5.01 WORK IN STREETS

5.02 CULVERTS

5.03 WATER DRAINAGE ONTO STREETS

5.04 DEBRIS IN STREETS

5.05 CONSTRUCTION, RECONSTRUCTION, REPAIR AND CLEANING OF SIDEWALKS

5.06 NATURAL BEAUTY ROAD

5.07 DECLARATION OF SNOW EMERGENCY

5.01 WORK IN STREETS

(a) Permit Required. No person shall begin to construct, reconstruct, repair, alter, or grade any sidewalk, curb, curb-cut, driveway or street, or interfere otherwise with the public streets without first obtaining a permit from the Road Commissioner as provided by this section.

(b) Application. An applicant for a permit hereunder shall file with the Road Commissioner an application showing:

1. Name and address of the owner, or agent in charge of the property abutting the proposed work area;

2. Name and address of the party doing the work;

3. Location of the work area;

4. Attached plans showing details of the proposed alteration;

5. Estimated cost of the alteration;

6. Such other information as the Road Commissioner shall find reasonably necessary to the determination of whether a permit shall issue hereunder.

(c) Fees. The following fees shall accompany an application for a permit hereunder:

1. Filing Fee. In cases where the estimated cost of a project shall exceed One Hundred Dollars ($100), a filing fee of $2 for each $100 of the estimated cost of the project shall accompany an application for a permit hereunder.

2. Inspection and Engineering Fee. The Road Commissioner shall charge a fee for all inspection and engineering services done in behalf of an applicant or permittee hereunder. The inspection and engineering fee shall be computed from a schedule of charges based on anticipated actual costs. Such schedule shall be posted for public inspection in the office of the Road Commissioner or Village Clerk.

(d) Bonds. The following bonds shall accompany an application for a permit hereunder:

1. Construction and Maintenance. In cases where the estimated cost of a project shall exceed One Hundred Dollars ($100) the Road Commissioner shall require a maintenance and construction bond to be filed with the application for a permit hereunder in an amount equal to one-half of the estimated cost of the project and conditioned that such work shall be done in accordance with the Village's Standard Specifications and guaranteeing the same for a period of one year.

a. Failure of Compliance by Permittee. In any case where a permittee hereunder shall be in default or shall fail to comply with the requirements of this section the Road Commissioner shall order the completion of the work by the Village and shall recover the cost from permittee as required by law.

2. Indemnity. The Road Commissioner shall have the authority to require an applicant hereunder to file a bond conditioned to protect and save harmless the Village from all claims for damages or injury to other persons by reason of such alteration work.

(e) Standard for Issuance of Permit. The Road Commissioner shall issue a permit hereunder when he finds:

1. That the work shall be done according to the standard specifications of the village for public work of like character;

2. That the operation will not unreasonably interfere with vehicular and pedestrian traffic, the demand and necessity for parking spaces, and the means of egress to and from the property affected and adjacent properties;

3. That the health, welfare and safety of the public will not be unreasonably impaired.

(f) Supervision of Road Commissioner. All operations for which a permit is granted hereunder shall be under the direction and supervision of the Road Commissioner or his authorized agent.

5.02 CULVERTS

(a) Required. It shall be unlawful to proceed with any excavation or construction within the Village limits or to move any machinery, equipment or materials onto any property preparatory for such excavation or construction until a culvert shall have been installed and covered as hereinafter described, pursuant to permit as hereinafter provided for.

(b) Permit. Application for permit shall be made to the Village Clerk on a form to be provided by the Village, which form shall contain an acknowledgment of the receipt of a copy of this Section, and it shall be unlawful to proceed with any excavation or construction without the permit herein provided for.

(c) Location. The Village Clerk shall notify the Village Engineer who shall determine the size and location of culvert and shall stake location on the property. The cost for this engineering service shall be Twenty-five Dollars ($25) and shall be paid to the Village Clerk by the permit applicant. A plan developer who employs a registered engineer may provide a certificate by this registered engineer covering the staking of ditch and culvert in lieu of the Twenty-five dollar ($25) fee heretofore provided.

(d) Culvert Specifications. Culvert specifications shall be as follows:

1. Sizing: Culverts shall be of sufficient size to carry the design flow of the available grade. Culverts shall be minimum of twelve (12) inches in diameter, and a minimum of eighteen (18) feet long.

2. Grade: Culverts shall be laid on ditch grade.

3. Material: Sixteen (16) gauge corrugated, hot dipped galvanized, copper bearing steel or C75 reinforced concrete pipe shall be used. All culverts shall be fitted with concrete rings per Michigan State Highway Department Specifications. Head wall may be substituted for rings, provided they conform with the Michigan State Highway Department Standards for such head walls.

4. Joints: Sections of galvanized pipe shall be connected with bolted #16 galvanized standard connecting bands not less than 7-1/2 inches wide. Joints in concrete pipe shall be sealed according to the Michigan State Highway Standard Specifications.

5. Laying: Six inches (6") of sand bed must be placed beneath the culvert to insure uniformity of bed. The culverts shall have no less than a six inch (6") cover of 22A gravel, slag or crushed stone. Rip rap shall be placed in ditch at each end of culvert if required by the Village Engineer. Six inch (6") stone size shall be used and rip rap shall conform to the flow line of the ditch.

(e) Driveways. When driveways are constructed they shall conform with the following specifications:

1. Driveway shall be constructed to meet road at shoulder edge elevation.

2. Driveway shall be constructed in such a manner that all water run-off from said driveway shall be diverted into road ditch and at no time allowed to run unto the roadway. This may be done by a flare or other approved means at property line.

3. Driveways shall not lead into street intersections.

(f) Access to Premises. All machinery, equipment and materials must gain access to or be delivered through means of or via the completed culvert and approach, and in no instance shall machinery, trucks or other equipment be moved through unprotected ditches to gain access to any construction site.

Exception to the above rules and regulations may be made by the Road Commissioner during periods when frozen ground makes it impractical or impossible to install permanent culverts properly. Under such conditions, timber bridges may be installed but only in such manner as to not impair or interfere with the proper drainage or run-off of water in such ditches.

(g) Construction Equipment. No machinery, equipment or materials may be stored, stacked or piled on roadway shoulders, ditches or other public property. It is understood that public property includes the area commonly identified as the "Platted right-of-way as indicated on the registered plat".

(h) Work by Village. Where culverts, ditches, and road shoulders have not been provided for access to improved property, or where culverts, ditches, road shoulders, driveways and driveway approaches have been improperly constructed adjacent to improved property, correction may be required by the Village Road Commissioner to maintain proper road maintenance and drainage control. Corrections to comply with this Section shall be done by the Village. The cost of such work shall be borne by the property owner.

5.03 WATER DRAINAGE ONTO STREETS

No owner or occupier of land within the Village shall permit sump pump water or any other water, either naturally or artificially, to drain or flow onto any Village street or road so as to create an icy condition upon the street or road.

5.04 DEBRIS IN STREETS

No person shall own or drive upon a public street any vehicle which is constructed or loaded so as to permit any part of its load or contents to blow, fall, or be deposited upon any street, alley, sidewalk or other public or private place, or which deposits from its wheels, tires, or other parts onto the street, alley, sidewalk or other public or private place, dirt, grease, sticky substances or foreign matter of any kind. Any person violating this section shall, in addition to other penalties, be subject to revocation of any and all Village licenses and permits at the discretion of the court. Under circumstances determined by the Village Manager to be in the public interest, the Village Manager may grant persons temporary exemption from the provisions of the subsection conditioned upon cleaning and correcting the violating condition at least once daily and execution of an agreement by such person to reimburse the Village for any extraordinary maintenance expenses incurred by the Village in connection with such violation.

5.05 CONSTRUCTION, RECONSTRUCTION, REPAIR AND CLEANING OF SIDEWALKS

(a) Purpose. The purpose of this policy is to protect the public health, safety and welfare of the residents of the Village of Beverly Hills by reducing tripping and other hazards on public sidewalks to pedestrians, by repairing and/or replacing required sections of sidewalks, and funding of the same.

(b) Responsibility.

1) The abutting property owner shall keep and maintain the sidewalk along all public streets, avenues, boulevards or lanes within the public rights-of-way, and sidewalk sections that extend from the sidewalk to the curb to facilitate street crossings.

2) Approach walks between the public street and the main sidewalk and driveways and damage to sidewalks directly caused by the abutting property owner or his or her designee, licensee, contractor or other person shall remain the responsibility of the individual owner of the abutting lot or parcel of land. {Ord. 322, 7-15-06}

(c) Repair/Replacement Determinations. A public sidewalk may require repair and/or replacement, under the following conditions:

1) When there is a separation of 2" or greater in the surface elevation between adjoining slabs.
2) When there are cracks or separations that create an uneven surface and are large enough to create a tripping hazard.
3) When the slope of the sidewalk is greater than 10:1.

The Village will cause an inspection such that each section will be inspected on a five year schedule.

(d) Repair/Replacement Methods. The following methods may be employed as acceptable alternatives to repairing public sidewalks:
1) Physical removal of the damaged slab and replace with concrete per Village specifications.
2) The entire section must be replaced if the section break does not occur at the sidewalk joint.
3) Grind or ramp the sidewalk sections to achieve a uniform grade.
4) Level or amend the grade through the use of concrete-or mud-jacking under the walk.

(e) Tree Roots. Where tree roots from trees in the Public Right-of-Way have undermined sections of sidewalk, the Village will inspect the tree to determine if the roots can be cut safely without damaging or destabilizing the tree.

1) If the tree roots cannot be cut, the Village will relocate the walk around and reasonably away from the tree, providing adequate Public Right-of-Way.
2) In the case where the roots can be cut, the Village will remove the offending roots before restoring the sidewalk.

The Village will hold the abutting property owner responsible for repair costs if the offending tree root is located on private property.

(f) Ice, Snow, and Other Obstructions. The owners of property abutting or adjacent to sidewalks shall keep said sidewalk abutting or adjacent to their property free and clear of ice, snow or other obstructions, and if the owner or occupant fails to do so, the Village may do so and assess the cost thereof against the abutting property or owner thereof in accordance with the provisions of this Chapter and the Village Charter.

(g) Definitions. The term "sidewalks" as used herein shall be deemed to mean and include any sidewalks or crosswalks adjoining any public street or alley and abutting or adjoining any private property. {Ord. 312; 1-29-03}

5.06 NATURAL BEAUTY ROAD

(a) Definitions. Terms used in this Section mean as follows:

"Administration" means the Administration for the Village of Beverly Hills.

"Council" means the Village of Beverly Hills Council.

"Native Vegetation" means an original or indigenous plant of this Village including trees, shrubs, vines, wild flowers, aquatic plants or ground cover.

"Natural" means in a state provided by nature, without man-made changes, wild or uncultivated.

"Village Major or Local Street" means dedicated public right-of-way other than an alley, which affords the principal means of access to abutting residential property and is designated in accordance with 1951 P.A.51, as amended, as a "major or local" Village street.

(b) Petition for Designation, Number and Qualifications of Petitioners; Hearing, Place, Notice, Resolution making Designation.

1. In order to initiate the possible designation of a Natural Beauty Road, petitions requesting this designation containing the signatures of the property owners of record of fifty-one percent (51%) or more of the lineal footage along the portion of road to be designated, and a petition signed by a minimum of twenty-five (25) or more free holders of the Village whose property does not abut the subject road shall be submitted to the Village Clerk. Said petitions shall conform to the standard form petition prepared and available at the office of the Village Clerk for designation of Natural Beauty Roads.

2. Within six (6) months after a petition is received, Administration shall determine the sufficiency of the petitions and make a finding as to whether or not the portion of road proposed for designation meets the criteria adopted for the designation of Natural Beauty Roads; and shall report its findings to the Village Council and notify the Circulator of petitions as to the date said certification and report will be presented to the Village Council.

3. Within forty-five (45) days after the Administration certifies petitions are sufficient and fulfills the criteria for designation, the Council shall hold a public hearing to consider designating the described portion of road as a Natural Beauty Road. The hearing shall be held within the Council Chambers of the Village of Beverly Hills. At the hearing a party or interested person shall be given the opportunity to present their support for or objections to the proposed designation. Notice of hearing shall be given by the council by First Class Mail to all public utilities and all abutting property owners and by causing a notice thereof to be published at least once in each week for two (2) successive weeks in a newspaper of general circulation in the Village of Beverly Hills, and by posting five (5) notices within the limits of the portion of the road to be designated, in public and conspicuous places therein. The posting shall be done and at least one (1) publication in the newspaper shall be made not less than ten (10) days before the hearing.

4. Within thirty (30) days after the hearing, if the Council deems the designation desirable, it shall file with the Village of Beverly Hills Clerk and Oakland County Register of Deeds, a true copy of its resolution designating that portion of the Village major or local street as a Natural Beauty Road.

(c) Petition for Withdrawal of Designation, Number and Qualifications of Petitioners: Time, Hearing, Withdrawal or Revocation, Notice.

1. If the Council designates a road as a Natural Beauty Road, the property owners of record of fifty-one percent (51%) or more of the lineal footage along the Natural Beauty Road may submit, at any time after the road is so designated, a petition to the Council requesting that the Natural Beauty Road designation be withdrawn and if the petition is valid, the designation as a Natural Beauty Road shall be withdrawn after public hearing in accordance with the procedure described in Subsection (c) and (d) of Section 2.

2. A designation of a Natural Beauty Road also be withdrawn or revoked by the Council after the Council receives a request from the Village Manager and holds a public hearing in accordance with the procedure described in Subsection (c) of Section 2 and makes a determination that revocation of the Natural Beauty Road designation is in the public interest. Within Thirty (30) days after a hearing, if at least five (5) members of the Council determine the revocation necessary, it shall file with the Village of Beverly Hills Clerk and Oakland County Register of Deeds a notice of its determination and publish the notice in a newspaper of general circulation, once in each week for two (2) successive weeks. After publication of the notice, the road previously designated shall revert to its former status.

(d) Uniform and Guidelines and Procedures.

1. The Administration shall develop uniform guidelines and procedures which shall be adopted by the Council for designating, maintaining and preserving Natural Beauty Roads. No guidelines and procedures adopted under the authority of this Ordinance shall prohibit the application of accepted principles of sound forest management in a Natural Beauty Road right-of-way.

2. The Administration shall advise and consult with the Council on the application of the guidelines and procedures.

3. The Council shall provide for a public hearing before an act is permitted which would result in substantial damage to native vegetation in the right-of-way.

4. Nothing is this Ordinance shall affect the right of a public utility to control vegetation in connection with public safety or the maintenance, repair or replacement of public utility facilities, which were constructed in a road prior to its designation as a Natural Beauty Road, or in connection with the construction, maintenance, repair or replacement of public utility facilities crossing a Natural Beauty Road subject to the approval of the Administration.

5. Nothing in this Ordinance shall prohibit public safety from being considered in conjunction with the public hearing, possible designation of a Natural Beauty Road or guidelines for a Natural Beauty Road.

5.07 DECLARATION OF SNOW EMERGENCY. {Ord. 334; 12-26-09}

(a) Purpose. The purpose of this policy is to provide a procedure requiring vehicles to be removed from Village streets in the event of a snow storm as declared by the Village Public Safety Director or his/her designee.

No person shall park or allow to remain parked any vehicle on any portion of any roadway within the Village of Beverly Hills during a snow emergency, or park or allow to remain parked any vehicle in violation of any parking restriction instituted as part of a declared snow emergency as provided in this section. The registered owner of any such vehicle shall be responsible for the cost of removal.

(1) Definitions. The following definitions shall apply in the interpretation and enforcement of this section.

a. Director is the director of public safety, or in his absence, his duly authorized representative.

b. Roadway means that portion of a street or highway improved, designed or ordinarily used for vehicular travel, exclusive of the shoulder or berm.

c. Street or highway means the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.

(2) Procedure for declaration of
a. Whenever the director or his representative finds, on the basis of falling snow, sleet, or freezing rain, or on the basis of a forecast by the U.S. Weather Bureau or other weather service that weather conditions will make it necessary that motor vehicle traffic be expedited and that parking on Village streets be prohibited or restricted for snow plowing and other purposes, the director shall put into effect a parking prohibition on all Village streets by declaring it in a manner prescribed in this section.

b. Notwithstanding the provisions of subsection a. of this subsection, a parking prohibition shall automatically go into effect on any street on which there has been an accumulation of snow and ice of four inches or more for any one hour or more.

(3) Notice The director, upon declaring a snow emergency, shall cause public announcement of such parking prohibitions and/or restrictions by means of broadcasts and/or telecasts from various commercial stations serving the Village and on the public access channel of any cable television franchisee servicing the Village and he may cause such declaration to be further announced in newspapers of general circulation where feasible.

(4) Record The director shall prepare such declaration of snow emergency and cause it to be posted in the Village offices for such period of time as the snow emergency regulations are in effect.

(5) Enforcement
a. Members of the public safety department are hereby authorized to remove or cause the removal and/or impounding of any vehicle that obstructs or otherwise impedes traffic on any street in the village. Such vehicle may be removed and conveyed by or under the direction of a member of the public safety department by means of towing to a vehicle pound. The director of public safety or his designee is authorized to engage the services of any private operator of towing cars to remove vehicles under the direction of a member of the public safety department where the same are found in violation of traffic ordinances and regulations of the Village.

b. Before the owner or person in charge of such vehicle shall be permitted to remove the same from the custody of the public safety department, he shall furnish evidence of his identity and ownership; he shall sign a receipt and shall pay a fee to cover cost of removal plus the cost of storage; and he shall pay an additional storage fee for each day the vehicle is stored in the vehicle pound in excess of the first 24 hours the vehicle is impounded.

c. Whenever this section is alleged to have been violated, director of public safety or his designee shall have the authority to issue and serve an appearance ticket upon the violator if they have reasonable cause to believe that a violation has been committed. Such appearance ticket shall be in the form subscribed by state law.

(6) Stalled vehicle. Whenever a vehicle becomes stalled for any reason, whether or not in violation of this section, on any city street on which there is a parking prohibition in effect, the person operating such vehicle shall take immediate action to have the vehicle towed or pushed off the roadway. No person shall abandon or leave his vehicle in the roadway, regardless of whether he indicates by raising the hood or otherwise that the vehicle is stalled, except for the purpose of securing assistance during the actual time necessary to go to a nearby telephone or to a nearby garage, gasoline station, or other place of assistance and return without delay.

(7) Termination. Once in effect, a prohibition under this section shall remain in effect until terminated by announcement of the director in accordance with this section, except that any street area which has become substantially clear of snow and ice from curb to curb for the length of the entire block shall be automatically excluded therefrom.

(8) Exemptions. In all areas of the village, an owner of a motor vehicle who resides at premises which do not have a driveway shall be exempted from the requirement to move the motor vehicle in the event of a snow emergency; however, residents in the area are required to park their vehicles as close to the curb as possible to make room for snow plows and other emergency vehicles. Owners of exempt vehicles will be issued identifying stickers which shall be displayed in the rear side window on the driver's side of the vehicle. Motor vehicles with handicapped stickers shall also be exempt from the provisions of this section.

(9) Relationship to other laws. Any provision of this section which becomes effective by declaration of the director or upon the occurrence of certain weather conditions shall, while temporarily in effect, take precedence over other conflicting provisions of law normally in effect, except that it shall not take precedent over provisions of law relating to traffic accidents, emergency travel of authorized emergency vehicles, or emergency traffic directions by a police officer. However, nothing in this section shall be construed to permit parking at any time or place where it is forbidden by any other provision of law.

(10) Penalty. A person who violates this section is responsible for a civil infraction.