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
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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]
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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
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