8-2-9: PRIVATE IMPROVEMENTS IN PUBLIC RIGHT OF WAY:
Private improvements in the public right of way such as underground sprinkler systems, driveway aprons constructed of materials other than bituminous concrete or standard Portland cement concrete, or any other improvement as determined by the department of public works, shall be permitted only upon the execution of a covenant running with the land approved by the village attorney. In consideration for the village granting the resident permission to install or construct such improvements, the resident shall agree to assume the full cost for repair, removal or replacement of such improvements or systems in public rights of way should they be damaged by any cause or should the improvements or systems require removal during the installation, maintenance or repair of a village facility or any other utility located in the right of way. This covenant shall run with the land and shall be binding upon the heirs or any successors in title to the property. (1997 Code)