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HomeMy WebLinkAbout100-O-23 Amending Title 7, “Public Ways” of the City Code10/09/2023 100-O-23 AN ORDINANCE Amending Title 7, “Public Ways” of the City Code 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 City of Evanston to provide for said increases in the frequency and cost to the City by amending the text of Title 7, “Public Ways,” Chapter 4, “Excavations;” and WHEREAS, the Public Works Department has determined that the dates in Title 7, “Public Ways” that prohibit certain actions in winter months should be amended to better align with winter weather conditions. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: Title 7, “Public Ways,” Chapter 4, “Excavations,” of the Evanston City Code of 2012, as amended, is hereby further amended as follows: ~1~ Page 1 of 14 Doc ID: 36a19fa554d04bd59a991cda6153439c709ecbc8 100-O-23 ~2~ 7-4-1. - PERMIT REQUIRED; FEES, BOND. No permit for the making of any opening, hole or excavation in a public right-of- way or other public property shall be issued for any purpose until all fees therefor shall have been paid in full and unless and until an indemnity bond in the penal sum that, in the sole determination of the Public Works Director or his/her designee, is reasonably related to the project, shall have been filed with the City to protect and hold it free and harmless from all claims or rights of action arising from or claimed to be due to the making, existence, replacement or filling of such opening, hole or excavation. No permit for the making of any opening, hole, or excavation in a public right-of- way street or improved alley shall be issued between November 1st 15 and March 1st 31 unless said excavation is required for the emergency repair or replacement of an existing underground utility. 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 or improved alley 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: EMERGENCY REPAIRS. 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. IMPACTED STREET AREA. The area in square feet of the pavement restoration to the street shown in the right-of-way permit application. PAVEMENT DEGRADATION SCHEDULE. The fee in dollars set forth in Subsection 7-4-3-3 of this Section, "Pavement Degradation Fee Rate Table," of this Chapter, the “Pavement Degradation Fee Rate Table” of the Pavement Degradation Policy applicable to the current age of Page 2 of 14 Doc ID: 36a19fa554d04bd59a991cda6153439c709ecbc8 100-O-23 ~3~ the street to be excavated. PAVEMENT DEGRADATION POLICY The rules and procedures developed and implemented by the City Manager or his designee that sets forth the City’s pavement degradation policy. See Addendum A. PAVEMENT RESURFACING SCHEDULE. The fee in dollars set forth in the “Additional Pavement Resurfacing Fee Rate Table” of the Pavement Degradation Policy, applicable to the classification of the street or improved alley to be excavated between November 15 and March 31. (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 notice to the Director of Public Works required in Subsection (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 dollar ($250.00) administrative fee to the City to compensate the City for its administrative expenses related to the permit holder's failure to comply with Subsection (E) of this Section. (G) A permit holder who excavates the paved streets or improved alleys between November 15 and April 1 March 31 is required to pay an additional two hundred fifty dollar ($250.00) pavement resurfacing fee as set forth in the Page 3 of 14 Doc ID: 36a19fa554d04bd59a991cda6153439c709ecbc8 100-O-23 ~4~ Pavement Degradation Policy 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 Pavement Degradation Schedule 1 to 4 years $550.00 with an additional $16.00 per square foot of impacted street area over 25 square feet per location 4 to 8 years $450.00 with an additional $12.00 per square foot of impacted street area over 25 square feet per location Older than 8 years $150.00 per location 7-4-3-3. CLASSIFICATION OF STREETS The management analyst shall, by and with the consent of the City Council, be authorized to designate certain streets or portions thereof as major or collector streets. Those streets or portions thereof so designated shall be maintained in Schedule I of the Pavement Degradation Policy. SECTION 2: Title 7, “Public Ways,” Chapter 8, “Trees and Shrubs,” of the Evanston City Code of 2012, as amended, is hereby further amended as follows: 7-8-4-1. RESTRICTED PARKWAY PLANTINGS. (D) Temporary Fencing Allowed. Temporary fencing for the purpose of restoring landscaped parkway is allowed one (1) time for up to eight (8) weeks Page 4 of 14 Doc ID: 36a19fa554d04bd59a991cda6153439c709ecbc8 100-O-23 ~5~ between March 15 31 and November 15 each year without a City permit. The temporary fencing shall consist of posts and/or stakes that are twenty-four (24) to thirty-six (36) inches in height and comprised of flexible, non-metal material and string and/or twine that is tightly wrapped around the posts to protect the parkway area being restored. Residents are responsible for maintaining the temporary fence in a neat and erect position. Residents must sign an indemnification agreement with the City prior to erecting such temporary fencing. SECTION 3: Title 7, “Public Ways,” Chapter 17, “Standards for the Construction of Facilities On the Public Right-of-Way,” of the Evanston City Code of 2012, as amended, is hereby further amended as follows: 7-17-17. CONSTRUCTION METHODS AND MATERIALS . (B) Standards And Requirements For Particular Types Of Facilities. 1. Electric Power Or Communication Lines. d. Burial Of Drops. All temporary service drops placed between November 1 15 of the prior year and March 15 of the current year 31, also known as snowdrops, shall be buried by the following May 31 of the current year, weather permitting, unless otherwise permitted by the City. Weather permitting, utilities shall bury all temporary drops, excluding snowdrops, within ten (10) business days after placement. SECTION 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 5: If any provision of this Ordinance 100-O-23 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 Page 5 of 14 Doc ID: 36a19fa554d04bd59a991cda6153439c709ecbc8 100-O-23 ~6~ Ordinance that can be given effect without the invalid application or provision, and each invalid application of this Ordinance is severable. SECTION 6: Ordinance 100-O-23 shall be in full force and effect after its passage and approval. SECTION 7: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. Page 6 of 14 Introduced: _______________, 2023 Adopted: _________________, 2023 Approved: ___________________________, 2023 ________________________________ Daniel Biss, Mayor Attest: ______________________________ Stephanie Mendoza, City Clerk Approved as to form: ________________________________ Alexandra B. Ruggie, Interim Corporation Counsel October 9 October 23 Doc ID: 36a19fa554d04bd59a991cda6153439c709ecbc8 October 27 Addendum A Pavement Degradation Policy In 2023, the City of Evanston passed Ordinance 100-O-23, which created the Pavement Degradation Policy. This Policy contains: Pavement Degradation Fee Rate Table 2 Additional Pavement Resurfacing Fee Rate Table 2 Pavement Patching Detail 3 Schedule I - Classification of Streets Schedule I(A): Classification of Major Streets 4 Schedule I(B): Classification of Collector Streets 6 Page 7 of 14 Doc ID: 36a19fa554d04bd59a991cda6153439c709ecbc8 In accordance with the provisions of Section 7-4-3-2 of the City Code, the following table provides the pavement degradation fee based on the age of the street. PAVEMENT DEGRADATION FEE RATE TABLE. Age of Street Pavement Degradation Schedule 3 years and younger $550.00 per location with an additional $22.00 per square foot of impacted street area over 25 square feet 4 to 7 years $450.00 per location with an additional $18.00 per square foot of impacted street area over 25 square feet 8 years and older $150.00 per location In accordance with the provisions of Section 7-4-3-2(G) of the City Code, the following table provides the additional pavement resurfacing fee based on the classification of the street and only applicable to streets and improved alleys excavated between November 15 and March 31. ADDITIONAL PAVEMENT RESURFACING FEE RATE TABLE. Street Classification (Set forth in this policy) Pavement Resurfacing Schedule (November 15 – March 31) Local/Improved Alley $650.00 per location with an additional $20.00 per square foot of impacted street area over 36 square feet Collector $800.00 per location with an additional $20.00 per square foot of impacted street area over 36 square feet Major $950.00 per location with an additional $20.00 per square foot of impacted street area over 36 square feet After excavation within the City of Evanston streets and improved alleys, all pavement restorations shall be patched according to the following Pavement Patching Detail. A pre-pour inspection by the City of Evanston is required prior to pouring concrete within these patches. To schedule a pre-pour inspection, please call the City inspection line @ 847-448-8207. Page 8 of 14 Doc ID: 36a19fa554d04bd59a991cda6153439c709ecbc8 Page 9 of 14 Doc ID: 36a19fa554d04bd59a991cda6153439c709ecbc8 SCHEDULE I - CLASSIFICATION OF STREETS (A) In accordance with the provisions of Section 7-4-3-3 of the City Code, the following streets or portions of streets are hereby classified as major streets. SCHEDULE I(A): CLASSIFICATION OF MAJOR STREETS Asbury Avenue Green Bay Road to Howard Street Burnham Place Forest Avenue to Sheridan Road Callan Avenue Oakton Street to South Boulevard Central Street Sheridan Road to Gross Point Road Chicago Avenue Howard Street to Sheridan Road Church Street West City Limits to Asbury Avenue Crawford Avenue North City Limits to Simpson Street Dempster Street West City Limits to Chicago Avenue Dodge Avenue Howard Street to Emerson Street Elgin Road Emerson Street to Chicago Avenue Elgin Road Simpson Street to McCormick Boulevard Emerson Street McCormick Boulevard to Sherman Avenue Page 10 of 14 Doc ID: 36a19fa554d04bd59a991cda6153439c709ecbc8 SCHEDULE I(A): CLASSIFICATION OF MAJOR STREETS Forest Avenue Main Street to Davis Street Forest Place Davis Street to Sheridan Road Glenview Road West City Limits to North City Limits Green Bay Road Ridge Avenue to North City Limits Gross Point Road North City Limits to Harrison Street Harrison Street Greeley Avenue to Crawford Avenue Howard Street West City Limits to East City Limits Main Street West City Limits to Sheridan Road McCormick Boulevard Emerson Street to Green Bay Road Oakton Street West City Limits to Callan Avenue Ridge Avenue Howard Street to Sheridan Road Sheridan Road South City Limits to Burnham Place Sheridan Road Davis Street to North City Limits Sherman Avenue Elgin Road to Central Street Page 11 of 14 Doc ID: 36a19fa554d04bd59a991cda6153439c709ecbc8 SCHEDULE I(A): CLASSIFICATION OF MAJOR STREETS Simpson Street Crawford Avenue to Elgin Road South Boulevard Callan Avenue to Sheridan Road (B) In accordance with the provisions of Section 7-4-3-3 of the City Code, the following streets or portions thereof are hereby classified as collector streets. SCHEDULE I (B): CLASSIFICATION OF COLLECTOR STREETS Benson Avenue Davis Street to Elgin Road Bridge Street McCormick Boulevard to Simpson Street Central Park Avenue Simpson Street to North City Limits Church Street Asbury Avenue to Sheridan Road Clark Street Ridge Avenue to Oak Avenue Clark Street Benson Avenue to Elgin Road Clark Street Chicago Avenue to Sheridan Road Custer Avenue South City Limits to Main Street Davis Street Asbury Avenue to Forest Place Page 12 of 14 Doc ID: 36a19fa554d04bd59a991cda6153439c709ecbc8 SCHEDULE I (B): CLASSIFICATION OF COLLECTOR STREETS Dempster Street Chicago Avenue to Forest Avenue Dodge Avenue Emerson Street to Simpson Street Foster Street Ridge Avenue to Sheridan Road Grant Street West City Limits to Prairie Avenue Greenleaf Street Dodge Avenue to Chicago Avenue Greenwood Street Sherman Place to Chicago Avenue Grove Street Oak Avenue to Chicago Avenue Hinman Avenue Davis Street to Clark Street Isabella Street Highland Avenue to Sheridan Road Lake Street Dodge Avenue to Chicago Avenue Lincoln Street McDaniel Avenue to North Campus Drive Maple Avenue Dempster Street to Church Street Maple Avenue Church Street to Foster Street McDaniel Avenue Elgin Road to North City Limits Page 13 of 14 Doc ID: 36a19fa554d04bd59a991cda6153439c709ecbc8 SCHEDULE I (B): CLASSIFICATION OF COLLECTOR STREETS Noyes Street Green Bay Road to Sheridan Road Oak Avenue Dempster Street to Clark Street Orrington Avenue Sherman Avenue to Clark Street Prairie Avenue Grant Street to McCormick Boulevard Sherman Avenue Greenwood Street to Elgin Road Sherman Place Dempster Street to Greenwood Street Page 14 of 14 Doc ID: 36a19fa554d04bd59a991cda6153439c709ecbc8