Villa Park Municipal Code Art. 17-1 Procedure for Construction, Repair, and Reconstruction of Streets And…

Applicants for building permits on one (1) or more lots, or any addition, renovation or alteration in excess of three hundred (300) combined square feet, must comply with the provisions of this chapter prior to the issuance of a building permit by the City.

(Ord. #78-267, AII, § 1; Ord. #80-298, § 1; Ord. #2008-533, §)

The purpose of this section is to establish regulations and procedures for the construction, repair and reconstruction of street and alley subgrade, base and surfacing; curbs, gutters and cross-gutters; sidewalks, sanitary sewers and water lines; drainage structures; or other improvements made in, on or over streets or ways in the City.

(Ord. #78-267, AII, § 2; Ord. #80-298, § 1)

All street improvements designated in this section shall be done in conformance with lines and grades furnished by the City Engineer or approved by him and in accordance with the standards and specifications adopted by the City Council.

(Ord. #78-267, AII, § 3; Ord. #80-298, § 1)

All street improvements as defined or listed in this section shall be done in accordance with the standards for width and type established by the Master Plan of Streets and Highways of the City.

If no Master Plan of Streets and Highways has been adopted by the City Council, the provisions of this section shall apply to any map showing proposed street development as adopted by the City Council or to any proceedings affecting said streets initiated by the City Council.

(Ord. #78-267, AII, § 4; Ord. #80-298, § 1)

No person shall begin any of the work designated in this section without first notifying the City Engineer or the Street Superintendent of the time such work will begin.

(Ord. #78-267, AII, § 5; Ord. #80-298, § 1)

No person shall begin or do, or cause or direct the doing of any of the work designated in this section unless and until a permit for such work has been issued by the City of Villa Park.

(Ord. #78-267, AII, § 6; Ord. #80-298, § 1)

The fee for a permit to perform any of the following work shall be established by resolution of the City Council:

a. Curb or gutter (or both, if combination curb and gutter).

1. For first one hundred (100) linear feet or less.

2. Each additional linear foot.

3. Each curb return at intersecting streets.

Note: No extra charge for driveway when taking out curb or sidewalk permit.

b. Sidewalk (if required).

1. For first one hundred (100) linear feet or less.

2. Each additional linear foot.

Note: Charge to be made whether curb exists or not. Said charge will apply to filling in between curb and sidewalk if not adjacent to curb.

c. Driveways.

1. Less than sixteen (16) feet in width.

2. From sixteen (16) to twenty-five (25) feet (measurement on curb cut).

3. Over twenty-five (25) feet in width.

d. Pavement. A permit charge plus an amount per square foot of street improvement.

e. Excavation permit in street an amount for first fifty (50) square feet. All costs for cuts of more than fifty (50) square feet will be computed by the City Engineer.

f. Main Sewer. An amount for first fifty (50) linear feet plus an amount per linear foot thereafter.

g. Sewer lateral, each.

(Ord. #78-267, AII, § 7; Ord. #80-298, § 1)

The City Engineer shall not authorize a permit for any street improvement work until the following actions have been taken by the person applying for said permit:

a. Plans for the work have been submitted to and approved by the City Engineer.

b. An adequate certificate of insurance has been filed with the City indemnifying the City from any damages directly or indirectly that may be had against the City by reason of the work to be performed under the permits, together with evidence of workman's compensation coverage for all employees who will be used on the job or any portion thereof.

c. Any bond as required under the provisions of this Code has been filed with the City Clerk.

d. All permit fees have been paid in accordance with the provisions of this chapter.

e. An agreement has been filed with the City that the work will be completed within a specified time.

(Ord. #78-267, AII, § 8; Ord. #80-298, § 1)

A charge shall be made for work performed by City employees, including but not limited to engineering and drafting, setting and checking line and grade stakes and engineering inspection, at cost plus an amount equal to current City overhead to be determined by the City Engineer and shall be in addition to any permit fees. The City Engineer will compute and notify the City of the cost of all fees and permit charges.

(Ord. #78-267, AII, § 9; Ord. #80-298, § 1)

The City Engineer may not authorize the issuance of a permit for a driveway unless the following conditions are met:

a. The driveway may not encroach upon a curb return that has a radius of twenty-two (22) feet or less. The driveway may not encroach more than ten (10) feet upon a curb return that has a radius greater than twenty-two (22) feet.

b. The driveway must not be located closer than twenty-two (22) feet measured along the curb from any existing or proposed driveway entering a parcel of land under a single ownership.

c. The maximum number of driveways permitted to a parcel of land under a single ownership shall be determined by the width of the lot frontage on the street as follows:

d. The maximum frontage of a lot permitted to be a driveway shall be forty-five (45) percent.

e. The maximum permitted width of a driveway shall be forty (40) feet. Driveways over forty (40) feet wide must have City Council approval.

(Ord. #78-267, AII, § 10; Ord. #80-298, § 1)

Plans for street improvements other than in subdivisions of five (5) or more lots shall be drawn and submitted to the City Engineer. All street improvement work must be done in strict conformance to the plans approved by the City Engineer.

(Ord. #78-267, AII, § 11; Ord. #80-298, § 1)

Any person performing or causing to be performed any street improvement work under a permit issued by the City as provided in this section, shall place or construct sufficient safeguards and protective devices at all times about the work area to warn and protect the public from injury.

(Ord. #78-267, AII, § 12; Ord. #80-298, § 1)

The City Engineer may furnish lines and grades for any street improvement work other than for a subdivision of five (5) or more lots, for which a permit has been issued in accordance with subsection 17-1.9.

(Ord. #78-267, AII, § 13; Ord. #80-298, § 1)

It shall be the duty of the Street Superintendent to remove from any public street or alley any work as designated in this section which has not or is not being performed in strict conformance to the provisions of this section.

(Ord. #78-267, AII, § 14; Ord. #80-298, § 1)

The City Engineer shall certify to the City Council as to the completion of any street improvement project wherein a bond has been filed.

(Ord. #78-267, AII, § 15; Ord. #80-298, § 1)

The City Council shall not accept any streets or alleys or improvements thereto until the Street Superintendent and the City Engineer shall certify that all requirements of this section have been fulfilled; nor shall the City Council release any bond until the City Engineer shall certify that all work has been satisfactorily completed and the City Clerk certified that all payments are made as required by this section.

(Ord. #78-267, AII, § 16; Ord. #80-298, § 1)

The costs of all original street improvements, other than those costs which the City Council may determine as payable under the State Gas Tax Major Street Development Program or other street improvement project authorized by the City Council, shall be paid by private persons having an interest therein.

The City Engineer shall establish a procedure of determining any differential in cost, if any, to be paid by the City; and the City Council shall approve such determination of cost to the City for each such project.

(Ord. #78-267, AII, § 17; Ord. #80-298, § 1)

Whenever the City Council has established the portion of total cost on any project payable from City moneys as provided for in subsection 17-1.17, the Director of Finance shall pay the determined amount directly to the person to whom the permit has been issued; but such payment shall be made only after the work has been certified as completed by the City Engineer and any bond applying to the project has been released.

(Ord. #78-267, AII, § 18; Ord. #80-298, § 1)

Before the City Council adopts any resolution or ordinance ordering the construction of any improvement or the acquisition of any property for public use, or both, herein referred to as "improvement", where the cost thereof is to be paid in whole or in part by special assessment taxes upon lands, a public hearing may be held and a finding and determination made by the City Council as provided herein that the public convenience and necessity require the same.

If such a procedure is not followed and if such finding and determination are not made thereto, the requirements otherwise prescribed by Division 4 (Section 2800 et seq.) Streets and Highways Code of the State, and Article XIII, Section 17, of the State Constitution shall be complied with before any such resolution or ordinance may be adopted.

(Ord. #78-267, AII, § 19; Ord. #80-298, § 1)

The City Council may hold a public hearing to find and determine whether the public convenience and necessity require any such improvement. Reference may be made to one or more plans, profiles, specifications, maps, or plats for the description of the improvement and all particulars relative thereof, which plans, profiles, specifications, maps or plats shall be on file with the City Clerk and open to inspection.

(Ord. #78-267, AII, § 20; Ord. #80-298, § 1)

The hearing required by subsection 17-1.20 may be a separate hearing or may be combined and held concurrently with the hearing required by the improvement act pursuant to which the improvement proceeding is proposed.

Whether said hearing is held separate, or combined and held concurrently with the hearing required by the improvement act pursuant to which the improvement proceeding is proposed, notice shall be given by posting in the manner prescribed by the improvement act involved, and if said hearings are combined or held concurrently, such notice may be combined with the notice of hearing given under the said improvement act under which the improvement proceeding is proposed.

(Ord. #78-267, AII, § 21; Ord. #80-298, § 1)

The hearing may be continued from time to time. After the conclusion thereof and prior to adoption of a resolution or ordinance ordering the improvement, the City Council shall consider and pass upon all protests filed and all matters presented; and its decision thereon shall be final and conclusive.

If by such decision the City Council finds and determines by no less than a majority vote of all members thereof that the public convenience and necessity require such improvement, the City Council may thereafter, in accordance with the improvement act specified or designated for the project, adopt a resolution or ordinance ordering the improvement substantially as proposed, or as modified, altered or changed by order of the City Council as authorized by the improvement act for the project.

After such finding and determination by the City Council, the provisions of law for debt limitation and majority protest as mentioned in Article XIII, Section 17, of the State Constitution shall not apply.

(Ord. #78-267, AII, § 22; Ord. #80-298, § 1)