[Adopted 4-2-1962 by Ch.
14, Art. II, of the 1962 Code]
The following words, when used in this Article, shall have the meanings
ascribed to them in this section, except in those instances where the context
clearly indicates otherwise:
Any person who makes application for a permit.
Any unforeseen circumstance or occurrence, the existence of which
constitutes a clear and immediate danger to persons or properties.
Any person who has been issued a permit and has agreed to fulfill
all the terms of this Article.
Includes any natural person, partnership, firm, association, utility,
corporation or authority created pursuant to an Act of the State Legislature.
Includes a public street, public easement, public right-of-way, public
highway, public alley, public way, public sidewalk or public road accepted
or maintained by the village.
The Village Manager or the person designated by him.
The Superintendent shall notify, in writing, the village police and
fire authorities of all street-opening permits he grants. Such notification
shall state the nature of the work to be done, proposed beginning and completion
dates and the location of such project.
The provisions of this Article shall not be applicable in those instances
or areas where the highway is maintained by the state or by the county.
It shall be unlawful for any person to make any tunnel, opening or excavation
of any kind in or under the surface of any street or sidewalk without first
securing a permit from the village for such separate undertaking; provided,
however, that any person maintaining pipes, lines or other underground facilities
in or under the surface of any street may proceed with an opening without
a permit when emergency circumstances demand the work to be done immediately,
provided that the permit could not reasonably and practically have been obtained
beforehand. The person shall thereafter apply for a permit on the first regular
business day on which the office of the Superintendent is open for business.
Such permit shall be retroactive to the date when the work was begun.
It shall be the duty and responsibility of any applicant referred to
in this Article to:
A.
Application generally. Make a written application for
a permit with the Superintendent on such form as he shall prescribe. No work
shall commence until the Superintendent has approved the application and plan
and issued a permit and until the permittee has paid and provided all fees,
deposits and certificates required by this Article.
B.
Plan. Furnish, in duplicate, a plan showing the work
to be performed under such permit. If approved by the Superintendent, one
copy of such plan shall be returned to the applicant at the time the permit
is granted.
C.
Insurance.
(1)
No permit for street opening shall be issued by the Superintendent until the applicant therefor shall have first placed on file with the Superintendent, without cost to the village, satisfactory evidence of public liability insurance in the amounts provided in Chapter A112, Fees, and satisfactory evidence that the insurance has been approved as to form, correctness and adequacy by the Village Attorney to insure the village against any loss, injury or damage arising out of the granting of the permit or from any negligence or fault of the applicant, his agents, servants or employees in connection with the opening or with any work related thereto.
[Amended 7-19-1982 by L.L. No. 4-1982]
(2)
Such insurance must remain in force throughout the effective
period of the permit, as well as any authorized extensions thereof, and shall
carry an endorsement to the effect that the insurance company will give at
least 10 days' written notice to the village of any modification or cancellation
of any such insurance.
No person to whom a permit has been granted shall perform any of the
work authorized by such permit in any amount or quantity greater than that
specified in the permit, except that, upon the approval by the Superintendent,
additional work may be done under the provisions of the permit in any amount
not greater than 10% of the amount specified in the permit. Any deposit posted
in connection with the original permit shall be deemed to cover any such additional
work as may be approved pursuant to this section within the limit mentioned
herein.
A.
The work for which a permit has been issued shall commence
within 30 days after the issuance of the permit therefor. A permit may be
renewed for a period of 15 days from the original expiration date without
payment of additional permit fees. If not so commenced by the expiration of
the renewal expiration date, the permit may be renewed only upon the payment
of an additional permit fee as originally required.
B.
Every permit issued under this Article shall expire at
the end of the period of time, which shall be set out in the permit. If the
permittee shall be unable to complete the work within the specified time,
he shall, prior to expiration of the permit, present, in writing, to the Superintendent
a request for an extension of time, setting forth therein the reasons for
the requested extension. If, in the opinion of the Superintendent, such an
extension is necessary and not contrary to the public interest, the permittee
may be granted additional time for the completion of the work.
Permits issued under this Article are not transferable from one person
to another, and the work shall not be made in any place other than the location
specifically designated in the permit.
Every permit issued under this Article shall be granted subject to the
right of the village or of any other person entitled thereto to use the street
for any purpose for which such street may lawfully be used, not inconsistent
with the permit.
A.
Any permit may be revoked by the Superintendent, after
notice to the permittee, for:
(1)
Violation of any condition of the permit or of any provision
of this Article.
(2)
Violation of any provision of any other applicable ordinance
or law relating to the work.
(3)
Existence of any condition or the doing of any act constituting
or creating a nuisance or endangering the lives or properties of others.
B.
Written notice of any such violation or condition shall
be served upon the permittee or his agent engaged in the work. The notice
shall contain a brief statement of the grounds relied upon for revoking the
permit. Notice may be given either by personal delivery thereof to the person
to be notified or by certified or registered United States mall addressed
to the person to be notified.
C.
When any permit has been revoked and the work authorized
by the permit has not been completed, the Superintendent shall do such work
as may be necessary to restore the street or part thereof to as good a condition
as before the opening was made. All expenses incurred by the village shall
be recovered from the deposit the permittee has made or filed with the village.
It shall be the duty and responsibility of any person receiving a permit
under this Article to:
A.
Fee. Pay to the village with each application the permit fee established in Chapter A112, Fees, to cover the cost of the issuance of the permit and any required supervision or inspection.
[Amended 7-19-1982 by L.L.
No. 4-1982]
C.
Restoration of street. Restore the street in accordance
with regulations as determined by the Superintendent.
D.
Evidence of availability of materials, etc. Present evidence
that all materials, labor and equipment which are needed to complete such
work as authorized by the permit are available.
E.
Display of permit, etc. Keep the original copy of the
permit and an approved copy of the plan at all times while such work is in
progress at the location for which the permit was granted and show such permit
or plan upon demand by the village highway or police authorities.
[Amended 7-19-1982 by L.L.
No. 4-1982]
The Village Engineer, in accordance with good engineering practice and
prevailing costs, shall prepare an itemized estimate of costs which would
be incurred in returning pavements and other areas to be worked to their proper
condition. The amount of such estimate shall be the deposit referred to hereafter.
The deposit referred to in the preceding section may be either in the
form of a certified, treasurer's or cashier's check or in lawful money of
the United States.
A.
The amount of deposit shall be retained by the village
during the period of restoration and completion of surfacing and for the duration
of the period of maintenance, as defined in the following section.
B.
Upon the failure or default by the permittee of any of
the terms, agreements, covenants and conditions of the permit on the permittee's
part to be done or performed, after 24 hours' notice, in writing, the deposit
may be used by the village for any expense incurred by the village by reason
of such failure or default on the part of the permittee, without further notice.
C.
Any balance left after the expense of such failure or
default, as determined and certified by the Superintendent, has been paid
and deducted from the amount of the deposit shall be refunded to the permittee.
A.
The period of maintenance referred to in the preceding
section shall be considered as a period of six months after the date of final
completion, as determined by the Superintendent of the work to be done pursuant
to the terms of the permit; except, however, that, in the event that the termination
of the six-month period shall fall within the months of December, January,
February, March or April, then and in that event the period of maintenance
shall be considered as extending until the first day of May, next thereafter.
B.
The permittee shall be responsible for the entire work
and shall keep every portion of such work in perfect order and repair during
the entire period of maintenance.
A.
A public service corporation shall file and keep on file with the village a bond in the amount provided in Chapter A112, Fees, which bond is to be approved as to form, amount and sufficiency of surety by the Village Attorney and which bond is to be retained as security for the faithful performance by the applicant of all terms, agreements, covenants and conditions of the permit on the applicant's part to be done or performed, and, in addition thereto, the public service corporation shall file and keep on file with the Village Clerk an agreement, approved as to form by the Village Attorney, to indemnify and save harmless the village from claims, suits, actions, proceedings, losses, injuries, damages and costs of every kind and description arising out of or resulting from any act or omission on the part of such public service corporation under any permit granted to it or from any negligence or fault of such public service corporation, its contractors, agents, servants or employees in connection with sidewalk, curb or driveway work or repairs or street openings or any work related thereto and also to defend on behalf of the village any actions or proceedings which may be instituted against the village. A public service corporation shall be billed by the Superintendent on behalf of the village for any expense incurred by the village as a result of failure or default on the part of such corporation in the performance or completion of the work as may be determined and certified by the Superintendent.
[Amended 7-19-1982 by L.L. No. 4-1982]
B.
In the event of an emergency due to breakage of pipes,
etc., street openings may be made by a public service corporation prior to
obtaining a permit for street opening; provided, however, that the public
service corporation shall have filed the required bond and evidence of insurance
or indemnity agreement as specified herein; and provided, further, that the
public service corporation shall make application for the necessary permit
for street opening not later than 24 hours, Saturdays, Sundays and holidays
not included, after the opening has been commenced.
C.
Notwithstanding the filing of the foregoing by a public service corporation, the corporation shall pay all permit fees, as provided in § 93-23, within 10 days after written demand by the village. For failure to comply with this provision as to payment or any of the provisions of this section, the Board of Trustees may revoke the privilege of any public service corporation to file the bond, and thereafter the corporation shall comply with all provisions of this Article as if it were any other person as defined in this Article.
The Superintendent is hereby authorized and directed to adopt such written
regulations as may be necessary for the implementation and enforcement of
the provisions of this chapter. Such regulations shall include but shall not
be limited to:
A.
Limitations on the size of an opening.
B.
Restrictions for the protection of existing subsurface
installations, monuments and drainage systems.
C.
Requirements for the storage and removal of excavated
materials.
D.
Designation of safety precautions to be taken by the
permittee.
E.
Restrictions as to the period of day when the work may
be performed.
F.
Requirements for backfilling, inspecting and restoring
of openings.
[Added 7-19-1982 by L.L.
No. 4-1982; amended 8-24-1992 by L.L.
No. 9-1992]
Any person committing an offense against any provision of this Article shall be punishable as provided in § 1-17A of this Code.
