A. Duty To Install, Maintain And Replace: Culverts shall be installed in the village for each driveway crossing an open existing or proposed ditch. It shall be the duty of each owner to keep all driveway culverts on such owner's property in good condition and repair and properly functioning. If any construction or landscape activity damages corrugated metal pipe culverts, the owner performing such work shall cause its contractor to repair, straighten or trim the bent or damaged ends of such pipe culverts before the village shall refund any bond or other escrow deposit posted in connection with such work. If a culvert is undersized for the stormwater flows that it should be able to accommodate or fails to accept such stormwater due to structural failure or wear and tear, then the owner of the property, after obtaining a building permit in accordance with this code, shall replace the culvert with a new and properly sized culvert. If culvert replacement is required by the village, the owner may appeal such determination to the village board, whose determination shall be final. Culverts which are not kept and maintained in good condition and repair and properly functioning are hereby declared to be a public nuisance and may be abated by the village in accordance with this code.
B. Permitted Materials: Existing culverts of corrugated metal pipe installed before December 19, 2006, shall be permitted to remain in place, but whenever such culverts are substantially replaced whether voluntarily or when required by the provisions of this section, or whenever new culverts are installed in the village, the culvert pipe material shall be reinforced concrete pipe or ductile iron pipe.
C. Construction Requirements: New culvert pipe shall be laid with the invert elevation thereof at the normal or proposed flow line of the ditch. Culvert size shall be of the diameter specified by the village, but shall not be less than twelve inches (12") internal diameter. The culvert shall extend a minimum of four feet (4') for each foot of depth on each side of the completed driveway, and there shall be adequate side slope between the edge of the driveway and the end of the culvert pipe to prevent the entrance or obstruction of dirt or fill material. This requirement may be waived in instances where a concrete, stone or wood retaining wall is approved by the village. Culvert pipes shall be bedded in gravel. Where the invert depth of the culvert pipe is three feet (3') or more, the side slope protection shall be of hot mix asphalt or concrete.
D. Standards For Determining Replacement; Notice From Village: A culvert shall be subject to inspection by the village to determine if it is deficient and in need of replacement. If the village finds that one or more of the following conditions applies to a culvert, the culvert shall be considered in need of replacement:
1. Structural failure has occurred as evidenced by perforation or rust through of more than twenty percent (20%) of the visible pipe wall;
2. The invert elevation is more than 0.25 feet above or 0.5 feet below the normal flow line of the ditch;
3. Crimping of the inlet or outlet has occurred that reduces the flow area by twenty five percent (25%) or more; or
4. The culvert is demonstrably deficient to carry normal flows as evidenced by overtopping of driveway or roadway pavement or flooding outside of the right of way following a rain event of 5-year or lesser intensity according to the Illinois state water survey, bulletin 70, or any comparable replacement publication approved by the village board.
If the village determines that a given driveway culvert is in need of maintenance, repair or replacement according to the foregoing standards, it shall serve or cause to be served upon the owner of property served by the deficient culvert, a written notice requiring such owner to comply with the provisions of this section and indicating the reason for the deficiency. Notice shall be served personally or sent by U.S. certified mail, return receipt requested, at the premises or at the last known address of the owner or, if neither of these is effective to actually notify the owner, by posting a copy thereof in a conspicuous place in or about the dwelling located on the property. Within ninety (90) days after the date of the village's notice, the owner shall be obligated to submit a plan for maintenance, repair or replacement of the culvert and, at such owner's sole cost, to carry out such corrective work. Notwithstanding the preceding sentence, if the deficient driveway culvert is located on a county highway maintained by Lake County, the owner shall satisfy its obligation under this section by filing a report with the Lake County division of transportation (which shall include the village's notice) and requesting Lake County to respond to the deficiencies noted in the village's notice. If Lake County accepts the village's report and, as a county project, corrects the deficiencies noted therein, the owner in such case shall be deemed to have complied with this section. If Lake County accepts the village's report but requires the owner to obtain a county permit and correct the deficiencies, the owner shall obtain such county permit and perform the required maintenance and repairs as authorized by such permit. If Lake County specifies or performs different maintenance or repairs than those indicated in the village's notice, Lake County's requirements or performance shall control, and the owner in such case shall not be in violation of this section provided the owner makes all permit applications and complies with the conditions imposed by Lake County to the extent the corrective maintenance or repairs falls on the owner. If the owner replaces a culvert in response to the village's notice, the village shall not require another culvert replacement on such property pursuant to this section for a period of twenty (20) years after the date of the first replacement unless the village agrees to pay for the cost thereof. Nothing in the preceding sentence shall bar the village from requiring the owner who has installed a new culvert to correct any deficiency of installation noted in the village's inspection report following installation.
E. Remedies: If within one hundred eighty (180) days after service of such notice from the village, the owner fails, neglects or refuses to comply with the provisions of this section and the notice demanding such compliance by the village, and if the culvert is located in the right of way of a public street, the village, or its duly authorized representative, shall have the right (but is not obligated) to correct any deficient installation or remove and replace the defective culvert (and replacing any portion of driveway crossing the culvert in accordance with the requirements of section 7-1-7 of this chapter) and assess the cost thereof against the owner of such lot or parcel of land with an invoice describing the charges, and the amount of such invoice shall be paid by such owner to the village within thirty (30) days after the date of such invoice. If the invoice is not paid within the time provided, such charges shall be deemed and are hereby declared to be delinquent and thereafter such delinquency shall constitute a lien upon the real estate of the owner, provided that either the village clerk or the village attorney first notifies the owner in writing of the delinquency and grants the owner an additional fifteen (15) days from date of the written notification to pay the delinquent charges in full. If the delinquent invoice is not paid within the time provided in such written notification, then either the village clerk or village attorney of the village is hereby authorized and directed to file a notice of such lien in the office of the recorder of deeds of Lake County, Illinois, which notice of lien shall consist of a sworn statement executed by the village president setting out the name(s) of the owner(s) of the real estate, a description of the owner's real estate, the amounts of monies due, and the date or dates when such amount or amounts became delinquent. When a notice of lien has been so recorded, the filing of such notice in the aforesaid office shall be deemed notice for the payment of all charges related to the compliance actions paid for by the village, the cost of recording the notice and such legal enforcement fees of the village, as are set forth from time to time in the fee schedule, which shall be charged to the owner and constitute a lien upon the real estate of the owner in addition to the amount of the delinquent invoice charge. The failure of the village clerk or the village attorney to record such notice of any such lien shall not affect the right of the village to foreclose the lien for the delinquent invoice or the right to pursue any other legal remedy.
F. Penalty: Any person violating any provision of this section shall be fined not less than two hundred dollars ($200.00) nor more than seven hundred fifty dollars ($750.00) for each offense. Each day's continued violation shall be deemed a separate offense. (Ord. 10-6-15, 6-15-2010)