[Adopted 10-27-1959]
[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.
A.
As a condition precedent to receiving a permit, the applicant shall agree that immediately upon completion of his work and, when required, its inspection and approval, he will backfill the excavation. Thereafter, when the Village restores the street at the place excavated to complete repair, the cost thereof will be paid by the permittee, the amount due being taken from the sum placed on deposit as provided in § 85-3 above. Until such complete repair has been made, all liability for the condition of the street remains upon the permittee.
B.
In the alternative, upon permission in writing, by
authorization of the Village Board, the permittee may himself restore
the pavement to complete repair, under supervision of the Department
of Public Works and in conformity with grades and specifications to
be provided for such work.
[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.
A.
Application. In an emergency, such as the breaking
of a main or stoppage of a sewer line or other condition calling for
immediate opening of a street to prevent loss or injury to property,
application may be made to the Village Clerk for an emergency permit,
in person or by telephone, and authority shall be granted to proceed
with the necessary work forthwith.
B.
Notifying police. If such emergency develops during
hours when the Village Office is closed, as during the night or on
holidays, notification thereof shall be made to the Police Department
in person or by telephone before proceeding with the street opening.
C.
Duties thereafter. It shall be the duty of every person
who undertakes to open a street under the provisions of this section
to place warning signs, lights and barriers to protect the public
and, upon the first day of resumption of regular business at the Village
Office, to comply with the provisions above or to be held in violation
of this article.
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.
