A. Permit Required. No person shall deposit or store upon any street, parkway or sidewalk, any materials, tools, apparatus or structure designed or intended to be used in any construction activity, as defined in Title 15 of this code, unless a street occupation permit is first obtained from the Director of Engineering. The occupancy, temporary or otherwise, of any public alley is prohibited and no permit shall be issued under this section for such use. All fees, costs and deposits for such permits shall be set from time to time by resolution of the Village Council.
B. Application for Permit. All applications for street occupation permits shall be made on forms provided by the Director of Engineering. The application shall describe the location of the street, parkway or sidewalk proposed to be occupied, the use to be made of it, and the length of time of the intended occupation.
C. Conditions of Permit. No permit shall be issued pursuant to this section unless all required fees, costs and deposits have been made, and all required bonds have been posted. All permits issued pursuant to this section shall contain a statement that the permit is subject to immediate revocation or suspension if the Director determines that the occupancy of the public right-of-way by the person to whom the permit is issued violates a term or condition of the permit or this code, or if the Director determines that the permittee's use and occupancy of the public right-of-way has created a condition that interferes with the safe flow of vehicular or pedestrian traffic or is otherwise hazardous to the public health, safety and welfare.
D. Time Limitation. The permission to occupy streets, sidewalks or parkways for the purposes of building is intended only for imperative use in connection with the actual erection, repair, alteration or removal of buildings, and shall terminate upon the completion of such operation and at such earlier time as shall be feasible, at which time the person to whom the street occupation permit has been issued shall remove all material and equipment and shall restore the street, sidewalk, parkway or right-of-way to as neat and serviceable a condition as prior to occupancy.
E. Space Limitation. The occupation of a street for the storage of buildings materials shall not exceed the limits specified in the permit, which shall never extend more than one-third of the way across the street pavement. A street occupation permit shall be limited to the street, sidewalk or parkway immediately in front of the lot or land upon which the work us being performed and shall not extend to the street, sidewalk or parkway in front of any lots or land adjoining the work site.
F. Sidewalk and Driveway Maintenance. During the progress of building operations a sidewalk, measuring not less than five feet four inches in width, or an equal width of a clean, hard, paved roadway, shall at all times be made available and kept open, clean and unobstructed to provide a safe footway, with adequate guard railings, for the purpose and uses of a passageway in front of such lot.
It is not intended by this section to prohibit the maintenance of a safe driveway for the delivery of material across a sidewalk from the curbline to the building site; provided, however, that such curb and sidewalk across which such driveway shall extend shall be protected in a manner satisfactory to the Director of Engineering.
G. Street and Alley Kept Clear. Except as otherwise provided in this code, the person to whom a building permit is issued shall, at all times during the life of the permit, maintain that portion of the street, alley, parkway, sidewalk or other right-of-way abutting upon and adjacent to the lot upon which such structure or addition is being erected, in a safe condition and clear of all building materials, rubbish, dirt or snow. At no time shall any construction activity obstruct the gutter or waterway of any street so as to prevent the free passage of water along the same, and if the gutter shall be shaded or covered so that ice accumulates in such gutter, the gutter shall be cleared so as to allow water to pass freely at all times.
H. Limitation of Use. No person shall mix mortar, concrete or any other building materials on the surface of any sidewalk or pavement in the Village.
I. Barricades and Lights. Any person to whom a building or street occupation permit is issued shall erect and maintain such substantial and suitable fences, railings or barricades to guard all excavations, embankments or obstructions along any street, alley, parkway or sidewalk abutting upon or adjacent to such lot as the Director of Engineering or other building officer deems necessary for the protection of the public, and shall maintain proper and sufficient lights from dusk to sunrise to protect the public using such street or sidewalk.
No person shall remove, extinguish, diminish or disturb such lights or remove or disturb such barricades.
(MC-5-2020, § 10, Amended 11/17/2020: prior code § 7.17)