TITLE 8
PUBLIC WAYS AND PROPERTY
CHAPTER 1
GENERAL REGULATIONS
SECTION:
8-1-1: Supervision And Enforcement
8-1-2: Construction Permit; Application
8-1-3: General Construction Standards
8-1-4: Sidewalk Construction Standards
8-1-5: Construction Bonds; Indemnity
8-1-6: Certificates Of Insurance
8-1-7: Inspections
8-1-8: Repairs And Maintenance
8-1-9: Barricades
8-1-10: Poles And Wires; Limited Placement
8-1-11: Openings In Public Way; Permit
8-1-12: Fishing Area Restrictions
8-1-13: Downtown And Riverwalk Restrictions
8-1-14: Snow And Ice Removal
8-1-15: Street Lighting, Residential
8-1-16: Route 31 Development
8-1-17: Commercial Use Of Public Way Prohibited
8-1-18: Encroachments
8-1-19: Prohibited Acts
8-1-20: Penalty
8-1-1: SUPERVISION AND ENFORCEMENT:
All construction, maintenance, and repair of public streets, alleys, sidewalks, driveway approaches and other public ways shall be under the supervision of the director of public works. The director shall be charged with the enforcement of all ordinance provisions relating to such public places (except traffic ordinances) and is authorized to enforce such ordinances. (2004 Code)
8-1-2: CONSTRUCTION PERMIT; APPLICATION:
It is unlawful to construct or lay any pavement, including curb and gutter, street, sidewalk, driveway approach, alley or other public way, or to repair the same, without first having secured a permit therefor. Applications for such permits shall be made to the director of public works and shall state the location of the intended repair or construction, the extent thereof, and the person or firm who is to do the actual construction work. No such permit shall be issued except where the work will conform to the ordinances of the village. (2004 Code)
8-1-3: GENERAL CONSTRUCTION STANDARDS:
   A.   Subgrade: The subgrade shall be tamped or rolled until thoroughly compacted and shall be constructed true to grade and cross section for the bottom of the sidewalk and driveway.
   B.   Forms: All forms shall be set true to line and elevation, substantially built and rigidly braced to prevent bulging. They shall be constructed of clean lumber surfaced on four (4) sides and be uniform in width and thickness of steel of equal rigidity.
   C.   Concrete: The sidewalk, driveway and driveway approach shall be constructed of Portland cement concrete (air entrained Portland cement - 4 percent to 6 percent) as specified by the state department of transportation specifications. The concrete mix shall be a minimum of five and one-half (51/2) bags of Portland cement per cubic yard of concrete. The final surface of all concrete sidewalk and driveway approaches shall have an appropriate sealant applied as per the state specifications. All sidewalk and driveway surfaces shall have a light brush finish.
   D.   Expansion Joints: Expansion joints three-fourths inch (3/4") thick shall be placed at intervals of fifty feet (50') in the sidewalks, between driveway pavement and sidewalk, driveway approaches and curbs, and sidewalk approaches and curb. These expansion joints shall consist of premolded bituminous joint filler. Expansion joints one-half inch (1/2") thick shall be provided between the sidewalk and all structures such as streetlight standards, traffic signal posts and signposts, etc., which are within the sidewalk. The expansion joints shall consist of joint filler. (2004 Code)
8-1-4: SIDEWALK CONSTRUCTION STANDARDS:
   A.   All sidewalks shall be built and constructed of Portland cement concrete and to a grade approved by the department of public works. Sidewalks in residential areas shall be five inches (5") in thickness and four (4) or five feet (5') in width. Sidewalks in nonresidential areas shall be at least five inches (5") in thickness with width and location subject to approval by the director of public works or his designee. A sidewalk crossing through a driveway shall be at least six inches (6") in thickness.
   B.   Sidewalk ramps shall be constructed in conformance with the "American Public Works Association Guidelines" at all crosswalks, driveway approaches, and any other location. All sidewalk ramp locations shall be shown on the plans with a typical detail for construction. (2004 Code)
8-1-5: CONSTRUCTION BONDS; INDEMNITY:
Each permit applicant shall obtain liability insurance, including minimum limits as follows:
Contractor shall maintain limits no less than:
   A.   Commercial General Liability: One million dollars ($1,000,000.00) combined single limit per occurrence for bodily injury, personal injury and property damage. The general aggregate shall be twice the required occurrence limit. Minimum general aggregate shall be no less than two million dollars ($2,000,000.00) or a project/contract specific aggregate of one million dollars ($1,000,000.00).
   B.   Business Automobile Liability: One million dollars ($1,000,000.00) combined single limit per accident for bodily injury and property damage.
   C.   Workers' Compensation And Employers' Liability: Workers' compensation coverage with statutory limits and employers' liability limits of one million dollars ($1,000,000.00) per accident.
   D.   Builder's Risk (If Required): Shall insure against "all risk" of physical damage, including water damage (flood and hydrostatic pressure not excluded) on a completed value, replacement cost basis.
Each applicant shall insure the village and its agents, officers and employees, for any loss or damage resulting from the work undertaken or the manner of doing the same, which insurance shall remain in full force and effect until thirty (30) days after the completion of the work. All contractor applications shall be governed by the applicable bond requirements pertaining to public right of way work contained in the pertinent ordinances of the village. (2004 Code)
8-1-6: CERTIFICATES OF INSURANCE:
Each permit applicant for an exception pursuant to sections 8-1-10,8-1-11, 8-1-17 and 8-1-18 of this chapter shall obtain and provide to the village, a certificate of insurance, naming the village as additionally insured on a public liability insurance policy which shall insure against all public risks related to the use, maintenance, existence or location of the encroachment and shall consist of comprehensive general liability for bodily injury, personal injury and property damage for one million dollars ($1,000,000.00) per occurrence, two million dollars ($2,000,000.00) annual aggregate. (2004 Code)
8-1-7: INSPECTIONS:
   A.   An inspection is required after the forming and prior to the pouring of any concrete for all work within the public right of way and other construction. An inspection is also required during the filling and compaction of any fill area within the public right of way and for parking lots.
   B.   Fees for inspections or reinspections where insufficient work has been performed to make an inspection shall be as provided in section 9-2-1 of this code.
   C.   It shall be the contractor's responsibility to contact the department of public works at least one business day in advance of a desired inspection (excluding holidays). (2004 Code)
8-1-8: REPAIRS AND MAINTENANCE:
All public streets, alleys, sidewalks, and driveway approaches shall be kept in good repair and shall be maintained in a safe, attractive and unobstructed manner to assure the safe passage of pedestrians and vehicles. Such work shall be under the supervision of the director of public works. (2004 Code)
8-1-9: BARRICADES:
   A.   Required: Any person, firm or corporation constructing or repairing any pavement on a street, public sidewalk or other public place or making an excavation within the public right of way, shall maintain suitable barricades to prevent injury of any person or vehicle by reason of the work; such barricades shall be illuminated with appropriate lights during periods of darkness.
   B.   Disturbing: It is unlawful to remove, disturb or interfere with barricades or lights lawfully placed to protect and mark any new pavement, excavation, or opening in any public street, alley or sidewalk within the public right of way. (2004 Code)
8-1-10: POLES AND WIRES; LIMITED PLACEMENT:
It is unlawful to erect or maintain any poles or wires over any public place, street, alley or other public way. Exceptions to this section may be made only upon the written approval of the village board. Such permission shall not be issued if the poles or wires interfere with pedestrian or vehicular traffic, public utilities, or result in a safety hazard. (2004 Code)
8-1-11: OPENINGS IN PUBLIC WAY; PERMIT:
All presently maintained openings shall be guarded by a suitable cover or railing as approved by the director of public works. It is unlawful to construct any opening or stairway in any public street, sidewalk or alley. Exceptions to this section may be made only upon the written approval of the director of public works. Such permit shall not be issued if the opening or stairway interferes with pedestrian or vehicular traffic, public utilities, or results in a safety hazard. (2004 Code)
8-1-12: FISHING AREA RESTRICTIONS:
It will be unlawful for any person to do, engage in or participate in the act of fishing in any manner whatsoever by throw, cast, swing or otherwise propel or suspend therefor any rope, string, line, pole, rod, stick or any similar object or thing for any purpose whatsoever except in the case of a bona fide emergency for the purpose of saving or preserving life or property or both specifically in the following areas:
   A.   The Main Street Bridge (Illinois State Route 72).
   B.   The Fox River riverwall located along First Street from Second and Washington, south to Main Street.
   C.   The hard surface areas of the West Dundee riverwalk.
      1.   Fishing is permitted on the riverwalk in those areas specifically designated by signage.
   D.   The South End park bicycle/pedestrian bridge. (Ord. 97-05, 5-19-1997; amd. 2004 Code)
8-1-13: DOWNTOWN AND RIVERWALK RESTRICTIONS:
   A.   Bicycling, Rollerblading, And Skateboarding Prohibited: It shall be prohibited for any person to operate, ride, or otherwise use or permit such operation or use of a bicycle, skateboard, roller skates, rollerblades or any other nonpedestrian means of transportation upon any portion of the following:
      1.   The hard surface walkways commonly known as the West Dundee riverwalk located on the east side of Lincoln Avenue.
      2.   The public sidewalk on both the north and south sides of Illinois State Route 72 from Second Street east to the village's corporate limits. (Ord. 97-05, 5-19-1997; amd. 2004 Code)
   B.   Restrictions On The Feeding Of Waterfowl: It shall be unlawful for any person to do, engage in, or participate in the act of feeding waterfowl from the West Dundee riverwalk area except for in the waters immediately adjacent to the grassy area directly north of the Riverwalk plaza area and the Riverwalk plaza area itself located at the intersection of Second Street and Lincoln Avenue. (Ord. 98-28, 9-14-1998; amd. 2004 Code)
8-1-14: SNOW AND ICE REMOVAL:
   A.   Every owner, lessee, tenant, occupant or other person having charge of any building or lot of ground in the village abutting upon any public way or public place shall remove the snow and ice from the sidewalk in front of such building or lot of ground. In case the snow or ice on the sidewalk shall be frozen so hard that such snow or ice cannot be removed without injury to the pavement, the person having charge of any building or lot of ground as aforesaid shall, within the time specified, cause the sidewalk abutting on the premises to be strewn with ashes, sand, sawdust or some similar suitable material, and as soon thereafter as the weather shall permit, such person shall thoroughly clean the sidewalk. (Ord. 98-28, 9-14-1998; amd. 2004 Code)
   B.   Public sidewalks shall be kept free of snow and ice. Snow accumulations of two inches (2") or more of snow, sleet or freezing rain, shall be cleared from public sidewalks within forty eight (48) hours of the onset of a snow event. (2004 Code)
8-1-15: STREET LIGHTING, RESIDENTIAL:
   A.   A property owner shall request the director of public works to order lights per plans submitted by such owner.
   B.   The director of public works shall order placement of lights from the utility company having jurisdiction.
   C.   Said director of public works shall order lights placed on the site upon receipt of payment by owner.
   D.   Decorative poles and luminaries shall consist of the following:
      1.   Luminary model #ALN610-H3, 150m watt, HPS lamp type.
      2.   Minimum two foot (2') diameter by three and one-half foot (31/2') deep PC concrete foundation, four (4) 3/4-inch diameter by twenty four inches (24") long plus three inch (3") hook fully galvanized anchor bolts, #4 bare cu. ground conductor, vertical reinforcing bars and #2 horizontal tie rods twelve inches (12") o.c., ground lug furnished with pole.
      3.   Northampton style pole minimum of a five inch (5") o.d. aluminum shaft, modified base and shaft, base of twenty inches (20") plus or minus (+/-) diameter, access door located in base secured with tamperproof hex socket security machine screws.
      4.   Underground cable shall be suitable for wet locations.
   E.   Upon completion and acceptance of the installation, the village agrees to pay for all electrical energy and maintain the installation.
   F.   Styles of lamps shall be determined according to specifications on file in the office of the director of public works. (Ord. 89-04, 4-3-1989; amd. 2004 Code)
8-1-16: ROUTE 31 DEVELOPMENT:
Whenever any property shall be developed which has its boundaries on Route 31, known as Eighth Street, the owner, developer or contractor shall abide by the following provisions:
   A.   Dedicate sufficient land as the state of Illinois department of transportation shall require, to provide:
      1.   A lane for traffic deceleration/acceleration.
      2.   All curb and gutter required to handle drainage.
      3.   Tree bank of a minimum of five feet (5') between curb and outside edge of sidewalk.
   B.   Submit plans and apply for permit to the state of Illinois department of transportation for all above work.
   C.   Construct improvements in accordance with plans and specifications submitted and approved by the Illinois department of transportation.
   D.   Construct a sidewalk along the property line which is at least five feet (5') from the curb line. Sidewalk construction shall be in accordance with all village standards.
   E.   Landscape tree bank in accordance with all village standards.
   F.   All of the above provisions shall be complied with, and final acceptance, in writing, shall be received from the state of Illinois department of transportation prior to issuance of any occupancy permit. (Ord. 98-28, 9-14-1998; amd. 2004 Code)
8-1-17: COMMERCIAL USE OF PUBLIC WAY PROHIBITED:
It is unlawful for any person, firm or corporation to use any street, sidewalk or other public place as space for the display of goods or merchandise, or to write or mark any sign or advertisement on any such pavement. Exceptions to this section may be granted by written approval of the village board for a maximum period of three (3) days except where otherwise allowed within this code and shall not be issued if the use interferes with pedestrian or vehicular traffic, public utilities, or results in a safety hazard. (2004 Code)
8-1-18: ENCROACHMENTS:
It is unlawful to erect or maintain any private building or structure which encroaches upon any public right of way or property. Exceptions to this section may be made only upon the written approval of the village board, and shall not be issued if the structure or building interferes with pedestrian or vehicular traffic, public utilities, or results in a safety hazard. (2004 Code)
8-1-19: PROHIBITED ACTS:
   A.   Damage To New Pavements: It is unlawful to walk or drive any vehicle or animal upon, or damage any newly placed street or sidewalk pavement while the same is guarded by a warning sign or barricade, or knowingly to damage any soft or newly placed pavement.
   B.   Obstructions: It is unlawful for any person, firm or corporation to cause, create or maintain any obstruction of any street, alley, sidewalk or other public way, except as may be specified by ordinance or by written authorization from the department of public works.
   C.   Drains; Obstruction: It is unlawful to obstruct any stormwater drain within the public right of way. (2004 Code)
   D.   Deposits On:
      1.   Streets: It is unlawful for any person to deposit on any street, sidewalk, or alley: dirt, mud, clay, cement, concrete, building materials, gravel, stones, plant matter, snow, refuse or garbage, yard waste, grass clippings, leaves, branches or other material deemed inappropriate. In the event the person depositing such material fails to immediately remove and properly dispose of the material, the director of public works may cause the material to be removed. The cost of such removal and all expenses incurred in connection therewith shall be assessed against and paid by the person depositing the material. Assessment of costs against any person violating this chapter shall not be construed as a waiver of the right of the village to impose a fine pursuant to the terms of this code.
         a.   Leaf Collection: So long as the village maintains a curbside leaf collection program, leaves may be deposited along the curb line in front of residentially zoned properties, no greater than two feet (2') from the curb, during the months of October and November only. Any placement of leaves or yard waste on village streets outside of this time frame shall be deemed a violation subject to the above remedies. (Ord. 2015-01, 1-5-2015)
      2.   Sidewalks: It is unlawful to deposit on any public sidewalk or tree bank materials which may be harmful to the pavement thereof, or materials, or articles which might cause injury to persons, animals, property or obstruct the way of pedestrians. Merchandise or other articles may be deposited on sidewalks preparatory to delivery; provided, that the usable width of the sidewalk is not thereby reduced to less than four feet (4') in width; and provided, that no such article shall remain on such walk for more than one-half (1/2) hour.
   E.   Burning Leaves And Rubbish: It is unlawful for any person, firm or corporation to burn any leaves, paper, rubbish or other substances upon any of the public streets, sidewalks or alleys in the village.
   F.   Unlawful Use, Damage To Public Ways: It shall be unlawful for any person to wilfully injure or damage any public highway upon or used or constructed in connection with any public highway or street for the protection thereof or for protection or regulation of traffic thereon by any wilfully unusual, improper or unreasonable use thereof, or by wilful careless driving or use of any vehicle thereon, or by wilful mutilation, defacing or destruction thereof. (2004 Code)
8-1-20: PENALTY:
Any person, firm or corporation may be fined as provided in the general penalty in section 1-4-1 of this code for each offense, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues. (Ord. 89-04, 4-3-1989; amd. 2004 Code)