[Adopted as Ch. 11, Art. III, of the 1964 Code]
It shall be unlawful for any person, firm or corporation to tunnel under or to make any excavation in any street, alley or other public place in the Village without having obtained a permit as is herein required, or without complying with the provisions of this article or in violation of or variance from the terms of any such permit.
A. 
Applications for such permits shall be made to the Flossmoor Building Department and shall describe the location of the intended excavation or tunnel, the size thereof, the purpose therefor, the type of pavement (if any) to be removed, the approximate length of time the excavation will remain open, the name of the person, firm or corporation doing the actual excavating work, and the name of the person, firm or corporation for whom or which the work is being done, and shall contain an agreement that the applicant will comply with all ordinances and laws relating to the work to be done, and with all instructions by Village authorities as to backfilling, barricading and protective lighting.
B. 
Each application shall also show that the applicant has contacted all operators of gas, electric, telephone, or any other public utility service in the area, as well as this Village itself, to receive from them the information as to the existence and location of any underground facilities, so that the proper precautions can be taken to avoid accidents through damage to the underground structures.
No such permit shall be issued except on order of the Director of Public Works.
The fee for such permit shall be as stated in Chapter 150, Fees, Fines and Charges, Article 8.
No such permit shall be issued unless and until the owner or contractor applying therefor has filed with the Flossmoor Building Department a bond in the sum of $10,000 conditioned to indemnify the Village for any loss, liability or damage that may result or accrue from or because of the making, existence or manner of guarding or constructing any such tunnel or excavation. Such bond shall have as surety a corporation licensed to do business in the State of Illinois as a surety company.[1]
[1]
Editor's Note: Original § 11.306, Deposit, of the 1964 Code, which followed this section, was repealed.
A. 
It shall be unlawful to make any such excavation or tunnel in any way contrary to or at variance with the terms of the permit therefor. Proper bracing shall be maintained to prevent the collapse of adjoining ground; and in excavations, the excavation shall not have anywhere below the surface any portion which extends beyond the opening at the surface.
B. 
No injury shall be done to any pipes, cables or conduits in the making of such excavation or tunnel; and notice shall be given to the persons maintaining any such pipes, cables, or conduits or to the Village department or officer charged with the care thereof, which are or may be endangered or affected by the making of any such excavation or tunnel, before such pipes, cables or conduits shall be disturbed.
C. 
No unnecessary damage or injury shall be done to any tree or shrub or the roots thereof.
If any sidewalk is blocked by any such work a temporary sidewalk shall be constructed or provided which shall be safe for travel and convenient for users.
Each application for a permit shall state the length of time it is estimated will elapse from the commencement of the work until the restoration of the surface of the ground, or until the refill is made ready for the pavement to be put on by the Village, if the Village restores such surface pavement. It shall be unlawful to fail to comply with this time limitation unless permission for an extension of time is granted by the Director of Public Works.
A. 
Any person, firm or corporation making any excavation or tunnel in or under any public street, sidewalk, alley, or public place in the Village shall restore the surface thereof to its original condition if there is no pavement there. Refills shall be properly tamped down, and any bracing in such tunnel or excavation shall be left in the ground.
B. 
Any opening in a paved or improved portion of a street shall be repaired and the surface relaid by the applicant, in compliance with the ordinances and subject to the Director of Public Works; and if such work is not done within 10 days after restoration is possible, the Village may restore the surface and charge the cost thereof to the permittee.
[Amended 7-7-2014 by Ord. No. 2014-1783]
The Director of Public Works shall from time to time inspect all excavations and tunnels being made in or under any public street, sidewalk, alley or other public place in the Village to see to the enforcement of the provisions of this article.
The provisions of this article relative to securing permits shall not apply to officers or employees of the Village engaged in doing work for the Village; nor to persons or corporations doing work for the Village under contract; nor to persons or corporations which are operating under a franchise or grant from the Village if such franchise provides for the making of excavations and tunnels without securing a permit therefor.[1]
[1]
Editor's Note: Original § 11.314, Penalty, of the 1964 Code, which immediately followed this section, was repealed 7-7-2014 by Ord. No. 2014-1783.