§ 22-8. Lawn irrigation or snowmelt systems within right-of-way or parkway, permit and fee.
(a)
No person shall install any lawn irrigation or snowmelt system within a right-of-way or parkway without having first secured a right-of-way permit and a construction, use and indemnification agreement from the city. By applying for and receiving a permit, personally or through a contractor, the owner of a lawn irrigation or snowmelt system, successors, heirs, and assigns shall be subject to the following terms and conditions:
(1)
The sole responsibility for the maintenance and repairs to the lawn irrigation or snowmelt system shall be and remain the obligation of the owner, successors, heirs, and assigns;
(2)
Any construction, use and indemnification agreement shall require approval by the corporate authorities of the city; and
(3)
The owner of an irrigation system or snowmelt system, as a mandatory condition of a construction, use and indemnification agreement shall release the city, its elected and appointed officials, utilities company's and contractors from any and all claims, damages, injuries, or costs of any type whatsoever, which may occur to the system in the right-of-way or parkway, or where the portion of the system located in the right-of-way or parkway connects to any portion of the system located on private property regardless of cause. Furthermore, the owner shall defend, indemnify, and hold the city harmless from any and all claims, actions, costs, judgments, injuries, property damage, expenses (including reasonable attorneys' and experts' fees) which arise or may be caused by the negligence of the owner, or owner's agent, as a result of the design, construction, maintenance, use or abandonment of the lawn irrigation or snowmelt system. An additional condition of any construction, use and indemnification agreement shall be that the owner agrees to pay the city the full costs of any damage to any city equipment or property caused by the presence of system regardless of cause and with a full wavier of comparative negligence or a defense of willful and wanton misconduct against the city, its employees and agents.
(b)
Lawn irrigation systems shall be designed, installed, and operated as not to spray water onto the sidewalk, curb, gutter or street. Snowmelt systems shall be designed, installed and operated so as not to cause any accumulation of ice on public sidewalks, curbs, gutters, and roadways.
(c)
Every snowmelt system within the right-of-way or parkway shall be separately zoned from any portion of a connected snowmelt system on private property so that portion of the snowmelt system within the right-of-way or parkway can be turned off at the request of the city. Where any snowmelt system has or is creating a dangerous condition through the build-up of ice on any sidewalk or curb, gutter, street or alley or any neighboring sidewalk, curb gutter, street or alley, the city may, in its sole discretion, upon direction of any employee of the city building or police department, require the owner or other person having control of the snowmelt system to turn off the snowmelt functions in one or more of the zones. Any person refusing at the request of an employee of the city building department or police department to turn a snowmelt system off shall be in violation of this section and their construction, use and indemnification agreement.
(d)
The boiler associated with the snowmelt system shall have a minimum efficiency of 85 percent. The snowmelt system shall have automatic controls capable of shutting off the system when the pavement temperature is above 50 degrees Fahrenheit and no precipitation is falling and an automatic or manual control that will allow shutoff when the outdoor temperature is above 40 degrees Fahrenheit.
(e)
Fees for irrigation or snowmelt systems within right-of-way or parkway shall be in accordance with appendix B to this Code. The application fee shall be waived in its entirety when applicant installs a snowmelt system that offsets its energy use with a minimum of 25 percent on-site renewable energy sources.
(Code 1996, § 22-8; Ord. No. F-1519, § 1, 10-18-2010; Ord. No. F-1712, § 1, 5-20-2013)