The Board of Trustees of the Village hereby establishes as the official grade map for the Village the grades, measurements and dimensions shown on the grade map prepared by Carman Dunne, Inc., Village Engineers, which map is dated the ninth day of December 1940, and known as Map No. 40-161, and fixes all of the elevations, grades and dimensions shown on said map as the official grades, elevations and dimensions of the Village at which all future roads, sidewalks and improvements shall be made.
[Adopted as Ch. 18, Art. III, of the 1967 Code of Ordinances]
All grades furnished by the Village Engineer or Superintendent of Buildings shall be in accordance with the grades shown on the map adopted as the official grade map in § 212-16.
No person shall alter or disturb the grade of any street, highway or public place within the Village until said person shall first obtain a permit therefor from the Superintendent of Buildings.
[Amended 12-1-1969 by Ord. No. 69-30; 3-4-1974; 12-18-1978 by L.L. No. 19-1978]
Each application for a permit required in § 212-18 shall be in writing on a blank form provided by the Village, containing the required information, accompanied by a fee payable to the Village Engineer of $60 for up to and including 100 feet, with an additional charge of $0.60 per foot for every foot thereafter.
Each application for a permit provided for in § 212-18 shall be accompanied by an agreement on the part of the applicant to hold the Village harmless for the costs of replacement and repair in the event the applicant fails to restore as provided in this article and also by an agreement to indemnify the Village against any and all claims or actions for personal property damage and for bodily harm arising out of or by reason of negligence on the part of said applicant in connection with the aforementioned work or replacement.
A.
No permit required in § 212-18 shall be issued unless prior thereto the person applying therefor shall execute and file with the Superintendent of Buildings one bond and one
(1)
Insurance policy as follows:
(2)
Bond. A surety company bond in the sum of $2,000 to assure the Village that the street, highway or public place or surface of or pavement thereon will be restored to the same condition that it was in at the time the permit was issued, namely, reasonably safe for travel or other public use.
(3)
Insurance. An insurance policy in the sum of one $100,000 and $200,000, indemnifying and saving harmless the Village for any and all liability for bodily injury or otherwise which may result from any disturbance, change or alteration of grade by the applicant of any portion of such street, highway or public place.
B.
Each such bond or policy shall be in the name of the Village as the assured.
Every permit issued in pursuance of this article shall be at all times in the possession of the parties actually prosecuting the work.
No permit issued in pursuance of this article to any person shall be construed to relieve any such permittee of the duty to properly guard any excavation by guardrails, signal lights and such other means as may be necessary to warn travelers on the highway of the danger to be apprehended therefrom.
No permit issued in pursuance of this article shall be construed in any manner to render the Village liable for any negligence of such applicant in making such excavation.
In the event of the failure of an applicant hereunder to restore properly any earth or pavement disturbed by him or it within three days after notice by mail to such applicant by the Superintendent of Buildings, said earth and pavement may be restored to grade by the Village, and the cost thereof charged against such applicant and insurance aforesaid.