7-1-7: REMOVAL AND RESTORATION OF OWNER IMPROVEMENTS LOCATED IN STREET EASEMENTS AND RIGHTS OF WAY:
The village reserves the right to relocate or remove any improvements placed by an owner within the street easements and rights of way along the frontage of such owner's lot, including a private road easement area in which one or more utility easements have been granted to the village, when deemed necessary or desirable by the village to perform utility or street operations (including all snowplowing, repairs, maintenance, 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 improvements such as custom mailboxes, fences, driveway entrance and lighting features, sprinkler or irrigation systems or driveway materials of whatever kind or nature, including, but not by limitation, asphalt, gravel, colored stone, stamped or colored concrete or asphalt or specialty material pavers. 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 its improvements as may safely be removed or relocated. If any damage to the owner's driveway improvements shall occur as a result of the village's operations, the village: a) shall repair and restore the owner's driveway using standard asphalt materials or b) if the owner makes a written request prior to commencement of the restoration project releasing the village from the obligation to complete restoration, the village shall reimburse the owner for an amount equal to the cost savings realized by the village in not restoring the driveway with asphalt materials, and the owner, after obtaining all required permits, shall proceed with the driveway restoration under its own direction and at its own cost, using materials of its choosing. All costs incurred by any owner in restoring or replacing any other improvements removed by the village pursuant to this section shall be borne solely by such owner; provided, however, that the village reserves the right to reimburse an owner for the replacement cost of any removed improvement, including, but not by limitation, a standard mailbox as determined by the village if an owner's mailbox is damaged by the village during snowplowing operations. This section shall not excuse the village from performing seeding, sodding, and restoration of grass turf or natural areas as normally undertaken by the village or when required under any easement agreement. (Ord. 08-11-12, 10-21-2008)