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HomeMy WebLinkAboutOrd 4492 12/01/1992 ORDINANCE NO. 4492 AN ORDINANCEAMENDINGARTICLE I OF CHA~TER 9 ENTITLED "STREET AND SIDEWALKS" OF THE VILLAGE CODE OF MOUNT PROSPEC~ PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES the 1st day of December , 1992 Published in pamphlet form by authority of the corporate authorities of the Village of Mount Prospect, Illinois, the 2nd day of ~, 1992. SC/caf - ~/~9/9~ ORDINANCE NO, 4492 AN ORDiNANCE~M, IENDINGARTICLE I OF CHAPTER 9 ENTITLED ~STREETSiM~D BZDEWALKS~ OF THE VILLAGE CODE OF MOUNT PROSPECT WHERE&S, in order to provide a greater degree of safety for pedestrians, cyclists, and motorists in Mount Prospect the President and Board of Trustees of the Village of Mount Prospect have considered amendments to the Village Code to regulate ~Sight Obstructions~ and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have determined that the best interests of the Village would be served by adopting the following amendment to the Village Code. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT ~ND BOARD OF TRUSTEES OF THE VILLAOE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS= SECTION ONE: That Section 9.105 entitled ~Obstructions and Encroachments Regulated- of Article I of Chapter 9 of the Village Code of Mount Prospect is hereby amended by adding thereto in proper alphabetical sequence the following definitions~ so that hereinafter said Section 9.105 shall include the following= - LOT OF RECORD a designated parcel of land identifiable as a single separate tract which is part of a subdivision, the plat of which has been recorded or registered with the appropriate County office, or the deed to which has been recorded or registered with the appropriate County office pursuant to Chapter 109 (Plats Act) Section 1.(b) of the Illinois Revised Statutes, and which is intended to be used, developed or built upon as a unit. LOT LINE= ~ recorded property boundar~ line of any single lot which divides one lot from another lot or from s right-of- way. OBSTRUCTION= Any portion of any planting of any kind or nature or any portion of any object, including, but not limited to rocks, boulders, poles or fences~ except as otherwise specified in this Article. PARKWAY: That part of the public street right-of-way not occupied by the street pavement and located between the back of the curb, or edge of pavement on streets with no curbs, and the right-of-way line, as well as the raised dividing strip of a roadway. Where a sldewalk exists, the right-of-way line is often, but not always, one foot (1~) behind the sidewalk. The exact location of the right-of-way line shall be as indicated on a plat of survey. Chapter 9, Artlcle I Page 2 of 4 RIGHT-OF-WAY ~ strip of land acquired by or dedicated to the public and occupied or intended to be occupied by a street, walkway, railroad, utility or other slmilar use. SIGHT TRI&NGLE= & triangle area at the intersection of two (2) streets or a street and a driveway, the h~potenuse of which establishes the minlmumsafe line of sight for a motorist, cyclist or pedestrian, at the intersection of two (2) streets, the legs of the triangle shall be measured along the curbs or edges of pavement on streets with no curbs. The leg of a sight trlanglealong a street having a legal speed limit of less than 30 MPH shall be fifty-five feet (55~). The leg of a sight trlangle along a street having a legal speed limit of 30 MPH or more shall be seventy-five feet (75'). At the intersection of a street and a driveway, the legs of the triangle shall be ten feet (10') along the edge of the driveway and twenty-five feet (25') along the curb, or on a street with no curbs along the edge of the pavement. For regulator~ purposes, a sight triangle shall not include private property. STREET= ~narea which provides for vehlcular and pedestrian access to abutting land or other streets. A -street- includes the entire right-of-way and any improvements which may be located within the right-of-way. ,~ SECTION TWO: That &rticle I entitled -Streets and Sidewalks- of Chapter 9 of the Village Code of the Village of Mount Prospect, as emended, is hereby further a mended by adding thereto Section 9.116 and Section 9.117~ so that hereinafter said &rtlcle I shall include the following= - Sec. 9.116. assumption of ltisk. Any berming or any planting or keeping of evergreen trees or shrubs, or objects on public property, a right-of-way or easement is done at the risk of the home owner. The Village shall not be responsible for the replacement or any planting or berm or repair of any object of any kind or nature maintained by any person or private property owner within a public right-of-way or easement. Addltlonally, by the act of berming, planting or keeping of evergreen trees or shrubs or placement of any object on public property the person so doing covenants and impliedly consents to defend and hold the Village harmless against any claims by any party for damages or injury that allegedly resulted from the evergreen trees, shrubs, berms or objects. Chapter 9, Artlcle I Page S of 4 Sec. 9.117. Existing Obstructions within Sight Triangles~ violations~ Hearings. &11 future berming, planting of evergreens or shrubs or placement of any objects on public property along a street is prohibited, except as authorized elsewhere in the Village Code. It is recognized, however, that certain existing plantings and berms may be retained on public property. The following regulations shall apply to those existing obstructions which remain= Within a sight triangle, the area from three feet (3w) to six feet ($f) above the top of the curb, or edge of the pavement on a street with no curbs, shall be kept free and clear of any obstruction. & single stemmed tree shall be considered to be an obstruotlon only if its trunk, as measured six inches (6-) above the ground exceeds three inches ($-) in diameter and the lowest growth from its branches is lower than six feet above the top of the curb or edge of the pavement. ~n obstruction within a sight triangle that is identified by Village staff or a resident as being unsafe shall be inspected by the Engineering Division according to the standards in the preceding paragraph of this Section 9.117o If the Engineering Division determines that the planting or berm constitutes a sight obstruction, a written Order to Prune or Remove the obstruction shall be served on the property owner by regular mail. If the obstruction is not eliminated or an appeal filed within thirty (30) days of such notice, the Village reserves the right to cause such obstruction to be pruned, modified or removed and to bill the owner for the cost of the work. A property owner may appeal the Order to Prune or Remove by fillng with the Engineering Division a written request for review by the Village Safety Commission. The request for review must be filed within thirty (SO) days of mailing of the Order. The decision of the Safety Commission shall be binding unless appealed to the President and Board of Trustees of the Village by filing a written notice of appeal with the Village Manager within fourteen (14) days of the Safety Commission.s decision. In any hearing before the Safety Commission or review by the President and Board of Trustees, it shall be the burden of the person desiring to keep the planting, berm or object to prove by clear and convincing evidence that such does not constitute a sight obstruction. The inquiry of the Safety commission and/or the President and Board of Trustees shall be limited to (1) whether the plantings or berms violate a regulation of Chapter 9, &rticle V~ or (2) whether the plantings, objects or berms actually limit the view of motorists, cyclists or pedestrians. SECTION THREE: That this Ordinance shall be in full force and hapter 9, Article I Page 4 of 4 effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: FloroS., Clowes, Corcoran, Hoefert, Wilks NAYS: Busse ABSENT: No~e PASSED and APPROVED this 1st day of December, 1992. Leo Floros Village President Pro Tem ATTEST: Carol A. Fields Village Clerk