Loading...
HomeMy WebLinkAboutG41-78 Ordinance No. G41-78 AN ORDINANCE AMENDING TITLE 13, ENTITLED STREETS AND SIDEWALKS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Chapter 13.04 of Title 13 entitled "General Regulations" of the Elgin Municipal.Code, 1976, as amended, is hereby amended to read as follows: "13.04 GENERAL REGULATIONS 13.04.010 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. He shall be charged with the enforcement of all ordinance provisions relating to such public places (except traffic ordinances) and is hereby authorized to enforce such ordinances. 13.04.020 Construction Permit - Application It shall be 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. Appli- cations for such permits shall be made to the Engineering Division of the Department 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 City. 13.04.030 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, substan- tially 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 thick- ness or of steel of equal rigidity. C. Concrete. The sidewalk, driveway and driveway approach shall be con- structed of Portland Cement Concrete (Air-Entrained Portland Cement- 4o to 6%) as specified by the State of Illinois Department of Transportation Specifications. The concrete mix shall be a minimum of five and one-half (5%) 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 of Illinois Specifications. All sidewalk and driveway surfaces shall have a light brush finish. D. Expansion Joints. Expansion joints three-fourths (3/4) inch thick shall be placed at intervals of fifty (50) feet in the sidewalks, between driveway pavement and sidewalk, driveway approaches and curbs, and sidewalk approaches and curb. These expansion joints shall consist of premoulded bituminous joint filler. Expansion joints one-half (Z) inch thick shall be provided between the sidewalk and all structures such as street light standards, traffic signal posts and sign posts, etc,, which are within the sidewalk. The expansion joints shall consist of joint filler. 13.04,040 Sidewalk Construction Standards A. All sidewalks shall be built and constructed of Portland Cement Con- crete and to a grade approved by the Engineering Division of the Department of Public Works. Sidewalks in residential areas shall be four (4) inches in thick- ness and four (4) or five (5) feet in width as specified by the Engineering Divi- sion. The four (4) foot sidewalk shall be constructed one (1) foot outside the property line. Sidewalks in non-residential areas shall be at least four (4) inches in thickness with width and location subject to approval by the Engineering Division. Any sidewalk across a driveway shall be at least six (6) inches in thickness. B. Sidewalk ramps shall be constructed in conformance with the American Public Works Association Guidelines at all cross walks, driveway approaches, and any other location as directed by the Engineering Division. All sidewalk ramp locations shall be shown on the plans with a typical detail for construc- tion. 13.04.050 Inspections A, An inspection is required during the forming and prior to the pouring of any concrete for all work within the public right-of-way an d other construc- tion as directed by the Engineering Division. An inspection is also required during the filling and compaction of any fill area within the public right-of- way and for parking lots. Bo Fees for inspections or reinspections where insufficient work has been performed to make an inspection shall be as provided in Chapter 16,480 C. It shall be the contractor's responsibility to phone the Engineering Division at least four (4) hours in advance of a desired inspection. 13,04,060 Construction Bonds - Indemnity Each applicant shall obtain liability insurance, including bodily injury and property damage, with limits not less than one hundred thousand ($100,000.00) dollars for bodily injury and one hundred thousand ($100,000.00) dollars for property damage, insuring the City of Elgin 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 said 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 City of Elgin. 13.04.070 Damage to New Pavements erm It shall be 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 to knowingly damage any soft or newly placed pave- ment. 13.04.080 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 unob- structed manner to assure the safe passage of pedestrians and vehicles. Such work shall be under the supervision of the Director of Public Works. 13.04.090 Obstructions It shall be 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 Engineering Division of the Department of Public Works. 13.04.100 Barricades - Required Any person, firm or corporation constructing or repairing any pavement on a street, sidewalk or other public place or making an excavation in the same, shall maintain suitable barricades to prevent injury of any person or vehicle by reason of the work; such barricades shall be protected by appropriate lights emk during periods of darkness. 13.04.110 Disturbing Barricades It shall be 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. 13.04.120 Commercial Use of Public Way Prohibited It shall be 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 Director of Public Works or City Council for a maximum period of three days. 13.04.130 Encroachments It shall be 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 Director of Public Works or by the City Council. 13.04.140 Drains - Obstruction Prohibited It shall be unlawful to obstruct any storm water drain within the public right-of-way. • 13.04.150 Poles and Wires - Limited Placement It shall be unlawful to erect any poles or wires or maintain any poles or wires over any public place, street, alley or other public way without having first secured written permission from the Director of Public Works. 13.04.160 Openings in Public Way - Permit It shall be unlawful to construct any opening or stairway in any public street or sidewalk or alley unless a special permit is granted by the City Council. All presently maintained openings shall be guarded by a suitable cover or railing as approved by the Director of Public Works. 13.04.170 Deposits on Streets It shall be unlawful to deposit on any street, materials which may be harmful to the pavement or obstruct the flow of storm water, or material which may be a hazard to persons, animals, property or vehicular movement. 13.04.180 Deposits on Sidewalks A. It shall be unlawful to deposit on any public sidewalk or treebank, 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. B. Merchandise or other articles may be deposited on sidewalks preparatory to delivery, provided that: he usable width of the sidewalk is not thereby reduced to less than four feet; and provided that no such article shall remain on such walk for more than one-half hour. 13.04.190 Deposit of Snow on Public Property It shall be unlawful for any person, firm or corporation to move, transport or deposit snow from private property upon any of the public streets, sidewalks or alleys in the City of Elgin. 13,04.200 Burnings Leaves and Rubbish It shall be 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 City." Section 2. That Chapter 13.08 of Title 13 entitled "Driveways" of the Elgin Municipal Code, 1976, as amended, is hereby amended to read as follows: "13.08 DRIVEWAYS 13.08.010 Permits Required No person, firm or corporation shall construct a driveway or driveway approach within the public right-of-way without having first obtained a permit from the Engineering Division of the Department of Public Works. Driveways and driveway approaches within'_the public right-of-way shall be six (6) inches in thickness and shall meet the following requirements: (a) Residential Driveways. New residential driveway approaches shall be Portland Cement Concrete (P.C. Concrete) and a maximum of twenty-four (24) feet in width at the curb line. Single family residential property shall be limited to one (1) curb opening per lot except for circular drives as specifically 'approved by the Director,of Public Works. Two family residential property (duplex) may be allowed two (2) driveway openings which shall be a maximum of sixteen feet each, if it is deemed necessary in the opinion of the Director of Public Works. Qb) Commercial Driveways. New commercial driveway approaches shall be Port- land Cement Concrete and a maximum of forty-five (45) feet in width at the curb line. At an intersection, a curb length of not less than ten (10) feet shall be left undisturbed between the property line extended and the near edge of the driveway approach° A curb island with a minimum length of six (6) feet measured along both the curb line and the property line, shall be placed between each driveway approach. A curb length of not less than three (3) feet shall be left undisturbed adjacent to each property line to serve as an island area should the adjoining property owner request a permit for a driveway approach. Cc) The number of driveways to serve a single parcel of commercial property shall be as approved by the Engineering Division and shall be minimized whenever possible. In all instances, the space allocated for driveway width shall be the minimum necessary to adequately service the property involved, considering the location and the nature of the use, as determined by the Engineering Division. Double-frontage lots shall not be permitted access to or from the street with the higher degree Hof.continuity within the overall street system or with the higher traffic volume. 13.08.020 Fees The fee for all right-of-way construction permits shall be as stated in Chapter 16.48, 13.08.030 Surface Elevations Driveway approaches shall be constructed so as to eliminate step downs in the sidewalk. The sidewalk should follow a straight line grade through or across driveways. It shall be unlawful to have the surface finish of any new driveway approach constructed so as to render it slippery and hazardous to pedestrians, or unsightly due to poor workmanship. 13.08.040 Materials New driveways across sidewalks and driveway approaches adjacent to improved streets and within the public right-of-way, shall be constructed of Portland Cement Concrete. If the street is unimproved, a two (2) inch thick bituminous =concrete surface ion,a stone tease.six (6) inches thick shall' be permitted. 13.08.050 Repair It shall be the responsibility of a property owner who has a driveway on his property to keep the driveway approach in good repair. The City Engineer shall determine whether repairs to an existing driveway approach may be made or complete replacement is required. Complete replacement will be required when the condition of the driveway approach has deteriorated and become a hazard to pedestrian or vehicles that may attempt to use it. Exist- ing bituminous concrete approaches may be repairs with bituminous concrete, and all other approaches shall be constructed with Portland Cement Concrete so the repaired approach meets all construction standards for newly con- structed driveways. Complete replacement of driveway approaches shall be made with Portland Cement Concrete, except where the approach is on an unimproved street." Section 3. That Section 13.12.030 of Chapter 13.12 entitled "Permit-- - Application" of the Elgin Municipal Code, 1976, as amended, is hereby amended to read as follows: 13.12.030 Permit--Application Any person desiring to use or maintain any vault, space, room or structure under any street or sidewalk of the City shall make a written application to the Director of Public Works or his designee and shall state therein the size of the space intended to be used or maintained and the purpose for which it is to be used. Each application shall contain a statement by the applicant that he has read the provisions of this chapter and agrees to comply with the provi- sions of this chapter." Section 4. That Chapter 13.16 of Title 13 entitled "Street Openings and Closings" of the Elgin Municipal Code, 1976, as amended, is hereby amended to read as follows: - "13.16 STREET OPENINGS AND CLOSINGS eft 13.16.010 Permit Required It shall be unlawful for any person, firm or corporation to tunnel under or to make any excavation in any street, alley, or public right-of-way in the City without first making application for, and obtaining a permit from, the Engineering Division of the Department of Public Works as provided:in this ordinance. The provisions of any ordinance granting a franchise to a public utility now in effect or which shall be in effect shall prevail over the pro- visions of this ordinance when the same shall be in conflict therewith. 13.16.020 Application Applications for permits shall be made at the Engineering Division of the Department of Public Works and shall show: A. The location, extent and details of the proposed work and description of abutting property, by means of sketch, if required; B. The name and address of the person for whom the work is being done; C. The name and address of the person performing the work; D. That the applicant has certified that he is authorized to act in behalf of the owner (if other than the owner applies) and has reviewed a copy of the ordinance codified in this chapter and specifications applicable thereto and will comply with the provisions contained therein, and will comply with all other ordinances of the City applicable to the work, including barricades, safety and traffic regulations; E. Estimated cost of work, when deemed necessary; F. Proof of appropriate insurance shall be on file with the Engineering Division; G. Estimated date of commencement and completion of work; however, in no case shall the completion of the work be later than six (6) months after the date the permit is issued; provided that, at the time of application the City Engineer may, for work of considerable magnitude, authorize such six (6) month limit extended for a definite period of time necessary to complete the work, provided further that the City Manager may extend the permit time limit at any time prior to the expiration thereof where the permittee has made application in writing to the City Engineer setting forth the justification for such exten- sion and the City Manager finds such extension of time is justified. In the event the applicant elects to construct a temporary patch in an existing paved street to be replaced later by a permanent patch, the following procedure on this portion of the work only shall apply: 1. Temporary patch work shall be completed within time limits as set forth in this subsection. The applicant shall inspect such patch at regular and not to exceed monthly intervals, or on notification by the City, and maintain the patch in good condition and to finish pave- ment grade at all times. The applicant shall notify the City Engineer upon completion of all temporary patches. 2. Temporary patches placed prior to October 1st of each year shall be replaced by permanent patches within sixty (60) days but in no case later than the first frost of each year. Temporary patches placed after October 1st of each year shall be replaced by permanent patches prior to May 1st of the following year. Exceptions to these requirements may be made by the City Engineer due to weather conditions making the provisions inoperative; H. Such other information as the City Engineer deems reasonably necessary for the determination of whether a permit should be issued hereunder. In the event of emergency work during working hours , persons shall contact the City in person or by phone, describing work and location and reason for necessity of proceeding immediately and shall obtain verbal approval from the City Engineer, Director of Public Works, or City Manager. Formal application covering such work shall be made within twenty-four hours thereafter. In the event an emergency arises after working hours or on days when the city offices are closed, work may be accomplished in accordance with this chapter, followed by formal application on the next working day; provided, that the Police Depart- ment is immediately notified in person or by telephone of the emergency by the person performing the work. 13.16.040 Denial of Permit Permits may be denied if the applicant shall have previously failed to follow the provisions of this ordinance or to correct improper work after due notification by the Engineering Division of the Department of Public Works. 13.16.050 Fees A. Permit Fee. Permit fees shall be as stated in Chapter 16.48. B. Simultaneous Work. A permit may be issued for more than one (1) cut or street opening provided that the work is in one (1) contiguous area (lying in connecting street blocks). 13.16.060 Bonds The following bonds or equivalent shall accompany an application for permit hereunder and such bonds shall be in a form approved by the Corporation Counsel. A. Construction and Maintenance. The applicant shall furnish the City a maintenance and construction bond to be filed with the application for a permit in an amount equal to the estimated cost of the work to be done and conditioned that such work shall be done in accordance with specifications on file in the Engineering Division and guaranteeing the same for a period of one (1) year after date of completion. In lieu of individual bonds and with the approval of the Director of Public Works the applicant may file with the City a blanket bond on or before January 1st of each year in an amount equal to the total cost of street work done by the applicant in the preceding calendar year conditioned as specified for individual permit bonds. In the event the Director determines that the work in any one (1) year may exceed this amount, the Director may require an additional bond to be filed in an amount estimated to cover the cost of the work he estimates will be performed during the balance of the year. In any case where the permittee fails to comply with the requirements of this ordinance or defaults, the Director of Public Works shall order comple- tion or correction of the work by the City and shall recover the cost from the permittee as provided by law. 13.16.070 Specifications A. All work performed under permits issued in accordance with this ordinance shall be done in conformity with specifications stated in Chapter 13.04. B. In addition, the work shall meet the following requirements: 1. The operation will not interfere unreasonably with vehicular and pedestrian traffic, the demand and necessity for parking spaces, and the means of ingress or egress___from the property affected and adjacent properties. Where pedestrian traffic must be detoured, temporary sidewalks shall be constructed or provided which shall be safe for travel and convenient for users; 2. The contractor is responsible for notifying the private utility companies for existing utility locations; 3. The health, welfare and safety of the public will not be impaired reasonably. 13.16.080 Supervision elh A. The Director of Public Works shall enforce the provisions of this ordinance and shall from time to time cause inspections to be made of work under permits to ensure that provisions of this ordinance and specifications are being followed. B. Notice shall be given the Director of Public Works by the permittee forty-eight (48) hours in advance of commencement of work under a permit. 13.16.090 Permit Revocation A. The Director of Public Works may revoke any permit and stop work upon finding that work is not being done in accordance with this chapter and applicable specifications. B. Where no work commences under a permit within six (6) months of date of issuance of the-2permit, such permit shall become null and void and a new application must be submitted for the work. Lack of required notifica- tion by permittee to the Engineering Division of the Department of Public Works prior to expiration dates will be prima facie evidence to cause nulli- fication of permit." Section 5. That Chapter 13.20 of Title 13 entitled "Trees and Shrubs" of the Elgin Municipal Code, 1976, as amended, is hereby amended to read as follows: "13020 TREES AND SHRUBS 13.20.010 Planting - Permit Required All It shall be unlawful to plant any tree or plant material in any public right-of-way without having first secured a permit from the Department of Public Works, All trees and shrubs so planted shall be placed subject to the specifications and approval of the Director of Public Works. 13.20.020 Removal and Trimming It shall have unlawful to trim, cut or remove any tree or portion thereof in the public right-of-way without approval of the Department of Public Works. 13.20.030 Damage It shall be unlawful to damage any tree or shrub planted in any public place, 13.20.040 Advertisements or Notices It shall be unlawful to attach any sign, advertisement or notice to any tree or shrub along any street, parkway or other public place. 13.20.050 Hazardous or Obstructing Trees A. Any tree or shrub which overhangs the sidewalk, street or other public place in the City at a height less than ten (10) feet or in such a way as to impede or interfere with traffic or travel on such public place or any tree or limb of a tree which has become likely to fall on or across any public way or place, shall be trimmed or removed by the owner of the abutting premises or of the premises on which such tree or shrub grows, so that the hazard or obstruction shall cease. B. The Department of Public Works shall send written notice to the property owner advising that their tree or shrub is an obstruction or in a hazardous condition and must be repaired or removed. C. In the event that such tree or shrub has not been trimmed or removed within ten days from mailing or in an emergency situation, the Department of Public Works may trim or remove said tree or shrub so that the obstruction or danger to traffic or pedestrians shall be eliminated. The owner of the premises shall be charged for any such removal or trimming, based upon the costs incurred. 13.20.060 Wires A, It shall be unlawful to attach any wires or rope to any tree or shrub in any public right-of-way without the written permission of the Director of Public Works. B. Any person, firm or corporation given permission to maintain poles and wires in the streets, alley or other public places in the City shall keep such wires and poles free from and away from any trees or shrubs in such places so far as may be possible, and shall keep all such trees and shrubs properly trimmed, subject to the supervision of the Director of Public Works, so that no injury shall be done either to the poles and wires or the shrubs and trees by their contact. A • 13.20.070 Excavations In making excavations in streets or other public places, proper care shall be taken to avoid injury to the roots of any tree or shrub, wherever possible.' All appropriate utility companies (public and private) shall be notified prior to any excavation." Section 6. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 7. That this ordinance shall be in full force and effect from and after its passage and publication in the manner provided by law. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: May 24, 1,978: Passed: May 24, 1978 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: s/ Marie Yearman Marie Yearman, City Clerk