G-637 - 07/13/1999 - PUBLIC WORKS - Ordinances ORDINANCE 1999-PW-EX1-G-637
AN ORDINANCE ADOPTING A COMPREHENSIVE AMENDMENT
TO CHAPTER 12 ENTITLED, "PUBLIC WORKS"
OF THE CODE OF ORDINANCES
OF THE VILLAGE OF OAK BROOK, ILLINOIS
WHEREAS,the Village Manager has recommended a comprehensive amendment to Chapter 12
entitled, "Public Works"of the Code of Ordinances of the Village of Oak Brook; and
WHEREAS,the Village President and Board of Trustees have reviewed this comprehensive
amendment and have approved the changes recommended by the Village Manager;
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows:
Section :That the provisions of the preamble hereinabove set forth are hereby adopted as
though fully set forth herein.
Section 2: That Chapter 12 entitled, "Public Works"of the Code of Ordinances of the Village of
Oak Brook is amended to read as set forth in the attached exhibit labeled Exhibit A and incorporated
herein by reference.
Section • That this ordinance shall be in full force and effect from and after its passage, approval
and publication as required by law.
Section 4: That the Village Clerk is hereby authorized and directed to publish this ordinance in
pamphlet form in the manner provided by law.
PASSED THIS 13"'day of July, 1999.
Ayes: Trustees Butler. Craig Kenny. McInerney and Savino
Nays: None
Absent:Trustee Caleel
Abstain: None
APPROVED THIS 13'day of July, 1999.
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Village President
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Ordinance 1999-PW-EX1-G-637
Amending Chapter 12,
Public Works, Page 2
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Approved as to Form:
Village Attorney
Published 7/14/99 Pamphlet Form
Date Paper
Not Published
Public works
S L
Chapter 12
Public Works
Article L Definitions
Section 12-1. Definitions.
Certificated Area of the Oak Brook Utility Company. Those areas of land that have received
Certificates of Convenience and Necessity from the Illinois Commerce Commission for
water service from the Oak Brook Utility Company.
Day. A calendar day.
Infectious Disease. Dutch Elm Disease, Elm Yellows, Oak Wilt, Pine Wilt or any other disease
infecting deciduous or coniferous trees.
Landscape Watering. Outdoor use of water for sprinkling, watering, or irrigating shrubbery,
trees, lawns, grass, ground covers, plants, vines, gardens, vegetables, flowers or any other
vegetation.
Lot. A designated parcel of land in a subdivision or other parcel of land intended for transfer of
ownership or for building development as a complete and individual unit.
Noxious Weeds. Poison ivy, ragweed, Canada Thistles, perennial sow thistles, European
bindweed, leafy spurge, Russian knapweed, hoary cress,jimson, burdock,thistle, cocklebur,
or other weeds of a like kind.
Parkway. That part of a public way between the paved roadway portion and right-of-way line, in
the case of a public right-of-way, or in the case of a private street, the easement line.
Public Right-of-Way. Any land dedicated to the public for access and utility purposes including,
but not limited to, streets and alleys.
Public Utility Easement. Any designated parcel of land on, over or under which a liberty,
privilege, or advantage for use of land is granted to the Village of Oak Brook and those j
public or private utility companies operating under franchise or agreement from the Village
of Oak Brook.
Public Way. Public rights-of-way, public street areas by common usage, public bicycle or
pedestrian paths, or access easement areas granted to the Village. Public ways do not include
right-of-way under the jurisdiction of the State of Illinois or DuPage County.
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Sound Engineering Judgment. A decision(s) consistent with generally accepted engineering
principles, practices and experience.
Water. For the purpose of this chapter, the term "water" shall mean water provided by the
Village of Oak Brook water system.
Water service. That part of the water system consisting of a water service connection and water
service extension.
Water service connection. That part of the water system consisting of a service pipe extending
from the water main to and including a shut-off valve or curb stop (b-box).
Water service extension. That part of the water system consisting of a service pipe from the
water service pipe shut-off valve or curb stop to the water meter located on the premises
being served.
Work. Any construction, access to construction site, installation, alteration, excavation,
maintenance or repair. Work includes planting, cutting, pruning or removing trees or shrubs.
Article H. In General
Section 12-10. Purpose; Scope; Jurisdiction.
The purpose of this chapter is to set forth rules, regulations and standards to regulate and control
work in public ways and public utility easements and all sewer, water distribution, utility, street
and driveway approach construction in the Village in order to promote the public health, safety,
convenience and general welfare within the Village.
The regulations and requirements herein are established in order to provide for the orderly and
harmonious development of the Village, for the coordination of construction, and to secure a
uniform system of utilities, improvements and services, constructed to standards intended to
provide safe and dependable service to the public.
Section 12-11. Applicability; Permit Required; Exception.
Within the Village, all work within public ways and public utility easements shall meet the
requirements of and be carried out in compliance with this chapter and other pertinent Village
Ordinances. It shall be unlawful to proceed with any work within public ways and public utility
easements or with any water service extension construction without first having secured a permit
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therefor from the Village.
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Section 12-12. Application.
Application for a permit under this chapter shall be on forms furnished by the Village for that
purpose and shall include a description of the nature and location of the work to be done and
such other information as required by the Village. No work shall commence until such permit
has been issued by the Village.
A copy of the permit issued under this chapter and a copy of the approved plans and
specifications shall be kept at the location of the work at all times while such work is in progress.
Section 12-13. Insurance Required.
Each applicant for a permit required for work within public ways and public utility easements
shall carry adequate liability and property damage insurance as set forth in Article IX, Sections
2-230 through 2-236 of this Code of Ordinances.
The legal liability of the permittee to the Village and any person for any of the matters that are
the subject of the insurance policies or self-insurance required by this section shall not be limited
by such insurance policies or self-insurance or by the recovery of any amounts thereunder.
Section 12-14. Work Commenced Within 90 Days.
Work for which a permit has been issued shall commence within ninety (90) days after the
issuance of the permit therefor or within such extended period of time as determined by the
appropriate Village official upon good cause shown. If the work is not so commenced, the
permit shall automatically be terminated, the fee forfeited, and the performance security returned.
Applicants for such terminated permits may re-apply and such an application will be treated as a
new application.
Section 12-15. Expiration; Extension of Time.
Permits issued in accordance with the provisions of this chapter shall expire at the end of the
period of time as set forth in the permit. If the permittee shall be unable to complete the work
within the time period, he/she shall, prior to the expiration of the permit, present in writing to the
Village a request for an extension of time, setting forth therein the reasons for the requested
extension. If in the opinion of the Village Engineer such an extension is necessary and not
contrary to the public interest, he/she may grant the permittee additional time for completion of
the work.
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Section 12-16. Notice of Violation.
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Whenever the Village determines that a default or violation has occurred in the performance of
any term or condition of a permit or of any provision of this chapter, written notice thereof shall
be given to the permittee or his/her agent engaged in the work. Such notice shall contain a
statement of the default or violation, state the work to be done to cure the default or violation, the
period of time deemed by the Village to be necessary for the completion of such work (such time
shall not be less than fifteen (15) days unless the default or violation is deemed by the Village
Engineer to be an emergency in which case the work shall be accomplished immediately), that
the permit will be revoked if the permittee fails to perform, and that the performance security
will be forfeited if the permit is revoked. Such notice shall be given either by personal delivery
thereof to the permittee or his/her agent engaged in the work, by certified or registered United
States mail addressed to the person to be notified, or by telefax and regular mail. Thereafter, the
permittee shall, within the time therein specified, cause the required work to be performed. If the
permittee fails to perform within the allotted time, the Village will take whatever action it deems
necessary including revoking the permit.
Section 12-17. Revocation.
Any permit may be revoked by the Village after prior written notice in accordance with section
12-16 to the permittee for:
1. When the application, plans or other supporting documents of a permit reflect a false
statement or misrepresentation as to material fact; or
2. Violation of any provision of this chapter; or
3. Violation of any provision or condition of the permit; or
4. Violation of any applicable provision of the Code of Ordinances of the Village of Oak Brook
or any other ordinance or law relating to the work or violation of any relevant County, State,
or Federal requirement; or
5. Existence of any condition or the doing of any act constituting or creating a nuisance or
endangering the lives or property of others.
If the permittee fails to perform as required, the permit shall be revoked and written notice
thereof shall be given to the permittee or his/her agent engaged in the work. Such notice shall be
given either by personal delivery thereof to the permittee or his/her agent engaged in the work,
by certified or registered United States mail addressed to the person to be notified, or by telefax
and regular mail..
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Section 12-18. Stop-Work Order.
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The Village Engineer is authorized to issue an order requiring the suspension of any work within
a public way or public utility easement upon the discovery of any of the following:
1. Work is proceeding in a manner which creates imminent hazard or severe harm to persons or
property on or off the site, or
2. A Notice of Violation has been given and the period of time deemed by the Village to be
necessary for the completion of such work has elapsed, or
3. Work for which a permit is required has started, or is proceeding, without issuance of.such a
permit.
Such stop-work order shall be in writing, shall indicate the reason for its issuance, and shall order
the action, if any, necessary to resolve the circumstances requiring the stop-work order. One
copy of the stop-work order shall be posted on the property in a conspicuous place and one copy
shall be either given by personal delivery thereof to the agent engaged in the work, mailed by
certified or registered United States mail addressed to the person to be notified, or by telefax and
regular mail. It shall be unlawful to proceed with any work for which a stop-work order has been
given.
Section 12-19. Change of Ownership or Owner's Identity or Legal Status.
A utility shall notify the Village Engineer no less than thirty (30) days prior to the transfer of
ownership of any facility in public ways or public utility easements or change in identity of the
utility. The new owner of the utility or the facility shall have all the obligations, duties and
privileges enjoyed by the former owner under the permit, if any, and shall comply with all
applicable laws, ordinances, rules and regulations with respect to the work.
Section 12-20. Restoration of Street By Village.
When any permit has been revoked and the work authorized by the permit has not been
completed, the Village may do such work as is necessary to restore the area to a condition
acceptable to the Village. All expenses incurred by the Village for such restoration shall be paid
by the permittee and may be recovered from the performance security or other bonds posted.
Section 12-21. Liability of Village.
In no case shall any excavation or opening made by a permittee be considered the responsibility
of the Village or any of its officers or employees; and no officer or employee shall assume any
responsibility over any such opening except in the exercise of the police power, and then only
when necessary to protect life and property.
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Section 12-22. Depositing, Storing, Processing Material in Public Ways.
It shall be unlawful for any person to deposit, process or produce any material in or on any public
way or to store the same, either temporarily or permanently thereon; except that building
materials may be temporarily stored, processed or produced on public ways and except that
construction debris may be temporarily stored on public ways in a container provided by a
scavenger for removal by such scavenger if a permit therefor has been obtained.
Section 12-23. Drainage onto Public Ways.
It shall be unlawful for any person to cause, permit or maintain the existence of the discharge of
sump pumps or roof drains in any of the following manners or locations:
A. In a location which does not provide at least five feet (5') of pervious surface between the
point of discharge and any property line, unless such discharge is:
1. Into any open drainage ditch located within the site or on public ways; or
2. Into a storm sewer, provided that adequate capacity exists in the system and that the
hydraulic grade of the system will not cause a backup into buildings on the premises or
other premises.
B. Notwithstanding paragraph (1) above, in any manner and in any location that results in
standing water of a depth of three inches (3") or more or formation of ice of any thickness on
the paved portion of the public way or a sidewalk or a pathway.
When the owner or person in control of any property causes, permits or maintains any such
discharge, notice to remove such nuisance shall be given in writing by the Village Engineer by
either personal delivery or certified or registered United States mail addressed to the person to
whom was sent the tax bill for general taxes for the last preceding year on the property, or by
telefax and regular mail. In addition to any fine or penalty which may be imposed, if said
.recipient nevertheless fails to abate such discharge within ten (10) days of receipt of such notice,
the Village Engineer may cause the removal of such discharge and any reasonable expense
incurred by the Village in so doing shall be a charge against the owner so failing, which may be
recovered in an appropriate action at law. For the purposes of enforcing this article, the Village
Engineer may, at all reasonable times, enter in and upon any property within the Village.
In addition to all other remedies provided by law, the Village shall have a lien on the lot or plot
of real estate on which said discharge was found for the reasonable cost of the abatement of such
discharge. Within sixty (60) days after such cost is incurred, the Village shall cause to be filed a
notice of lien in the Office of the Recorder of Deeds. Such notice shall consist of a sworn
statement setting out: (1) A description of the real estate sufficient for identification thereof; (2)
the amount of money representing the cost and expense incurred or payable for each service; and
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(3) the date or dates when said cost and expense were incurred by the Village. For each year
after the date of filing of such notice, if such cost and expense are not paid by the owner or
persons interested in said real estate in that year, the Village shall file an additional notice in the
Office of the Recorder of Deeds imposing an interest charge of ten percent (10%)of the total cost
and expenses. Upon payment of the cost and expense by the owner of, or persons interested in,
said real estate, after the notice of lien has been filed, the Village shall issue a release of such
lien, which may be filed of record in said Recorder's office.
Section 12-24. Prohibited Discharges Into Storm Sewers and Other Drainage Structures
Generally.
It shall be unlawful for any person to discharge or empty, or cause to be discharged or emptied,
any type of sewage, including the effluent from septic tanks or other sewage treatment devices,
or any other domestic, commercial, or industrial waste, or any putrescible liquids, into any drain
the or sewer or other drainage structure installed for the purpose of conveying or discharging
surface water within the Village,
It shall be unlawful for any person to discharge or permit or cause to be discharged sanitary and
industrial waste water into any storm sewers constructed as part of the improvements of 22nd
Street(FAU 9877) known as State Section 1975-145-N, FAUS M-5003 (53), Village Section 75-
00008-00-PW.
It shall be unlawful for any person, firm or corporation to connect or cause to be connected, any
drain carrying, or to carry any toilet, sink, basement, septic tank, cesspool, industrial waste, or
any fixture or device discharging polluting substances, to any storm water drainage system
constructed as part of 16th Street (FAU 1448) and Spring Road (FAU 2671); an improvement
known as State Section 1976-109-N, FAUS Project M-5003(91).
Section 12-25. Damaging Sewers, etc.
It shall be unlawful for any person to break, damage, deface or destroy any sewer, culvert, catch
basin, manhole, water pipe or hydrant laid or placed in, upon, or under any public way or public
utility easement.
Section 12-26. Damaging Markers.
It shall be unlawful for any person to break, damage, change, remove, deface or otherwise injure
any sign, stake, post, or stone, placed or set to designate the corner or line of any lot, block, land,
street, or public way or to show the grade of any street or sidewalk in the Village.
Section 12-27. Location of Existing Utilities.
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Any applicant or permittee proposing to construct facilities in a public way or public utility
easement shall contact J.U.L.I.E. (800-892-0123) and the Village Public Works Department
(630-990-3044) and ascertain the presence and location of existing utilities in the area. The
Village will make its records available to the applicant. When notified of an excavation or when
requested by the Village or by J.U.L.I.E., a utility shall locate and physically mark its
underground facilities within 48 hours, excluding weekends and holidays, in accordance with the
Illinois Underground Facilities Damage Prevention Act (220 ILCS 50/1).
Any person who damages any utility through negligence or without having called for a location
of the utility shall be charged for the repair or re-installation of the utility.
Section 12-28. Removal, Relocation or Modification of Utility Facilities; Emergency Removal
or Relocation by Village.
Within ninety (90) days following written notice from the Village, a utility shall, at its own
expense, temporarily or permanently remove, relocate, change or alter the position of any utility
facilities within public ways or public utility easements whenever the Village has determined that
such removal, relocation, change or alteration is reasonably necessary for the construction,
repair, maintenance, or installation of any Village improvement in or upon public ways or public
utility easements.
The Village retains the right and privilege to cut or move any utility facilities located within
public ways or public utility easements as the Village may determine to be necessary, appropriate
or useful in response to any public health or safety emergency. If circumstances permit, the
Village shall attempt to notify the utility, if known, prior to cutting or removing a facility and
shall notify the utility, if known,, after cutting or removing such facility.
Section 12-29. Cleanup and Restoration.
Upon completion of all construction or maintenance of facilities, the permittee or utility shall
remove all excess material and restore all disturbed areas in a timely manner to a condition
substantially equivalent to that which existed prior to the commencement of work and to the
satisfaction of the Village. This work shall be accomplished in accordance with any permit
conditions.
Section 12-30. Maintenance of Facilities and Emergency Maintenance.
Facilities on, over, above, along, upon, under, across, or within public ways or public utility
easements are to be maintained by or for the utility or owner in a manner satisfactory to the
Village and at the utility's or owner's sole expense.
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Emergencies may justify non-compliance with normal procedures for securing a permit:
A. If an emergency creates a hazard on the traveled portion of the public way, the utility or
owner shall take immediate steps to provide all necessary protection for traffic on the public
way including the use of signs, lights, barricades or flaggers. If a hazard does not exist on the
traveled way, but the nature of the emergency is such as to require the parking on the
shoulder of equipment required in repair operations, adequate signs and lights shall be
provided. Parking on the shoulder in such an emergency will only be permitted when no
other means of access to the facility is available.
B. In an emergency, the utility or owner shall, as soon as possible, notify the Village Engineer
of the emergency, informing him/her as to what steps have been taken for protection of the
traveling public and what will be required to make the necessary repairs. If the nature of the
emergency is such as to interfere with the free movement of traffic, the Village police shall
be notified immediately.
C. In an emergency, the utility or owner shall use all means at hand to complete repairs as
rapidly as practicable and with the least inconvenience to the traveling public.
The utility or owner must apply for a permit for the emergency work with the Village within five
(5) days after such emergency.
Section 12-31. Penalties.
Any person who violates, disobeys, omits, neglects or refuses to comply with any of the
provisions of this chapter shall be subject to fine in accordance with the penalty provisions of
this Code of Ordinances of the Village of Oak Brook. There may be times when the Village will
incur delay or other costs, including third party claims, because the permittee will not or cannot
perform its duties under its permit or this chapter. Unless the permittee shows that another
allocation of the cost of undertaking the requested action is appropriate, the permittee shall bear
the Village's costs of damages and its costs of installing, maintaining, modifying, relocating, or
removing the facility that is the subject of the permit. No other administrative agency or
commission may review or overrule a permit related cost apportionment of the Village.
Sanctions may be imposed upon a permittee who does not pay the costs apportioned to it.
Section 12-32. Enforcement.
Nothing in this chapter shall be construed as limiting any additional or further remedies that the
Village may have for enforcement of this chapter.
Section 12-33. Variations or Waivers.
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The President and Village Board may approve variations or waivers of the provisions of this
Chapter 12 when, in its opinion, such variations or waivers are in harmony with the spirit of the
Chapter 12 requirements and when deemed appropriate.
Article III. Construction Regulations and Standards
Section 12-50. Public Works Construction Standards.
The Village Board may adopt, from time to time, Public Works Construction Standards upon the
recommendation of the Village Engineer and Village Manager. All work in public ways and
public utility easements shall be designed and constructed substantially in compliance with the
Public Works Construction Standards.
The Village shall use sound engineering judgment when administering the Public Works
Construction Standards and the Village Engineer may vary the Public Works Construction
Standards upon the approval of the Village Manager in specific cases which are in harmony with
the spirit of the Standards and when deemed appropriate. Nothing herein shall be construed to
limit the ability of the Village to regulate its public ways and public utility easements for the
protection of the public health, safety and welfare.
Article IV. Water
Division 1. Generally
Section 12-60. Water System Owned and Controlled by Village.
The system of water supply and distribution established, built and constructed in the Village, or
outside of the Village in areas served by the Village, is public property under the control,
jurisdiction and management of the Village. All extensions to the system located on public ways
and public utility easements shall become the property of the Village upon acceptance by the
Village.
Section 12-61. Tampering with Water System.
It shall be unlawful for any person, or other entity not authorized by the Village, to connect to,
tamper with, alter, operate or injure any part of the Village water system, or any water meter or to
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introduce any substance into any water pipes, lines or mains connected to or forming a part of the
system without written approval of the Village.
Section 12-62. Restoring of Water Service.
It shall be unlawful for any person other than an employee or agent of the Village to restore
water service to a customer whose service has been discontinued.
Section 12-63. Discontinuance of Water Supply.
In the event that the water system is damaged or in a non-serviceable condition, the Village
reserves the right to discontinue the supply of water without notice until all repairs have been
made and the water system again placed in a serviceable condition. It is understood that water is
furnished to the consumers of the water system under these conditions.
Section 12-64. Discontinuance of Service - Waste, Unauthorized Use, Meter Tampering.
In any case in which the Public Works Director determines that there is a willful or unreasonable
waste of water, unauthorized taps for fixture connections, or tampering with a meter from which
the customer benefits, the water supply may be shut off in whole or in part from any premises.
Such water service shall not be shut off until a minimum of seven days written notice has been
given to the party to whom the water bills are mailed and that the party will be given an
opportunity to be heard as to why the service should not be shut off. The written notice shall
also be posted by the Village on the entrance of the premises involved.
Section 12-65. Resale of Water.
No water from the Village water system shall be resold or distributed by any purchaser to any
other premises other than that for which application has been made and approved except in case
of an emergency and with the approval of the Public Works Director.
Section 12-66. Construction Requirements.
Water distribution system mains and water services shall be designed and constructed in
compliance with the Public Works Construction Standards and in conformance with the
provisions of this chapter.
Section 12-67. Private Well Connections Prohibited.
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No connection between the Village water system and a private water well shall be permitted and
it shall be unlawful to make or continue any such connection.
Section 12-68. Water Well Registration Required.
No person shall construct or drill any water well without first having registered with the Public
Works Director by supplying a copy of the DuPage County Health Department Permit
Application.
Division 2. Water Service Lines and Connections
Section 12-100. Applicability; Permit Required.
The construction, maintenance, and repair of all water service lines within the Village, or outside
of the Village in areas served by the Village, shall meet the requirements of and be carried out in
compliance with this chapter and other pertinent Village ordinances. It shall be unlawful to
proceed with any construction, maintenance, or repair of any water service line without first
having secured a permit therefor from the Village and no water service lines shall be constructed
or placed in service that do not meet the design and construction standards established by this
chapter.
Section 12-101. Water Service Application Areas.
A. Areas in Oak Brook presently served with water by the Village. Applications for permits for
water service within the Village and where the water mains are existing will be processed and
approved on meeting all applicable requirements of this chapter and other pertinent Village
ordinances and the payment of the required fees.
B. Areas outside Oak Brook within the certificated area of the Oak Brook Utility Company and
where the water mains exist. Applications for permits for water service within these areas
and where the necessary Oak Brook water mains exist will be processed and approved on
meeting all applicable requirements of this chapter and other pertinent Village Ordinances
and the payment of the required fees.
C. Other areas outside Oak Brook. Applications for permits for water service to areas outside
Oak Brook and not within the certificated area of the Oak Brook Utility Company shall be
considered pursuant to the Village's policy ordinance with respect to provision of water
service to areas outside the Village.
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D. Areas in Oak Brook and not served by water mains. Applications for permits for water
service in areas not presently served with water mains will not be processed until such mains
are installed. The mains must be installed at private expense and the Village will either:
1. Issue permits for the construction; or
2. Construct itself and recapture the cost from benefiting properties upon connection (public
recapture); or
3. Construct itself and facilitate private recapture agreements.
Section 12-102. Fire Protection/Water Service Lines.
Where a fire protection line is installed to provide fire protection water within a building, a single
fire protection/water service line may be installed from the appropriate water main to the
building where it shall split and from that point separate fire protection and domestic water
service lines shall be provided into the building. A gate valve shall be provided on each line near
the exterior of the building. Valve boxes will be permitted on these valves, provided they do not
fall within a driveway or paved area, in which case valve vaults will be required. All fire
protection line by-pass connections shall be metered. All fire protection lines, including by-pass
connections, shall be equipped with appropriate cross-connection control devices as required in
section 12-204. If a single fire protection/water service line is installed, the property owner shall
provide easements to the Village for access to the gate valves.
Section 12-103. Maintenance of Water Service Connections.
Water service connections are the property of and shall be maintained at the expense of the
Village.
Section 12-104. Maintenance of Water Service Extensions; Discontinuance of Service.
Water service extensions are the property of and shall be maintained at the expense of the owner
of the property served.
Any leaks or defects in water service extensions shall be promptly repaired by the owner and if
leaks develop in an existing service extension not meeting the requirements of this chapter, such
service extension shall be replaced with a line that does meet such requirements.
In case any leaks in a water service extension are not promptly repaired, the water supply may be
shut off in whole or in part by the Village, provided that such water service shall not be shut off
until a minimum of seven days written notice has been given to the party to whom the water bills
are mailed and that the party will be given an opportunity to be heard as to why the service
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should not be shut off. The written notice shall also be posted by the Village on the entrance of
the premises involved. Notwithstanding the forgoing, the water service may be shut off
immediately by the Village if the Public Works Director determines that an emergency exists.
The water supply shall not be turned on until such leak has been repaired and any expense
incurred by the Village in connection therewith has been paid by the owner, occupant or user.
Section 12-105. Liability of Village.
The Village shall not be liable for any damage caused by a leak or break in any water service
extension.
Section 12-106. Turning On Water Supply.
No water service extension shall be turned on for service, other than for construction purposes,
until the Director of Community Development has inspected the water supply lines in the
building and certified that they comply with the Plumbing Code requirements of the Village and
until the Public Works Department has inspected and approved the water service and the water
meter.
The,water service extension serving any property shall not be turned on by anyone other than
Water Division employees or other persons authorized by the Public Works Director.
Section 12-107. Installation Of Water Main Prerequisite To Connection.
No water service may be made unless a water main meeting the requirements of this chapter has
been installed adjacent to the property to be served.
Section 12-108. Reconstruction Of Existing Service.
Where an existing property is served by a water service extending past adjacent property, such
water service shall be reconstructed at the expense of the owner of the property served by such
water service within one year after the placing in service of a water main adjacent to said
property, or if such main already exists, within one year after March 27, 1973.
Section 12-109. Extensions to Adjoining Premises Prohibited.
No property owner will be permitted to extend a water service across a lot to adjoining premises
to avoid an extension of a water main to serve those adjoining premises.
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Section 12-110. Responsibility and Payment of Water Services.
Where a water service connection does not exist, said water service connection shall be installed
by a licensed plumber at the sole expense of the owner of the premises being served.
Where a water service extension does not exist, said water service extension shall be installed by
a licensed plumber at the sole expense of the owner of the premises being served.
Division 3. Water Meters and Billing.
Section 12-150. Meter Requirements.
All premises using water from the Village water system must be equipped with an accurate water
meter obtained from the Village on payment of the required fees and installed by the Water
Division or by a licensed plumber in a place of easy access. Said meter location shall, where
possible, be located within three feet (3') of the point where the water service enters the building.
Rigid conduit shall be installed extending from the meter to the outside register. Branch
supplies, tees, wyes, etc. shall be prohibited between the meter and the water main. The water
meter is and shall remain the property of the Village. Underground meter vaults or pits are
prohibited.
Section 12-151. Meter Maintenance and Repair.
Subsequent to installation, the water meter shall be maintained or, if necessary, replaced by the
Village at the Village's cost and expense for normal wear and tear. The owner of the premises
being served shall pay for the cost of repair or replacement of the meter for other than normal
wear and tear.
Section 12-152. Supply of Water To Premises During Construction.
Premises may be supplied with unmetered water during construction at a cost determined
pursuant to section 12-303(H).
Section 12-153. Payment Liability.
In every case, the owner of the served premises, the occupant thereof and the user of the service
shall be jointly and severally liable to pay for the service on such premises; and the service is
furnished to the premises by the Village only upon the condition that the owner of the premises,
occupant and user of the service are jointly and severally liable therefor to the Village. Liability
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is for payment of all water used on the premises until written notice has been received by the
Village that the use of water is no longer desired and the water service turned off by the Village.
Owners, occupants and users are liable for all water shown to have passed through the meter on
the property whether by use, wastage, leakage or any other cause.
Section 12-154. Billing Period.
Bills for metered service shall be rendered periodically and shall show the readings of the meter
at the beginning and end of the period for which the bill is rendered.
Section 12-155. Estimated Usage.
If a water meter at any time fails to accurately register the quantity of water consumed, or the
Village is unable to obtain a water meter reading, the usage may be estimated on the basis of the
quantity registered to the premises during the corresponding period of the preceding year. If
there was no usage in the corresponding period of the preceding year, then the estimated usage
shall be determined by the Village based on the typical consumption at similar premises.
Section 12-156. Time of Payment.
Bills for water service shall be mailed or delivered to the customer's last address as shown by the
records of the Village when due, but failure to receive a bill will not relieve the customer from
the obligation to pay the same. All bills must be paid at the office of the Village. All bills for
water service become delinquent twenty one (21) days after the date of bill and are subject to a
late payment charge pursuant to section 12-303(J).
The amount indicated on a bill as due (without penalty) will be accepted if mailed and
postmarked within twenty one (21) days of the date of the bill. When the last day for payment
falls on a Saturday, Sunday or legal holiday, the time for payment of the bill will automatically
be extended to include the next business day.
Section 12-157. Water Shut-Off;Non-reading of Meter; Non-Accessibility of Meter.
In cases where, for any cause, access to the meter is denied for a period of forty-five (45) days,
the water supply may be shut off in whole or in part by the Village, provided that such water
service shall not be shut off until a minimum of seven days written notice has been given to the
party to whom the water bills are mailed and that the party will be given an opportunity to be
heard as to why the service should not be shut off. The written notice shall also be posted by the
Village on the entrance of the premises involved. Notwithstanding the forgoing, the water
service may be shut off immediately by the Village if the Public Works Director determines that
an emergency exists. The water supply shall not be turned on until such access has been given
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and any expense incurred by the Village in connection therewith has been paid by the owner,
occupant or user.
Section 12-158. Contested Bills.
In cases where a customer files a written objection to any bill within twenty one (21) days of the
date of the bill, the Village shall accept payment (without penalty) within ten (10) days after the
customer has been notified of the results of the Village's investigation. Thereafter, a late
payment charge shall be payable on the amount billed pursuant to section 12-303(J).
In cases of a contested bill, the customer may request that the meter be tested for accuracy. No
charge will be made for the test if it is found that the meter needs repair through normal use. If
the meter is found to be accurate within two (2%) percent, the customer shall be required to
reimburse the Village for the cost of the test.
Section 12-159. Non-Payment of Bills.
The water supply may be shut off in whole or in part from any premises for which the water bill
or any other charges remains unpaid thirty (30) days after the date of such bill; provided,
however, water service shall not be shut off until a minimum of seven (7) days written notice has
been given to the party to whom the water bills are mailed and that the party will be given an
opportunity to be heard as to why the service should not be shut off. The written notice shall
also be posted by the Village on the entrance of the premises involved. When the water has been
shut off, the supply shall not be turned on except upon payment of all delinquent bills, and the
fee specified for turning on water pursuant to section 12-303(F).
In the event any water bills or any other charges are not paid within twenty-one (21) days after
rendition of the bill for such service, such charges shall be deemed and are hereby declared to be
delinquent, and thereafter such delinquencies shall constitute liens upon the real estate for which
such service is supplied, and the Village Treasurer is hereby authorized to file sworn statements
showing such delinquencies, in excess of one hundred ($100) dollars, in the Office of the
Recorder of Deeds and the filing of such statements shall be deemed notice of a lien for the
payment of such charges for such service.
Section 12-160. Duties of Village Treasurer With Respect To Rates and Charges; Disposition of
Waterworks Funds.
It is hereby made the duty of the Village Treasurer to render bills for water service and for all
rates and charges in connection therewith and to collect all money due therefor.
All revenues and moneys derived from the operation of the waterworks system shall be held by
the Village Treasurer in a fund separate and apart from all other funds of the Village. The
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Village Treasurer shall administer such fund in every respect in the manner provided by 65 ILCS
5/11-129-5.
The Village Treasurer shall establish a proper system of accounts and shall keep proper books,
records and accounts in which complete and correct entries shall be made of all transactions
relative to the waterworks system, and at regular annual intervals he/she shall cause to be made
an audit by an independent auditing concern of the books and records of the said waterworks
system.
Division 4. Restrictions on Use
Section 12-200. Application of regulations.
The provisions of this division shall apply to all persons receiving water from the Village.
Section 12-201. Prohibited uses.
The.use and withdrawal of water by any person for the following purposes is hereby prohibited:
A. Landscape watering. Landscape watering other than in accordance with the schedule set
forth in section 12-202.
B. Ornamental fountains. The operation of any ornamental fountain or other structure making a
similar use of water not employing a recirculating system.
C. Swimming pools. Swimming and wading pools not employing a filter and recirculating
system.
D. Escape through defective plumbing. The escape of water through defective plumbing.
E. Open-system air-conditioning. All buildings containing, or in which it is proposed to install,
an air-conditioning system, as defined herein, shall comply with the following provisions:
L Definitions.
(a) Air-conditioning: Cooling or dehumidification, or both , of space for human
occupancy, food preservation, industrial processing or data processing.
(b) Air-conditioning system: One (1) or more air-conditioning units, utilizing water-
cooled condensers, the water for which passes through a common meter, whether or
not the units are owned by the property owners, tenants or a combination thereof.
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Submetering of individual air-conditioning units serving the same or adjacent space
under one (1) property owner or tenant shall not create separate systems.
(c) Installed capacity: The total number of tons or refrigeration installed on one (1) air-
conditioning system.
(d) Ton of refrigeration: One (1) compressor horsepower (twelve thousand (12,000 Btu),
the heat required to melt ice at the rate of one (1)ton of ice in twenty-four(24)hours.
(e) Water-conserving device: A cooling tower, spray pond, evaporative condenser or
other equipment by which water is cooled and recirculated, thereby limiting the use of
additional water to replace water lost through evaporation.
2. No air-conditioning system shall be erected, installed, altered, converted, remodeled,
structurally repaired, moved or its use changed without a permit from the building
commissioner. A condition of such a permit shall be that the air-conditioning system be
equipped with a water-conserving device approved by the building commissioner.
F. All newly constructed or remodeled car wash facilities shall be equipped with a water
recycling system.
Section 12-202. Landscape Watering.
Landscape watering shall be permitted as follows:
A. Odd-numbered street addresses: Tuesday and Saturday-- 6:00 a.m. until noon and 6:00 p.m.
until midnight, provided that newly seeded areas as well as planted sod may be sprinkled at
any time on any day for a maximum period of two (2) weeks from the date of installation.
B. Even-numbered street addresses: Wednesday and Sunday-- 6:00 a.m. until noon and 6:00
p.m. until midnight, provided that newly seeded areas as well as planted sod may be
sprinkled at any time on any day for a maximum period of two (2) weeks from the date of
installation.
Use of hand-held watering devices (including watering cans) may be used at any time on any
day.
Landscape watering with water not supplied by the Village is permitted at any time on any day.
Notwithstanding all of the above provisions, upon notice from the Village Engineer, no person
shall water at any time when watering would interfere with construction or maintenance of
Village or Village-sponsored projects.
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Section 12-203. Enforcement.
A. Police officers to enforce. Every police officer of the Village shall, in connection with
his/her duties imposed by law, diligently enforce the provisions of this Division 4.
B. Discontinuance of service. The Village Manager shall have the authority to enforce the
provisions of this division by the discontinuance of water service in the event of violation
hereof. In addition to any other penalties, any request to restore water service after a
violation of section 12-202 shall be subject to the submission to the Village of all applicable
fees and charges.
C. Violation notice; penalty. In addition to the other penalties provided for in this section and in
the Code of Ordinances, the Police Department is authorized to place violation notices on the
location of any violation of the provisions of this division; citations for such violations shall
require the payment of two hundred fifty dollars ($250.00) within thirty (30) days of the date
of the violation notice in order to avoid further proceedings pursuant to the general penalty
provisions of section 1-8 of this Code of Ordinances.
Section 12-204. Cross-Connection Control Regulations.
A. General Policy.
1. Purpose. The purpose of these rules and regulations is:
(a) To protect the public water supply system from contamination or pollution by
isolating within the customer's water system contaminants or pollutants through the
service connection into the public water supply.
(b) To promote the elimination or control of existing cross-connections, actual or
potential, between the public or consumer's potable water system and nonpotable
water systems, plumbing fixtures and sources or systems containing substances of
unknown or questionable safety.
(c) To provide for the maintenance of a continuing program of cross-connection control
which will prevent the contamination or pollution of the public and consumer's
potable water systems.
2. Application. These rules and regulations shall apply to all premises served by the public
potable water supply system of the Village.
3. Policy. The owner or official custodian shall be responsible for protection of the public
water supply system from contamination due to backflow or back-siphonage of
contaminants through the customer's water service connection. If, in the judgment of the
Public Works Director or his authorized representative, an approved backflow prevention
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device is necessary for the safety of the public water supply system, the Public Works
Director shall give notice to the consumer to install such approved backflow prevention
device at each service connection to the premises. The consumer shall immediately
install such approved device or devices at his own expense. Failure, refusal or inability
on the part of the consumer to install such device or devices immediately shall constitute
grounds for discontinuing water service to the premises until such device or devices have
been installed. The consumer shall retain records of installation, maintenance, testing and
repair as required in (e)(4)d.4. below for a period of at least five (5) years. The Public
Works Director may require the consumer to submit a cross-connection inspection report
to the Village Water Division to assist in determining whether or not service line
protection will be required. All cross-connection inspections shall be conducted by a
cross-connection device inspector certified by the Illinois Environmental Protection
Agency.
B. Definitions. The following definitions shall apply in the interpretation and enforcement of
these cross-connection control regulations:
Agency. Illinois Environmental Protection Agency.
Approved. Backflow prevention devices or methods approved by the Research Foundation For
Cross-Connection Control of the University of Southern California, Association of State
Sanitary, Engineers, American Water Works Association, American National Standards
Institute, or certified by the National Sanitation Foundation.
ASSB. Association of State Sanitary Engineers.
Auxiliary water system. Any water source or system on or available to the premises other than
the public water supply system and includes the water supplied by the system. These
auxiliary waters may include water from another purveyor's public water supply system; or
water from a source such as wells, lakes, or streams, or process fluids; or used water. These
waters may be polluted or contaminated or objectionable or constitute a water source or
system over which the water purveyor does not have control.
Backflow. The'flow of water or Qther liquids, mixtures, or substances into the distribution pipes
of a potable water system from any source other than the intended source of the potable water
supply.
Backflow prevention device. Any device, method, or type of construction intended to prevent
backflow into a potable water system. All devices used for backflow prevention in Illinois
must meet the standards of the Illinois Plumbing Code and Illinois Environmental Protection
Agency.
Consumer or customer. The owner, official custodian or person in control of any premises
supplied by or in any manner connected to a public water system.
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Consumer's tivater system. Any water system located on the consumer's premises. A building
plumbing system is considered to be a consumer's water system.
Contamination. An impairment of the quality of the water by entrance of any substance to a
degree which could create a health hazard.
CCCDI. Cross Connection Control Device Inspector.
Cross-connection. Any physical connection or arrangement between two (2) otherwise separate
piping systems, one of which contains potable water and the other a substance of unknown or
questionable safety or quality, whereby there may be a flow from one system into the other.
1. Direct cross-connection means a cross-connection formed when a water system is
physically joined to a source of unknown or unsafe substance.
2. Indirect cross-connection means a cross-connection through which an unknown substance
can be forced, drawn by vacuum or otherwise introduced into a safe potable water
system.
Double check valve assembly. An assembly composed of single, independently acting check
valves approved under ASSE Standard 1015. A double check valve assembly must include
tight shut-off valves located at each end of the assembly and suitable connections for testing
the water tightness of each check valve.
Fixed proper air qap. The unobstructed vertical distance through the free atmosphere between
the water discharge point and the flood level rim of the receptacle.
Health hazard. Any condition, device or practice in a water system or its operation resulting
from a real or potential danger to the health and well-being of consumers. The word "severe"
as used to qualify "health hazard" means a hazard to the health of the user that could be
expected to result in death or significant reduction in the quality of life.
Inspection. A plumbing inspection to examine carefully and critically all materials, fixtures,
piping and appurtenances, appliances and installations of a plumbing system for compliance
with requirements of the Illinois Plumbing Code, 77 Illinois Administrative Code 890.
Nonpotable tivater. Water not safe for drinking, personal, or culinary use as determined by the
requirements of 35 Illinois Administrative Code 604.
Plumbing. The actual installation, repair, maintenance, alteration or extension of a plumbing
system by any person. Plumbing includes all piping, fixtures, appurtenances and appliances
for a supply of water for all purposes, including without limitation lawn sprinkler systems,
from the source of a private water supply on the premises or from the main in the street, alley
or at the curb to within and about any building or buildings where a person or persons live,
work or assemble. Plumbing includes all piping, from discharge of pumping units to and
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including pressure tanks in water supply systems. Plumbing includes all piping, fixtures,
appurtenances, and appliances for a building drain and a sanitary drainage and related
ventilation system of any building or buildings where a person or persons live, work or
assemble from the point of connection of such building drain to the building sewer or private
sewage disposal system five (5) feet beyond the foundation walls.
Pollution. The presence of any foreign substance (organic, inorganic radiological, or biological)
in water that tends to degrade its quality so as to constitute a hazard or impair the usefulness
of the water.
Potable water. Water which meets the requirements of 35 Illinois Administrative Code 604 for
drinking, culinary, and domestic purposes.
Potential cross-connection. A fixture or appurtenance with threaded hose connection, tapered
spout, or other connection which would facilitate extension of the water supply line beyond
its legal termination point.
Process fluids. Any fluid or solution which may be chemically, biologically or otherwise
contaminated or polluted in a form or concentration such as would constitute a health,
pollutional, or system hazard if introduced into the public or a consumer's potable water
system. This includes but is not limited to:
1. Polluted or contaminated waters;
2. Process waters;
3. Used waters originating from the public water supply system which may have
deteriorated in sanitary quality;
4. Cooling waters;
5. Questionable or contaminated natural waters taken from wells, lakes, streams, or
irrigation systems;
6. Chemical in solution or suspension;
7. Oils, gases, acids, alkalis, and other liquid and gaseous fluids used in industrial or other
process, or for fire fighting purposes.
Public water supply. All mains, pipes, and structures through which water is obtained and
distributed to the public, including wells and well structures, intakes and cribs, pumping
stations, treatment plants, reservoirs, storage tanks and appurtenances, collectively or
severally, actually used or intended for use for the purpose of furnishing water for drinking or
general domestic use and which serve at least fifteen (15) service connections or which
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regularly serve at least twenty-five (25) persons at least sixty (60) days per year. A public
water supply is either a"community water supply" or a"noncommunity water supply".
Reduced pressure principal backflow prevention device. A device containing a minimum of two
(2) independently acting check valves together with an automatically operated pressure
differential relief valve located between the two (2) check valves and approved under ASSE
Standard 1013. During normal flow and at the cessation of normal flow, the pressure
between these two (2) check valves shall be less than the supply pressure. In case of leakage
of either check valve, the differential relief valve, by discharging to the atmosphere, shall
operate to maintain the pressure between the check valves at less than the supply pressure.
The unit must include tightly closing shut-off valves located at each end of the device, and
each device shall be fitted with properly located test cocks.
Service connection. The opening, including all fittings and appurtenances, at the water main
through which water is supplied to the user.
Survey. The collection of information pertaining to a customer's piping system regarding the
location of all connections to the public water supply system and must include the location,
type and most recent inspection and testing data of all cross-connection control devices and
methods located within that customer's piping system. The survey must be in written form,
and should not be an actual plumbing inspection.
System hazard. A condition through which an aesthetically objectionable or degrading material
not dangerous to health may enter the public water supply system or a consumer's potable
water system.
U.ved water. Any water supplied by a public water supply system to a consumer's water system
after it has passed through the service connection and is no longer under the control of the
water supply official custodian.
Water purveyor. The owner or official custodian of a public water system.
C. Water system.
1. The water system shall be considered as made up of two (2) parts; the public water supply
system and the consumer's water system.
2. The public water supply system shall consist of the source facilities and the distribution
system, and shall include all those facilities of the potable water system under the control
of the Public Works Director up to the point where the consumer's water system begins.
3. The source shall include all components of the facilities utilized in the production,
treatment, storage and delivery of water to the public water supply distribution system.
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4. The public water supply distribution system shall include the network or conduits used to
deliver water from the source to the consumer's water system.
5. The consumer's water system shall include all parts of the facilities beyond the water
service pipe shut-off valve or curb stop used to convey water from the public water
supply distribution system to points of use.
D. Cross-connection prohibited.
1. Connections between potable water systems and other systems or equipment containing
water or other substances of unknown or questionable quality are prohibited except when
and where approved cross-connection control devices or methods are installed, tested, and
maintained to insure proper operation on a continuing basis.
2. No physical connection shall be permitted between the potable portion of a supply and
any other water supply not of equal or better bacteriological and chemical quality as
determined by inspection and analysis by the Agency. There shall be no arrangement or
connection by which an unsafe substance may enter a supply.
E. Survey and investigations.
.1. The consumer's premises shall be open at all reasonable times to the approved cross-
connection control device inspector for the inspection of the presence or absence of cross-
connections within the consumer's premises, and testing, repair and maintenance of
cross-connection control devices within the consumer's premises.
2. On request of the Public Works Director, or his authorized representative, the consumer
shall furnish information regarding the piping system or systems or water use within the
consumer's premises. The consumer's premises shall be open at all reasonable times to
the Public Works Director for the verification of information submitted by the consumer
to the Public Works Director regarding cross-connection inspection results.
3. It shall be the responsibility of the water consumer to arrange periodic surveys of water
use practices on his/her premises to determine whether there are actual or potential cross-
connections to his/her water system through which contaminants or pollutants could
backflow into his/her or the public potable water system. All cross-connection control or
other plumbing inspections must be conducted in accordance with 225 ILCS 320/3(1).
4. It is the responsibility of the water consumer to prevent backflow into the public water
system by ensuring that:
(a) All cross-connections are removed; or approved cross-connections control devices are
installed for control of backflow and back-siphonage.
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(b) Cross-connection control devices are installed in accordance with the manufacturer's
instructions.
(c) Cross-connection control devices are inspected at the time of installation and at least
annually by a person approved by the Agency as a cross-connection control device
inspector. The inspection of mechanical devices shall include physical testing in
accordance with the manufacturer's instructions.
(d) Testing and records:
(1) Each device shall be tested at the time of installation and at least annually or more
frequently if recommended by the manufacturer.
(2) Records submitted to the Village shall be available for inspection by Agency
personnel in accordance with 415 ILCS 5/4(e).
(3) Each device shall have a tag attached listing the date of the most recent test, name
of CCCDI, and type and date of repairs.
(4) A maintenance log shall be maintained and include:
(i) Date of each test;
(ii) Name and approval number of person performing the test;
(iii)Test results;
(iv)Repairs or servicing required,
(v) Repairs and date completed; and
(vi)Service performed and date completed.
F. Where protection is required:
1. An approved backflow device shall be installed on all connections to the public water
supply as described in the Plumbing Code, 77 Illinois Administrative Code 890 and the
Agency's regulations 35 Illinois Administrative Code 680. In addition, an approved
backflow prevention device shall be installed on each service line to a consumer's water
system serving premises, where in the judgment of the Public Works Director , actual or
potential hazards to the public water supply system exist.
2. An approved backflow preventing device shall be installed on each service line to a
consumer's water system serving premises where the following conditions exist:
(a) Premises have an auxiliary water supply, unless such auxiliary supply is accepted as
an additional source by the Public Works Director and the source is approved by the
Illinois Environmental Protection Agency.
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(b) Premises on which any substance is handled which can create an actual or potential
hazard to the public water supply. This shall include premises having sources or
systems containing process fluids or waters originating from the public water supply
system which are no longer under the sanitary control of the Public Works Director.
(c) Premises having internal cross-connections that, in the judgment of the Public Works
Director and/or the cross-connection control device inspector,are not correctable or
intricate plumbing arrangements which make it impractical to determine whether or
not cross-connection exist.
(d) Premises where, because of security requirements or other prohibitions or restrictions,
it is impossible or impractical to make a complete cross-connection survey.
(e) Premises having a repeated history of cross-connections being established or re-
established.
3. An approved backflow device shall be installed on all connections to the public water
supply as described in the Plumbing Code, 77 Illinois Administrative Code 890 and the
Agency's regulations 35 Illinois Administrative, an approved backflow prevention device
shall be installed on each service line to a consumer's water system serving, but not
necessarily limited to, the following types of facilities unless the Public Works Director
determines that no actual or potential hazard to the public water supply system exists:
(a) Hospitals, mortuaries, clinics, nursing homes;
(b) Laboratories;
(c) Piers, docks, waterfront facilities;
(d) Sewage treatment plants, sewage pumping stations or stormwater pumping stations;
(e) Food or beverage processing plants;
(f) Chemical plants;
(g) Metal plating industries;
(h) Petroleum processing or storage plants;
(i) Radioactive material processing plants or nuclear reactors;
0) Car washes;
(k) Pesticide, or herbicide or extermination plants and trucks; and
(1) Farm service and fertilizer plants and trucks.
G. Type of protection required:
1. The type of protection required under subsections F(2)(a)-F(2)(c) of these regulations
shall depend on the degree of hazard which exists as follows:
(a) An approved fixed proper air gap separation shall be installed where the public water
supply system may be contaminated with substances that could cause a severe health
hazard.
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(b) An approved fixed proper air gap separation or an approved reduced pressure
principle backflow prevention assembly shall be installed where the public water
supply system may be contaminated with a substance that could cause a system or
health hazard.
(c) An approved fixed proper air gap separation or an approved reduced pressure
principle backflow prevention assembly or a double check valve assembly shall be
installed where the public water supply system may be polluted with substances that
could cause a pollution hazard not dangerous to health.
2. The type of protection required under subsections F(2)(d) and F(2)(e) of these regulations
shall be an approved fixed proper air gap separation or an approved reduced pressure
principle backflow prevention device.
3. Where a public water supply or an auxiliary water supply is used for a fire protection
system, reduced pressure principle backflow preventers shall be installed on fire safety
systems connected to the public water supply when:
(a) The fire safety system contains anti-freeze, fire retardant or other chemicals.
(b) Water is pumped into the system from another source; or
(c) Water flows by gravity from a nonpotable source; or water can be pumped into the
fire safety system from any other source;
(d) There is a connection whereby another source can be introduced into the fire safety
system.
4. All other fire safety systems connected to the potable water supply shall be protected by a
double check valve assembly on metered service lines and a double detector check valve
assembly on unmetered service lines.
H. Backflow prevention devices:
1. All backflow prevention devices or methods required by these rules and regulations shall
be approved by the Research Foundation for Cross-Connection Control of the University
of Southern California, American Water Works Association, American Society of
Sanitary Engineering, or American National Standards Institute or certified by the
National Sanitation Foundation to be in compliance with applicable industry
specification.
2. Installation of approved devices shall be made in accordance with the manufacturer's
instructions. Maintenance as recommended by the manufacturer of the device shall be
performed and a manufacturer's maintenance manual shall be available on site.
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I. Inspection and maintenance:
1. It shall be the duty of the owner of any premises on which backflow prevention devices
required by these regulations are installed to have inspections, tests, maintenance and
repairs made in accordance with the following schedule or more often where inspections
indicate a need or are specified in manufacturer's instructions.
(a) Fixed proper air gap separations shall be inspected to document that a proper vertical
distance is maintained between the discharge point of the service line and the flood
level rim of the receptacle at the time of installation and at least annually thereafter.
Corrections to improper or bypassed air gaps shall be made within twenty-four (24)
hours.
(b) Double check valve assemblies shall be inspected and tested at time of installation
and at least annually thereafter, and required service performed within five (5) days.
(c) Reduced pressure principle backflow prevention assemblies shall be tested at the time
of installation and at least annually or more frequently if recommended by the
manufacturer, and required service performed within five (5) days.
2. Testing shall be performed by a person who has been approved by the Agency as
competent to service the device. Proof of approval shall be in writing.
3. Each device shall have a tag attached listing the date of most recent test or visual
inspection, name of tester, and type and date of repairs.
4. A maintenance log shall be maintained by the customer and include:
(a) Date of each test or visual inspection;
(b) Name and approval number of person performing the test or visual inspection;
(c) Test results;
(d) Repairs or servicing required;
(e) Repairs and date completed; and
(f) Servicing performed and date completed.
5. Whenever backflow prevention devices required by these regulations are found to be
defective, they shall be repaired or replaced at the expense of the consumer without delay
as required by subsection I(1) hereinabove.
6. Backflow prevention devices shall not be bypassed, made inoperative, removed or
otherwise made ineffective without specific authorization by the Public Works Director .
J. Booster pumps:
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I. Where a booster pump has been installed on the service line to or within any premises,
such pump shall be equipped with a low pressure cut-off device designed to shut off the
booster pump when the pressure in the service line on the suction side of the pump drops
to twenty (20) psi or less.
2. It shall be the duty of the water consumer to maintain the low pressure cut-off device in
proper working order and to certify to the Public Works Director, at least once a year, that
the device is operable.
K. Violations:
1. The Public Works Director shall deny or discontinue after reasonable notice to the
occupants thereof, the water service to any premises wherein any backflow prevention
device required by these regulations is not installed, tested, maintained and repaired in a
manner acceptable to the Public Works Director, or if it is found that the backflow
prevention device has been removed or bypassed, or if an unprotected cross-connection
exists on the premises, or if a low pressure cut-off required by these regulations is not
installed and maintained in working order.
2. Water service to such premises shall not be restored until the consumer has corrected or
eliminated such conditions or defects in conformance with these regulations to the
satisfaction of the Public Works Director and the submission to the Village of a water
turn on charge.
3. Neither the Village, the Public Works Director, or its agents or assigns shall be liable to
any customers of the Village Village's water supply system for any injury, damages, or
lost revenues which may result from termination of said customer's water supply in
accordance with the terms of this section, whether or not said termination of the water
supply was with or without notice.
4. The consumer responsible for back-siphoned material or contamination through
backflow, if contamination of the potable water supply system occurs through an illegal
cross-connection or an improperly installed, maintained or repaired device, or a device
which has been bypassed, must bear the cost of clean up of the potable water supply
system.
5. Any person found to be violating any provision of this section shall be served with
written notice stating the notice of the violation and providing a reasonable time limit of
the satisfactory correction thereof. The offender shall, within the period of time stated in
such notice, permanently cease all violations.
6. Any person violating any of the provisions of this section in addition to the fine provided,
shall become liable to the Village for any expense, loss or damage occasioned by the
Village by reason of such violation, whether the same was caused before or after notice.
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Article V. Trees, Shrubs and Weeds
Section 12-250. Trees and Shrubs in Public Rights-of-Way or Public Ways,
Any trees or shrubs located within public rights-of-way are public property under the control and
jurisdiction of the Village. All trees or shrubs placed within public rights-of-way shall become
the property of the Village upon their placement..
Trees may be planted within public ways in accordance with the Public Works Construction
Standards and upon receipt of a permit. Approved tree species are listed within the Public Works
Construction Standards. Placement of trees shall be limited to areas that do not impede or
interfere with the sight of pedestrians or operators of vehicles. The applicant shall provide any
landscape watering necessary.
Section 12-251. Damaging Public Trees.
It shall be unlawful for any person to remove, cut down, damage, or injure any tree in any public
right-of-way.
Section 12-252. Trees and Shrubs to be Pruned When Causing Obstruction.
It shall be unlawful for any person owning or controlling property in the Village to permit the
growth of any tree or shrub in such a manner so as to impede or interfere with the reflection of
street lights or the sight or passage of persons or motorists on public ways, or create a hazard to
public safety. Any tree or shrub which overhangs any public way in such a way as to impede or
interfere with said reflection of street lights or said sight or passage or which creates a hazard to
public safety shall be trimmed by the owner of said tree or shrub so that the obstruction or hazard
shall cease. If, after fourteen (14) days written notice from the Public Works Director by either
personal delivery or certified or registered United States .mail addressed to the person to be
notified, or by telefax and regular mail, the owner fails to remove said obstruction or hazard, the
Public Works Director shall take such steps as necessary to insure elimination of the obstruction
or hazard. Any costs or expenses incurred by the Village shall be charged to the owner and, if
not paid within 30 days after billing, become a lien upon the real estate affected, provided the
Village files a notice of lien in the Office of the Recorder of Deeds in the county in which the
real estate is located.
Section 12-253. Attachments to Trees.
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It shall be unlawful for any person to attach any material, wire, insulator or any wire
appurtenance to any tree within public right-of-way.
Section 12-254. Trees - Infectious Diseases - Declared A Public Nuisance.
A. The Public Works Director shall be responsible for the control of infectious diseases and the
removal of any trees on Village property physically damaged to the extent that they cannot be
saved.
B. All trees infected with an infectious disease as determined by the Public Works Director are
hereby declared to be a public nuisance. The Public Works Director is authorized to enter
onto any public or private property to remove any tree so infected when the owner of such
property refuses or neglects to test and remove such tree.
C. If it is determined that any tree is so infected, the Public Works Director shall notify the
owner of the premises upon which the tree is located in writing to remove such tree. If the
owner does not cause the same to be removed and destroyed within ten (10) days of receipt of
such notification, the Public Works Director shall enter upon such property and remove such
tree. Express power to so enter upon such lands and remove such tree is hereby conferred
upon such Public Works Director. Any costs or expenses incurred by the Village in
removing any tree so diseased shall be charged to the owner and, if not paid within 30 days
after billing, become a lien upon the real estate affected, provided the Village files a notice of
lien in the Office of Recorder of Deeds in the county in which the real estate is located.
Section 12-255. Noxious Weeds - Declared A Public Nuisance.
Noxious weeds are hereby declared to be a public nuisance.
Section 12-256. Duty of Landowners; Powers of Public Works Director; Penalty.
It shall be the duty of all owners of lands on which noxious weeds are found growing to destroy
them before they reach a seed bearing stage and to prevent such weeds from perpetuating
themselves. The Public Works Director shall notify, in writing, the owner, agent or occupant of
any lands on which noxious weeds are found growing of such fact. If any such owner, agent or
occupant shall refuse or neglect to destroy such noxious weeds, it shall be the duty of the Public
Works Director to enter upon such lands and destroy or cause to be destroyed such noxious
weeds. Express power to so enter upon such lands and destroy such noxious weeds is hereby
conferred upon such Public Works Director. Any owner who shall refuse or neglect to destroy
such noxious weeds, as provided for in this Section, shall be subject to a fine.
Section 12-257. Abatement; Charges For Weed Cutting.
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A. In addition to the penalties provided in Section 12-256 of this Division, the Public Works
Director is hereby authorized after five (5) days have elapsed from the serving of the notice
described therein, to direct that said weeds on such lot, piece or parcel of land, be cut by an
employee of the Village or some other person at reasonable cost, and the cost shall be a lien
upon the real estate affected as provided in 65 Illinois Compiled Statutes 5/11-20-7.
B. A charge is hereby imposed upon the owner of any property on which the Village performs
or authorizes weed cutting in the amount of money representing the cost and expense
incurred or payable for the service. Such charge shall be due and payable to the Village no
later than thirty (30) days from the date of the invoice evidencing such cost and expense. If
said charge is not paid within said thirty (30) day period, an additional charge of seventy five
dollars ($75.00) shall be added to the initial charge and likewise billed to the owner of the
affected property.
C. Failure to pay any charge imposed pursuant to this Division in timely fashion shall
automatically authorize the appropriate Village officials to prepare and file in the Office of
the appropriate Recorder of Deeds a notice of lien for such cost and expense in the manner
provided by law for such cutting liens.
Article VI. Fees, Charges and Bonds
Section 12-300. Performance Security Required.
A. Utility and Telecommunication Companies.
1. Requirement and Purpose. Any public or private utility or telecommunications company
applying for a permit required by this chapter shall file a performance security in a form
and in an amount as set forth in this section, unless a company has a franchise agreement
stating otherwise. The performance security shall be continuously maintained in
accordance with this section at the permittee's sole expense until the completion of the
work authorized by the permit. This security may also be used by the Village to complete
the work in accordance with the permit or perform certain minimum requirements as
determined by the Village Engineer in the event that the permittee fails to complete said
work. The performance security shall serve as security for:
(a) The guarantee of faithful performance of the work and conditions covered by the
permit;
(b) Any expenditure, damage, or loss incurred by the Village occasioned by the
permittee's failure to comply with any codes, rules, regulations, orders, permits or
other directives of the Village issued pursuant to this chapter;
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(c) The payment by permittee of all liens and all damages, claims, costs, or expenses that
the Village may pay or incur by reason of any action or non-performance by permittee
in violation of this chapter including, without limitation, any damage to public
property or restoration work the permittee is required to perform that the Village must
perform itself or have completed as a consequence solely of the permittee's failure to
perform or complete, and all other payments due the Village from the permittee
pursuant to this chapter or any other applicable law.
2. Form. The permittee shall provide the performance security to the Village in the form, at
the permittee's election, of cash, a surety bond in a form acceptable to the Village, or an
unconditional irrevocable letter of credit in a form acceptable to the Village. Any surety
bond or letter of credit provided pursuant to this subsection shall, at a minimum:
(a) Provide that it will not be canceled without prior notice to the Village and the
permittee; and
(b) Not require the consent of the permittee prior to the collection by the Village of any
amounts covered by it; and
(c) Shall provide a location convenient to the Village and within the State of Illinois at
which it can be drawn.
3. Amount. The dollar amount of the performance security shall be sufficient to provide for
110% of the reasonably estimated cost, as determined by the Village Engineer, to restore
the public ways and public utility easements to at least as good a condition as that
existing prior to the construction under the permit, as determined by the Village Engineer,
and may also include reasonable, directly related costs that the Village estimates are
likely to be incurred if the permittee fails to perform such restoration. Where the
construction of facilities proposed under the permit will be performed in phases in
multiple locations in the Village, with each phase consisting of construction of facilities
in one location or a related group of locations, and where construction in another phase
will not be undertaken prior to substantial completion or restoration in the previous phase
or phases, the Village Engineer may, in the exercise of sound engineering judgment,
allow the permittee to post a single amount of security which shall be applicable to each
phase of the construction under the permit. The amount of the performance security for
phased construction shall be equal to the greatest amount that would have been required
under the provisions of this subsection for any single phase.
4. Withdrawals. The Village, upon fourteen (14) days advance written notice clearly stating
the reason for, and its intention to exercise withdrawal rights under this subsection, may
withdraw an amount from the performance security, provided that the permittee has not
reimbursed the Village for such amount within the fourteen (14) day notice period.
Withdrawals may be made if the permittee:
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(a) Fails to make any payment required to be made by the permittee hereunder; or
(b) Fails to pay any liens relating to the facilities that are due and unpaid; or
(c) Fails to reimburse the Village for any damages, claims, costs or expenses which the
Village has been compelled to pay or incur by reason of any action or non-
performance by the permittee; or
(d) Fails to comply with any provision of this chapter that the Village determines can be
remedied by an expenditure of an amount in the performance security.
5. Replenishment. Within fourteen (14) days after receipt of written notice from the Village
that any amount has been withdrawn from the performance security, the permittee shall
restore the performance security to the amount specified in section 12-300(A)(3).
6. Interest. The permittee may request that any and all interest accrued on the amount in the
performance security be returned to the permittee by the Village, upon written request for
said withdrawal to the Village, provided that any such withdrawal does not reduce the
performance security below the minimum balance required in section 12-300(A)(3).
7. Closing and Return of Performance Security. Upon completion by the permittee and
approval by the Village of the work authorized under the permit, the performance security
shall be refunded to the permittee, or such portion thereof as remains on deposit, within a
reasonable time after account is taken for all offsets necessary to compensate the Village
for failure by the permittee to comply with any provisions of this chapter or other
applicable law. In the event of any revocation of the permit, the performance security,
and any and all accrued interest therein, shall become the property of the Village.
$. Rights Not Limited. The rights reserved to the Village with respect to the performance
security are in addition to all other rights of the Village, whether reserved by this chapter
or otherwise authorized by law, and no action, proceeding or exercise of right with
respect to said performance security shall affect any other right the Village may have.
Notwithstanding the forgoing, the Village shall not be entitled to a double monetary
recovery with respect to any of its rights which may be infringed or otherwise violated.
B. All Other Applicants.
Each applicant for a permit required by this chapter other than utility and telecommunication
companies shall file a performance security in the form of cash in the amount of two thousand
dollars ($2,000.00) to guarantee faithful performance of the work covered by the permit. This
security may also be used by the Village to complete the work in accordance with the permit or
perform certain minimum requirements as determined by the Village Engineer in the event that
the permittee fails to complete said work.
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Notwithstanding the above, no cash performance security shall be required under this Section 12-
300(B) for:
1. Any municipal corporation; or
2. Any homeowner's association organized as a not-for-profit-corporation; or
3. Tree and shrub installation.
Section 301. Default In Performance; Performance Security Forfeited.
Whenever the Village determines that a default or violation has occurred in the performance of
any term or condition of a permit or of any provision of this chapter, written notice thereof shall
be given to the permittee or his/her agent engaged in the work. Such notice shall contain a
statement of the default or violation, state the work to be done, the period of time deemed by the
Village to be necessary for the completion of such work (such time shall not be less than fifteen
(15) days unless the default or violation is deemed by the Village Engineer to be an emergency in
which case the work shall be accomplished immediately), and that the performance security will
be forfeited if the permittee fails to perform. Such notice shall be given either by personal
delivery thereof to the permittee, or his/her agent engaged in the work, by certified or registered
United States mail addressed to the person to be notified, or by telefax and regular mail.
Thereafter, the permittee shall, within the time therein specified, cause the required work to be
performed. If the permittee fails to perform within the allotted time, the performance security
shall be forfeited and may be used by the Village to pay for the cost of doing the work set forth
in the notice or such minimum requirements as determined by the Village Engineer.
Section 12-302. Completion; Return of Performance Security.
Upon completion by the permittee and approval by the Village of the permit work, the
performance security shall be refunded to the permittee. In the event that the Village is unable to
locate the permittee upon reasonable inquiry, the Village shall retain said security for three (3)
years after which the permittee shall forfeit the security to the Village.
Section 12-303. Fees and Charges.
A. Plan Review and Inspection Fees. Any work within public ways or public utility easements
or any water service extension construction shall be subject to the following plan review and
inspection fees prior to the issuance of any permit for such work:
1. Plan Review. Actual hours of review multiplied by thirty-five dollars ($35.00) per hour.
Minimum fee: Thirty-five dollars ($35.00).
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2. Inspection.
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Estimated Cost of Construction Fee
Less than $2,000.00 $60.00
$2,000.01-$5,000.00 . . . *3.0%
$5,000.01-$20,000.00. . . *2.5%
$20,000.01-$50,000.00 . *2.0%
$50,000.01 and over . . *1.5%
* Based upon estimated cost of construction.
Said fees shall serve as reimbursement to the Village for services rendered.
Notwithstanding the above, no plan review or inspection fee shall be required under this
Section for:
1. Any municipal corporation; or
2. Any homeowner's association organized as a not-for-profit corporation; or
3. Any public utility whose franchise agreement states otherwise; or
4. Any telecommunications retailer that is paying a telecommunications infrastructure
maintenance fee; or
5. Tree or shrub installation.
B. Meter Charge. There shall be a fee for a water meter based on the actual costs for time and
materials incurred by the Village.
C. Water service connection and extension fees.
1. For each water service connection made prior to July 15, 1999. This fee includes a
connection fee and a fee for inspection of all lines.
RESIDENTIAL
Meter Size Connection
Fee
5/8" $ 1,198.00
1" 1,546.00
1'/Z" 1,945.00
COMMERCIAL
(a) A fee for each of the first twelve (12) months' usage commencing with the first full
month of usage occurring after the issuance of occupancy permits determined in the
manner provided in subsection (c)(3)B of this Section.
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Fee = $0.36 x gallons used per meter reading
The number of days per month of usage
Example:
Days of Operation Number of Days per
Per Week Month of Usage
5.0 21.67
5.5 23.83
6.0 26.00
7.0 30.33
(b) The fee determined pursuant to section 12-303(C)(1)(a) shall be re-computed by the
Village upon the expiration of a period of thirty six (36) months after the first full
month of usage as determined above as follows:
Fee=$4 32 x gallons used per meter reading for the last 12 months of stated 36 month period
Number of days of operation in the last 12 months of stated 36 month period
The fee so re-computed shall then be adjusted by the amount determined. and paid
pursuant to section 12-303(C)(1)(a) and any additional amount resulting from said re-
computation shall be paid when billed; and any reduction resulting therefrom shall be
reimbursed by the Village.
(c) In the event that there is a substantial change in the use of the premises subject to the
fee hereinabove provided at any time during the thirty six (36) month term described
above, the fee provided in section 12-303(C)(1)(a) shall be re-computed in accord
with section 12-303(C)(1)(b) as though the month in which the change in use occurs
was the last month of the thirty six (36) month term provided in section 12-
303(C)(1)(b).
2. For new water service connection made on or after July 15, 1999. This fee is assessed
based on the size of the water extension and includes the fee for inspection of all lines.
Water Service Extension Size Connection Fee
I" $ 1,150.00
11/251 2,760.00
2" 3,680.00
3" 7,360.00
4" 11,500.00
6" 23,000.00
8" 74,750.00
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There shall be no water service connection or extension fee for water lines used
exclusively for irrigating/sprinkling (landscape watering) on predominantly public
property within the Village.
D. Fire Protection Line Charge. Four thousand seven hundred and forty-three dollars ($4,743).
E. Repair of damaged water meters. Twenty-five dollars ($25.00) plus cost of required parts.
F. Water Turn On Charge. Turning on water following the interruption of service shall be
subject to a charge of forty dollars ($40.00) during normal working hours and seventy-five
dollars ($75.00) after normal working hours. Notwithstanding the previous sentence, turning
on water following the discontinuance of service pursuant to provisions of Section 12-203 of
this Chapter shall require the payment of a two hundred($200.00)charge.
G. Water Consumption Charges.
1. A monthly service charge of five dollars($5.00) per customer account is hereby imposed.
2. Water shall be charged at the rate of two dollars thirty five cents ($2.35) per one thousand
(1,000) gallons.
H. Construction Water. Unmetered water during construction, for a one hundred twenty (120)
day period, as provided in section 12-152 of this Chapter:
I" water service extension or smaller $ 150.00
1'/z" to 3" water service extension, inclusive 300.00
4" water service extension or larger 575.00
Water used in excess of one hundred twenty (120) days shall require a second charge for the
second 120 day period and any subsequent periods thereafter.
I. Water Rate, Extension And Connection Fees. Water used from the Village system and all
fees at premises not located within the Village shall be paid for as required hereunder at a rate
or fee equal to the then applicable rate or fee relative to usage or fee within the Village except
in those instances wherein a separate agreement has been approved by the Village or the
same is otherwise provided for.
J. Due Date Of Fees and Charges; Statements.
1. If any statement for fees and charges required by this section have not been paid in full
within twenty one (21) days of the date it was rendered, a ten percent (10%) penalty
charge on the unpaid balance shall be added to the customer's account. The Finance
Director is authorized to waive such 10% amount, at the written request of the customer,
once annually. This waiver will be automatically granted if the customer has a proven
good payment history.
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2. There shall be charged a fee as determined by the Village Treasurer for all payments
returned by the maker's bank for insufficient funds, regardless of the date the payment
was attempted.
K. Starting Work Without Permit. In addition to the Fees and Charges listed in this section 12-
303, a fee of$50.00 shall be charged to an applicant who begins work without a permit.
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