G-981 - 09/25/2012 - ENGINEERING - Ordinances Supporting DocumentsOF ,.
AGENDA ITEM
Regular Board of Trustees Meeting
of
September 25, 2012
SUBJECT: Performance Security for Driveway Removal/Replacement
FROM: Mike Hullihan, P.E., Village Engineer
BUDGET SOURCE/BUDGET IMPACT: NA
RECOMMENDED MOTION: I move that the Village Board approve Ordinance G -981,
"An Ordinance Amending Section 8 -5 -1 -2 Of The Oak Brook Village Code In Relation To
Performance Security For Removal/Replacement Of Driveways ".
Background/History: Title 8 Section 5 -1 -2 deals with performance bonds for work within the
public right of way. A $2,000 bond is required:
".....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."
The Engineering/Finance Departments process approximately 50 permits for replacement of
existing driveways annually. Each bond requires several administrative actions to receive and
refund the monies. These driveway replacements rarely result in unrepaired damage to the
public right of way since most residents view the right of way as an extension of their own front
yard. Exempting driveway replacements, where the location and dimensions are unchanged,
decreases unnecessary administrative actions for the Engineering Department, Finance
Department, and the property owners.
Recommendation:
I recommend that the Village Board approve the recommended changes to Title 8 of the Village
Code and approve the attached Ordinance.
AN
ORDINANCE 2012- ENG -PW -G -981
AN ORDINANCE AMENDING SECTION 8 -5 -1 -2 OF THE OAK BROOK
VILLAGE CODE IN RELATION TO PERFORMANCE SECURITY
FOR REMOVAL OR REPLACEMENT OF DRIVEWAYS
WHEREAS, Section 8 -5 -1 -2 of "The Village Code of the Village of Oak Brook," as amended
( "Village Code "), requires applicants other than utility and telecommunication companies applying to do
work within public ways and public utility easements to provide the Village a performance security to
guarantee the faithful performance of the proposed work ( "Security Requirement"); and
WHEREAS, Section 8- 5 -1 -2's Security Requirement applies to those who desire to remove or
replace driveways that are located in public ways and public utility easements; and
WHEREAS, the Engineering Department processes approximately fifty permits for the removal
and replacement of existing driveways annually; and
WHEREAS, the removal and replacement of driveways rarely result in unrepaired damage to
public ways and public utility easements; and
WHEREAS, the Chief Engineer recommends that the Security Requirement not be required for
the removal and /or replacement of existing driveways located in public ways and public utility easements;
and
WHEREAS, the Village Board has determined that it will serve and be in the best interests of the
Village to amend Section 8 -5 -1 -2 of the Village Code pursuant to this Ordinance;
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 1: Recitals. The foregoing recitals are hereby incorporated into, and made a part
of, this Ordinance as the findings of the President and Board of Trustees of the Village of Oak Brook.
Section 2: Amendment to Section 8- 5 -1 -2. Section 8- 5 -1 -2, entitled "All Other Applicants" of
Chapter 5, entitled "Fees, Charges and Bonds ", of Title 8, entitled "Public Works ", of the Village Code,
shall be amended to read as follows:
"8- 5 -1 -2: ALL OTHER APPLICANTS:
Each applicant for a permit required by this title 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.
Notwithstanding the above, no cash performance security shall be required under this
section for:
A. Any municipal corporation; or
B. Any homeowners' association organized as a not for profit corporation if the estimated
cost of the work, as approved by the village engineer, is less than ten thousand dollars
($10,000.00); or
Text additions are bold and double - underlined.
Ordinance 2012- PW -BND -G -981
Amending Title 8 in re: Performance Security
Driveway Removal /Replacement
Page 2 of 2
C. Tree and shrub installation:
Section 3: Severability. If any provision of this Ordinance or part thereof is held invalid by a
court of competent jurisdiction, the remaining provisions of this Ordinance shall remain in full force and
effect, and shall be interpreted, applied, and enforced so as to achieve, as near as may be, the purpose
and intent of this Ordinance to the greatest extent permitted by applicable law.
Section 4: Effective Date. This Ordinance shall be in full force and effect from and after its
passage, approval, and publication in the manner provided by law.
APPROVED THIS 25th day of September, 2012.
Gopal G. Lalmalani
Village President
PASSED THIS 2e day of September, 2012.
ATTEST:
Charlotte K. Pruss
Village Clerk