TITLE 7
PUBLIC WAYS AND PROPERTY
CHAPTER 1
STREETS, SIDEWALKS AND PUBLIC WAYS
SECTION:
7-1-1: Street Grade
7-1-2: Compliance With State Law
7-1-3: Procedure To Establish, Alter Or Vacate Streets
7-1-4: Sidewalk Construction And Repair
7-1-5: Excavations
7-1-6: Culverts
7-1-7: Damage To Streets Prohibited
7-1-8: Ice And Snow Removal Required
7-1-1: STREET GRADE:
The survey made by Thomas McClanahan, a civil engineer under the laws of Illinois in 1895, of the streets of the village and the grade established by him in said survey, according to the profile and field notes now on file in the office of the village clerk, is hereby adopted as the grade for streets of the village and streets abutting thereto. All plats of property in effect at the effective date hereof are hereby readopted as official plats. (1993 Code p. 60 § 403.3-16)
7-1-2: COMPLIANCE WITH STATE LAW:
In all matters pertaining to the laying out of the streets, alleys and highways in the village, when not otherwise provided by ordinance, the laws of the state of Illinois relating to the laying out of roads and applicable to counties not under township organization shall apply. (1993 Code p. 60 § 403.3-15)
7-1-3: PROCEDURE TO ESTABLISH, ALTER OR VACATE STREETS:
   A.   Petition Required: The village board of trustees may alter, widen or vacate any street, alley or highway, or lay out any new street, alley or highway within the corporate limits of the village when petitioned by any number of freeholders, not less than twelve (12), residing within the village. (1993 Code p. 58 § 403.3-3)
   B.   Contents Of Petition: Said petition shall set forth, in writing, the description of the street, alley or highway, and what part thereof is to be altered, widened or vacated; and if for a new street, alley or highway, the names of the owners of the land, if known, and if not known, it shall be so stated, over which the street, alley or highway is to pass; the points at which it is to commence; its general course; and the place at or near which it is to terminate. (1993 Code p. 58 § 403.3-4)
   C.   Meeting To Consider Action: Whenever the board of trustees shall receive any such petition as in subsections A and B of this section specified, they shall fix a time when and a place where they will meet to examine the route of said street, alley or highway, and hear reasons for and against the altering, widening, vacating, or laying out the same; and they shall give at least ten (10) days' notice of the time and place of such meeting by posting notices in five (5) of the most public places in the village in the vicinity of the street, alley or highway to be widened, altered, vacated or laid out, or publish said notice in a newspaper of general circulation in the village. (1993 Code p. 58 § 403.3-5; amd. 2006 Code)
   D.   Ordinance To Vacate: If the petition is simply for the vacation of a street, alley or highway, and a majority of the board of trustees decide that the prayer of such petition shall be granted, they shall pass an ordinance declaring such street, alley or highway to be vacated. (1993 Code p. 58 § 403.3-6)
   E.   Survey For New Street Or Alteration Of Existing Street: If such petition is for the establishing of a new street, alley or highway, or the alteration or widening of an existing one, and a majority of the board of trustees shall be of the opinion that the prayer of the petition should be granted, they shall cause a survey and a plat of such street, alley or highway to be made by some competent surveyor who shall report such survey and plat to the board of trustees, giving the courses and distances and specifying the land over which such street, alley or highway is to pass; and in which survey and plat, the board of trustees may make such changes in the termini or width of such street, alley or highway as in its opinion, the interest or convenience of the public may require. (1993 Code p. 58 § 403.3-7)
   F.   Costs:
      1.   The board of trustees, before they order any street, alley or highway to be altered, widened, established or vacated, shall ascertain, as hereinafter provided, the aggregate amount of damages which the owners of the land over which such street, alley or highway is to pass shall be entitled by reason of the location, alteration or widening of such street, alley or highway; provided, however, that in case an appeal is taken from the assessment of damages, the board of trustees may, in their discretion, pass an ordinance altering, widening or establishing any such street, alley or highway, whether before or after such appeal is determined, in the manner hereinafter provided. (1993 Code p. 59 § 403.3-8)
      2.   The damages sustained by the owners of such land, by reason of altering, widening or establishing such street, alley or highway, may be agreed upon by the owners of such land, if competent to contract, and the board of trustees, or they may be released by such owners, which release may be evidenced by acknowledging the plat, or by a dedication attached thereto, or by a written agreement, either of which shall be a perpetual bar against such owners, their grantees and assigns for all further claims or damages. (1993 Code p. 59 § 403.3-9)
      3.   In case such damages shall not be agreed upon or otherwise settled, the same shall be determined according to the provisions of the statutes of the state. (1993 Code p. 59 § 403.3-10)
      4.   Any person interested in the establishment, alteration or widening of any street, alley or highway in the village is hereby authorized to offer inducements to the board of trustees for the establishment, alteration or widening of the same, by entering into contract with the village, conditioned upon such establishment, alteration or widening, to pay money or other valuable things to the village, or to perform any labor, or to construct any grade, bridge or culvert on any such street, alley or highway which said person may desire to have established, altered or widened. Any party causing any street or alley to be dedicated for public use shall pay all of the costs of any grading or paving or improvement of said public way. In the event a new subdivision shall be involved, no building permit shall be granted until all streets shall have been graded and surfaced with oil or bituminous materials, approved by the board. Also, all sewage facilities shall be installed and approved. (1993 Code p. 59 § 403.3-11)
      5.   Whenever the amount of damages may have been finally ascertained by agreement, release or assessment, the payment or tender of the same to the parties damaged, if known, or if unknown, then depositing for the use and benefit of such parties in the county treasurer's office, shall be deemed the final act for the establishing, altering or widening of such street, alley or highway. (1993 Code p. 60 § 403.3-13)
   G.   Village Limit Lines: Streets, alleys and highways may be altered, widened or established on the corporation line, and in such cases, the board of trustees shall act jointly with the commissioners of highways in townships interested in the laying out, altering or widening of the same as near as is practicable, under the provisions of the general laws of the state for laying out roads on town and county lines in counties not under township organization. (1993 Code p. 60 § 403.3-12)
7-1-4: SIDEWALK CONSTRUCTION AND REPAIR:
   A.   Supervision: All sidewalks on public property in the village shall be built under the supervision of the superintendent.
   B.   Specifications:
      1.   Each sidewalk shall be at least four feet (4') in width and shall coincide with the line of the street on which it is built.
      2.   All sidewalks shall be built of concrete, or other permanent substance, placed on a good and sufficient foundation and placed in a good and workmanlike manner. (1993 Code p. 57 § 403.2-1)
   C.   Costs: The village shall furnish one-half (1/2) of the cost of construction and repairing of sidewalks if the abutting and fronting property owners will pay the balance. (1993 Code p. 57 § 403.2-2)
   D.   New Sidewalks:
      1.   Notice: When the village board finds it necessary to build additional sidewalks, it shall give notice to the owner of land abutting or fronting on the proposed sidewalk.
      2.   Costs:
         a.   The owners shall have the right to choose the material for the sidewalk, and they shall pay one-half (1/2) the cost of construction. (1993 Code p. 57 § 403.2-3)
         b.   Any sidewalk which may be built at the expense of the village shall be itemized and charged against the lots or parcels of land along which said sidewalks were constructed by the village, along with the names of owners and the cost of the fronting or adjacent sidewalks. (1993 Code p. 57 § 403.2-4)
         c.   If the village shall fail to collect the cost of the sidewalk within thirty (30) days, then the means of collection of the delinquent funds and the reimbursement of the village treasury shall be as by the statutes of the state appertaining thereto. (1993 Code p. 57 § 403.2-5)
7-1-5: EXCAVATIONS 1 :
   A.   Permit Required: Any person or corporation making any excavations or alterations in any street or alley in the village shall secure a permit for the same from the street and alley committee prior to the commencement of said work. (1993 Code p. 60 § 403.3-17)
   B.   Restoration Requirements:
      1.   All excavations shall be backfilled with sharp clean sand to within ten inches (10") at the original surface of the street or alley and with eight inches (8") of hand tamped road stone and two inches (2") of hand tamped bituminous material. (1993 Code p. 60 § 403.3-18)
      2.   All contractors connected with any such excavation shall be held responsible for the proper restoration of said excavation. (1993 Code p. 61 § 403.3-19)
   C.   Violation; Penalty: Any person failing to obtain a permit as required hereunder or failing to properly fill said excavation shall be, upon conviction, guilty of a misdemeanor and shall be fined as provided in section 1-4-1 of this code. (1993 Code p. 61 § 403.3-20; amd. 2006 Code)
7-1-6: CULVERTS:
   A.   Responsibility For Culverts: All culverts placed in the ditches of the village (except for alleys and other such village property) shall be furnished by the owner of the property served by said culvert.
   B.   Specifications: All culverts shall be of sufficient strength to hold any reasonable traffic that might need to cross that ditch. The type and size of the pipe and the place and depth of the installation shall be approved by the superintendent of streets and alleys. (Ord. 403.3-25, 3-7-1994)
7-1-7: DAMAGE TO STREETS PROHIBITED 2 :
It shall be unlawful for any person to cut, plow, disc or in any  manner damage the surface of any street in the village where the said street has been surfaced with road oil or bituminous material. Whoever violates the provisions of this section shall be subject to a fine as provided in section 1-4-1 of this code. (1993 Code p. 81 § 404.6-16; amd. 2006 Code)
7-1-8: ICE AND SNOW REMOVAL REQUIRED:
It shall be the responsibility of all persons residing in or owning property in the village to keep all walks bordering their property clear of snow and ice. (1993 Code p. 57 § 403.2-7; amd. 2006 Code)

 

Notes

1
1. See also sections 5-3B-7 and 8-1-4 of this code.
2
1. See also section 5-3B-7 of this code.