CHAPTER 33 - STREETS
By Marilyn A. Herbeck
Apr 7, 2005, 08:01

CHAPTER 33

STREET REGULATIONS

ARTICLE I - DEPARTMENT ESTABLISHED


33-1-1 DEPARTMENT ESTABLISHED. There is hereby established a Department of the municipal government which shall be known as the Street Department. It shall embrace the Street Committee, the Superintendent, and the employees. The City Engineer shall serve as ex-officio officer.


33-1-2 COMMITTEE ON STREETS. The City Council Standing Committee on Streets shall exercise a general supervision over the affairs of the Street Department. It shall ascertain the needs and conditions thereof and shall, from time to time, report the same to the Mayor and City Council.


33-1-3 SUPERINTENDENT OF STREETS.
(A) Office Created. There is hereby created the office of Superintendent of Streets, an executive office of the City. The Superintendent of Streets shall be the head of the Department of Streets, and all officers and employees therein shall perform their duties subject to his supervision. The Superintendent of Streets shall be subject to the direction of the Council and the Committee on Streets, Alleys and Sewers.
(B) Appointment. The Superintendent of Streets shall be appointed by the Mayor by and with the advice and approval of the City Council.
(C) Vacancy in Office. In case of a vacancy in the office of Superintendent of Streets, the Mayor may appoint a Working Foreman of Streets who shall perform all the duties herein designated to be performed by the Superintendent of Streets. Upon the appointment of a Superintendent, the position of Working Foreman shall thereby be automatically vacated.


33-1-4 DUTIES OF SUPERINTENDENT.
(A) Supervisory Duties. The Superintendent of Streets shall be the head of the Department of Streets, and all officers therein shall perform their duties subject to his supervision.
(B) General Duties. The Superintendent of Streets shall be charged with the care and cleaning of all public streets, sidewalks, alleys and other public places in the City and with the enforcement of the ordinances relating thereto, excepting traffic ordinances. He shall have charge of all repairs to and construction of streets and sidewalks in the absence of provisions to the contrary.
 He shall also be charged with the repair, construction, care and cleaning of all public sewers and drains and enforcement of the ordinances relating thereto.
The Superintendent shall be an actual worker of the Street Department, performing actual labor in addition to his supervisory duties.
(C) Custodian of City Property. The Superintendent of Street shall be the custodian of all physical property of the City which is not given to the care of some other officer.
(D) Records Kept. The Superintendent of Streets shall keep an adequate record of all property, tools, equipment, etc., belonging to the City and in his custody, and he shall keep adequate records showing all of the activities of his Department.
(E) Reports. The Superintendent of Streets shall make such reports to the City Council as may be required by it from time to time or as may be required by statute.


33-1-5 CITY DATUM OR BENCH MARK. The datum or bench mark of the City is hereby established as the top of the marker of the United States Geological Survey located in the southeast corner of the public square in the original plat of the Town, now City, of Staunton. The elevation of this datum line or bench mark is hereby declared to be six hundred twenty-two (622) feet above sea level. All levels and grades for the City shall be based upon the aforesaid datum point.
ARTICLE II - GENERAL REGULATIONS


33-2-1 UNDERMINING. No person shall undermine in any manner, any street or any other ground or real estate situated in the City or belonging to any private person.


33-2-2 OPEN DOORS. No person shall open or allow to remain open, any door, any gate, or the grating of any vault belonging to the premises occupied by him, on any street, alley or sidewalk in the City for any purpose, except the taking in and removing goods; and any person allowing such grating to remain open shall warn passersby of the danger.


33-2-3 REPAIRING SIDEWALKS, ETC. Whenever any sidewalk, pavement, or cellar door on the same becomes worn out or out of repair, or is torn up or broken and uneven, it shall be the duty of the Street Superintendent to immediately report such fact to the Mayor or Street and Alley Committee, and upon verbal or written order from either of them, to give notice to the party owning the adjoining property to repair such sidewalk or cellar door without delay.


33-2-4 STAIRWAY - RAILING. Steps or stairways leading into any building shall not extend from the wall of such building onto any pavement or sidewalk, and in such case, the person making or causing to be made such passage shall erect a railing on the side of the stairs toward the street to prevent persons from falling into the street.


33-2-5 CLOSING STREET. Whenever public safety or the improvement or repair of any street, alley or public place requires it, the Mayor may order any street, alley, or public place temporarily closed to traffic and the placing of signs indicating that the street, alley or public place is closed by order of the Mayor. Whenever such signs are so placed, no person shall ride or drive upon or cross such street, alley or public place, or in any manner, destroy, deface, or remove any such sign.


33-2-6 SIGNS ACROSS STREET. No person shall place any sign, advertisement or banner over any or across any street, alley or sidewalk in the City, unless he has written approval of the City Council. (See 65 ILCS Sec. 5/11-80-17)
 33-2-7 VEHICLES AND SKATEBOARDS ON SIDEWALKS. No person shall operate any skateboard, bicycle, or motor vehicle on or over any sidewalk, except in crossing the same to go into a yard or parking lot. Bicycles are prohibited on Main Street sidewalks in the area from Easton Street on the east end to Hibbard Street on the west end. (Ord. No. 1149; 07-12-99)


33-2-8 DEPOSITS ON SIDEWALKS. It shall be unlawful to deposit on any public sidewalk, any material which may be harmful to the pavement thereof, or any waste material, or any glass or other articles which might cause injury to persons, animals or property.
Merchandise or other articles may be deposited on sidewalks preparatory to delivery, provided that the usable width is not thereby reduced to less than four feet (4'); and provided that no such article shall remain on such walk for more than thirty (30) minutes.


33-2-9 OBSTRUCTING STREET.
(A) It shall be unlawful to deposit any material on any street which may be harmful to the pavement thereof, or any waste material, such as glass which may cause injury to any person, animal or property.
(B) No person shall place or cause to be placed or erected on any public ground, or in any public street, alley or sidewalk in the City, any debris, materials, or obstruction, except as may be permitted by this Code.
(C) It shall be the duty of the Police Department to exercise a vigilant supervision over such places and to notify any person found making such deposit or responsible for same to remove the offending matter at once. (See 65 ILCS Sec. 5/11-80-3)


33-2-10 RAINWATER DRAINS. It shall be unlawful to construct or permit the construction of any storm water drain or any drainage pipe in either a natural or man-made ditch without having first obtained a permit therefor. Applications for such permits shall be made to the City Clerk and shall be accompanied by a statement as to the purpose of such drainage pipe, the premises to be served and the specification of such pipe to be installed. Such application shall be referred to the Street Superintendent and no such permit shall be issued unless he shall have found that the City Code would be complied with by the installation of such storm water drain or drainage pipe and, that the installation of such storm water drain or drainage pipe would not interfere with, overload, obstruct or otherwise adversely affect the existing storm water drainage system within the City.
It shall be unlawful to construct or permit the construction of any storm water drain which discharges water onto any sidewalk in the City and it shall be unlawful to construct or permit the maintenance of any such drain which discharges into any public street or alley at a height greater than eighteen (18) inches above the ground or pavement.
 33-2-11 BUILDING MATERIALS IN STREET. The Street Superintendent may move any obstruction on any street or sidewalk of the City, but before doing so, he shall notify the person responsible therefore to remove such obstruction within a reasonable time after being notified. Any person engaged in erecting a building or fence or improving any lot on such street may deposit materials thereon and contiguous to such length of time as may be necessary for the work. The obstruction shall not extend to more than one-half (1/2) of the width of the sidewalk, street, or alley adjacent to such improvement and the gutter shall always be left free and unobstructed. At night, such person shall keep an illuminated warning light on such material. (See 65 ILCS Sec. 5/11-80-3)


33-2-12 MERCHANDISE ON PUBLIC STREET. It shall be unlawful for any person, firm or corporation to use any street, sidewalk, or other public place as space for the display of goods or merchandise for sale; or to write or make any signs or advertisements on any such pavements, unless permission is granted by the City Council. (See 65 ILCS Sec. 5/11-80-3)


33-2-13 ENCROACHMENTS. It shall be unlawful to erect or maintain any building or structure which encroaches upon any public street or property.


33-2-14 POSTING BILLS. It shall be unlawful for any person to paste, paint, print or nail any handbill, sign, poster, political signs, advertisement or notice of any kind on any curbstone, flagstone, or any other portion or part of any sidewalk, or upon any tree, lamppost, utility pole, hydrant, or upon any private wall, door or gate without the consent, in writing, of the owner of such curbstone, flagstone, sidewalk, tree, lamppost, utility pole, hydrant, private wall, door or gate.


33-2-15 SIGNS ON POLES. No person shall nail, tack, paste, paint or fasten, or cause to be nailed, tacked, painted or fastened, any sign, political signs or any other foreign substance or material onto any telephone, telegraph, electric light, police and/or fire alarm pole or post, or any street or traffic sign located on any sidewalk, street, alley or public grounds or injure or deface any such pole or post.


33-2-16 INJURY TO NEW PAVEMENTS. It shall be unlawful to walk upon or drive any vehicle or animal upon or destroy any newly-laid sidewalk pavement while the same is guarded by a warning sign or barricade, or to knowingly injure any soft, newly-laid pavement.
 33-2-17 BARBED-WIRE FENCES. It shall be unlawful to maintain or construct any fence composed in whole or in part of barbed wire, or with any similar material designated to cause injury to persons, or any wire charged with electrical current, anywhere within three feet (3’) of any public street, sidewalk, alley, park or other public way or place unless such barbs or charged wire are at least six feet (6’) above the level of such public place.


33-2-18 BURNING ON PUBLIC STREETS. It shall be unlawful for any person to burn any leaves, paper, rubbish or other substances upon any of the public streets, sidewalks or alleys in the City. Tree limbs shall not be thrown and left in ditches, causing a blockage of ditches and culverts. (Ord. No. 1149; 07-12-99)


33-2-19 MOUNTED ROUTE MAILBOX PLACEMENT. Mailboxes shall be placed with the front of the mailbox flush with the curbline at a height of forty-two (42) inches to forty-eight (48) inches from the bottom of the mailbox to the ground. (Ord. No. 1135; 12-14-98)


33-2-20 MUD, DIRT AND DEBRIS IN STREET DURING CONSTRUCTION. As construction or remodeling work progresses on a property located within the City, all streets and sidewalks shall be thoroughly cleaned of all mud, dirt, excess earth, rock, and other debris resulting from such work, or from the conditions of the jobsite. All clean-up operations at the location of such construction activities shall be accomplished at the expense of the individual or business holding the building permit for such activities, and shall be completed to the satisfaction of the Street Superintendent. From time to time as may be ordered by the Street Superintendent and in any event, immediately after completion of the work, the permittee shall, at his or its own expense, clean up and remove all mud, dirt, excess earth, rock, and other debris resulting from such work, from all affected streets and sidewalks. Failure to do so within twenty-four (24) hours after having been notified to do so by the Street Superintendent shall result in punishment by City issued Ordinance violation, with a minimum fine of no less than One Hundred Dollars ($100.00) and a maximum fine of no more than Seven Hundred Fifty Dollars ($750.00). Failure to clean the affected area as required by the Street Superintendent may also result in the work being done by the Superintendent or his agents, with the cost thereof charged to the permittee. This requirement is hereby made a part of every building permit issued by the City. (Ord. No. 1261; 09-27-04)
ARTICLE III - TREES AND SHRUBS


33-3-1 PLANTING. It shall be unlawful to plant any tree or bush in any public street or parkway or other public place without having first secured a permit therefore. Applications for such permits shall be made to the Street Superintendent and shall be referred by him to the City Council. All trees and shrubs so planted shall be placed subject to the directions and approval of the City Council.


33-3-2 PLANTING TREES IN RIGHT-OF-WAY. It shall be unlawful to plant any bushes, trees, shrubs or other plants on the right-of-way of any public street, including the space on the right-of-way between the sidewalk and the adjacent street pavement.


33-3-3 REMOVAL. It shall be unlawful to remove or cut down any tree or shrub or portion thereof in any street, parkway or other public place without having first secured a permit therefore. Applications for such permits shall be made to the Street Superintendent and shall be referred by him to the City Council before permission shall be granted.


33-3-4 INJURY. It shall be unlawful to injure any tree or shrub planted in such public place.


33-3-5 ADVERTISEMENTS OR NOTICES. It shall be unlawful to attach any sign, advertisement or notice to any tree or shrub in any street, parkway, or other public place.


33-3-6 DANGEROUS TREES. Any tree or shrub which overhangs any sidewalk, street or other public place in the municipality at a height less than ten (10) feet or in such a way as to impede or interfere with traffic or travel on such public place shall be trimmed by the owner of the abutting premises or of the premises on which such tree or shrub grows so that the obstruction shall cease.
Any tree or limb of a tree which has become likely to fall on or across any public way or place shall be removed by the owner of the premises on which such tree grows or stands.
The Street Superintendent may, at the owner’s expense, trim or remove any tree or shrub so that the obstruction or danger to traffic or passage shall be done away with.
 33-3-7 WIRES. It shall be unlawful to attach any wires or rope to any tree or shrub in any public street, parkway or other public place without the permission of the City Council.
Any person or company given the right to maintain the poles and wires in the streets, alleys, or other public places in the municipality shall, in the absence of provision in the franchise concerning the subject, keep such wires and poles free from and away from any trees or shrubs in such places so far as may be possible and shall keep all such trees and shrubs properly trimmed, subject to the supervision of the Street Superintendent so that no injury shall be done either to the poles or wires or the shrubs and trees by their conduct. All wires that cross any public street right-of-way shall be located at least fourteen (14) feet above the street surface.


33-3-8 GAS PIPES. Any person or company maintaining any gas pipe in the municipality shall, in the absence of provision in the franchise concerning the subject, keep such pipes free from leaks so that no injury shall be done to any trees or shrubs.
ARTICLE IV - EXCAVATIONS


33-4-1 PERMIT REQUIRED. It shall be unlawful for any person, firm or corporation 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.
No such permit shall be issued unless and until the applicant has filed with the Clerk a bond in the sum of Fifty Thousand Dollars ($50,000.00) conditioned to indemnify the City for any loss, liability or damage that may result or accrue from or because of the making, existence or manner of guarding or constructing any such tunnel or excavation. Such bond shall have a surety a corporation licensed to do business in the State as a surety company. The City Council may waive the bond provided for herein. (Ord. No. 1106; 07-14-97)


33-4-2 APPLICATIONS. Applications for such permits shall be made to the Clerk and shall describe the location of the intended excavation or tunnel, the size thereof, the purpose therefor, and the person, firm or corporation doing the actual excavating work; and the name of the person, firm or corporation for whom or for which the work is being done, and it shall also contain an agreement that the applicant will comply with all ordinances and laws relating to the work to be done.


33-4-3 PERMIT FEES. The fees for permits shall be One Hundred Fifty Dollars ($150.00) for excavation for water, One Hundred Fifty Dollars ($150.00) for excavation for sewers or Three Hundred Dollars ($300.00) for a combination of water and sewer. (Ord. No. 1255; 09-13-04)


33-4-4 DEPOSIT BY CONTRACTOR. Excavation to be completed, requiring or involving the demolition of any City owned sidewalk, shall require the issuance of an excavation permit pursuant to this Article, and shall further require the issuance of a Cashier’s Check or Money Order in the amount of Two Hundred Fifty Dollars ($250.00) payable to the City, to be retained by the City pending completion of the excavation and proper restoration and replacement of the sidewalk, to be inspected and determined by the City. Upon proper replacement and inspection such Cashier Check or Money Order shall be returned to the issuer. Upon improper replacement, no replacement, or should the replacement otherwise not be completed in its entirety within one hundred twenty (120) days of the issuance of the permit by the City, the City shall replace or contract to replace such City sidewalk as removed and shall look to the deposit held by the City as payment. Expenses incurred above and beyond the deposit amount shall be sought from the property owner whose residence is serviced by the sewer/water line being replaced. (Ord. No. 1306; 10-10-05)


33-4-5 DEPOSIT. No such permit shall be issued unless and until the applicant therefor has deposited with the Clerk a cash deposit in the sum of Two Hundred Fifty Dollars ($250.00) if no pavement is involved, and One Thousand Dollars ($1,000.00) if the excavation is a paved area, to insure the proper restoration of the ground and laying of the pavement, if any. From this deposit shall be deducted the expense of the City of relaying the surface of the ground or pavement and of making the refill if this is done by the City or at its expense and the balance shall be returned to the applicant without interest after the tunnel or excavation is completely refilled and the surface or pavement is restored. The City Council may waive the deposit in this Section.
 33-4-6 MANNER OF EXCAVATING. 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 therefor. Proper bracing shall be maintained to prevent the 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.
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. No unnecessary damage or injury shall be done to any tree, shrub or the roots thereof.


33-4-7 SIDEWALKS. 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. The temporary sidewalk is subject to inspection by the Street Superintendent and shall not be open for use until approved by him.


33-4-8 RESTORING SURFACE. Any person, firm or corporation 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 if there is no pavement there. 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 regulations of the City and under the supervision of the Street Superintendent.


33-4-9 SUPERVISION. The Streets and Alley Committee 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 place in the City to see to the enforcement of the provisions of this Code. Notice shall be given to him at least ten (10) hours before the work of refilling any such tunnel or excavation commences.


33-4-10 TUNNELING. It shall be unlawful to make any excavation in any portion of a street or sidewalk in the City which is paved with a concrete or asphalt paving. Where necessary, and where a proper permit has been secured, tunnels may be driven or excavated under any such pavement, provided that upon completion of the work involved, the tunnel shall be backfilled with compacted sand.
 33-4-11 PROTECTIVE MEASURES AND ROUTING OF TRAFFIC. It shall be the duty of every person cutting or making an excavation in or upon any public place to place and maintain barriers and warning devices necessary for the safety of the general public.
(A) Barriers, warning signs, and lights shall conform to the requirements of all applicable provisions of this Code. Warning lights shall be electrical markers or flashers used to indicate a hazard to traffic from sunset of each day to sunrise of the next day.
(B) Electrical markers or flashers shall emit light at sufficient intensity and frequency to be visible at a reasonable distance for safety. Reflectors or reflecting material may be used to supplement, but not to replace light sources.
(C) The permittee shall take appropriate measures to assure that during the performance of the excavation work, traffic conditions as nearly normal as possible shall be maintained at all times so as to minimize inconvenience to the occupants of the adjoining property and to the general public. When traffic conditions permit, the Street Superintendent may, by written approval, permit the closing of streets and alleys to all traffic for a period of time prescribed by him if, in his opinion, it is necessary. Such written approval may require that the permittee give notification to various public agencies and to the general public. In such cases, such written approval shall not be valid until such notice is given.
(D) Warning signs shall be placed far enough in advance of the construction operation to alert traffic within a public street and cones or other approved devices shall be placed to channel traffic in accordance with the instructions of the Street Superintendent.


33-4-12 CLEARANCE FOR VITAL STRUCTURES. The excavation work shall be performed and conducted so as not to interfere with access to fire hydrants, fire stations, fire escapes, water gates, underground vaults, valve housing structures, and all other vital equipment as designated by the Street Superintendent.


33-4-13 PROTECTION OF TRAFFIC. The permittee shall maintain safe crossings for two (2) lanes of vehicle traffic at all street intersections where possible and safe crossing for pedestrians at intervals of not more than three hundred (300) feet. If any excavation is made across any public street, alley or sidewalk adequate crossing shall be maintained for vehicles and for pedestrians. If the street is not wide enough to hold the excavated material without using part of the adjacent sidewalk, a passageway at least one-half (1/2) of the sidewalk width shall be maintained along such sidewalk line.
 33-4-14 RELOCATION AND PROTECTION OF UTILITIES. The permittee shall not interfere with any existing facility without the written consent of the Street Superintendent and the owner of the facility. If it becomes necessary to relocate an existing facility, this shall be done by its owner. The facility owned by the City shall be moved to accommodate the permittee unless the cost of such work is borne by the permittee. The cost of moving privately-owned facilities shall be similarly borne by the permittee unless other arrangements are made with the person owning the facility. The permittee shall support and protect, by timbers or otherwise, all pipes, conduits, poles, wires or other apparatus which may be in any way affected by the excavation work, and do everything necessary to support, sustain and protect them under, over, along or across said work. The permittee shall secure approval of method of support and protection from the owner of the facility.
In case of any said pipes, conduits, poles, wires or apparatus should be damaged, and for this purpose, pipe coating or other encasement or devices are to be considered as part of a substructure, the permittee shall promptly notify the owner thereof. All damaged facilities shall be repaired by the agency or person owning them and the expense of such repairs shall be charged to the permittee. It is the intent of this Section that the permittee shall assume all liability for damage to facilities and any resulting damage or injury to anyone because of such facility damage and such assumption of liability is a contractual obligation of the permittee. The only exception will be such instances where damage is exclusively due to the negligence of the owning utility. The City shall not be made a party to any action because of this Section. The permittee shall inform itself as to the existence and location of all underground facilities and protect the same against damage.


33-4-15 ABANDONMENT OF SUBSTRUCTURES. Whenever the use of a substructure is abandoned, except the abandonment of service lines designed to serve single properties, the person owning, using, controlling, or having an interest therein shall, within thirty (30) days after such abandonment, file with the Street Superintendent a statement in writing giving in detail the location of the substructure so abandoned. If such abandoned substructure is in the way or subsequently becomes in the way of an installation of the City or any other public body, which installation is pursuant to a governmental function, the owner shall remove such abandoned substructure or pay the cost of its removal during the course of excavation for construction of the facility by the City or any other public body.


33-4-16 PROTECTION OF ADJOINING PROPERTY. The permittee shall, at all times, and at his or its own expense, preserve and protect from injury, any adjoining property by providing proper foundations and taking other measures suitable for the purpose. Where, in the protection of such property it is necessary to enter upon private property for the purpose of taking appropriate protective measures, the permittee shall obtain consent from the owner of such private property for such purpose and if he cannot obtain such consent, the Street Superintendent may authorize him to enter the private premises solely for the purpose of making the property safe.
 At the permittee’s own expense, all buildings, walls, fences, or other property likely to be damaged during the progress of the excavation work shall be shored up and protected, and the permittee shall be responsible for all damage to public or private property or highways resulting from failure to properly protect and carry out the work. Whenever it may be necessary for the permittee to trench through any lawn area, said area shall be reseeded or the sod shall be carefully cut and rolled and replaced after ditches have been backfilled as required in this Article. All construction and maintenance work shall be done in a manner calculated to leave the lawn area clean of earth and debris and in a condition as nearly as possible to that which existed before such work began. The permittee shall not remove, even temporarily any trees or shrubs which exist is parking street areas without first obtaining the consent of the appropriate City department or official having supervision of such property.


33-4-17 PLACEMENT OF EXCAVATED MATERIAL. All material excavated from trenches and piled adjacent to the trench or in any street shall be piled and maintained in such a manner as to eliminate danger to those working in the trench, pedestrians or users of the streets, and so that as little inconvenience as possible is caused to those using streets and adjoining property. Where the confines of the area being excavated are too narrow to permit the piling of excavated material beside the trench, such as might be the case in a narrow alley, the Street Superintendent shall have the authority to require that the permittee haul the excavated material to a storage site and then rehaul it to the trench site at the time of backfilling. It shall be the permittee’s responsibility to secure the necessary permission and make all necessary arrangements for all required storage and disposal sites.
All material excavated shall be laid compactly along the side of the trench and kept trimmed so as to cause as little inconvenience as reasonably possible to vehicular and pedestrian traffic, or as specified by the Street Superintendent, whenever necessary, in order to expedite the flow of traffic or to abate the dirt or dust nuisance, toe boards or bins may be required by the Street Superintendent to prevent the spreading of dirt into traffic lanes.


33-4-18 CLEAN-UP. As the excavation work progresses, all streets shall be thoroughly cleaned of all rubbish, excess earth, rock and other debris resulting from such work. All clean-up operations at the location of such excavation shall be accomplished at the expense of the permittee and shall be completed to the satisfaction of the Street Superintendent. From time to time as may be ordered by the Street Superintendent and in any event, immediately after completion of the work, the permittee shall, at his or its own expense, clean up and remove all refuse and unused materials of any kind resulting from the work and upon failure to do so within twenty-four (24) hours after having been notified to do so by the Street Superintendent, said work may be done by the Superintendent and the cost thereof charged to the permittee and the permittee shall also be liable for the cost thereof under the surety bond provided hereunder.
 33-4-19 PROTECTION OF WATERCOURSES. The permittee shall maintain all gutters free and unobstructed for the full depth of the adjacent curb and for at least one (1) foot in width from the face of such curb at the gutter line. Whenever a gutter crosses an intersecting street, an adequate waterway shall be provided and at all times maintained. The permittee shall make provisions to take care of all surplus water, muck, silt, slickings, or other run-off pumped from excavations or resulting from sluicing or other operations and shall be responsible for any damage resulting from its failure to so provide.


33-4-20 BREAKING THROUGH PAVEMENT.
(A) Heavy duty pavement breakers may be prohibited by the Street Superintendent when the use endangers existing substructures or other property.
(B) Saw cutting of Portland cement concrete may be required when the nature of the work or the condition of the street warrants. When required, the depth of the cut shall not be less than one (1) inch in depth; however, depths greater than one (1) inch may be required by the Street Superintendent when circumstances warrant. Saw cutting may be required by the Superintendent outside the limits of the excavation over cave-outs, overbreaks and small floating sections.
(C) Approved cutting of bituminous pavement surface ahead of excavations may be required by the Street Superintendent to confine pavement damage to the limits of the trench.
(D) Sections of sidewalks shall be removed to the nearest score line or joint.
(E) Unstable pavement shall be removed over cave-outs and overbreaks and the subgrade shall be treated as the main trench.
(F) Pavement edges shall be trimmed to a vertical face and neatly aligned with the center line of the trench.
(G) Cutouts outside of the trench lines must be normal or parallel to the trench line.
(H) Boring or other methods to prevent cutting of new pavement may be required by the Street Superintendent.
(I) The permittee shall not be required to repair pavement damage existing prior to excavation unless his cut results in small floating sections that may be unstable, in which case, the permittee shall remove and pave the area.


33-4-21 DEPTH OF STRUCTURES. No person shall, without written permission of the Street Superintendent, install any substructure except manholes, vaults, valve casings, culverts, and catch basins at a vertical distance less than:
(A) Streets. Twenty-four (24) inches below the established flow line of the nearest gutter. If said flow line is not established, then the depth shall be at a minimum of twenty-four (24) inches below the surface of the nearest outermost edge of the traveled portion of the street.
 (B) Parkway.
(1) The minimum depth of any substructure shall be sixteen (16) inches below established gutter grade when said substructure parallels the parkway.
(2) The minimum depth of any substructure shall be twelve (12) inches below the top of the established sidewalk or curb when such substructure is at right angles to the parkway.
(C) Other Public Places. The minimum depth of any substructure in any other public place shall be twelve (12) inches below the surface.
Nothing in this Section shall impose a duty upon the permittee to maintain said specifications as required herein upon subsequent changes of grade in the surface unless the grade in said substructure interferes with the maintenance of or travel on a public street.


33-4-22 BACKFILLING AND RESTORATION REQUIREMENTS. The requirements for passing inspections are as follows:
(A) For a permanent street excavation, the same shall be backfilled with sand up to within eight (8) inches of the top, the remainder of the excavation to be filled with gravel, except at the surface where blacktop, concrete or brick shall be replaced as may be appropriate.
(B) Excavation in other streets, alleys or public places shall be backfilled with earth therefrom, the top shale to be replaced on top and not mixed with dirt so as to seep down next to the pipes.
(C) Restoration of Pavements. Any person making any excavation or tunnel in or under any street, alley or public place in the City shall restore said street, alley or public p[lace to its original condition. In case of any unreasonable delay in so doing, the Superintendent shall give notice to the person that unless the excavation or tunnel is refilled properly and the surface relaid so as to be in the same condition as it was prior to the excavation within ten (10) days, then the City shall do the work and charge the expense of doing same to such person. If, within the time mentioned, the conditions of the notice have not been complied with, the work shall be done by the City, an accurate account of the expense involved shall be kept, and the total cost shall be charged to the person who made the excavation or tunnel.


33-4-23 TRENCHES IN PIPE LAYING. The maximum length of open trench permissible at any time shall be in accordance with existing codes and regulations; however at night no more than fifty (50) feet may be open with proper barriers.
 33-4-24 PROMPT COMPLETION OF WORK. After an excavation is commenced, the permittee shall prosecute with diligence and expedition all excavation work covered by the excavation permit and shall promptly complete such work and restore the street to its original condition, or as near as may be so as not to obstruct the public place or travel thereon more than is reasonably necessary.


33-4-25 URGENT WORK. When traffic conditions, the safety or convenience of the traveling public or the public interest require that the excavation work be performed as emergency work, the Street Superintendent shall have full power to order, at the time the permit is granted, that a crew of men and adequate facilities be employed by the permittee twenty-four (24) hours a day to the end that such excavation work may be completed as soon as possible.


33-4-26 EMERGENCY ACTION. Nothing in this Article shall be construed to prevent the making of such excavations as may be necessary for the preservation of life or property or for the location of trouble in conduit or pipe, or for making repairs, provided that the person making such excavation shall apply to the Street Superintendent for such a permit on the first working day after such work is commenced.


33-4-27 NOISE, DUST AND DEBRIS. Each permittee shall conduct and carry out excavation work in such a manner as to avoid unnecessary inconvenience and annoyance to the general public and occupants of neighboring property. The permittee shall take appropriate measures to reduce to the fullest extent practicable in the performance of the excavation work, noise, dust and unsightly debris and between the hours of 10:00 P.M. and 7:00 A.M., shall not use except in case of emergency as otherwise provided herein, any tool, appliance or equipment producing noise of sufficient volume to disturb the sleep or repose of occupants of the neighboring property.


33-4-28 PRESERVATION OF MONUMENTS. Any monument set for the purpose of locating or preserving the lines of any street or property subdivision or a precise survey reference point or a permanent survey bench mark within the City shall not be removed or disturbed or caused to be removed or disturbed without first obtaining permission in writing from the City Council to do so. Permission to remove or disturb such monuments, reference points or bench marks shall only be granted upon condition that the person applying for such permission shall pay all expenses incident to the proper replacement of the monument by the City.
 33-4-29 INSPECTIONS. The Street Superintendent shall make such inspections as are reasonably necessary in the enforcement of this Article. The Superintendent shall have the authority to promulgate and cause to be enforced such rules and regulations as may be reasonably necessary to enforce and carry out the intent of this Article.


33-4-30 LOCATION RECORDS. Every public utility, after the enactment of this Article, shall maintain records showing the location of all of its underground facilities except relatively minor facilities which connect a particular premise or building to a facility serving more than one premise or building and except oil or gas-gathering or field lines. Every public utility shall maintain equipment which can locate such facilities in the field.


33-4-31 LIABILITY OF PERSONS TO CITY FOR DAMAGE. If any person violates any provision of this Code and any person or property in consequence thereof is injured or damaged, the person so guilty of such violation shall be liable to the City in relation thereto, and no prosecution or other proceeding by the City of such person for any penalty imposed for a violation shall constitute a bar to such action by the City for such damages.


33-4-32 FEE FOR LOCATING UTILITIES, ETC. The following permit fees for locating telecommunications facilities or utilities on public rights-of-way are established as follows:
(A) Specific Fees.
(1) For 2,640 feet or less - $10,000
(2) For 2,641 feet to 10,560 feet - $25,000
(3) For 10,561 feet or more - $50,000
(B) The permit fees shall be paid by the applicant prior to the issuance of any permit to use any public right-of-way.
(C) The permit fees established herein shall not prevent or limit the corporate authorities for the City from establishing or collecting additional franchise fees from telecommunications or utility companies under appropriate circumstances. (Ord. No. 1189; 10-22-02)

(See 65 ILCS Secs. 5/11-80-1 through 5/11-80-23)
ARTICLE V - STREET IMPROVEMENTS


33-5-1 CONSTRUCTION REQUIREMENTS.
(A) Permit Required, Application. It shall be unlawful to construct or lay a pavement on any public street, sidewalk, alley or other public way without first having secured a permit therefor. Applications for such permits shall be made to the City Clerk and shall conform to the provisions relating to applications for licenses and permits. Each application shall state the location of the intended pavement, the extent thereof and the person or firm who is to do the actual construction work.
(B) Bond. Applications for such permits shall be accompanied by a bond conditioned to indemnify the City for any loss or damage resulting from the work undertaken or the manner of doing the same. Such bond shall be in the sum of One Thousand Dollars ($1,000.00), with sureties to be approved by the City Council.
(C) Specifications. All street and sidewalk pavements shall be made in conformity with specifications laid down or approved from time to time by the City Council.

33-5-2 REPAIR AND REPLACEMENT.
(A) Repair and Supervision. All public street, alley or sidewalk pavements shall be kept in good repair. Such repair work, whether done by the Municipality or in the case of sidewalks by the abutting owner, shall be done under the supervision of the Superintendent of Streets.
(B) Application Process. Residents who wish to sign up for the sidewalk program shall submit a postcard to the City Clerk’s office. The applicant shall indicate on the postcard whether they are requesting a new or replacement sidewalk and the approximate length of the sidewalk. Applicants will be recorded and handled in the order in which the applications are received. Applications shall be limited to one (1) per person or business. All work will be contracted out for replacement/new sidewalks. Applicant’s share of the replacement/new sidewalk will be twenty-five percent (25%) and the City’s share seventy-five percent (75%) of the successful bid. The Superintendent of the Street and Alley Department shall get details from each applicant and advise each applicant of their share of the total cost of the sidewalk. Each applicant will be required to sign an application form and submit payment for their share of the sidewalk replacement upon completion of the project. The City’s total share of sidewalk program shall not exceed the amount budgeted and approved by the City Council each fiscal year. (Ord. No. 1215; 05-12-03)
(C) Commercial Sidewalks. The City shall pay for all labor and materials for repair/replacement of sidewalks within the business district which are considered commercial and zoned as such. The area considered as the business district is Main Street from Madison Street on the east and Hibbard Street on the west and one block north and south of Main Street bounded by Laurel on the east and Hibbard on the west.
 The commercial sidewalk program shall not exceed the amount budgeted and approved by the City Council each fiscal year. In the event that requests exceed the funds available, sidewalk construction shall be funded on a first-come, first-served basis. The need for a new sidewalk shall be based on the deteriorated condition of the existing sidewalk and not for the sake of getting a new sidewalk. This shall be determined by the Street Department Superintendent. (Ord. No. 1174; 11-13-00)


33-5-3 SIDEWALKS.
(A) Grade. No sidewalk shall be built above or below the established grade of the City and in all cases where no grade is established, any person building a sidewalk shall built the same according to the instructions of the Street Superintendent and the City Council. No one shall build a sidewalk unless it consist of new construction. No one shall remove or destroy a sidewalk without replacing the same with a new sidewalk.
(B) Permit. It shall be unlawful for any person to build, lay or construct any sidewalk along any property in the City or along any of the streets, alleys, or public highways thereon, without first filing an application for a permit with the City Clerk and approved by the City Council.
(C) Cost to Owner. The cost of any sidewalk replacement not covered by the sidewalk program shall be borne by the property owner. (Ord. No. 1177; 01-08-01)
(D) Subdivisions. This Section is not applicable to new subdivisions. (See 65 ILCS Sec. 5/11-80-13)


33-5-4 STORM SEWERS.
(A) Description of Storm Water Sewers. Storm water sewers shall be any pipe or sewer used for the carrying of surface drains, ground waters, roof leaders, or storm waters, rain waters, or other waters other than sanitary sewage.
(B) Supervision. The Superintendent of the Water and Sewer Departments shall supervise all connections made to the public storm sewer system or excavations for the purposes of installing or repairing the same.
(C) Permits. Before any connection is made to the public storm water sewers, a permit shall be applied for and approved by the Superintendent or his designated representative.
(D) Requirements: Use of Storm Water Sewers. Where a storm water sewer is accessible in a street, alley or easement to a building or premises abutting thereon, the surface drains, ground waters, roof leaders, or storm waters shall be discharged into the storm water sewer unless otherwise authorized by the City. Under no conditions shall sanitary sewage or wastes or any substance other than surface waters, ground waters, roof waters or storm waters be permitted to flow into or be connected to the storm water sewer; and no sanitary sewer shall be connected to the storm water sewer system.

(See 65 ILCS Sec. 5/11-80-7)
ARTICLE VI - CULVERT REGULATIONS


33-6-1 CONSTRUCTION REGULATIONS AT DRIVEWAY AND DITCH CROSSINGS.
(A) Pipe Specifications.
(1) The specifications for metal pipe to be used for driveways at ditch crossings shall be as follows:

Metal pipe 8”, 10”, 12”, 15”,
18” and 21” in diameter 16 gauge galvanized steel pipe shall be used
Metal pipe 24” and 30” in diameter 14 gauge galvanized steel pipe shall be used
Metal pipe 36” in diameter 12 gauge galvanized steel pipe shall be used
(Ord. No. 715; 05-22-78)

(B) Installation and Replacement of Driveway Tiles.
(1) All tiling must be installed by and with the consent of the City. The City will replace any existing single defective driveway or walkway tile that does not exceed sixty (60) feet in length. The cost of replacing the existing tile will be provided for by the City. The City will install any tile required for construction of a new driveway after approval of permit. The cost of the tile for a new driveway is to be provided for by the property owner. Any other ditch tiling not fitting this description must be specifically approved by the City. All costs (including labor and surface drains, if required) of any other tiling approved by the City shall be provided by the property owner.
(2) Surface drains to the tiling in excess of sixty (60) feet shall be installed at locations to be determined by the Superintendent of Streets and Alleys. (Ord. No. 853; 06-10-85)
(C) Tiling of Ditches.
(1) Ditches shall only be tiled by and with the consent of the City. The City will consider tiling a ditch when the following conditions exist:

The flow line of the ditch is at least twenty-four (24) inches below the edge of the roadway and sufficient public right-of-way width is not available to provide fore and back ditch slopes of 3:1 or flatter.
(2) The cost of tiling the ditch shall be paid by the City with the exception of driveway crossings. The cost of the tile for the driveway crossing is to be provided by the property owner as required in Paragraph B of this Section.
(3) Construction regulations for tiling ditches shall conform to IDOT specifications and requirements current at the time of construction. (Ord. No. 1051; 08-22-94)


(See 65 ILCS Sec. 5/11-80-7)



ARTICLE VII - DRIVEWAYS


33-7-1 PERMITS REQUIRED; APPLICATION. No person shall construct a driveway for vehicles or animals across any sidewalk in the City without having first obtained a permit therefor. Applications for such permit shall be made to the City Clerk.


33-7-2 CONSTRUCTION SPECIFICATIONS.
(A) Grade. No driveway shall be so constructed or graded as to leave a steep, sharp depression or other obstruction in the sidewalk. The grade shall be as nearly as possible the same as that of the adjoining sidewalk.
(B) Materials of Construction.
(1) Driveways across sidewalks shall be constructed of concrete according to specifications approved by the Superintendent of Streets.
(2) It shall be unlawful to have the surface finish of any driveway where the same cross the sidewalk constructed of such materials as will render it slippery and hazardous for pedestrians.


33-7-3 MAINTENANCE AND REPAIR. It shall be the duty of every person maintaining a driveway to keep the same in good repair where it crosses the sidewalk and free from obstruction and openings.

(See 65 ILCS Sec. 5/11-80-2)
ARTICLE VIII – STREET NAMES AND HOUSE NUMBERS


33-8-1 PLAN FOR STREET NAMES AND HOUSE NUMBERS. All owners of buildings, residences or storerooms fronting upon the public streets within the City, now erected or which may hereafter be erected, are hereby required to number such buildings, residences and storerooms in accordance with the following plan:
(A) Main Street shall be the base or dividing line for all such numbering on all streets running north and south, and Union Street shall be the base or dividing line for all streets east and west.
(B) All that portion of north and south streets crossing and being north of Main Street shall be designated by the prefix “North”, and that portion of such streets being south of Main Street shall be designated by the prefix “South”; all that portion of streets crossing and being east of Union Street shall be designated by the prefix “East”, and that portion of such street being west of Union Street by the prefix “West”.
(C) Odd numbers shall be used on the north side of all streets running east and west and on the west side of all streets running north and south; even numbers shall be used on the south side of all streets running east and west and upon the east side of all streets running north and south.
(D) The first number on the east side of all streets running north and south of Main Street shall be 100, and the first number on the west side of the same shall be 101. The first number on the north side of all streets running east and west from Union Street shall be 101, and the first number on the south side of the same street shall be 100. All lots and buildings shall be numbered consecutively allowing one number for each lot, building or establishment.


33-8-2 PLACEMENT OF NUMBERS. Numbers to be placed on all buildings in compliance with this Chapter shall be not less than three (3) inches in height and two (2) inches in width (3” x 2”) and shall be plainly visible from the street on which such building or residence faces.


33-8-3 CHART KEPT. The City Clerk shall keep a chart showing the proper street numbers of all lots and buildings in the City.
EXCAVATION PERMIT


NAME
FIRM NAME
ADDRESS
CITY/VILLAGE STATE PHONE
LOCATION OF PROPOSED EXCAVATION


NATURE OF EXCAVATION


BONDING COMPANY:
NAME
ADDRESS
CITY/VILLAGE STATE PHONE
AMOUNT OF BOND $
PREVIOUS EXPERIENCE (LIST CITIES AND/OR VILLAGES)
CITY/VILLAGE CITY/VILLAGE OFFICIAL
1.
2.
3.
4.

I have read the municipal law with regard to excavations and my firm or company intends to fully comply with the Street Regulations Code provisions.


(Applicant’s Signature)
APPLICATION FOR CULVERT/DRIVEWAY PERMIT


I, ____________________________, do hereby request permission and authority to construct a culvert/driveway on the right-of-way of the City in accordance with the information provided on this application and the accompanying sketch. (Applicant must prepare a sketch showing location, length and pertinent details.)

ADDRESS:

Pipe material will be:

Wall thickness or gauge will be:

Type of joint will be:

DATED: _________________________, 19__ SIGNED:
(APPLICANT)

CULVERT/DRIVEWAY PERMIT

APPLICATION Approved ( ) Disapproved ( )

If disapproved, state reasons:







DATED: _________________________, 19__ SIGNED:


CERTIFICATION

The undersigned has inspected the construction and installation set forth above and finds that the same (is) (is not) in accordance with the permit.

DATED: _________________________, 19__ SIGNED:
APPLICATION FOR RESIDENTIAL SIDEWALK REPLACEMENT
CITY OF STAUNTON, ILLINOIS


Applicant Information

Name:

Address:

Telephone Number:

Length of Sidewalk to be replaced: feet.
Width of Sidewalk to be replaced: feet.
Estimated quantity of concrete: cubic yards.
Start of Work Date:


Instructions/Specifications

1. All sidewalks are to be constructed to specifications.
2. City contractor will be responsible for all labor associated with removal of existing sidewalks and forming, pouring and finishing of new/replacement sidewalks.
3. Applicant agrees to pay 25% of the cost of the successful bid selected by the City for the work. The amount shall be due and payable at time of signing of application.
4. Check should be made payable to City of Staunton


DATE:
(APPLICANT)


Superintendent of Street & Alley



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