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:
APPLICANT
Any person who makes application for a permit.
EMERGENCY
Any unforeseen circumstance or occurrence, the existence of which
constitutes a clear and immediate danger to persons or properties.
PERMITTEE
Any person who has been issued a permit and has agreed to fulfill
all the terms of this Article.
PERSON
Includes any natural person, partnership, firm, association, utility,
corporation or authority created pursuant to an Act of the State Legislature.
STREET
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 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.
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.
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]
B. Deposit. Make a deposit to cover the cost of restoring the street damaged by such work. The amount of deposit shall be computed by the superintendent, as provided by §§
93-24 to
93-28.
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.
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.