HomeMy WebLinkAboutORDINANCES-2009-006-O-09• Effective February 25, 2009 12/17/2008
11 /21 /2008
6-0-09
AN ORDINANCE
Amending Title 7, "Public Ways," Chapter 4, "Excavations,"
Section 3, "Restoration of Surface after Excavation,"
of the City Code by adding a "Pavement Degradation Fee"
WHEREAS, the Public Works Department has determined that
excavations in paved City streets degrade and shorten the expected life of the
surface of the street within two (2) feet of the perimeter of the area of excavation,
which increases the frequency and cost to the City for necessary resurfacing,
maintenance and repair; and
• WHEREAS, the Public Works Department has determined that it is
in the best interest of the Citizens of the City of Evanston provide for said
increases in the frequency and cost to the City by amending the text of Title 7,
"Public Ways," Chapter 4, "Excavations," Section 3, "Restoration of Surface
after Excavation," of the City Code by adding -a "Pavement Degradation Fee'."
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL
OF THE CITY OF EVANSTON, COOK'COUNTY, ILLINOIS:
SECTION 1: That Title 7, "Public Ways," Chapter 4,
"Excavations," Section 3, "Restoration of Surface after Excavation," of the
Evanston City Code of 1979, as amended, is hereby further amended by
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adding a "Pavement Degradation Fee," to read as follows:
7-4-3: RESTORATION OF SURFACE AFTER EXCAVATION:
Whenever any part of any street, alley, sidewalk or other public place in the City
shall be torn, dug, or taken up for any purpose, the person so tearing, digging, or
taking up any earth, paving, graveling or macadamizing shall, if required by the
Director of Public Works to do so, immediately upon completion of such purpose,
and as fast as practicable during the accomplishment thereof, return the earth
and ram and pack down the same as fast as returned to a firm and solid bearing
and in a manner, if possible, that will entirely prevent any settling of such earth,
and shall also relay all paving, graveling and macadamizing in a skillful and
permanent manner, and in every case to the satisfaction of the Director of Public
Works of the City and under his direction. All rules and regulations of the
Department of Public Works adopted with reference to the relaying of pavements
or replacing material removed, disturbed or dug up, in any public street in the
City, shall be complied with, under a like penalty in case of noncompliance with
such rules and regulations as that last above specified, and the Director of Public
Works is hereby authorized to adopt proper rules and regulations for such
relaying and replacing of such pavements and material, and he is hereby
empowered to require such deposits of money as may be proper or necessary to
indemnify the City for the cost and expense of relaying such pavements and
materials. (1957 Code, sec. 42-20)
7-4-3.1 PAVEMENT DEGRADATION FEE, PURPOSE: The purpose
of the Pavement Degradation Fee, if applicable, is:
(A) Excavations in paved streets degrade and shorten the expected life of the
surface of the street in and within at least two (2) feet of the perimeter of the area
of excavation, increasing the frequency and cost to the City for necessary
resurfacing, maintenance, and repair. Such pavement degradation occurs
regardless of how well the excavated area is restored, as the cutting of the
pavement and trenching in the streets permits water seepage into the street as
well as weakening pavement support around the patch, thereby accelerating the
street's deterioration.
(B) The Pavement Degradation Fee
the City due to the shortened life o
excavated by establishing a Pavement
depreciated cost per square foot of
resurfacing.
f
offsets the substantial cost incurred by
the street pavement when they are
Degradation Fee that approximates the
a single roadway reconstruction and
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7-4-3.2 PAVEMENT DEGRADATION FEE, APPLICATION: The
Pavement Degradation Fee is applied as follows:
(A) Each person or entity receiving a Right -Of -Way Permit granting
permission to excavate a public street in the City shall also, in addition to paying
the applicable permit fee, pay to the City a Pavement Degradation Fee prior to
issuance of said Permit.
(B) The amount of the Pavement Degradation Fee shall be based on the
impacted street area, age of the street, and pavement degradation schedule.
(C) Definitions for purposes of this Section:
(1) "Impacted Street Area" means the area in square feet of the
pavement restoration to the street shown in the Right -Of -Way Permit application.
(2) "Pavement Degradation Schedule" means the fee in dollars set
forth in the Pavement Degradation Fee Rate Table below (7-4-3.3), applicable to
the current age of the street to be excavated.
• (3) "Emergency Repairs" means repairs to restore existing water,
sewer, natural gas, electric, or telecommunications utility services to the
applicant's property that have been interrupted due to collapse, breakage,
rupture, blockage, failure or other similar reason.
(D) Only "Emergency Repairs" will be allowed in streets improved within the
past three (3) years, unless exempted by the Department of Public Works.
(E) It is the responsibility of the Right -Of -Way Permit holder to notify the
Director of Public Works or his/her designee no later than the close of the next
business day if the area of a street actually excavated by the Permit holder
exceeds the dimensions stated in the Right -Of -Way Permit application, such that
the understatement of the Impacted Street Area results in the Permit holder
having underpaid the Pavement Degradation Fee. Such permit holder shall pay
the additional amount of Pavement Degradation Fee due to the City within two
(2) business days of providing such notice to the Director of Public Works.
(F) If, upon inspection of the site of an excavation for which payment of a
Pavement Degradation Fee was required under this Section, it is determined by
the City that the area of a street actually excavated exceeds the dimensions
• stated in the Right -Of -Way Permit application, such that the understatement of
the Impacted Street Area has resulted in the Permit holder having underpaid the
Pavement Degradation Fee, and the Permit holder has failed to provide the
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N. rel1•
notice to the Director of Public Works required in Paragraph (E) of this Section, •
then in addition to the payment of the additional amount of Pavement
Degradation Fee required under this Section, the Permit holder shall pay a two
hundred fifty dollars ($250.00) administrative fee to the City to compensate the
City for its administrative expenses related to the Permit holders failure to comply
with said Paragraph (E).
(G) A permit holder who excavates the paved streets between November 15th
and April 1st is required to pay an additional two hundred fifty dollars ($250.00)
resurfacing fee in lieu of placing the final surface bituminous surface. This will
provide the City with the funds necessary to complete the final surface
restoration once asphalt becomes available in the following spring.
7-4-3.3 PAVEMENT DEGRADATION FEE RATE TABLE:
Street Condition
One (1) to three (3) years
Four (4) to seven (7)
years
Eight (8) years and above
Pavement Degradation Schedule
$550.00 with an additional $16.00 per square feet
of Impacted Street Area over twenty-five (25)
square feet per location
$450.00 with an additional $12.00 per square feet
of Impacted Street Area over twenty-five (25)
square feet per location
$150.00 per location
SECTION 2: That all ordinances or parts of ordinances in conflict
herewith are hereby repealed.
SECTION 3: That if any provision of this Ordinance 6-0-09 or
application thereof to any person or circumstance is held unconstitutional or
otherwise invalid, such invalidity shall not affect other provisions or applications
of this Ordinance that can be given effect without the invalid application or
provision, and each invalid provision or invalid application of this Ordinance
is severable.
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SECTION 4: That this Ordinance 6-0-09 shall be in full force and
effect from and after its passage, approval and publication in the manner
provided by law.
Introduced: �0,11AALJ- 2009 Approved:
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Adopted: ���- ( , 2009 [ , 2009
orraine H. Morton, Mayor
Attest:
Ma re Pre Y u City Clerk p tY tY
Approved a5je form:
Elke B. Tobe.,P�e,interim
First Assistant Corporation Counsel
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