[Adopted as Secs. 8.03 and 8.15 of the 2003 Municipal Code]
No person shall, without first obtaining a permit from the Director
of Public Works, make any opening in any street, alley, sidewalk or
any public way within the Village. No permit shall be granted when
the ground is frozen unless the Director determines such opening is
necessary.
Application for a permit shall be made on a form supplied by the Director of Public Works. The application shall be accompanied by a signed agreement to save the Village harmless from any liability arising from the work or activity covered by the permit, the fee provided in § 400-6 below and a written description of the work, including a sketch designating the trench location.
The permit fee shall be as set by the Village Board.
A certificate of insurance evidencing that the applicant has
in force and will maintain during the term of the permit public liability
insurance of not less than $1,000,000 for any one person, $3,000,000
for any one accident and $50,000 for property damage.
Every permittee shall enclose each opening which he may make
in the streets or public ways of the Village with sufficient barricades
and barricade lights in order to warn the traveling public.
The permittee shall comply with all Village Board rules and
regulations governing excavation, refilling and repaving and shall
be responsible for any costs incurred by the Village. The permittee
shall make a determination whether or not sheathing and bracing shall
be required. The permittee shall notify the Director of Public Works
when repaving has been completed. In the event caving occurs within
one year of the completion of the project, the permittee shall be
responsible for restoring the street.
[Amended 8-31-2009 by Ord. No. 2009-03]
In the event of an emergency, any person owning or controlling
any sewer, conduit or utility in or under any street may take immediate
proper emergency measures to remedy dangerous conditions for the protection
of property, life, health or safety without obtaining an excavation
permit, provided that such person shall immediately notify the Village
President or the Police Officer in Charge and shall apply for an excavation
permit not later than the end of the next succeeding business day.
The provisions of this article shall not apply to excavation
work done under the supervision of the Director of Public Works by
Village employees or contractors performing work under contract with
the Village necessitating excavation in Village streets.
The penalty for violation of any provision of this article shall be a penalty as provided in § 1-4 of this Code. A separate offense shall be deemed committed on each day on which a violation of this article occurs or continues.
