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]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[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. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
TEMPORARY STREET CLOSURE
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:
(a) 
Having an interest or position of management or control in such organization;
(b) 
Who are or will be engaged in organizing, promoting, controlling, managing or soliciting participation in such temporary street closure;
(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.