G41-78 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.
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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
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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