The following procedure shall apply with regard to the improvement of any alleys which have been platted within the village, but remain unimproved.
(A) For the purposes of this policy, the term UNIMPROVED ALLEY shall denote an alley located within the village which has been dedicated and accepted as such an alley but which is not improved through paving or graveling of the surface for roadway purposes.
(B) Any party or parties desirous of improving an unimproved alley shall submit a written request for review by the Village Council seeking permission to improve the alley.
(C) Upon receipt of such written request, the Village Council shall refer the request to the Street and Alley Committee and may receive comment from the Water and Sewer Superintendent/Village Administrator, the Village Zoning Inspector or any other village employee or officer prior to considering whether or not to grant approval of such written request.
(D) As a prerequisite to granting approval, the party or parties making the written request shall agree in writing to pay all of the following expenses incurred in the improvement and development of any alley, including, but not limited to, all engineering expenses, survey costs and legal fees, together with the cost of the actual materials necessary to improve such alley.
(E) The base must be as previously established for all village alleys and streets in the village, and the width of the improved alley shall not be less than 12 feet.
(F) The length of the alley seeking to be improved shall not extend beyond the property line of the property owners adjacent to the alley to be developed.
(G) Two sets of plans shall be submitted to the Village Council and approved prior to any development.
(H) The owners whose property abuts the alley seeking to be improved are to be notified and have the opportunity to be heard by Village Council.
(I) The Village Administrator and the Street Department will determine the finished grade of the alley.
(J) Once the alley in question is developed in accordance with the above provisions, the village shall agree to maintain such alley as thereafter improved. Any such alley shall at all times remain the property of the village.
(K) No person shall place any structure, barricade, objects, obstacles or items which impede reasonable access for purposes of ingress and egress through an unimproved alley, and any such items are subject to removal at the expense of the offending party.
(L) No person shall cause any damage to any unimproved alley or public property line within the alley prior to the unimproved alley being improved, and any unimproved alley shall not be driven on prior to it becoming improved in accordance with the provisions of this subchapter.
(M) It is the express policy of the village that any person causing any damage to any unimproved alley shall pay for any and all costs associated with the damage to the alley, as well as any village water and/or sewer lines buried beneath the undeveloped alley, as well as any other utility buried beneath the undeveloped alley.
(N) No structure shall be built on any public alley, improved or unimproved and anyone desirous of using an unimproved public alley for planting trees, gardening and the like, shall do so at their own risk.
(Ord. O-07-2019, passed - -2019) Penalty, see § 93.99