A. 
Application. No person shall open or cause to be opened by cutting or digging the surface, pavement, sidewalk or curbing or soil in any street, highway or public place under the jurisdiction of the Village without first obtaining the written consent of the Superintendent of Public Works and paying the prescribed fees therefor, or without complying with the provisions and conditions relating thereto as hereinafter provided.
B. 
Fees established by Board of Trustees. The Board of Trustees shall by resolution establish a uniform set of fees, for the written consent, which shall be based upon the estimated actual costs and expenses to be borne by the Village in restoring the street, highway or other public property to its former usefulness. The Board of Trustees may, from time to time, change said fees to reflect changes in costs and expenses.
[Amended 4-12-2004 by L.L. No. 1-2004]
Any person making or causing to be made any such excavation in the streets, highways or public places of the Village shall properly guard or barricade such excavation at all times, and install and maintain adequate and sufficient warning devices to warn the public, and shall restore the street, highway or public property to its former usefulness according to the next section of this article. No unauthorized person shall remove or in any way interfere with any such warning devices or barriers.
All excavated materials shall be removed, following which all openings shall be carefully backfilled for their entire length, width and depth in the street or highway area, including the area between the curb and the property line, with bank-run gravel or crushed stone, well tamped. Additional bank-run gravel or crushed stone shall be added by the permittee as long as any settlement occurs, following which the pavement, curbing or other improvements shall be restored either by the permittee or the Village as determined in the permit.
A. 
Bond in lieu of paying fees. Public service corporations may, in lieu of paying the fees established pursuant to § 122-1 of this article, file with the Village Clerk-Treasurer a bond to be approved as to form, amount and sufficiency of sureties by the Village Attorney, conditioned upon the proper restoration of streets, highways and public places, in accordance with the directions of the Superintendent of Public Works and to his satisfaction; the payment to the Village; upon demand, of any costs and expenses incurred by said Village; and the saving of the Village of Pulaski, its officers and employees, harmless from any loss, injury or damage due to opening streets, highways or public places, or to any negligence or fault of such corporations, their employees, or agents, in connection therewith.
B. 
Separate permits not required; amount of bond. All persons engaged within the Village of Pulaski in the telephone, gas or electric business, or any other business, the nature of which would require or result in frequent applications for permits to make obstructions or excavations in the streets, highways or public places of the Village shall not, however, be required to obtain separate permits but in all such cases, a general bond shall be given in lieu of any permit indemnifying the Village of Pulaski from any and all loss, cost or damage as aforesaid resulting or arising directly or indirectly at any time from any act done by said public service corporation. Said bond shall be in the amount as determined by the Board of Trustees and shall be renewed annually, or as long as such person continues to do business with the Village of Pulaski.
C. 
Notification required.
(1) 
Notwithstanding the foregoing, public service corporations shall advise the Superintendent of Public Works in writing as soon as feasible but no later than 30 days prior to making any obstructions or excavations of its intention to do so, except in case of emergency in which event notification shall be made as soon as possible prior to or after the emergency and need not be in writing.
(2) 
The Superintendent of Public Works shall have the power and authority to direct any public service corporation to coordinate its work with the Village, its independent contractors, or other persons authorized to make excavations or work in streets, highways or public places.
D. 
Backfilling requirements. Excavations made by a public service corporation must be backfilled by it with bank-run gravel or crushed stone, in accordance with the provisions of § 122-3 of this article, except that the pavement, curbing, and other improvements must be restored by and at the expense of said corporation.
A. 
Applications. Applications for making an excavation in or upon any public street, highway or other public place within the Village of Pulaski will be accepted only if they are made by:
(1) 
A public service corporation, having on file with the Village Clerk-Treasurer a bond as required in § 122-4 of this article.
(2) 
Any other person whose application shall be accompanied by a bond in the amount as determined by the Board of Trustees approved as to form and sufficiency of sureties by the Village Attorney, to be given by the person by or in whose behalf such consent or permission is requested, indemnifying the Village of Pulaski against all loss, cost, damage or expense sustained or recovered on account of any negligence, omission or act of the applicant.
B. 
The Board of Trustees may in its discretion accept a certificate of insurance in an amount determined by it revocable only on 30 days notice in lieu of the aforesaid bonds.[1]
[1]
Editor's Note: Former Section 44.6, Guarding excavations and obstructions, which immediately followed this section, was deleted 4-12-2004 by L.L. No. 1-2004.
All work done pursuant to this article shall be done and performed subject to the supervision and approval of the Superintendent of Public Works.