[Adopted 3-28-2006 by L.L. No. 5-2006]
The purpose of this article is to specify when it may be permissible
for an individual or entity to work within the right-of-way owned
or maintained by the Village of Lima, and the conditions and/or requirements
consequent upon being permitted to perform such work within the right-of-way.
A.
No person or entity shall be authorized to work within a dedicated
street or right-of-way owned and/or maintained by the Village of Lima,
as such term(s) may be defined in this article of the Code of the
Village of Lima, unless such person or entity has received written
authorization from the Village Superintendent of Public Works. This
prohibition is intended to safeguard and preserve Village roadways,
sidewalks, utility infrastructure and ditching and other public improvements
located within a Village right-of-way from damage or degradation.
B.
Consonant with statute and opinion, the term "right-of-way" includes
roads, pavement, sidewalk, paths, utility lines, conduits and infrastructure,
ditching, and any and all public improvement or infrastructure within
the public right-of-way area. The public street or right-of-way of
the Village is that area that is under the ownership and/or control
of the Village and used for public passage by vehicles and/or pedestrians.
The width of each street or right-of-way has been established in each
instance, and such information may be obtained from the Village Clerk
and/or the Village Superintendent of Public Works.
C.
The prohibition against "work" within a public street or right-of-way
is intended to mean and include any substantial earth moving, change
of grade, disruption of the surface of roads or public paths or passageways,
diversion of surface waters, relocation of subsurface utility lines
and conduits, trenching or ditching, and any and all such similar
action upon the public lands that are within the ownership and/or
control of the Village of Lima or part of the Village's transportation
right-of-way.
A.
In the event that any person or entity shall seek to perform work
as defined herein within the Village's street or right-of-way, such
person or entity must:
(1)
Apply to the Village Clerk for a permit to undertake work within
the public right-of-way. Said permit application shall be made in
writing by the applicant, and must specify:
(2)
If the Village Clerk so determines, a specific application form may
be prepared and required to be used by the applicant; if no specific
form is prescribed, the application must be in a written form submitted
by the applicant.
B.
A permit fee may be established and collected for this purpose by
the Village Board, in an amount set by said Board, from time to time.
C.
The Village Clerk shall refer the application to the Village Superintendent
of Public Works within one day of submission by applicant. The Village
Superintendent of Public Works shall have up to two additional days
within which to approve the application, to disapprove it, or to require
more information before acting upon it. If the Superintendent requires
any additional information, the permit applicant must furnish it before
a permit shall be granted.
D.
No permit will be granted unless and until the Village Superintendent
of Public Works is satisfied that the permit applicant or the agent
thereof is qualified by skill and experience to undertake and complete
said work within the Village's street or right-of-way.
Apart from and in addition to any permit fee, the permit applicant
shall be required to post a cash bond equal to 150% of the cost of
completion of the work to be performed for the purpose of securing
the integrity and good condition of the public right-of-way, including
its improvements and enhancements. The amount of the cash bond shall
be determined by reference to a work order or contract between the
applicant and its customer, but such work order or contract must be
deemed to be reasonably correct, sufficient, and verifiable by the
Village Superintendent of Public Works. Said bond shall be remitted
to and held by the Village Clerk in a non-interest-bearing account,
and shall be returned to the permit applicant only when the Superintendent
of Public Works has authorized its return upon inspection and satisfactory
approval of the completed work within the street or right-of-way.
A.
Permission and authorization to perform work within the right-of-way
of the municipality is a privilege to be extended in appropriate circumstances,
and not a right to be asserted by any party. Such permission and authorization
is and shall always be discretionary on the part of the municipality,
and may be withheld by the municipality in the reasonable discretion
of the Village Clerk and/or the Village Superintendent of Public Works.
B.
If, upon compliance by the applicant of all requirements set forth
in this article and prescribed by the Village Superintendent of Public
Works, an applicant is given permission and authorization to proceed
to work in the public right-of-way, and subsequently the permitted
applicant causes a situation which is deemed by the Village Superintendent
of Public Works to be hazardous or detrimental to the public health
or wellbeing, the Superintendent shall be specifically authorized
to address and/or remedy the public hazard or detrimental situation.
In such event, the reasonable cost of remedying the public hazard
or detriment to public safety or wellbeing shall be levied upon the
permitted applicant, and the cash bond posted by the permitted applicant
may be used by the Village to defray the cost of the emergency repair
or service by the Village Superintendent of Public Works or his designated
party.
C.
If the permitted applicant fails to complete a job undertaken within
the public right-of-way within a reasonable time period, or in a manner
reasonably acceptable to the Superintendent of Public Works, the Superintendent
shall be entitled to give the permitted applicant written notice to
complete the work authorized within no more than 48 hours of the time
of the notice; failure to so complete the job undertaken within the
public right-of-way within the specified time will authorize the Village
Superintendent of Public works or his designated party the right to
complete said job. In such event, the reasonable cost of completing
the work authorized within the public right-of-way to the reasonable
satisfaction of the Village Superintendent of Public Works may be
withdrawn from the cash bond posted by the permitted applicant, and
may be used by the Village to defray the cost of the repair or completion
of the work initially undertaken by the permitted applicant by the
Village Superintendent of Public Works or his designated party.
This article shall be effective immediately upon filing thereof
with the Secretary of State.
