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.
Applications for such permits shall be made to the Clerk and
shall describe the location of the intended excavation or tunnel,
the size thereof, the purpose therefor, and the person, firm or corporation
doing the actual excavating work; and the name of the person, firm
or corporation for whom or for which the work is being done, and it
shall also contain an agreement that the applicant will comply with
all ordinances and laws relating to the work to be done.
[Amended at time of adoption of Code (see Ch. 1, Administration,
Art. I, General Code Provisions, Div. I)]
The fees for permit applications shall be in amounts as established
from time to time by the Village Board; however, the Village Board
may waive the fees in this section.
[Amended at time of adoption of Code (see Ch. 1, Administration,
Art. I, General Code Provisions, Div. I)]
No such permit shall be issued unless and until the applicant
therefor has filed with the Clerk a bond in an amount as set from
time to time by the Village Board, 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 as a surety company. The Village
Board may waive the bond provided for herein.
No such permit shall be issued unless and until the applicant
therefor has deposited with the Clerk a cash deposit in the sum of
$250 if no pavement is involved, and $1,000 if the excavation is a
paved area, to insure the proper restoration of the ground and laying
of the pavement, if any. From this deposit shall be deducted the expense
of the Village of relaying the surface of the ground or pavement and
of making the refill if this is done by the Village or at its expense
and the balance shall be returned to the applicant without interest
after the tunnel or excavation is completely refilled and the surface
or pavement is restored. The Village Board may waive the deposit in
this section.
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. No injury shall be done to any pipes, cables or conduits
in the making of such excavations or tunnels; 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. No unnecessary damage or injury shall be done to any tree,
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. The temporary sidewalk is subject to inspection
by the Superintendent and shall not be open for use until approved
by him.
Any person, firm or corporation making any excavation or tunnel
in or under any public street, alley or other public place in the
Village shall restore the surface 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.
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 regulations
of the Village and under the supervision of the Superintendent.
[Amended at time of adoption of Code (see Ch. 1, Administration,
Art. I, General Code Provisions, Div. I)]
The Building and Equipment; Street, Water and Sewer Committee
shall, from time to time, inspect or cause to be inspected, all excavations
and tunnels being made in or under any public street, alley or other
place in the Village to see to the enforcement of the provisions of
this Code. Notice shall be given to him at least 10 hours before the
work of refilling any such tunnel or excavation commences.
It shall be unlawful to make any excavation in any portion of
a street or sidewalk in the Village which is paved with a concrete
or asphalt paving. Where necessary and where a proper permit has been
secured, tunnels may be driven or excavated under any such pavement,
provided that, upon completion of the work involved, the tunnel shall
be backfilled with compacted sand.
It shall be the duty of every person cutting or making an excavation
in or upon any public place to place and maintain barriers and warning
devices necessary for the safety of the general public.
(A)
Barriers, warning signs, and lights shall conform to the requirements
of all applicable provisions of this Code. Warning lights shall be
electrical markers or flashers used to indicate a hazard to traffic
from sunset of each day to sunrise of the next day.
(B)
Electrical markers or flashers shall emit light at sufficient intensity
and frequency to be visible at a reasonable distance for safety. Reflectors
or reflecting material may be used to supplement but not to replace
light sources.
(C)
The permittee shall take appropriate measures to assure that during
the performance of the excavation work, traffic conditions as nearly
normal as possible shall be maintained at all times so as to minimize
inconvenience to the occupants of the adjoining property and to the
general public. When traffic conditions permit, the Superintendent
may, by written approval, permit the closing of streets and alleys
to all traffic for a period of time prescribed by him if, in his opinion,
it is necessary. Such written approval may require that the permittee
give notification to various public agencies and to the general public.
In such cases, such written approval shall not be valid until such
notice is given.
(D)
Warning signs shall be placed far enough in advance of the construction
operation to alert traffic within a public street and cones or other
approved devices shall be placed to channel traffic in accordance
with the instructions of the Superintendent.
The excavation work shall be performed and conducted so as not
to interfere with access to fire hydrants, fire stations, fire escapes,
water gates, underground vaults, valve housing structures, and all
other vital equipment as designated by the Superintendent.
The permittee shall maintain safe crossings for two lanes of
vehicle traffic at all street intersections where possible and safe
crossing for pedestrians at intervals of not more than 300 feet. If
any excavation is made across any public street, alley or sidewalk
adequate crossing shall be maintained for vehicles and for pedestrians.
If the street is not wide enough to hold the excavated material without
using part of the adjacent sidewalk, a passageway at least 1/2 of
the sidewalk width shall be maintained along such sidewalk line.
The permittee shall not interfere with any existing facility
without the written consent of the Superintendent and the owner of
the facility. If it becomes necessary to relocate an existing facility,
this shall be done by its owner. The facility owned by the Village
shall be moved to accommodate the permittee unless the cost of such
work is borne by the permittee. The cost of moving privately owned
facilities shall be similarly borne by the permittee unless other
arrangements are made with the person owning the facility. The permittee
shall support and protect, by timbers or otherwise, all pipes, conduits,
poles, wires or other apparatus which may be in any way affected by
the excavation work, and do everything necessary to support, sustain
and protect them under, over, along or across said work. The permittee
shall secure approval of method of support and protection from the
owner of the facility. In case of any said pipes, conduits, poles,
wires or apparatus should be damaged, and, for this purpose, pipe
coating or other encasement or devices are to be considered as part
of a substructure, the permittee shall promptly notify the owner thereof.
All damaged facilities shall be repaired by the agency or person owning
them and the expense of such repairs shall be charged to the permittee.
It is the intent of this section that the permittee shall assume all
liability for damage to facilities and any resulting damage or injury
to anyone because of such facility damage and such assumption of liability
is a contractual obligation of the permittee. The only exception will
be such instances where damage is exclusively due to the negligence
of the owning utility. The Village shall not be made a party to any
action because of this section. The permittee shall inform itself
as to the existence and location of all underground facilities and
protect the same against damage.
Whenever the use of a substructure is abandoned, except the
abandonment of service lines designed to serve single properties,
the person owning, using, controlling, or having an interest therein
shall, within 30 days after such abandonment, file with the Superintendent
a statement in writing giving in detail the location of the substructure
so abandoned. If such abandoned substructure is in the way or subsequently
becomes in the way of an installation of the Village or any other
public body, which installation is pursuant to a governmental function,
the owner shall remove such abandoned substructure or pay the cost
of its removal during the course of excavation for construction of
the facility by the Village or any other public body.
The permittee shall, at all times, and at his or its own expense,
preserve and protect from injury, any adjoining property by providing
proper foundations and taking other measures suitable for the purpose.
Where, in the protection of such property, it is necessary to enter
upon private property for the purpose of taking appropriate protective
measures, the permittee shall obtain consent from the owner of such
private property for such purpose and if he cannot obtain such consent,
the Superintendent may authorize him to enter the private premises
solely for the purpose of making the property safe. At the permittee's
own expense, all buildings, walls, fences, or other property likely
to be damaged during the progress of the excavation work shall be
shored up and protected, and the permittee shall be responsible for
all damage to public or private property or highways resulting from
failure to properly protect and carry out the work. Whenever it may
be necessary for the permittee to trench through any lawn area, said
area shall be reseeded or the sod shall be carefully cut and rolled
and replaced after ditches have been backfilled as required in this
article. All construction and maintenance work shall be done in a
manner calculated to leave the lawn area clean of earth and debris
and in a condition as nearly as possible to that which existed before
such work began. The permittee shall not remove, even temporarily
any trees or shrubs which exist is parking street areas without first
obtaining the consent of the appropriate Village department or official
having supervision of such property.
All material excavated from trenches and piled adjacent to the
trench or in any street shall be piled and maintained in such a manner
as to eliminate danger to those working in the trench, pedestrians
or users of the streets, and so that as little inconvenience as possible
is caused to those using streets and adjoining property. Where the
confines of the area being excavated are too narrow to permit the
piling of excavated material beside the trench, such as might be the
case in a narrow alley, the Superintendent shall have the authority
to require that the permittee haul the excavated material to a storage
site and then rehaul it to the trench site at the time of backfilling.
It shall be the permittee's responsibility to secure the necessary
permission and make all necessary arrangements for all required storage
and disposal sites. All material excavated shall be laid compactly
along the side of the trench and kept trimmed so as to cause as little
inconvenience as reasonably possible to vehicular and pedestrian traffic,
or as specified by the Superintendent, whenever necessary, in order
to expedite the flow of traffic or to abate the dirt or dust nuisance;
toe boards or bins may be required by the Superintendent to prevent
the spreading of dirt into traffic lanes.
As the excavation work progresses, all streets shall be thoroughly
cleaned of all rubbish, excess earth, rock and other debris resulting
from such work. All cleanup operations at the location of such excavation
shall be accomplished at the expense of the permittee and shall be
completed to the satisfaction of the Superintendent. From time to
time as may be ordered by the Superintendent, and, in any event, immediately
after completion of the work, the permittee shall, at his or its own
expense, clean up and remove all refuse and unused materials of any
kind resulting from the work, and upon failure to do so within 24
hours after having been notified to do so by the Superintendent, said
work may be done by the Superintendent and the cost thereof charged
to the permittee and the permittee shall also be liable for the cost
thereof under the surety bond provided hereunder.
The permittee shall maintain all gutters free and unobstructed
for the full depth of the adjacent curb and for at least one foot
in width from the face of such curb at the gutter line. Whenever a
gutter crosses an intersecting street, an adequate waterway shall
be provided and at all times maintained. The permittee shall make
provisions to take care of all surplus water, muck, silt, slickings,
or other runoff pumped from excavations or resulting from sluicing
or other operations and shall be responsible for any damage resulting
from its failure to so provide.
(A)
Heavy duty pavement breakers may be prohibited by the Superintendent
when the use endangers existing substructures or other property.
(B)
Saw cutting of portland cement concrete may be required when the
nature of the work or the condition of the street warrants. When required,
the depth of the cut shall not be less than one inch in depth; however,
depths greater than one inch may be required by the Superintendent
when circumstances warrant. Saw cutting may be required by the Superintendent
outside the limits of the excavation over cave-outs, overbreaks and
small floating sections.
(C)
Approved cutting of bituminous pavement surface ahead of excavations
may be required by the Superintendent to confine pavement damage to
the limits of the trench.
(D)
Sections of sidewalks shall be removed to the nearest score line
or joint.
(E)
Unstable pavement shall be removed over cave-outs and overbreaks
and the subgrade shall be treated as the main trench.
(F)
Pavement edges shall be trimmed to a vertical face and neatly aligned
with the center line of the trench.
(G)
Cutouts outside of the trench lines must be normal or parallel to
the trench line.
(H)
Boring or other methods to prevent cutting of new pavement may be
required by the Superintendent.
(I)
The permittee shall not be required to repair pavement damage existing
prior to excavation unless his cut results in small floating sections
that may be unstable, in which case, the permittee shall remove and
pave the area.
No person shall, without written permission of the Superintendent,
install any substructure except manholes, vaults, valve casings, culverts,
and catch basins at a vertical distance less than:
(A)
Streets. Twenty-four inches below the established flow line of the
nearest gutter. If said flow line is not established, then the depth
shall be at a minimum of 24 inches below the surface of the nearest
outermost edge of the traveled portion of the street.
(B)
Parkway.
(1)
The minimum depth of any substructure shall be 16 inches below
established gutter grade when said substructure parallels the parkway.
(2)
The minimum depth of any substructure shall be 12 inches below
the top of the established sidewalk or curb when such substructure
is at right angles to the parkway.
(C)
Other Public Places. The minimum depth of any substructure in any
other public place shall be 12 inches below the surface.
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Nothing in this section shall impose a duty upon the permittee
to maintain said specifications as required herein upon subsequent
changes of grade in the surface, unless the grade in said substructure
interferes with the maintenance of or travel on a public street.
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Fine material, free from lumps and stone, selected from the
soil, shall be thoroughly compacted around and under the substructure
to the upper level of such substructure. Above the upper level of
the substructure, backfill material shall be placed to the subgrade
of the pavement in lifts consistent with the type of soil involved
and the degree of consolidation specified by the Village Board. Broken
pavement, large stones, roots and other debris shall not be used in
the backfill. The number and size of each lift shall be dependent
upon the type of soil involved. Such backfill shall be done in a manner
that will permit the restoration of the surface to a density condition
not less than that existing prior to excavation unless otherwise specified.
The Superintendent may require soil tests to be furnished by a recognized
soil testing laboratory or registered professional engineer specializing
in soil mechanics when, in his opinion, backfill for any excavation
is not being adequately compacted. In order for the resurfacing to
be permitted, such tests must show that the backfill material meets
the minimum requirements as prescribed by the Village Board. All expense
of such tests shall be borne by the permittee.
The maximum length of open trench permissible at any time shall
be in accordance with existing codes and regulations; however, at
night, no more than 50 feet may be open with proper barriers.
After an excavation is commenced, the permittee shall prosecute
with diligence and expedition all excavation work covered by the excavation
permit and shall promptly complete such work and restore the street
to its original condition, or as near as may be, so as not to obstruct
the public place or travel thereon more than is reasonably necessary.
When traffic conditions, the safety or convenience of the traveling
public or the public interest require that the excavation work be
performed as emergency work, the Superintendent shall have full power
to order, at the time the permit is granted, that a crew of men and
adequate facilities be employed by the permittee 24 hours a day to
the end that such excavation work may be completed as soon as possible.
Nothing in this article shall be construed to prevent the making
of such excavations as may be necessary for the preservation of life
or property or for the location of trouble in conduit or pipe, or
for making repairs, provided that the person making such excavation
shall apply to the Superintendent for such a permit on the first working
day after such work is commenced.
Each permittee shall conduct and carry out excavation work in
such a manner as to avoid unnecessary inconvenience and annoyance
to the general public and occupants of neighboring property. The permittee
shall take appropriate measures to reduce, to the fullest extent practicable
in the performance of the excavation work, noise, dust and unsightly
debris, and between the hours of 10:00 p.m. and 7:00 a.m. shall not
use, except in case of emergency as otherwise provided herein, any
tool, appliance or equipment producing noise of sufficient volume
to disturb the sleep or repose of occupants of the neighboring property.
Any monument set for the purpose of locating or preserving the
lines of any street or property subdivision or a precise survey reference
point or a permanent survey bench mark within the Village shall not
be removed or disturbed or caused to be removed or disturbed without
first obtaining permission in writing from the Village Board to do
so. Permission to remove or disturb such monuments, reference points
or bench marks shall only be granted upon condition that the person
applying for such permission shall pay all expenses incident to the
proper replacement of the monument by the Village.
The Superintendent shall make such inspections as are reasonably
necessary in the enforcement of this article. The Superintendent shall
have the authority to promulgate and cause to be enforced such rules
and regulations as may be reasonably necessary to enforce and carry
out the intent of this article.
Every public utility, after the enactment of this article, shall
maintain records showing the location of all of its underground facilities
except relatively minor facilities which connect a particular premise
or building to a facility serving more than one premise or building
and except oil or gas-gathering or field lines. Every public utility
shall maintain equipment which can locate such facilities in the field.
If any person violates any provision of this Code and any person
or property in consequence thereof is injured or damaged, the person
so guilty of such violation shall be liable to the Village in relation
thereto, and no prosecution or other proceeding by the Village of
such person for any penalty imposed for a violation shall constitute
a bar to such action by the Village for such damages.
