Sprinkler heads are permitted in the parkway portions of village road or street rights-of-way in compliance with the other requirements of this subchapter, provided, however, that only one row of heads shall be permitted and shall be located one foot from any hard surface (i.e., curb, sidewalk, driveway, etc.). Where no sidewalks are present, the sprinkler heads shall be no closer than five feet from the street. When sprinkler heads are installed in these areas the village assumes no liability for sprinkler system if it is damaged or needs to be replaced or repaired due to the required work in these areas; by applying for and accepting a permit for the installation of sprinkler heads in the parkway, the applicant and property owner shall be deemed to have impliedly consented to the foregoing limitation of liability. All such repair and replacement shall be the responsibility of the property owner. Furthermore, in the event that any damage is caused to public infrastructure during the installation of the sprinkling system, it shall be the responsibility of the contractor or homeowner to immediately report the damage to the Department of Public Works. All necessary repairs will be completed in accordance with village regulations and at the expense of the contractor or homeowner. Prior to the installation of any lawn sprinkler system within the parkway portion of any village right-of-way, the property owner shall upon installation of a sprinkler system within village right-of-way, shall, at the discretion of the village and in such form as the village may require from time to time, enter into an appropriate license agreement with the village and/or record a covenant running with the land against the site of the proposed lawn sprinkler system to memorialize the foregoing requirements and the other conditions of this subchapter. A copy of the recorded document must be submitted with the application as a condition of the issuance of the permit.
(Ord. 06-0486, passed 12-6-06)