[HISTORY: Adopted by the Village Board of the Village of
Grafton as Title 11, Ch. 11.16, of the 1979 Code; amended in its entirety 7-17-2017 by Ord. No. 005-2017. Subsequent amendments noted where applicable.]
A.Â
No person shall, for any purpose, make or cause to be made any excavation
in any street, alley, highway, sidewalk or other public way without
first obtaining a permit therefor from the Director of Public Works.
B.Â
Fee schedule.
[Amended 12-18-2017 by Ord. No. 013-2017]
1.Â
Street opening (damaging pavement): $300.
2.Â
Opening curb, alleyway, walkway or parkway: $100.
3.Â
Perform work/labor or deposit excavation material or construction
material within a public right-of-way: $50.
4.Â
Failure to obtain a permit before work begins: triple fees.
5.Â
Fee for public utility right-of-way: $100.
[Amended 6-15-2020 by Ord. No. 007-2020; 7-20-2020 by Ord. No. 010-2020]
Before a permit may be issued for making any excavation or opening
in any street or public way, the applicant shall execute and deposit
with the Director of Public Works an indemnity bond, conditioned that
he/she will indemnify and save harmless the Village and its officers
from all liability for accidents and damage caused by any of his work,
or by any unfaithful, imperfect or inadequate work done by virtue
of his permit or for any other reason, and that he/she will replace
and restore the pavement over any opening he/she may have made to
as good a state and condition to the satisfaction of the Director
of Public Works for one year, and that he/she will pay all fines imposed
upon him/her for any violation of any rules or regulations governing
street openings and drain laying adopted by the Village Board. Such
bond shall also guarantee that, if the Village elects to make the
street repair, the person opening the street will pay all costs of
making such repair and of maintaining the repair for one year. Recovery
on such bond for any accident, injury, violation of law, ordinance,
rule or regulation shall not exhaust the bond but it shall cover any
and all accidents, injuries or violations during the period of excavation
for which it is given. An annual bond may be given under this chapter
covering all excavation work done by the principal for one year, which
shall be conditioned as specified in this section and in the amount
determined annually by the Department of Public Works as necessary
to adequately protect the public and the Village. The amount of the
indemnity bond shall be established by the Village Board and may from
time to time be modified. The indemnity bond amount shall be included
on the Village of Grafton Development Fee Schedule established by
the Village Board and shall be available for review at the Department
of Public Works and Building Inspection office.
Prior to the commencement of excavation work, a permittee must
furnish the Director of Public Works satisfactory written evidence
that he/she has in force and will maintain during the life of the
permit and the period of excavation, public liability insurance of
not less than $100,000 for one person, $300,000 for one accident and
property damage insurance of not less than $50,000.
No opening in the streets or sidewalks for any purpose will
be permitted when the ground is frozen, except where necessary as
determined by the Director of Public Works.
In opening any street or other public way, all paving materials
shall be removed with the least possible loss of, or injury to, surfacing
material and, together with the excavated material from trenches,
shall be placed so as to cause the least practicable inconvenience
to the public and permit free flow of water along gutters.
Every person shall maintain around any excavation or building
material or other obstruction in the street or public ways, from sunset
to sunrise, sufficient lights to warn operators of vehicles and pedestrians
of the presence of such excavation or obstruction. Barricades and
lights are to be placed at each end of the opening or obstruction
in the street or way, and other lights are to be placed at intervals
of 10 feet. All necessary precautions shall be taken to guard the
public effectually from accidents or damage to persons or property
during the period of the work. Each person making such opening shall
be held liable for all damages, including costs incurred by the Village
in defending any action brought against it for damages, as well as
costs of any appeal that may result from the neglect by his employees
or himself of any necessary precaution against injury or damage to
persons, vehicles, or property of any kind.
In opening a trench on any street or right-of-way, the bituminous
pavement, base course, sidewalk, curb and gutter, grassy parkway must
be removed and replaced back to the original or better condition.
All bituminous edges shall be finish saw cut prior to placing four-inch
minimum bituminous pavement. This shall be done in two consecutive
lifts. All rubbish shall be immediately removed, leaving the street
or sidewalk in perfect repair, the same to be so maintained for a
period of one year. In refilling the opening, the earth must be puddled
or laid in layers not more than nine inches in depth and each layer
rammed or tamped to prevent after-settling. When sides of the trench
will not stand perpendicular, sheathing and braces must be used to
prevent caving. The Village may elect to have the Department of Public
Works make the pavement repair for any street or sidewalk opening,
in which case the cost of making such repair and of maintaining it
for one year shall be charged to the person making the street opening.
When any excavation is made in a permanently paved road or street,
or in any road or street which is to be permanently paved, all clay
or hardpan must be removed and the excavation entirely backfilled
with sand or gravel thoroughly wet and consolidated. Any tunnel dug
in such road or street shall be backfilled with concrete in a manner
approved by the Director of Public Works.
In the event of an emergency, any person owning or controlling
any sewer, water main, conduit or utility in or under any street and
his agents or employees 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 apply for an excavation permit not later than
the end of the next succeeding business day and shall not make any
permanent repairs without first obtaining an excavation permit under
this chapter.
The provisions of this chapter shall not apply to excavation
work under the direction of the Director of Public Works by Village
employees or contractors performing work under contract with the Village
necessitating openings or excavations in Village streets.
