[HISTORY: Adopted by the Board of Trustees of the Village of Warrensburg as Title 7, Ch. 3, of the 1978 Code. Amendments noted where applicable.]
A. 
Permit required. It shall be unlawful for any person to tunnel under or to make any excavation in any street, alley or other public place in the Village without having obtained a permit therefor as is herein required, or without complying with the provisions of this chapter or in violation of or variance from the terms of any such permit.
B. 
Applications. Applications for such permits shall be made to the Administrative Clerk, and shall describe the location of the intended excavation or tunnel, the size thereof, the purpose therefor and the person doing the actual excavating work and the name of the person for whom the work is being done, and shall contain an agreement that the applicant will comply with all Village Code provisions relating to the work to be done.
C. 
Issuance. No such permit shall be issued except on order of the President and Board of Trustees.
D. 
Fees. The fees for such permits shall be such as may be prescribed from time to time by the President and Board of Trustees.
[Amended 6-7-2021 by Ord. No. 764]
No such permit shall be issued unless and until the applicant therefor has filed with the Administrative Clerk a bond in a sum 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 of Illinois as a surety company.
[Amended 6-7-2021 by Ord. No. 764]
No such permit shall be issued unless and until the applicant therefor has deposited with the Administrative Clerk a cash deposit in an amount set from time to time by the Village Board for excavations where no pavement is involved for excavations in 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 to the Village of relaying the surface of the ground, street surface 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.
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 placed 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 President and Board of Trustees.
Any person making or maintaining any excavation in any street or alley shall keep the same adequately guarded by barricades and lights to protect persons and property from injury.
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. The excavation shall not have any portion located below the surface extending beyond the opening at the surface.
B. 
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 and conduits or to the Village 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.
[Amended 4-19-1982 by Ord. No. 414]
A. 
Any person making any excavation or tunnel in or under any public street, alley or public place in the Village shall restore the surface thereof to its original condition if no pavement is involved. 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 provisions of this Village code and subject to the supervision of the Streets and Alleys Superintendent; or 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.
The Streets and Alleys Superintendent shall from time to time inspect all excavations and tunnels being made in or under any public street, alley or other public place in the Village to see to the enforcement of the provisions of this chapter. Notice shall be given to him at least 10 hours before the work of refilling any such excavation or tunnel commences.
The provisions of this Village code relative to securing permits shall not apply to officers or employees of the Village engaged in doing work for the Village; nor to persons who 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.