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§ 92.044 MAINTENANCE AND EMERGENCY MAINTENANCE.
   (A)   General. Facilities on, over, above, along, upon, under, across or within rights-of-way are to be maintained by or for the utility in a manner satisfactory to the village and at the utility’s expense.
   (B)   Emergency maintenance procedures. Emergencies may justify non-compliance with normal procedures for securing a permit.
      (1)   If an emergency creates a hazard on the traveled portion of the right-of-way, the utility shall take immediate steps to provide all necessary protection for traffic on the highway or the public on the right-of-way including the use of signs, lights, barricades or flaggers. If a hazard does not exist on the traveled way, but the nature of the emergency is such as to require the parking on the shoulder of equipment required in repair operations, adequate signs and lights shall be provided. Parking on the shoulder in such an emergency will only be permitted when no other means of access to the facility is available.
      (2)   In an emergency, the utility shall, as soon as possible, notify the Superintendent of Public Works or his or her duly authorized agent of the emergency, informing him or her as to what steps have been taken for protection of the traveling public and what will be required to make the necessary repairs. If the nature of the emergency is such as to interfere with the free movement of traffic, the village police shall be notified immediately.
      (3)   In an emergency, the utility shall use all means at hand to complete repairs as rapidly as practicable and with the least inconvenience to the traveling public.
   (C)   Emergency repairs. The utility must file in writing with the Village of Riverton a description of the repairs undertaken in the right-of-way within 48 hours after an emergency repair.
(Prior Code, § 78.020) (Ord. 98-060, passed 11-16-1998)
§ 92.045 VARIANCES.
   (A)   Request for variance. A utility requesting a variance from one or more of the provisions of this subchapter must do so in writing to the Superintendent of Public Works as a part of the permit application. The request shall identify each provision of this subchapter from which a variance is requested and the reasons why a variance should be granted.
   (B)   Authority to grant variances. The Superintendent of Public Works shall decide whether a variance is authorized for each provision of this subchapter identified in the variance request on an individual basis.
   (C)   Conditions for granting of variance. The Superintendent of Public Works may authorize a variance only if the utility requesting the variance has demonstrated that:
      (1)   One or more conditions not under the control of the utility (such as terrain features or an irregular right-of-way line) create a special hardship that would make enforcement of the provision unreasonable, given the public purposes to be achieved by the provision; and
      (2)   All other designs, methods, materials, locations or facilities that would conform with the provision from which a variance is requested are impracticable in relation to the requested approach.
   (D)   Additional conditions for granting of a variance. As a condition for authorizing a variance, the Superintendent of Public Works may require the utility requesting the variance to meet reasonable standards and conditions that may or may not be expressly contained within this subchapter, but which carry out the purposes of this subchapter.
(Prior Code, § 78.021) (Ord. 98-060, passed 11-16-1998)
§ 92.046 ENFORCEMENT.
   Nothing in this subchapter shall be construed as limiting any additional or further remedies that the village may have for enforcement of this subchapter.
(Prior Code, § 78.023) (Ord. 98-060, passed 11-16-1998)
§ 92.047 SEVERABILITY.
   If any section, division, sentence, clause, phrase or portion of this subchapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof.
(Prior Code, § 78.024) (Ord. 98-060, passed 11-16-1998)
SIDEWALK INSTALLATION
§ 92.060 GRADE.
   The Superintendent of Public Works shall approve the grades for all sidewalks, and the same shall conform, as nearly as possible, to the grades of the respective street. No person may construct or lay or cause to be constructed or laid any sidewalk where no grade has been approved by the Superintendent of Public Works, or contrary to any grade approved by the Superintendent of Public Works.
(Prior Code, § 54.001) (Ord. 95-022, passed 10-2-1995)
§ 92.061 SPECIFICATIONS.
   All sidewalks shall be constructed in accordance with specifications as established by the Superintendent of Public Works. No sidewalk shall be constructed to less than four feet in width.
(Prior Code, § 54.002) (Ord. 95-022, passed 10-2-1995)
§ 92.062 COST OF SIDEWALKS.
   The cost of any new sidewalk shall be borne by the property owner. In any new residential subdivision, the cost of constructing sidewalks shall be borne by the developer as established in the village’s subdivision ordinance. Repair and maintenance of existing sidewalks shall be at the cost of the village and shall be performed solely at the discretion of the village.
(Prior Code, § 54.003) (Ord. 95-022, passed 10-2-1995)
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