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HomeMy WebLinkAboutOrdinances - MC-07-938 - 11/12/2007 - AMEND AND UPDATE MC CH 21 STREETS AND SIDEWALKSOrdinance No. MC-07- 938 An Ordinance providing for updates to Chapter 21 of the City of McHenry Municipal Code. BE IT ORDAINED by the CITY COUNCIL of the CITY OF MCHENRY, McHenry County, Illinois as follows: SECTION 1: That Chapter 21 Streets and Sidewalks of the City of McHenry Municipal Code is hereby repealed and replaced with the following: MUNICIPAL CODE CHAPTER 21 STREETS AND SIDEWALKS* ARTICLE I. IN GENERAL Sec. 21-1. General supervision.** All maintenance and repair of public streets, alleys, sidewalks and other public ways shall be under the supervision and the direct control of the Director of Public Works. The Director shall be charged with the enforcement of all ordinances pertaining to such public ways (except traffic ordinances) and is hereby authorized to enforce such ordinances. Sec. 21-2. Permits for construction.*** It shall be unlawful to construct or lay any pavement on any public street, sidewalk, alley or other public way, or to repair the same, without first having secured a permit therefor subject to the following: 1. Applications for such permits shall be made to the Director of Public Works; 2. Application shall state the location of the intended pavement or repair, the extent thereof, and the person or firm who is to do the actual construction work; 3. Application submittal shall be accompanied by an approved Performance Bond in an amount acceptable to the Director of Public Works. Said Bond shall be kept on file in the Office of the City Clerk; 4. Application submittal shall be accompanied with a Certificate of Insurance naming the City of McHenry as additionally insured. 5. No such permit shall be issued except on order of the Director of Public Works. Sec. 21-3. Specifications; acceptance of work. All street, sidewalk and alley pavements shall be in conformity with uniform specifications which shall be laid down or approved from time to time by the Council, and all completed work shall be accepted by the City only upon approval by the City Engineer or Director of Public Works. Sec. 21-4. Injury to new pavements. It shall be unlawful to walk upon or drive any vehicle or animal upon, or injure any newly laid street, sidewalk or alley pavement while the same is guarded by a barricade, or to knowingly injure any soft or newly laid pavement. * Cross Reference - Posting advertising on public ways, Sec. 3-1; use of streets during construction operations, Sec. 7-14; obstructing, removing sidewalks during construction operations, Sec. 7-15; regulation of moving of buildings, Sec. 7-161 et seq.; taking materials from public property, Sec. 14-20; traffic, Ch. 13. ** Cross Reference - Director of Public Works, Sec. 2-129 et seq. * * * Cross Reference - Permits generally, Ch. 12. Sec. 21-23. Unlawful curb cuts. It shall be unlawful to cut any concrete curb and gutter in any street in the City for use in connection with the discharge of sump pump water into the street, or for any other purpose, provided, however, that curb cuts may be permitted in conjunction with a driveway permit issued pursuant to the ordinances of the City. Secs. 21-24 - 21-31. Reserved. ARTICLE H. EXCAVATIONS AND TUNNELING* Sec. 21-32. Permit required.** It shall be unlawful for any person to tunnel under or to make any excavation in any street, alley or other public place in the City without having obtained a permit as is herein required, or without complying with the provisions of this Article or in violation of or variance from the terms of any such permit. Sec. 21-33. Application for permit. Applications for permits required by this Article shall be made to the Director of Public Works and shall include the following: 1. Description of the location of the intended excavation or tunnel; 2. The size of the project; 3. The purpose of the project; 4. The person doing the actual excavating work; 5. The name of the person for whom the work is being done; 6. An agreement that the applicant will comply with all ordinances and laws relating to the work to be done; Sec. 21-34. Permit fee. Before any excavation is started, the contractor or owner shall pay to the Director of Public Works a $15.00 permit fee. (MC-94-617) Sec. 21-35. Insurance required. No excavating permit shall be issued to the applicant until such applicant has filed with the City Clerk a certificate of public liability insurance coverage, in the sum of $1,000,000,000, to indemnify the City for any claim, loss, liability or damage that may result or accrue from or be caused by the making, existence, or manner of guarding or constructing any such tunnel or excavation. Sec. 21-36. Deposit required. In addition to the public liability insurance coverage required by Section 21-35, the applicant shall deposit with the City Clerk cash in an amount equal to 25% of the cost of the project, or an amount to be determined by the Director of Public Works, whichever is greater, for which the permit is being sought, if the pavement is to be broken. The minimum deposit shall be $500.00. The purpose of this deposit is to insure the proper restoration of the pavement. From this deposit shall be deducted the cost and expense to the City of restoring the pavement, and the balance thereof shall be returned to the applicant without interest after the tunnel or excavation is completely refilled and the pavement is restored. * Cross Reference - Precautions to protect trees during excavations, Sec. 24-14; excavations for water service pipes, Sec. 26-34. * * Cross Reference - Permits generally, Ch. 12. Sec.21-37. Supervision. The Director of Public Works shall from time to time inspect, or cause to be inspected, all excavations and tunnels being made in or under any public street, alley or other public place in the City to see to the enforcement of the provisions of this Article. Notice shall be given to the Director of Public Works at least 48 hours prior to the start of any work in or under any public street, alley or other public place in the City. Sec. 21-38. Manner regulated. (a) It shall be unlawful to make any such excavation or tunnel in any way contrary to or at variance with the terms of the permit therefore. (b) Proper bracing shall be maintained to prevent collapse of adjoining ground; and, in excavations, the excavation shall not have anywhere below the surface any portion which extends beyond the opening at the surface. (c) No injury shall be done to any pipes, cables or conduits in the making of such excavations or tunnels; and notice shall be given to the persons maintaining any such pipes, cables or conduits or to the City department or officer charged with the care thereof, which are or may be endangered or affected by the making of any such excavation or tunnel before such pipes, cables or conduits shall be disturbed. (d) No unnecessary damage or injury shall be done to any tree or shrub or the roots thereof. Sec. 21-39. Restoring surface. Any person making any excavation or tunnel in or under any public street, alley or other public place in the City shall restore the surface to its original condition. Refills shall be properly tamped down, and any bracing in such tunnel or excavation shall be left in the ground. Any opening in a paved or improved portion of a street shall be repaired and the surface re-laid by the applicant, in compliance with the ordinances of the City and under the supervision of the Director of Public Works. Sec. 21-40. Temporary sidewalks required. If any sidewalk is blocked by any such work a temporary sidewalk shall be constructed or provided which shall be safe for travel and convenient for users. Secs. 21-41- 21-51. Reserved. ARTICLE III. Reserved. Secs. 21-52 — 21- 70. Reserved (MC-04-850) ARTICLE IV. ENCROACHMENTS. Sec.21-71. Definitions. Definitions as used in this Article: Construction easement area is defined as that area lying between the project right-of-way limits and the platted street limits within which the City, by concurrence in the establishment of the project right-of-way lines, will permit the State to enter to perform all necessary construction operations. Encroachment is defined as any building, fence, sign, or any other structure or object of any kind (with the exception of utilities and public road signs), which is placed, located, or maintained in, on, under, or over any portion of the project right-of-way or the roadway right-of- way where no project right-of-way line has been established. Permissible encroachment is defined as any existing awning, marquee, advertising sign or similar overhanging structure supported from a building immediately adjacent to the limits of the platted street where there is a sidewalk extending to the building line and which does not impair the free and safe flow of traffic on the highway; the permissive retention of overhanging signs is not to be construed as being applicable to those signs supported from poles constructed outside the project right-of-way line and not confined by adjacent buildings. Project right-of-way is defined as those areas within the project right-of-way lines established jointly by the City and State, which will be free of encroachments except as hereinafter defined. Roadway right-of-way is defined as those areas existing or acquired by dedication or by fee simple for highway purposes; also, the areas acquired by temporary easement during the time the easement is in effect. Sec.21-72. Prohibited. It shall be unlawful for any person to erect or cause to be erected, to retain or cause to be retained, any encroachment, except as provided in Section 21-74, within the limits of the project right-of-way or roadway right-of-way where no project right-of-way lines have been established. Sec. 21-73. Project right-of-way lines established. Project right-of-way lines have been established at the following locations: .Along the north and south sides of Waukegan Street at the right-of-way line. Sec. 21-74. Permissible encroachments. Revocable permits have been issued by the City for the temporary retention of the following permissible encroachments: None. Sec. 21-75. Provisions declared additional. This Article is intended to and shall be in addition to all other ordinances, rules and regulations concerning encroachments and shall not be construed as repealing or rescinding any other ordinance or part of any ordinance unless in direct conflict therewith. See.21-76. Penalty. Any person violating this Article shall be fined not less than $50.00 nor more than $750.00 for each offense, and a separate offense shall be deemed committed for each and every day during which a violation continues or exists. (MC-96-654) Secs. 21-77 - 21-88. Reserved. SECTION 2: If any section, paragraph, subdivision, clause, sentence or provision of this Ordinance shall be adjudged by any Court of competent jurisdiction to be invalidate or nullify the remainder thereof, which remainder shall remain and continue in full force and effect. SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: This Ordinance shall be in full force and effect upon its passage, approval and publication in pamphlet form (which publication is hereby authorized) as provided by law. Passed and approved this 12t` day of November, 2007. Voting Aye: SANTI, GLAB, SCHAEFER, MURGATROYD, WIMMER, PETERSON, CONDON `doting Nay: NONE Not Voting: NONE Absent: NONE Abstain: NONE i Mayor (SEAL) ATTEST: (' Ci Clerk 0