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O-04-49VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -04 -49 AN ORDINANCE INCREASING THE DEPOSITS REQUIRED FOR EXCAVATIONS IN PUBLIC STREETS, ALLEYS, PLACES AND PARKWAYS PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 20th day of September , 2004. Published in pamphlet form by authority of the President and Board of Trustees of the Village of Deerfield, Lake and Cook Counties, Illinois, this 21st day of September , 2004. VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -04 -49 AN ORDINANCE INCREASING THE DEPOSITS REQUIRED FOR EXCAVATIONS IN PUBLIC STREETS, ALLEYS, PLACES AND PARKWAYS WHEREAS, the Village of Deerfield requires that persons doing work that requires excavating or tunneling in or under any public street, parkway, alley or other public place in the Village must make a deposit with the Village to ensure the complete and proper restoration of the public property upon completion of such work; and, WHEREAS, the Village Engineer has reviewed the current deposit requirements as provided in the Municipal Code of the Village of Deerfield, and has recommended that the required deposits be increased as provided herein; NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, in the exercise of its home rule powers, as follows: SECTION 1: That Section 19 -31 of the Municipal Code of the Village of Deerfield be and the same is hereby amended to read as follows: Sec. 19 -31. Permit fees and Restoration Deposit. (a) The fee for parkway and street excavation permits shall be thirty dollars ($30.00). (b) A minimum deposit in the amount of five hundred dollars ($500.00) is required per parkway excavation to.ensure proper completion of such excavation and restoration of the parkway upon completion of the work. (c) A minimum deposit of one thousand dollars ($1,000.00) is required per opening in a public street or alley and for any excavation or tunneling in or under any public street, alley or other public place to ensure proper completion of such excavation and restoration of the street, alley or public place upon completion of the work. (d) If the Village Engineer determines that. the minimum restoration deposit is insufficient to pay the cost of completing the restoring the parkway, street, alley or other public place, an additional deposit shall be required as determined by the Village Engineer and set forth in a street opening deposit agreement to be executed at the time the permit is issued. (e) The restoration deposit, less any Village expenses incurred to enforce permit requirements or complete restoration of the parkway, street, alley or other public place, shall be refunded nine (9) months after proper completion of such excavation and restoration of the parkway has been accepted by the Village Engineer, provided that no settlement or other defect requiring restoration has surfaced during that period. SECTION 2: That Section 19 -36 of the Municipal Code of the Village of Deerfield be and the same is hereby amended to read as follows: Sec. 19 -36. Restoring surface. (a) Any person making any excavation in or under any parkway or other unimproved public place in the Village shall properly backfill the excavation and restore the surface thereof to its original condition or better in accordance with the specifications of the Village Engineer and the permit issued for such work, subject to the supervision of the Village Engineer. (b) Any person making any excavation or opening in any paved or improved portion of any Village street, alley or other public place shall properly backfill the excavation and shall repair and restore the pavement or other improved surface to its original condition or better in accordance with the specifications of the Village Engineer and the permit issued for such work, subject to the supervision of the Village. (c) Any person making any tunnel in or under any public street, alley, parkway -2- or other public place shall perform the tunneling in strict accordance with the specifications of the Village Engineer and the permit issued for such work. Any excavation, opening or pit made to accommodate such tunneling, boring or jacking shall be excavated no more than 48 hours in advance of the tunneling, boring or jacking operations and shall be properly backfilled and restored within 48 hours after such operations are completed using methods and materials approved by the Village Engineer. Casing pipes shall be installed where required and approved by the Village Engineer and shall be designed to withstand the load of the roadway or other superimposed loads. For a period of three (3) years from the date such work is completed, the permittee shall be responsible to remove and restore any backfill area that has settled due to such construction and to repair and restore any disturbed or damaged pavement, sidewalk, curbs, driveways or parkway to original grade and condition. SECTION 3: That this Ordinance, and each of its terms, shall be the effective legislative act of a home rule municipality without regard to whether such Ordinance should: (a) contain terms contrary to the provisions of current or subsequent non - preemptive state law; or, (b) legislate in a manner or regarding a matter not delegated to municipalities by state law. It is the intent of the corporate authorities of the Village of Deerfield that to the extent that the terms of this Ordinance should be inconsistent with any non - preemptive state law, this Ordinance shall supersede state law in that regard within its jurisdiction. [This Space Left Blank Intentionally] -3- SECTION 4: That this Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form as provided by law. PASSED this 20th day of September , 2004. AYES: Benton, Kayne, Rosenthal, Seiden, Swanson, Wylie (6) NAYS: None (0) ABSENT: None (0) ABSTAIN: None (0) APPROVED this 20th day of ATTEST: Village Clerk -4-