[Adopted 6-28-1988 as Title 4, Ch. 1 of the 1988 Code]
A.
Grades to be established. The grade of all streets,
alleys and sidewalks shall be established by resolution by the Village
Board and the same recorded by the Clerk-Treasurer in his office.
No street, alley or sidewalk shall be worked until the grade thereof
is established. In all cases where the grade of sidewalks shall not
have been specifically set by ordinance, the sidewalks shall be laid
to the established grade of the street. All such grades heretofore
established are hereby confirmed.
B.
New sidewalk grade. Whenever a street shall be improved
for the first time or the grade thereof changed and the street improved
so as to conform to the new grade, the grading of the sidewalk shall
be considered a part of the improvement and shall be let by contract
with the other work of improving such street, and the expense thereof
shall be provided for and borne in all respects like that of improving
the street, but the construction of the sidewalk shall be done by
the owners of the abutting lots or parcels of land or at their expense
as hereinafter provided. Before such construction is commenced by
the owners of the abutting lots or parcels of land, the Village Board
or its designee shall, upon application by the respective owners for
a sidewalk grade, cause such sidewalk grade to be established. The
cost of furnishing such grade shall be borne by the Village.
No person shall alter the grade of any street,
alley, sidewalk or public ground or any part thereof in the Village
by any means whatsoever unless authorized or instructed to do so by
the Village Board or its authorized designee. All such alterations
of grade shall be recorded in the office of the Clerk-Treasurer.
A.
Elevation. The grade or elevation of all underground
construction shall be three feet below the established grade of the
street, alley, park, public property, or easement. The three feet
shall be measured between the top of the established grade and the
top of the underground construction.
B.
Approval of location. The location of any and all
such underground construction must have the approval of the Director
of Public Works.
C.
Filing plans. Complete plans for any such construction
must be filed with and be approved by the Director of Public Works
before construction can be begun.
D.
Inspection. On request of the Director of Public Works,
the utility company must provide opportunity for him to check any
construction before it may be covered.
E.
Conflict with other utilities. If the grade or elevation
herein set for the underground construction of utilities shall, in
any instance, conflict with other existing utilities, the utility
shall be required to lower the elevation of its underground construction,
or of the storm sewer, at the election of the Director of Public Works
and in accordance with his directions and specifications.
F.
Establishment of grade. At the request of the utility
company, the Director of Public Works shall, at the Village's expense,
give the utility company an established grade on any streets, alleys,
public parks or easements where it proposes to install underground
utilities.
G.
Emergency. In case of an emergency, when immediate
action is necessary in order to protect life or property, the utility
company may proceed with underground construction subject to obtaining
the approval of such work by the Director of Public Works as soon
thereafter as is reasonably possible.
H.
Restoration of surface. In the event of any such underground construction, the utility company shall leave the surface of the ground, or road, in the same condition as before said work was commenced, and in the event of its failure so to do, the Village may proceed to place the surface of the ground or street in such condition at the utility company's expense. Such work shall comply with the provisions of §§ 360-6 and 360-7.
I.
No relief from obligations. Compliance with this section
does not relieve the utility company from any responsibility of any
kind whatsoever by reason of the widening of the travelway or any
other improvements which may become necessary, nor does it relieve
it from any liability of any kind or nature whatsoever. Compliance
with this section shall not relieve the utility company from the responsibility
or obligation of removing, relocating, or moving any of its mains,
pipes, or property due to the opening, widening, or improving of streets,
or due to any other changes which may occur by reason of which such
moving, relocation, or removing may be necessary.