(A) No person, firm, or corporation shall construct, build, establish, or maintain a driveway, crossing, or culvert, over, across, or upon any portion of the public sidewalks, public parkway, or street without having obtained a written permit.
(B) Application for permits shall be made in writing to the city clerk and accompanied by the fee required. The application shall contain the name and address of the person, firm, or corporation making the application; the name of the contractor or person who is to construct the driveway, crossing, or culvert; and the proposed location or dimensions of the driveway, crossing, or culvert. The plan and specifications therefor shall also be submitted with the application. Copies of the application and the plan and specifications shall be submitted to the city engineer for his approval and recommendations before any permit is issued.
(C) No permit for the construction of a driveway, crossing, or culvert for commercial use or the habitual use by any person other than the owner or occupant of the premises served shall be issued except upon the order of the city council. (Ord. 699, passed 11-16-76; Am. Ord. 1432, passed 6-18-02)

No driveway shall be constructed or graded to leave a step, sharp depression, or other obstruction in the sidewalk. The grade shall be as nearly as possible the same as that of the adjoining sidewalk. It shall be unlawful to have the surface finish of any driveway where the same crosses the sidewalk constructed of such materials as to render it slippery and hazardous for pedestrians or to have the grade of that portion vary from the grade of the sidewalk or be other than level. (‘69 Code, § 92.010) Penalty, see Section 92.99

Driveways shall be constructed of:
(A) Six inch thick concrete where they cross sidewalks and the apron area;
(B) Five inch thick concrete elsewhere;
(C) Or of such other materials as may be approved by the city council. (‘69 Code, § 92.015; Am. Ord. 1629, passed 4-20-04) Penalty, see Section 92.99

It shall be the duty of every person maintaining a driveway to keep the same in good repair where it crosses the sidewalk, and free from obstruction and openings. (‘69 Code, § 92.020) Penalty, see Section 92.99

(A) That prior to the issuance of a certificate of occupancy for any construction within the city of Wilmington, the property owner and/or building permit applicant shall construct or if necessary, repair the entire length of the property’s driveway pursuant to city code.
(B) In the event the city agrees climatic conditions prevent the construction or repair of the property’s driveway as required under this chapter, the property owner, upon submittal of completed application for extension of driveway installation and a cash bond payable to the city in two times the approved estimated cost for the work, the city will extend the completion date for the work to May 31 or six months from the date of the posting of the bond, whatever occurs first. The bond shall be returned to the owner upon timely completion of the work or if the work is not performed, it may be used by the city to complete the work pursuant to city code. (Ord. 1304, passed 2-2-99)

All public streets, alleys, sidewalks, and other public ways in the city shall be under the supervision of the superintendent of streets and sewers. He shall have supervision over all work thereon, the cleaning thereof, and shall be charged with the enforcement of all ordinance provisions relating to such public places (except traffic ordinances) and is authorized to enforce those ordinances. (‘69 Code, § 92.050) Penalty, see Section 92.99

Cross-reference: Superintendent of streets and sewers, see Sections 32.25 through 32.28

No person shall construct or lay any pavement on any public street, sidewalk, alley, or other public way or repair the same without having secured a permit therefor. Applications for permits shall be made to the clerk and shall state the location of the intended pavement or repair, the extent thereof, and the person or firm who is to do the actual construction work. No permit shall be issued except on order of the city council. (‘69 Code, § 92.055) Penalty, see Section 92.99

Each applicant shall file a bond in the amount of $10,000 with surety to be approved by the city council conditioned to indemnify the municipality. for any loss or damage resulting from the work undertaken or the manner of doing the same. (‘69 Code, § 92.060) Penalty, see Section 92.99

All street and sidewalk pavements shall be made in conformity with specifications laid down or approved from time to time by the council. (‘69 Code, § 92.065) Penalty, see Section 92.99

No person shall walk upon, drive any vehicle or animal upon, injure any newly laid street or sidewalk pavement while the same is guarded by a warning sign or barricade, or knowingly injure any soft newly-laid pavement. (‘69 Code, § 92.070) Penalty, see Section 92.99

All public street, alley, and sidewalk pavement shall be in good repair. The repair work, whether done by the city or by the abutting owner, shall be under the supervision of the superintendent of streets and sewers. (‘69 Code, § 92.075) Penalty, see Section 92.99

It shall be the duty of every city officer or employee becoming cognizant of any defect in any street, alley, or sidewalk, or any obstruction thereof, to report the same to the superintendent of streets and sewers as soon as possible. (‘69 Code, § 92.080) Penalty, see Section 92.99

Transverse premoulded bituminous expansion joints 3/4-inch thick shall be placed at right angles to the edges of the sidewalk at intervals of 30 feet throughout the length of the sidewalk. These joints shall be held in place perpendicular to the surface of the sidewalk and in proper alignment and grade by use of the metal cross forms. The length of the joints shall be the width of the sidewalk to the top surface of the finished sidewalk. The joint shall extend from one inch below the top of the foundation bed prepared for the sidewalk. Wherever a sidewalk is constructed adjacent to existing improvements, such as buildings, curbs, and sidewalks, a 3/4-inch premoulded bituminous expansion joint shall be installed between the sidewalk and the existing improvement. One-half inch round smooth dowel bars 2 feet long shall extend across and through the expansion joints. The bars shall be spaced 2 feet apart center to center. The first bar on either edge of the sidewalk shall be 6 inches from the edge. The dowel bars shall be embedded in the concrete 1/2 the thickness of the sidewalk below the top surface of the sidewalk and shall extend into the concrete slabs equally on each side of the joint. Caps or sleeves of metal, or of a composition acceptable to the city, shall be placed on the alternate opposite ends of the dowel bars after that portion of the bars has been coated with approved heavy grease. The cap or sleeve shall be approximately 5 inches long, shall fit the dowel bar tightly, shall be indented so that there is a stop for the dowel bar, and shall provide unobstructed expansion space of not less than one inch. The dowel bars shall comply with the requirements of the Standard Specifications for Rail-Street Concrete Reinforcement bars, A.S.T.M. Designation A-16. The dowel bars shall be held parallel to the surface of the sidewalk and at right angles to the expansion joints by metal chains or by other methods acceptable to the city. (‘69 Code, § 92.082)

No person shall cause, create, or maintain any obstruction of any street, alley, sidewalk, or other public way except as specifically authorized by ordinance or by the superintendent of streets and sewers. (‘69 Code, § 92.085) Penalty, see Section 92.99

(A) Any person, firm, or corporation laying or repairing any pavement on a street, sidewalk, or other public place or making an excavation in any such place shall maintain suitable barricades to prevent injury to any person or vehicle by reason of the work. The barricades shall be protected by a light at night.
(B) Any defects in such pavement shall be barricaded to prevent any such injury; and any person, firm, or corporation properly maintaining any opening or excavation in any such place shall guard such opening or excavation while the same remains open, by proper barricades and lights. (‘69 Code, § 92.090) Penalty, see Section 92.99

No person shall disturb or interfere with any barricade or lights lawfully placed to protect or mark any new pavement or excavation or opening in any public street, alley, or sidewalk. (‘69 Code, § 92.095) Penalty, see Section 92.99

No person shall use any street, sidewalk, or other public place as space for the display or sale of goods or merchandise; or write or make any signs or advertisements on any pavement. (‘69 Code, § 92.100) Penalty, see Section 92.99

No person shall erect or maintain any building or structure which encroaches upon any public street or property. (‘69 Code, § 92.105) Penalty, see Section 92.99

Cross-reference: Encroachment on public right-of-way, see Section 92.45 et seq.

No person shall injure any sidewalk, street, or alley pavement. (‘69 Code, § 92.110) Penalty, see Section 92.99

(A) No person shall deposit on any street any material which may be harmful to the pavement, any waste material, glass, or other articles which may do injury to any person, animal, or property.
(B) Coal or other materials may be deposited in streets in preparation for delivery or use, provided the deposit does not reduce the usable width of the roadway less than 18 feet. Any material or coal, other than material to be used in actual building construction, shall not be permitted to remain on the street for more than 3 hours.
(C) Any material or coal shall be guarded by lights if the same remains upon any street after dark. (‘69 Code, § 92.115) Penalty, see Section 92.99

(A) No person shall deposit on any public sidewalk any material which may be harmful to the pavement thereof, any waste materials, glass, or other articles which might cause injury to persons, animals, or property.
(B) Merchandise or other articles may be deposited on sidewalks, in preparation for delivery, provided the usable width of the walk is not reduced to less than 4 feet. No such article shall remain on sidewalks for more than 1/2 hour. (‘69 Code, § 92.120) Penalty, see Section 92.99

No person shall obstruct any drain in any public street or alley. (‘69 Code, § 92.125) Penalty, see Section 92.99

No person shall erect or maintain any poles or wires on or over any public street, alley, or other public way without having secured permission from the city council. (‘69 Code, § 92.130) Penalty, see Section 92.99

(A) No person shall maintain or erect any gasoline pump or tank in any public street, alley, or sidewalk without having obtained a permit therefor from the city council.
(B) No permit shall be issued until the applicant furnishes a bond or indemnity policy with corporate surety to indemnify the city against loss or liability in the sum of $10,000 occasioned by the tank or pump. (‘69 Code, Section 92.135) Penalty, see Section 92.99

(A) No person shall make any excavation in or tunnel under any public street, alley, sidewalk, or other public place in the city without having secured a permit therefor. Applications for permits shall be made to the city clerk and shall specify the intended location and the purpose of the excavation.
(B) Any person making any excavation shall refill the same properly and shall, as soon as possible, restore the surface to the condition it was in before the excavation was made. (‘69 Code, § 92.140) Penalty, see Section 92.99

No person shall play any games upon any street, alley, or sidewalk where the games cause unnecessary noise or interfere with traffic or pedestrians. (‘69 Code, § 92.145) Penalty, see Section 92.99

No person shall construct or maintain any opening or stairway in any public street or sidewalk or alley without a permit from the council. All lawfully maintained openings shall be guarded by a suitable strong cover or a railing approved by the superintendent of streets and sewers. (‘69 Code, § 92.150) Penalty, see Section 92.99

No person shall maintain or construct any fence composed in whole or in part of barbed wire, or any similar material designed to cause injury to persons, or any wire charged with electric current anywhere within three feet of any public place, street, sidewalk, alley, park or other public way. (‘69 Code, § 92.155) Penalty, see Section 92.99

(A) All sidewalks shall be constructed of portland cement concrete class X or class A, a minimum of four inches thick and five feet wide where drive entrances do not cross.
(B) Where driveways cross sidewalks, the existing walks shall be removed and replaced with portland cement concrete to a minimum thickness of six inches. (Ord. 724, passed 2-21-78; Am. Ord. 1629, passed 4-20-04)

The subgrade shall be tamped or rolled until thoroughly compacted to a depth sufficient for the placement of a minimum of three-inch sand base. The sand base shall be tamped or rolled until thoroughly compacted. At locations where a sidewalk is constructed at entrances, the sidewalk shall be thickened to the thickness of the adjacent entrance or driveway pavement. (Ord. 724, passed 2-21-78)

Side forms shall be of lumber of not less than as required by ordinance or of steel of equal rigidity. They shall be held securely in place by stakes or braces with the top edges true to line and grade. Forms for the sidewalk aprons shall be set so that the slab will have a uniform fall between the sidewalk proper and the curb grade. (Ord. 724, passed 2-21-78; Am. Ord. 1629, passed 4-20-04)

(A) The subgrade shall be moistened just before the concrete is placed. The concrete shall be placed in successive batches for the entire width of the slab, struck off, mechanically vibrated, and finished to a true and even surface with floats and trowels. The final trowling shall be done with a steel trowel leaving a smooth, even surface. After the water sheen has disappeared the surface shall be given a final finish by brushing with a whitewash brush. The brush shall be drawn across the sidewalk at right angles to the edges of the walk with adjacent strokes slightly overlapping producing a uniform, slightly roughened surface with parallel brush marks.
(B) The surface shall be divided by grooves constructed at right angles to the center line of the sidewalk. These grooves shall extend to 1/4 inch in width, and shall be edged with an edging tool having a 1/4 inch radius. No slab shall be longer than six feet nor less than four feet on any one side, unless otherwise ordered by the engineer. The edges of the slabs shall be edged as described above. (Ord. 724, passed 2-21-78)

Expansion joints of the thickness specified below shall consist of preformed joint filler. The top of the joint shall be placed 1/4 inch below the surface of the sidewalk.
(A) One-half inch thick expansion joints. Expansion joints 1/2 inch thick shall be placed between the sidewalk and all structures such as light standards, traffic light standards, and traffic poles which extend through the sidewalk.
(B) Three-fourth inch thick expansion joints. Expansion joints 3/4 inch thick shall be placed at intervals of not more than 30 feet in the sidewalk. Where the sidewalk is constructed adjacent to pavement or curb having expansion joints, the expansion joints in the sidewalks shall be placed opposite the existing expansion joints as nearly as practicable. Expansion joints shall also be placed where the sidewalk abuts existing sidewalks between driveway pavement and sidewalk and between sidewalk and curbs where the sidewalk abuts a curb. (Ord. 724, passed 2-21-78)

After the concrete has been cured, the spaces along the edges of the sidewalk shall be backfilled to the required elevation with approved material. The material shall then be compacted until firm and the surface neatly graded. (Ord. 724, passed 2-21-78)

The following sections of the Illinois D.O.T., Standard Specifications for Road and Bridge Construction are a part of these specifications.

(Ord. 724, passed 2-21-78)

(A) That prior to the issuance of a certificate of occupancy for any construction within the city of Wilmington, the property owner and/or building permit applicant shall construct, or if necessary, repair the entire length of the property’s public right-of-way and private access sidewalks pursuant to city code.
(B) In the event the city agrees climatic conditions prevent the construction or repair of the property’s sidewalks as required under this chapter the property owner, upon submittal of completed application for extension of sidewalk installation and a cash bond payable to the city in two times the city approved estimated cost for the work, the city will extend the “completion date” for the work to May 31 or six months from the date of the posting of the bond, whatever occurs first. The bond shall be returned to the owner upon timely completion of the work or if not performed, it may be used by the city to complete the work pursuant to city code. (Ord. 1304, passed 2-2-99)

For the purpose of Sections 92.46 through 92.48 the following definitions shall apply unless the context clearly indicates or requires a different meaning.
“Construction easement area.” That area lying between the project right-of-way limits and the platted street limits within which the city, by concurrence in the establishment of the project right-of-way lines, will permit the state to enter to perform all necessary construction operations.
“Encroachment.” Any building, fence, sign, or any other structure or object of any kind (with the exception of utilities and public road signs), which is placed, located, or maintained in, on, under, or over any portion of the project right-of-way or the roadway right-of-way where no project right-of-way line has been established.
“Permissible encroachment.” Any existing awning, marquee, advertising sign, or similar overhanging structure supported from a building immediately adjacent to the limits of the platted street where there is a sidewalk extending to the building line and which does not impair the free and safe flow of traffic on the highway. The permissive retention of overhanging signs is not to be construed as being applicable to those signs supported from poles constructed outside the project right-of-way line and not confirmed by adjacent building.
“Project right-of-way.” Those areas within the project right-of-way lines established jointly by the city, state, and the Federal Highway Administration which will be free of encroachments except as herein defined.
“Roadway right-of-way.” Those areas existing or acquired by dedication or by fee simple for highway purposes; also, the areas acquired by temporary easement during the time the easement is in effect. (Ord. 758, passed 5-1-79)

It shall be unlawful for any person, firm, or corporation to erect or cause to be erected, to retain or cause to be retained, any encroachment, except as provided in Section 92.48, within the limits of the project right-of-way or roadway right-of-way where no project right-of-way lines have been established. (Ord. 758, passed 5-1-79; Am. Ord. 900, passed 1-17-84) Penalty, see Section 92.99

Project right-of-way lines have been established at the following locations:
(A) Along either side of Baltimore Street, 24 feet from the centerline of the proposed improvement from Illinois Route 102 to West River Road. (Ord. 758, passed 5-1-79; Am. Ord. 900, passed 1-17-84)

Revocable permits have been issued by the city for the temporary retention of the following permissible encroachments:
(A) (Description of encroachment, location, and owner). (Ord. 758, passed 5-1-79; Am. Ord. 900, passed 1-17-84)

Any person, firm or corporation violating any provision in this title, for which another penalty is not provided, shall for a first conviction be fined not less than $25 nor more than $750, for a second conviction within one year thereafter, the person, firm or corporation shall be fined not less than $100 nor more than $750 and for a third or subsequent conviction within one year after the first conviction, the person, firm or corporation shall be fined not less than $250 nor more than $750. A separate offense shall be deemed committed on each day during or which a violation occurs or continues. (Ord. 900, passed 1-17-84; Ord. 1574, passed 7-15-03)