A.
No person or entity shall build, construct, work or encroach upon
a Village right-of-way, drainage easement or public utility easement
without obtaining a permit. Permission shall be in the form of a right-of-way
permit. The permit shall not be issued unless the person/entity pays
the permit fee and demonstrates that said work shall be in compliance
with applicable codes and standards.
B.
In the case of emergency work, the person/entity performing the work
shall notify the Village on the next working day after the emergency
and obtain the required permits within 48 hours of the emergency.
C.
A right-of-way permit may be revoked upon a determination by the
Village that the work being performed in a right-of-way is not in
conformance with the approved permit.
D.
In addition, should any action or claim be brought against the Village
as a result of a person/entity building, constructing, working or
encroaching upon the Village right-of-way, such person, whether written
permission was received or not, and whether the required insurance
was in effect or not, shall defend, indemnify, and hold the Village
harmless from any such actions or claims.
A.
The entire cost of constructing and maintaining the utility shall
be the obligation of the applicant. The location of the utility within
the road/highway right-of-way shall be as represented in the application
submitted as a basis of this consent and permit. It shall be the responsibility
of the applicant to determine the location of, and suitably protect
from damage, any underground facilities already in place in the area
influenced by the permitted work.
B.
All poles used in the construction of overhead transmission lines
shall be placed in a manner and location so as not to interfere with
use of the road/highway by the public or use of adjoining land by
the owners thereof.
C.
No trees or shrubs shall be cut, trimmed, or branches thereof cut
or broken in the construction or maintenance of the utility without
the consent of the owner of the tree.
D.
Any brush, trash, waste, or rubbish resulting from construction or
maintenance shall be removed from the road/highway. Construction and
maintenance operations shall be performed without closing any road/highway
to traffic except as may be specifically authorized by the Village.
All driveways shall remain open to vehicular traffic. Unless otherwise
authorized, two-way traffic shall be maintained at all times. Proper
barricades, signs, flags, lights and flagmen shall be provided and
maintained at all locations where construction and maintenance work
interferes with normal use of the road/highway.
E.
Any excavations shall be backfilled with suitable granular material,
placed in layers compacted mechanically to the density of the adjacent
ground. Any subsequent settlement or heaving shall be repaired to
the satisfaction of the Village.
F.
Temporary sheeting and shoring shall be used as necessary to prevent
soil caving in trenches and tunnels. Roadway surfaces, pavements,
structures, vegetation or other highway facilities damaged shall be
repaired or restored within 30 days from the date that construction
or maintenance work is begun in an area unless specific approval is
granted by the Village for additional time to complete restoration.
G.
Whenever any digging is done in the ditch, it must be restored to
its original state, i.e., topsoil, reseeded and mulched, gravel shoulders,
asphalt and/or erosion control fabric (if applicable), within 30 days.
H.
Upon completion of the work, written notice thereof shall be filed
with the Village Clerk.
I.
The Village reserves the right to stop any or all work if conditions
are not compatible.
J.
Compliance with other laws. Obtaining a permit to utilize the Village
right-of-way does not relieve the permittee of its duty to obtain
all other necessary permits, licenses, and authority and to pay all
fees required by any other municipality, county, state, or federal
rules, laws or regulations. A permittee shall comply with all requirements
of local, state and federal laws. A permittee shall perform all work
in conformance with all applicable codes and established rules and
regulations and is responsible for all work done in the right-of-way
pursuant to its permit, regardless of who does the work.[1]
[Amended 8-15-2013 by Ord. No. 2013-8-2]
No person shall construct, repair, maintain, build, or encroach
on a Village right-of-way with first obtaining a Village right-of-way
permit from the Village Clerk or designee.
Application for a Village right-of-way permit may be obtained
and filed with the Village Clerk, together with a fee established
by the Village Board from time to time. If any work commenced prior
to the issuance of the permit, the fee shall be doubled.
[Amended 8-15-2013 by Ord. No. 2013-8-2]
The Village Public Works Supervisor shall review the application
and shall issue the permit, along with additional requirements if
deemed necessary, as long as the permit is in compliance with this
article and all other appropriate Village regulations.
[Added 11-21-2013 by Ord. No. 2013-11-2]
A.
TEMPORARY STREET CLOSURE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
For the purpose of this chapter, a temporary street closure
shall mean a block party, parade, local special event, festival, celebration,
concert, or any similar occurrence conducted within the Village that
reasonably anticipates closure of the public right-of-way to limited
or no vehicular traffic for some specified period of time.
B.
License requirements. No person, firm, corporation or organization
shall participate in, advertise for or in any way promote, organize,
control, manage, solicit, or induce participation in a temporary street
closure unless a license has first been obtained from the Village
Clerk. No person, firm, corporation or organization shall violate
any of the terms of this subsection or the terms or conditions of
any license issued for a temporary street closure. No person, firm,
corporation or organization may join or participate in any permitted
activity under this subsection over the objection of the license holder
or in any way interfere with the progress or orderly conduct of the
temporary street closure.
C.
Fees. The temporary street closure fee shall be established by resolution
by the Village Board from time to time and shall be added to the comprehensive
fee schedule.
D.
Application. An application for a license for a temporary street
closure shall be made upon a form provided by the Village Clerk and
shall contain the following information:
(1)
The name, residence, business address, and phone number of each person
and organization sponsoring the temporary street closure. If an organization,
the application shall contain the names, residence and business addresses,
and phone numbers of the president or chairman thereof and all other
persons:
(2)
The date, or dates, and beginning and ending hours of such temporary
street closure;
(3)
The block or intersection in which such closure will occur;
(4)
The estimated number of persons who will participate in the event
requiring the temporary street closure;
(5)
The purpose of the temporary street closure;
(6)
Whether parking is requested to be restricted or prohibited during
such closure;
(7)
Whether any sound amplification equipment is proposed to be used,
and, if so, information describing such sound amplification. No sound
amplification equipment shall be used in any way contrary to the applicable
Village ordinances on sound amplification equipment;
(8)
Whether or not charity, gratuity, or offerings will be solicited
or accepted, or sales of food, beverages or other merchandise will
occur;
(9)
Whether such temporary street closure will occupy all or only a portion
of the street or intersection involved;
(10)
Such other information as the Village Clerk or designee deems
reasonably necessary;
(11)
List of affected properties and plan for informing the same.
E.
Application; time of filing. The application shall be filed not less
than 45 days prior to the scheduled date of such temporary street
closure. Failure to file on time will constitute denial of a license.
F.
Conditions imposed. Any license granted under this chapter may contain
conditions reasonably calculated to reduce or minimize the dangers
and hazards to vehicular or pedestrian traffic and the public health,
safety, tranquility, morals and welfare, including, but not limited
to, changes in time, duration, number of participants, or noise levels
and in the event that the event is intended to attract persons who
do not reside in the immediate area, the Village Clerk or designee
shall also require insurance indemnification by the applicant.
G.
Standards of issuance.
(1)
The Village Clerk or designee shall consider the following and all
other information available to him/her when determining whether, in
his or her discretion, to issue a license for temporary street closure:
(a)
The applicant has not knowingly and with intent to deceive made
any false, misleading or fraudulent statements of material fact in
the application for a license or in any other document required pursuant
to this section.
(b)
The applicant has met the standards in this section and paid
in advance any fee required and agrees to such conditions as are imposed
by the license.
(c)
The time, duration and size of the temporary street closure
will not substantially disrupt the orderly and safe movement of other
traffic.
(d)
The temporary street closure is of a site or nature such that
it will not require the diversion of so great a number of public safety
personnel of the Village as to prevent normal service to the Village.
(e)
The concentration of persons will not unduly interfere with
proper fire and police protection of, or ambulance service to, areas
contiguous to such street closure.
(f)
The temporary street closure will not unduly interfere with
the movement of firefighting equipment responding to a fire.
(g)
The temporary street closure will not unduly interfere with
the orderly operation of parks, hospitals, churches, schools or other
public and quasi-public institutions in the Village.
(2)
The Public Works Supervisor, Fire Chief and Washington County Sheriff's
Deputy shall consider each application and shall sign off on the issuance
of a license for temporary street closure, prior to issuance by the
Village Clerk.
H.
Notice of issuance or denial. Written notice of the issuance or denial
of a license shall be provided to the applicant within 20 days of
receipt of an application. If a license is denied, said written notice
shall state the reasons for denial. The Village Clerk may place certain
conditions of approval on such issuance of a license, to ensure the
orderly administration of the temporary street closure.
I.
Appeal. Upon the denial of a license by the Village Clerk or designee,
the applicant may appeal to the Village Board
J.
Waiver of limitations. For good cause shown, the Village Clerk or
designee may waive the time limitation established for filing an application
or for filing an appeal.
K.
Revocation. Any license for a temporary street closure issued pursuant
to this section may be revoked by the Village Clerk or designee at
any time when by reason of emergency disaster, calamity, disorder,
riot, extreme traffic conditions, violation of this section or of
any license conditions or undue burden on public services, he/she
determines, in his or her discretion, that the health, safety, tranquility,
morals or welfare of the public or the safety of any property requires
such revocation. Notice of revocation of a license shall be delivered
in writing to at least one person named upon the license by personal
service or by certified mail, or if the closure has commenced, orally,
or in writing, by personal contact or service, or by telephone. Continuance
of a temporary street closure after such notice has been delivered
is unlawful.
