A RESOLUTION PROVIDING FOR MAINTENANCE OF PRIVATE IMPROVEMENTS WITHIN THE PUBLIC RIGHT OF WAY AND APPROVING THE RESPONSIBILITY FOR THEIR MAINTENANCE
WHEREAS, from time to time the Village may issue a
building permit for construction on private property and included in that
permit is construction of the vehicular or pedestrian access within the public
right of way; and
WHEREAS, a driveway entrance is defined as a paved
area from the roadway to the driveway over the parkway and shall include the
curb cut and the driveway entrance pavement (driveway apron) itself but not the
public sidewalk; and
WHEREAS, a driveway is defined as the access way
constructed primarily outside the street right-of-way between the driveway
entrance and an off street parking area or garage and applies to driveways to
residential property, driveways to commercial and business property,
intersections of private streets or alleys, and carriage walks at the front of
residential property; and
WHEREAS, the carriage walk access is defined as
within the public right of way that portion of access from the curb to the
sidewalk in front of a residence; and
WHEREAS, all residential driveways shall have a
maximum width of 20 feet at the property line and 24 feet at the curb and may
widen to a maximum width no wider than the garage; and
WHEREAS, residential driveways and driveway
entrances shall be located a minimum of five (5) foot from any adjacent
property line and not in a utility or drainage easement; and
WHEREAS, stamped portland cement concrete, Street Print™ bituminous concrete, or Brick (clay, concrete) driveways in the public right of way shall require an approved LETTER OF WAIVER prior to issuance of a permit and installation; and
WHEREAS, single-family residence property owners may
install ribbons (defined as: Brick (clay, concrete) but may not be crushed
stone, portland cement concrete or bituminous paving) adjacent to the driveway
and driveway entrance and at a maximum width of 18”, and shall require an approved
LETTER OF WAIVER prior to issuance of a permit and installation.
NOW THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND
BOARD OF TRUSTEES OF THE VILLAGE OF VERNON HILLS, LAKE COUNTY, ILLINOIS:
THAT maintenance, repair, and replacement of the
driveway entrance or carriage walk is the responsibility of the abutting
property owner or an Association representing multiple owners and includes
repair, replacement due to settlement, surface degradation, and replacement at
the end of its useful life; and
THAT, the Village in the course of its utility work
or a street rehabilitation project may replace the curb and gutter and driveway
apron at no expense to the property owner, and Portland cement concrete
driveway entrances will be replaced in kind and bituminous concrete driveway
entrances will be replaced in kind with the option to replace with Portland
cement concrete; and
THAT, when stamped portland cement concrete, Street
Print™ bituminous concrete, or Brick (clay, concrete) driveways are installed
in the public right of way, the Village is only responsible for replacement
with standard portland cement concrete driveway pavement as a result of Village
utility work or street rehabilitation projects and additional costs for
upgraded pavement shall be the responsibility of the adjacent property owner;
and
THAT, the Village shall be responsible only to
repair or replace the driveway entrances and not the ribbons of brick material
if utility work or a street rehabilitation project is contemplated at the
location.
IN TESTIMONY WHEREOF,
I have
hereunto set my hand and seal this 1st day of July 2003.
__________________________________
Village
Clerk
Corporate Seal
__________________________________
Village President