LAKE LINDEN VILLAGE CODE

LAKE LINDEN VILLAGE CODE

SERIES 4000

Chapter 4001 – Street Openings and Obstructions

Section 1. Definitions.

Unless the context specifically indicates otherwise, the following definition shall apply in the interpretation of this Chapter:

“Street” shall mean all of the land lying between property lines on either side of all streets, alleys and boulevards in the Village, and includes lawn extensions and sidewalks and the area reserved therefore where the same are not yet constructed.

Section 2. Damage and Obstruction Prohibited.

No person shall make any excavation in, or cause any damage to any street in the Village, except under the conditions and in the manner permitted in this Chapter. No person shall place any article, thing or obstruction in any street, except under the conditions and in the manner permitted in this Chapter, but this provision shall not be deemed to prohibit such temporary obstructions as may be incidental to the expeditious movement of articles and things to and from abutting premises, nor to the lawful parking of vehicles within the part of the street reserved for vehicular traffic.

Section 3. Permits and Bonds.

Where permits are authorized in this Chapter, they shall be obtained upon application to the Council, upon such forms as may be prescribed. Such permit shall be revocable by the Council for failure to comply with this Chapter, rules and regulations adopted pursuant hereto, and the lawful orders of the Council or its duly authorized representative, and shall be valid only for the period of time endorsed thereon. Application for a permit under the provisions of this Chapter shall be deemed an agreement by the applicant to promptly complete the work permitted, observe all pertinent laws and regulations of the Village in connection therewith, repair all damage done to the street surface and installations on, over or within such

street, including trees, and protect and save harmless the Village from all damages or actions at law that may arise or may be brought on account of injury to persons or property resulting from the work done under the permit or in connection therewith. Where liability insurance policies are required to be filed in making application for a permit, they shall be in not less than the following amounts, except as otherwise specified in this Chapter:

(a) On account of injury to, or death of, any person in any one accident - $10,000.00

(b) On account of any one accident resulting in injury to, or death of, more than one

Person - $20,000.00

A duplicate executed copy or photo-static copy of the original of such insurance policy shall be filed with the Village Clerk.

Where cash deposits are required with the application for any permit hereunder, such deposit shall be in an amount specified by the Council, and such deposit shall be used to defray all expenses to the Village arising out of the granting of the permit and work done under the permit or in connection therewith. Three (3) months after completion of the work done under the permit, any balance of such cash deposit unexpended, shall be refunded. In any case where the deposit does not cover all costs and expenses of the Village, the deficit shall be paid by the applicant.

Section 4. Street Openings.

No persons shall make any excavation or opening in or under any street without first obtaining a written permit from the Council. No permit shall be granted until the applicant shall post a cash deposit and file a liability insurance policy as required by section 3.

Section 5. Emergency Openings.

The Council may, if the public safety requires immediate action, grant permission to make a necessary street opening in an emergency, provided that a permit shall be obtained on the following business day and the provisions of this Chapter shall be complied with.

Section 6. Backfilling.

All trenches in a public street or other public place, except by special permission, shall be backfilled with approved granular material to within twelve (12) inches of the surface. On main thoroughfares, this material shall contain one (1) sack of cement per yard of fill. The remaining portion shall be filled with road gravel as specified by the Council.

Section 7. Utility Poles.

Utility poles may be placed in such streets as the Council shall prescribe and shall be located thereon in accordance with the directions of the Council. Such poles shall be removed or relocated as the Council shall from time to time direct.

Section 8. Maintenance of Installations in Streets.

Every owner of, and every person in control of, any estate hereafter maintaining a sidewalk vault, coal hole, manhole, or any other excavation, or any post, pole, sign, awning, wire, pipe, conduit or other structure in, under, over or upon, any street which is adjacent to or a part of his estate, shall do so only on condition that such maintenance shall be considered as an agreement on his part with the Village to keep the same and the covers thereof, and any gas and electric boxes and tubes thereon, in good repair and condition at all times during his ownership or control thereof, and to indemnify and save harmless the Village against all damages or actions at law that may arise or be brought by reason of such excavation or structure being under, over, in or upon the street, or being unfastened, out of repair or defective during such ownership or control.

Section 9. Curb Cuts.

Curb Cuts. No opening in or through any curb of any street shall be made without first obtaining a written permit from the Council. Curb cuts and sidewalk driveway crossings to provide access to private property shall comply with the following:

(a) No single curb cut shall exceed twenty-five (25) feet nor be less than ten (10) feet.

(b) The minimum distance between any curb cut and a public crosswalk shall be five (5) feet.

(d) The maximum number of lineal feet of sidewalk driveway crossings permitted for any lot, parcel of land, business or enterprise, shall be forty-five (45) per cent of the total abutting street frontage up to and including two hundred (200) lineal feet of street frontage plus twenty (20%) per cent of the lineal feet of street frontage in excess of two hundred (200) feet.

(e) The necessary adjustments to utility poles, light standards, fire hydrants, catch basins, street or railway signs, signals, or other public improvements or installations shall be accomplished without cost to the Village.

(f) All construction shall be in accordance with plans and

specifications approved by the Council.

Section 10. Sidewalk Obstructions.

No person shall occupy any street with any materials or machinery incidental to the construction, demolition or repair of any building adjacent to said street, or for any other purpose, without first obtaining a permit from the Council. No permit shall be granted until the applicant shall post a cash deposit and file a liability insurance policy as required by section 3 of this Chapter.

Section 11. Pedestrian Passage.

At least six (6) feet of sidewalk space shall be kept clean and clear for the free passage of

pedestrians and if the building operations are such that such free passageway is impracticable, a temporary plank sidewalk with substantial railings or sidewalk shelter shall be provided around such obstruction.

Section 12. Safeguards.

All openings, excavations and obstructions, shall be properly and substantially barricaded and railed off, and at night shall be provided with red warning lights. Warning lights

perpendicular to the flow of traffic shall not be more than three (3) feet apart, and parallel to the flow of traffic not over fifteen (15) feet apart.

Section 13. Shoring Excavations.

All openings and excavations shall be properly and substantially sheeted and braced as a safeguard to workmen and to prevent cave-ins or washouts which would tend to injure the thoroughfare or sub—surface structure of the street.

Section 14. Housemoving.

No person shall move, transport or convey any building or other similar bulky or heavy object, including machinery, trucks and trailers, larger in width than fourteen (14) feet, into, across or along any street, alley or other public place in the Village without first obtaining a permit from the Council. Such permit shall specify the route to be used

in such movement and no person shall engage in such movement along a route other than that specified in the permit. No housemoving permit shall be granted until the applicant shall post a cash deposit in an amount set by the Council and file a liability insurance policy as required by section 3 of this Chapter.

Section 15. Removal of Encroachment.

Encroachments and obstructions in the street may be removed and excavations refilled and the expense of such removal or refilling charged to the abutting land owner when made or permitted by him or suffered to remain by him, otherwise than in accordance with the terms and conditions of this Chapter. The procedure for collection of such expenses shall be as prescribed in sections 19, 20 and 21 of Chapter VIII of the Charter.

Section 16. Temporary Street Closings. The Council shall have authority to temporarily close any street, or portion thereof, when it shall deem such street to be unsafe or temporarily unsuitable for use for any reason. It shall cause suitable barriers and signs

to be erected on said street, indicating that the same is closed to public travel. When any street or portion thereof shall have been closed to public travel, no person shall drive any vehicle upon or over said street except as the same may be necessary incidentally to any street repair or construction work being done in the area closed to public travel. No person shall move or interfere with any sign or barrier erected pursuant to this section without

authority from the Council.

[Posted on the website of the Village of Lake Linden]