersection is hereby declared to be a nuisance.
(c) It shall be unlawful for anyone to permit any weed, grass, or plant, other than trees, bushes, flowers, or other ornamental plant, to grow to a height exceeding 12 inches anywhere in the right-of-way. Any plant or weed exceeding this height is hereby declared to be a nuisance.
(d) Mowing discharge from maintenance activities must be removed from sidewalks and streets in compliance with applicable Illinois State Laws and the Litter Control Act (ILCS Ch. 415, Act 105).
(e) Any tree or vegetation planted on private property and/or within the public right-of-way that encroaches or hangs over into the public right-of-way and interferes with a sidewalk or street is the responsibility of the adjacent property owner or the private property owner for where the offending vegetation is located to trim the vegetation back to provide an appropriate clearance next to and above the effected public infrastructure.
(f) It is the responsibility of the adjacent property owner to remove or cut back any vegetation growing within the sidewalk joints or encroaching along sidewalk edges.
(g) It shall be unlawful to spray, inject, or pour any chemicals on or near any trees, shrubs, grass or other vegetation in the right-of-way for the purpose of killing plantings to avoid maintenance responsibilities.
(G) Landscape waste and debris.
(1) Landscape waste and debris may only be placed in the right-of-way in accordance with the Village Landscape Waste Collection Programs outlined in Chapter 50.
(2) Placement of grass clipping debris, tree limbs and similar landscape waste on the public right-of-way, sidewalk, roadway, ditch, or other public facility when not in compliance with Village Landscape Waste Collection Programs shall be declared a public nuisance. Abatement measures shall follow the required actions outlined in Chapter 93.
(H) Sidewalk snow removal. Snow removal for sidewalks within the public right-of-way shall be the responsibility of the owner of the property adjacent to the sidewalk.
(I) Parking. Standing or parking a private vehicle in the public right-of-way, whether occupied or not, except momentarily to load or unload passengers shall be prohibited in the following locations:
(1) On a sidewalk;
(2) Within 15 feet of a fire hydrant;
(3) Within 20 feet of a crosswalk at an intersection;
(4) Within 30 feet upon the approach to any flashing signal, stop sign, yield sign or traffic control signal located at the side of a roadway;
(5) At any place where official signs prohibit standing or parking; and/or
(6) Within the parkway on an unimproved or grass surface.
(J) Mailboxes. Mailboxes or cluster box units and supporting structures may be installed in public rights-of-way provided said mailbox and supporting structure is erected and located in accordance with the requirements of the United States Postal Service (USPS), does not interfere with on-street parking or, village roadway maintenance, such as snow removal activities and snow hold areas and are subject to the following conditions:
(1) All mailboxes.
(a) The owner of the mailbox shall be responsible for all costs for installation and maintenance of the mailbox and mailbox structure.
(b) It shall be unlawful to install, maintain or connect utility lines to mailbox structures for any purpose. Residents should take all necessary precautions to prevent damage to any existing utilities located in the parkway.
(c) Replacement of improperly installed or non-conforming mailboxes damaged during snow removal or other municipal work will be the responsibility of the property owner.
(d) The village will not repair or replace any damaged mailbox unless said damage was caused solely by the village and unless said mailbox is considered conforming and was removed due to parkway maintenance, road widening or utility installation by the village or its contractors.
(e) Notice is hereby given that in the event of any claim, lawsuit, cause of action or liability against the village arising out of any damage to persons or property caused by or alleged to be caused by any such mailbox and/or its supporting structure which has been installed in the public right-of-way, the village shall seek indemnification, contribution and/or otherwise seek to recover its expenses in defending any such action and/or damages suffered from the owner of the premises and/or any other party or parties responsible for installing such mailbox and/or structure in the public right-of-way.
(f) Reflective material should be placed on the side of the mailbox visible to approaching traffic.
(2) Mailboxes and mailbox structures that hold up to four individual mailboxes on one supporting post.
(a) Any location change of an existing mailbox or establishment of a new mailbox must be approved by the village and by USPS.
(b) No part of the structure on which the mailbox rests or which holds or supports it or the face of the mailbox shall be closer than eight inches from the back of curb or if there is no curb the location shall be determined on a case-by-case basis and approved by the village.
(c) The supporting post shall be no closer than 18 inches from the back of a curb or edge of pavement (if there is no curb), and posts shall be constructed of materials having sufficient strength to withstand forces of snow applied during normal roadway snow plowing operations.
(d) Mailbox supporting structures should be constructed of four-inch by four-inch wood posts or a two-inch diameter thin wall steel pipe. Supporting structures that are more substantial in construction will be considered non-conforming hazardous fixed objects and are not permitted.
(e) If a conforming mailbox is damaged during municipal work, it will be replaced with a model 1C or equivalent box and four-inch by four-inch wood post or a two-inch diameter thin wall steel pipe support structure.
(3) Cluster box units (CBUs).
(a) Cluster box units (CBUs) may be supported by a cluster box pedestal as approved by the USPS.
(b) If a conforming CBU mailbox is damaged during municipal work, cluster box units will be replaced with the appropriate, compliant unit.
(c) CBU mailbox locations must be approved by the village, which could be part of an overall development plan for the area to be served by the CBU.
(d) CBU mailboxes must be placed at least six feet from a curb edge or street pavement (if there is no curb) and must be placed on the back side of a public sidewalk and not located between the sidewalk and the street pavement unless an alternative location is approved by the village.
(K) Dumpster, equipment and construction material storage. The placement and storage within the public right-of-way of a dumpster, portable storage container, and/or construction materials shall require a permit from the village. The holder of a right-of-way storage permit for a dumpster, equipment, portable storage container and/or construction materials container shall comply with the following restrictions and requirements:
(1) Only dumpsters, equipment, portable storage containers, or construction materials container identified in the permit shall be stored pursuant to said permit and only in the location identified on the permit.
(2) Any dumpsters, equipment, portable storage containers, or construction materials stored pursuant to the permit shall be positioned in the right-of-way in a manner that maximizes the area on the right-of-way that will remain unobstructed for use by the public.
(3) Lids or doors on any stored dumpster or portable storage container shall remain closed and secure except when said dumpster or container is being loaded or emptied.
(4) No trash or other refuse shall be stored or allowed to remain outside of a dumpster or portable storage container, and the area immediately around the dumpster or containers shall be maintained in a clean and sanitary manner.
(L) Stormwater discharge onto public property. The purpose of this section is to regulate stormwater discharge onto public property. Any regulation outlined by this section shall be superseded by Chapter 51 if those requirements are more stringent than those outlined herein.
(1) Discharges. Stormwater and groundwater discharges onto public right-of-way and direct connections to any public stormwater infrastructure are prohibited, as stated below, unless a permit is issued by the village.
(a) Sump pumps installed to receive or discharge groundwater or stormwater runoff shall be connected to a storm drain where possible or discharged into a designated stormwater drainage facility. No sump pump shall discharge directly onto a street surface or public sidewalk. Sump pumps are prohibited from discharging in any way that would cause water to flow onto any public sidewalks, roadways, or driveway approaches within the public right-of-way. No sump pump outlets shall be connected to or discharged into a sanitary sewer.
(b) Footing drains and drainage tile lines shall discharge into a storm drain or other designated stormwater drainage facility. No footing drains or drainage tile lines shall be connected to a sanitary sewer or be discharged directly onto a roadway surface or public sidewalk.
(c) Downspouts and roof drains shall discharge onto the ground outside of the public right-of-way or be connected to a storm drain. No downspouts or roof drains shall be connected to a sanitary sewer or be discharged directly onto a roadway surface or public sidewalk.
(d) Sump pumps, footing drains, downspouts, and other dry weather water outlets shall discharge at a distance from the property line that is sufficient to allow for water absorption into the ground but not less than five feet away from the nearest property line. Such outlets shall not discharge directly onto an adjacent property. If five feet is not sufficient for proper water absorption, the offending property must remediate to a distance that will allow for proper absorption.
(2) Permit required.
(a) No person shall hereafter construct, build, establish, replace, or maintain any dry weather water outlet which discharges onto a public right-of-way, public street, public sidewalk, roadside ditch, or other public property maintained by the village without first obtaining a permit to do so. Dry weather water outlets are prohibited from discharging directly onto any public property, public right-of-way, public street, or public sidewalk if such discharge creates or contributes to a public hazard or public nuisance.
(b) Failure to obtain a permit for a dry weather water outlet discharge onto a public roadway, public right-of-way, public sidewalk, or other public property shall be deemed a violation of Chapter 51.
(M) Driveway approaches. Any person that desires to construct a driveway approach within the right-of-way must first obtain a permit from the village prior to construction, replacement, or alteration of a driveway approach. All driveway approaches hereafter constructed, replaced, altered, established or maintained shall conform with applicable provisions of this chapter. Maintenance and installation of a driveway approach and the costs thereof shall be the responsibility of the owner of the property served by the driveway approach. The owner shall at all times maintain the driveway approach within and any culvert beneath the village right-of-way in a reasonable condition which allows water to flow free and clear of obstruction. The village may perform routine maintenance of the culvert beneath a driveway approach as needed and may request that the owner repair or replace any driveway approach that doesn't meet the requirements of this chapter. The replacement of any culvert beneath a driveway approach shall be the responsibility of the driveway owner at said owner's expense.
(N) Parking spaces. Any person that desires to construct, replace or alter a parking space within the right-of-way adjacent to their private property must first obtain a permit from the village prior to construction, replacement, or alteration of a parking space. A detailed plan including construction plans for installation of a parking space within the public right-of-way must be submitted with any permit request. Any permit issued is at the sole discretion of the village and information submitted with a permit request will be reviewed for safety and community need. Any constructed parking space is for public use only.
(O) General construction and excavation. All construction in the right-of-way shall be consistent with applicable ordinances, codes, laws, rules and regulations, and commonly recognized and accepted traffic control and construction principles, sound engineering judgment and, where applicable, the principles and standards set forth in the following most recent IDOT publications, as amended from time to time.
(1) Permit required. No person shall hereafter construct, build, establish, modify, or replace a driveway, approach, sidewalk, culvert, or utility in a street or alley right-of-way maintained by the village without first obtaining a permit to do so, as hereinafter provided. Residents or entities may obtain the application and permit forms for construction and excavation in public rights-of-way from the village. Completed applications shall be submitted to the village, along with a nonrefundable fee for processing and construction inspection. Fees shall be as determined from time to time by the Village Board of Trustees.
(a) Upon review of the permit application, the Building Inspector shall determine whether the proposed construction conforms to the requirements of any relevant ordinance(s), village codes and regulations. If it does, the Building Inspector shall issue the permit for construction. If the proposed construction does not conform to the requirements, the Building Inspector shall deny issuance of the permit. If approval is denied, the applicant may appeal to the corporate authorities for a deviation to the decision of the Building Inspector.
(b) The corporate authorities may vary or adapt the strict application of any of the requirements of this chapter where the strict application would result in practical difficulty or unnecessary hardship that would deprive the owner of the reasonable use of the land.
(P) Utilities. Utilities on, over, above, along, upon, under, across, or within the village controlled rights-of-way shall conform with regulations set forth in this chapter.
(Q) Utility service lines. All utility service lines within the public right-of-way shall be owned, operated, and maintained by the utility. Privately owned utility service lines located within the public right-of-way are prohibited.
(R) Small wireless facilities. Any person constructing, building, establishing, replacing, or maintaining a small wireless facility in a public right-of-way maintained by the village shall comply with the regulations set forth in Chapter 96.
(T) Outdoor dining, seating, or retail sales. Any person that desires to establish outdoor dining, seating, or retail sales that are associated with an adjacent business which would be located on or partially on any part of the public right-of-way must first obtain a permit from the village to do so. A detailed plan for use of the public right-of-way must be submitted with any permit request. Any permit issued is at the sole discretion of the village and information submitted with a permit request will be reviewed for safety and community need. The permit may also limit the duration of the use of the public right-of-way and may require periodic renewal based on seasonal needs.
(U) Mobile food vendors and food trucks. Any person that desires to operate as a mobile food vendor while on the public right-of-way must first obtain a permit from the village to do so. Any request will be reviewed based on any established Mobile Food Vendor Program guidelines and any permit issued is at the sole discretion of the village.
(V) Glare and light trespass. Any lighting installed on adjacent private property should be installed to minimized glare and excessive light trespass within the public right-of-way. At the sole discretion of the village a request may be made to any owner of installed lighting which is determined to cause glare and excessive light trespass, to remove, discontinued use or alter existing lighting to eliminate the glare and excessive light trespass on to public right-of-way.
(Ord. 21-06-02, passed 6-22-2021; Ord. 22-03-04, passed 3-22-2022
) Penalty, see § 156.999