[Adopted as § 30P.05(9) of the 1961 Code]
For the purpose of this article, the following terms shall have
the meanings indicated:
Any creek, ravine, gully, channel, hollow, swale, or depression,
or any artificial ditch, drain, culvert or pipe, through or over which
surface water continuously or periodically flows in its natural course.
No person shall build, erect or construct any highway, driveway, bridge, culvert or structure or place any obstruction of any nature in, upon, across, over or through any watercourse, whether such crossing or obstruction shall be located on public or private lands, within the Village without first making application therefor and obtaining a permit so to do from the Building Inspector. Such application shall be accompanied by an application fee as described in Chapter 63 of this Code. The application must include a diagram, drawn to scale, showing the lot and adjacent Village right-of-way, the location of the proposed structure/culvert, and all trees that are two inches in diameter at breast height (dbh) or larger within the Village right-of-way and within 20 feet of any construction or excavation activity. If any tree within the Village right-of-way is removed, reimbursement and replacement are required pursuant to § 310-3F of this Code, even if such removal is authorized and is not in violation of § 310-3.
No building permit shall be issued unless the applicant certifies
that a culvert will be installed under a driveway leading from the
public highway to the lot prior to commencement of construction, in
accordance with the ordinances of the Village and with this article.
All culverts installed or reinstalled in any public way shall
be of corrugated copper-steel, with a minimum inside diameter of 12
inches and of wall thickness as set forth by the Director of Public
Works/Village Engineer. The Director of Public Works/Village Engineer
can, in specific cases, allow the use of other materials.
A.
The minimum length of culverts shall conform to the following:
|
Length of Culvert
|
Ditch Depth
| |
|---|---|---|
|
20 feet
|
1 foot 9 inches
| |
|
22 feet
|
1 foot 9 inches to 2 feet 9 inches
| |
|
24 feet
|
2 feet 9 inches to 3 feet 9 inches
| |
|
26 feet
|
3 feet 9 inches to 4 feet 3 inches
|
B.
The depth of ditch shall be measured from the crown of the road to
the bottom of the ditch.
[Amended 9-13-2018 by Ord. No.
2018-08]
A.
Setting of culverts. After the permit has been issued, the owner
or his representative shall notify the Department of Public Works
at least 48 hours prior to the setting of the culvert, and the Department
shall establish the required grade of the culvert. The owner shall
then have the culvert installed in accordance with the requirements
set forth by the Director of Public Works/Village Engineer and, after
the culvert has been installed, shall notify the Department of Public
Works. After such notification, the Department of Public Works shall
inspect the installation. If the installation does not conform to
the requirements of the Director of Public Works/Village Engineer,
the Building Inspector shall notify the owner and shall place a time
limit on correcting the installation. In the event that the correction
is not made in the required time, penalties as set forth by this article
shall be enforced.
B.
Prohibited culvert installation. No person, firm, or corporation shall install or cause the installation of any culvert which is within or will allow access to a public right-of-way or easement in the Village unless authorized specifically by the Director of Public Works/Village Engineer. Any culvert installed in violation hereof shall be removed by the owner of the property serviced by the culvert within 10 days following written notification of such violation by the Director of Public Works/Village Engineer. If not removed within the prescribed time period, the Director of Public Works/Village Engineer shall have the culvert removed and, if necessary and warranted, a legal culvert installed. The property owner shall pay all expenses for any such removal as well as the costs involved in the installation of a legal culvert. All costs and expenses shall be charged to the property owner pursuant to § 67-17 of this Code.
C.
Continuing responsibility for culvert. Every property owner has the continuing responsibility and obligation to maintain and repair the culvert(s) servicing their property. Should any culvert reach such a condition or state of disrepair or be damaged to such extent that the flow of drainage or access by motor vehicles is affected thereby, the property owner shall take whatever actions are necessary to repair or replace said defective culvert. In the event a property owner shall fail to maintain a culvert in good repair or install a replacement culvert as required, the Director of Public Works/Village Engineer shall have the right to proceed, after notification as outlined in Subsection B to repair or replace the defective culvert at the expense of the property owner and recover all costs incurred as prescribed by Subsection B.
A.
No owner, occupant or person in charge of public or private land
within the Village shall construct, maintain or permit to exist any
obstruction in a watercourse on such land, whether such obstruction
is artificial or of natural causes, which shall reduce the capacity
or rate of flow of such watercourse so as to prevent or otherwise
adversely affect the drainage of surface water from other lands adjacent
to or in the vicinity of such land; provided, however, that no obstruction
shall be prohibited by this subsection or be deemed in violation thereof
if the same is due to natural causes and its removal cannot be effected
at a reasonable cost by the owner, occupant or person in charge of
the land on which such construction is located.
[Amended 11-11-2014 by Ord. No. 2014-08]
B.
If any watercourse is obstructed in violation of Subsection A of this section, whether such obstruction arose before or after April 18, 1958, or was installed or maintained pursuant to a permit under this article, the owner or occupant of any lands (other than public highways and lands owned by the Village) affected or damaged by such obstruction may, in writing, request the removal or remedying thereof by such owner, occupant or person in charge of the land where such obstruction is located. If such removal or remedying is not made within six days after receipt of such written request, the owner or occupant of the lands so affected may make complaint to the Village Manager, filing at the same time a copy of the written request, and the Village Manager, after viewing the watercourse and being satisfied that the complaint is just, shall make his recommendations for the removal of such obstruction or the taking of such remedial action as may be appropriate to maintain the capacity and rate of flow of such watercourse, and if such recommendations are not followed within 20 days after service upon the owner, occupant or person in charge of the lands of a written copy of the recommendations, the Village Board shall, after notice and hearing and determination that such removal or other remedial action is necessary to maintain the capacity or rate of flow of such watercourse or to prevent further damage, by resolution order the obstruction removed or other remedial action taken by the employees of the Village under direction of the Village Manager. The cost of such removal of the obstruction or other remedial action shall thereafter be determined, and by resolution of the Village Board, the Village Clerk/Treasurer shall be directed to place the same upon the tax roll as a special charge against the lands upon which the obstruction was located, and the same shall be collected as other special assessments are collected. Any interference with the officers, agents or employees of the Village in carrying out this section, other than by due legal proceedings, shall constitute a violation of this section.
C.
If, after viewing any such obstruction in a watercourse as is referred to in Subsection B of this section, the Village Manager shall be of the opinion that said obstruction prevents or otherwise adversely affects the drainage of a public highway or of Village-owned property, the Village Manager may, as though an "owner or occupant of any lands affected or damaged by such obstruction" under Subsection B of this section, in writing request the removal or remedying thereof by the owner, occupant or person in charge of the land where such obstruction is located, and if such removal or other remedial action is not consummated within 20 days after receipt of such written request of the Village Manager, the Village Manager shall present to the Village Board a copy of his request for such removal or other remedial action which was served upon said owner, occupant or person in charge of the land where the obstruction is located, whereupon the Village Board shall then proceed as provided for in Subsection B of this section.
