[Amended 8-24-1982 by L.L. No. 4-1982]
No person shall open up, alter the grade, dig
or excavate in or under the roadbed, pavement or gutters of any street
of the Village for any purpose whatever, except upon compliance with
the provisions herein.
[Amended 8-24-1982 by L.L. No. 4-1982]
Not less than 72 hours prior to the proposed
time for such digging or excavating, application shall be made to
the Village Clerk for a permit therefor. Such application shall state:
A. The name of the applicant.
B. The fact that the applicant is either a contractor
or the representative of a division, a department or branch of government,
of a utility corporation or a plumber or electrician or a person engaged
in some business or occupation whose work requires such excavation
to be made.
C. The precise place where the applicant desires to dig
or excavate, with the distance from the nearest street intersection
or from the property abutting the street at the point proposed for
excavation.
[Amended 8-24-1982 by L.L. No. 4-1982]
Each application shall be accompanied by a cash
deposit, the amount of which is to be determined by the Village Engineer,
adequate to cover the cost of restoring the street and its pavement
to a condition which meets the approval of the Department of Public
Works or, in the alternative, a bond giving adequate assurance that
such repavement will be made.
[Amended 8-24-1982 by L.L. No. 4-1982]
Each application for a permit shall further
be accompanied by a certificate of insurance, in a form approved by
the Village Attorney and specifying coverage in accordance with current
Village requirements, as determined, from time to time, by the Village
Board.
[Amended 8-24-1982 by L.L. No. 4-1982; 5-14-2019 by L.L. No. 1-2019]
The fee for each permit hereunder will be the
amount provided, from time to time, by resolution of the Village Board.
When there has been full compliance with the
provisions herein stated, and no other valid objections have appeared,
the Department of Public Works will issue a permit to the applicant
therefor.
[Amended 8-24-1982 by L.L. No. 4-1982]
Every grant of work for which a permit is issued
must be begun within a reasonable time not to exceed one month from
the time the permit is issued.
Each person to whom a permit is issued hereunder
must at all times have it available at the place of the excavation
and, upon demand, show it to the representative of the Village.
Whenever the surface of a street is disturbed
or an opening is made therein or when, as a result of work done thereon,
there exists a depression below the surrounding grade or an elevation
higher than the grade because of excess backfill or for other reasons,
the persons to whom the permit was issued or who has caused the hazard
shall provide adequate safeguards to the public by erecting a barrier
or fence of distinctive type or color marking the outside limits of
the affected area and bearing warning signs distinguishable by day
and adequate numbers of lighted lanterns or flares to give warning
of the danger after dark.
[Amended 8-24-1982 by L.L. No. 4-1982]
For the infraction of any provision hereof, any permit may be canceled and permission to do similar work may be withheld from the offender for a period of three months from the time of such violation. This penalty is in addition to and not in derogation of or in substitution for the general penalties provided in Chapter
1, General Provisions, Article
II, General Penalty.