Village roads which have been recently repaved or newly constructed
often are opened by parties other than the Village, shortening the
useful life of such roads, damaging the integrity of such roads, and
creating additional expense on the part of the Village. Existing provisions
of law are insufficient or inadequate to prevent this problem. It
is hereby found to be in the best interest of the Village and its
residents enact the regulations contained in this article to prohibit
issuance of road opening permits on roads which have been newly constructed
or which recently have been re-paved, subject to certain exceptions
as stated in this article.
No permit for excavation or disturbance of a newly constructed
or reconstructed street shall be issued for a period of five years
from the completion date of construction or reconstruction of such
street without the permission of the Board of Trustees.
Unless otherwise determined by the Superintendent of Public
Works for good cause shown, any person or entity causing or performing
excavation or disturbance of a street or highway shall, upon completion
of work, restore the same as reasonably required by the Superintendent
of Public Works, from curb to curb, for a horizontal distance of at
least four feet in each direction from any portion of the disturbed
or excavated area.
In case the applicant shall fail to restore such street to the
satisfaction of the Superintendent of Public Works, after notice and
demand, or fails to comply with the requirements of this article,
the Village may cause such work to be performed by or on behalf of
the Village for the account of the applicant, and the applicant shall
be liable to the Village for the cost thereof. The Village may charge
such cost against the money deposited as required by this article,
returning the excess, if any, to the person depositing the same. In
the event any such work is performed by or on behalf of the Village,
the cost of such work shall include the reasonable value of the labor,
materials, supervision, engineering and overhead, and reasonable attorneys'
fees, actually incurred for such work.
In the event that any pipe, main, conduit or other utility installation
in or under any street or highway shall burst, break or otherwise
be in such condition as to seriously endanger persons or property,
the owner of such sewer, main, conduit or other installation shall
immediately contact the Village describing the location of the break,
extent of repairs and any emergency measures required to reroute traffic.
Upon approval by the Superintendent of Public Works such owner shall
immediately remedy such trouble and shall immediately take all such
necessary steps to make said location safe and secure. Such owner
shall not, however, begin making any permanent repairs to such street,
alley or sidewalk until such owner shall have secured a permit as
provided above. Such permit shall be applied for within 48 hours after
such break or serious trouble shall have developed, and the necessary
permanent repairs to the street or highway shall be made as directed
by the Superintendent of Public Works and shall be completed as soon
as practicable after receipt of the permit.
No work shall be commenced under any permit granted pursuant
to this article unless or until such notice as shall be directed by
the Superintendent of Public Works shall have been given to public
service corporations having lines, mains or other property in the
streets for the protection of their property.
The permit holder shall hold the Village, its officers, agents,
employees and volunteers harmless, and indemnify each of them, from
and against any and all expenses, claims, judgments or other costs
arising from the excavation and other work covered by the excavation
permit or for which the Village or any of its officers, agents, employees
or volunteers may be made liable by reason of any accident or injury
to person or property through the fault of the permit holder or any
person or entity acting under authority of the permit holder, either
in not properly guarding the excavation or for any other injury resulting
from the negligence of the permittee, and further conditioned to fill
up, restore and place in good and safe condition, as nearly as it
can be to its original condition and to the satisfaction of the Superintendent
of Public Works, all openings and excavations made in the streets
and to maintain any street where an excavation is made in a condition
as good as before said work shall have been done, for the period of
12 months after said work shall have been done, usual wear and tear
excepted. Any settling of the surface within said one-year period
shall be deemed conclusive evidence of defective backfilling by the
permittee.