For the purpose of regulating the installation
of curbs on the streets and parkways of the Village and the beautification
of the area between the curbline and the property line, the following
regulations are established:
A. No curb or its equivalent shall be constructed unless
and until an application has been filed with the Village and a permit
therefor has been issued by the Board of Trustees or by some person
designated by the Board of Trustees for that purpose.
B. Such application shall be in writing and signed by
the owner of the property in front of which the curb is to be constructed
or by his duly authorized agent or representative and shall be accompanied
by an examination and permit fee and a deposit or road restoration
bond as provided in Ch. A149, Fees.
[Amended 7-11-1985 by L.L. No. 3-1985]
C. Such application shall describe the type of curb to
be installed, the location thereof with reference to the property
line, the pavement and any existing installations or topographical
features, the character of the foundation and the beautification,
if any, proposed for the area between the curb and the property line;
it shall conform to the regulations now or hereafter provided by the
Village and shall contain such additional information as the Board
may require.
D. The curb shall be of the type commonly known as "Belgian
blocks," of which the individual blocks shall be not less than six
inches in height and approximately four to five inches in width, shall
be set in a cement or concrete base at least two inches deep, shall
project to a uniform height not less than three inches nor more than
six inches above the surface of the ground of the roadway side, shall
be firmly cemented together and shall comply with Village specifications
on file in the Village office.
[Amended 4-14-1966 by Ord. No. 88]
E. The curb shall be located at a uniform distance from
the center of the pavement, such distance to be designated by the
Board of Trustees for each street or parkway in the Village. It shall
connect with any curb that may exist in front of adjacent properties
so as to form a continuous and uniform line of curb.
F. Round stones, boulders or irregular blocks or lengths
of curbing shall not be permitted.
G. The area between the curb and the property line may
be graded and planted with grass or shade trees but shall not be obstructed
to an extent which would prevent its use by pedestrians.
H. The Board of Trustees may impose additional conditions,
whether or not consistent with the regulations provided in this chapter,
and such conditions shall be complied with.
I. Any curbing or other installations, planting or improvements
now existing may be continued not later than January 1, 1960, or such
earlier date as may be designated by the Board of Trustees, but must,
on or before such date, be removed or rearranged so as to conform
with the regulations hereby established.
J. Any such curbing or other installations are constructed
and maintained upon the following understanding and agreement, to
which the owner or occupant of the adjoining property, by applying
for or consenting to the issuance of a permit, acknowledges and agrees:
(1) The land from property line to property line is held
by the Village for the public use by the residents and property owners
of the Village, and the Village may, at any time without notice, remove
any and all such curbs, installations and planting, without liability
on the part of the Village and without any claim on the part of the
property owner for compensation or damages.
(2) The Village shall not be under any duty to repair
or maintain the same or be under any liability in case of damage thereto
by the Village, its officers, agents or employees, whether due to
negligence or otherwise.
(3) The property owner will defend, indemnify and save
harmless the Village from any claims, suits, judgments or damages,
including counsel fees, arising out of the presence or condition of
said curbs, installations or plantings.
(4) In case the Village shall alter or relocate the pavement
in relation to which curbing has been installed, the property owner
will, forthwith on demand, at his own cost and expense, reconstruct
the said curb and other installations so as to conform with the pavement
as so altered or relocated.
K. In case any property owner fails to comply with any
of said regulations or conditions, or in case any curb, installation
or plantings are found to exist which fail to comply with the same,
the Village may forthwith without notice remove the same or may, after
10 days prior notice to the property owner, relocate or reconstruct
the same and assess the cost thereof against the abutting land. Any
materials so removed by the Village shall become the property of the
Village without compensation to the property owner.
L. Any exterior
construction, repair, or alteration requiring a building permit must
include:
[Added 12-10-2009 by L.L.
No. 5-2009]
(1) The
installation of Belgium blocks approved by the Building Inspector
as curbing extending from the two farthest frontage points of the
homeowner's property running across or around all of the surrounding
streets, whether public or private.
(2) The
repair or replacement of existing curbing approved by the Building
Inspector consisting of Belgium blocks.