No person, firm or corporation shall utilize the lands within
the bounds of any public street or road for private use, change or
alter the grade of any public street or road or of any sidewalk upon
or in a Village street or road, or in any manner alter or change the
line or height of any curb in any Village street or road, or open,
disturb, break, mar, injure, remove or deface, or cause to be disturbed,
broken, marred, injured, removed or defaced, the surface of any Village
street or road, or make any excavation under the surface thereof for
any purpose, or place or erect any utility or pole for any purpose
in or upon any Village street or road, or alter or change the location
of any existing utility or pole in any Village street or road, or
introduce, erect or construct a driveway, apron, drainage, landscaping,
fence, wall, berm, lighting or signage without first having obtained
the written permission of the Building Inspector in the form of a
road opening permit.
A. Application for a road opening permit from the Building Inspector
under this chapter shall be made upon a form to be provided by the
Building Department.
B. The application for a road opening permit shall state and include,
among other information, the following:
(1) The street or road whereon the use, change, opening or alteration
of the street or road, curb or sidewalk is to be made;
(2) The exact location on said street or road where the use, change,
opening or alteration of the street or road, curb or sidewalk is to
be made; the width, length and depth of such use, change, opening
or alteration of the street or road, curb or sidewalk;
(3) The exact purpose for which the use, change, opening or alteration
of the street or road, curb or sidewalk is sought;
(4) The quantity or number of the changes, openings or alterations of
the street or road, curb or sidewalk requested;
(5) Plans and specifications of the changes, openings or alterations
of the street or road, curb or sidewalk requested.
C. The application for a road opening permit shall also contain an affirmative
representation that the applicant shall not cause any unreasonable
or unnecessary obstruction or impediment of vehicular and pedestrian
traffic, shall assume full responsibility to take every care and precaution
to protect persons and property from injury or damage and shall, at
his sole cost and expense, promptly restore said change, opening or
alteration of the street or road, curb or sidewalk with the same type
of materials and workmanship existing when said street was first opened
by him, for all of which later the applicant shall remain liable and
responsible to the Village for a period of one year from the date
when he/she shall have first restored and completed the change, opening
or alteration of the street or road, curb or sidewalk.
D. The fee for the issuance of said for a road opening permit shall
be a sum established by the Board of Trustees as amended by resolution
from time to time and set forth on a fee schedule on file at the Village
Clerk's office. All fees shall be nonrefundable.
E. Whenever the interest or the protection or the welfare of the Village
or its property requires it, the Building Inspector, as a condition
precedent to the issuance of the road opening permit and the commencement
of work, may require an applicant to file with his/her application
sufficient indemnity or a proper completion and performance bond.
Said indemnity or bond shall be for a reasonable amount and may cover
one or more than one of the acts specified in this Chapter and said
indemnity or bond may cover any period of time necessary to include
the accomplishment of one or more of the aforesaid acts, all as shall
be determined by the Building Inspector. The approval of the Building
Inspector as to amount, form, manner of execution and sufficiency
of surety or sureties shall be entered on said bond before it shall
be filed in the Village Clerk's office and said bond shall be
so filed before said consent shall be effective.
F. In the event that the applicant does not properly restore a street
or road, as required herein, after 10 days' written notice requiring
him to do so, the Village reserves the right to restore or have restored
any street or road or to redo or have redone any improperly or unskillfully
restored the street or road in place and stead of the applicant and
to charge the applicant for all work, materials, supplies and equipment
used to do the same.
G. Except for aboveground utility poles where allowed, no applicant
shall place or bury in any street or road any object, equipment or
thing whatsoever which shall constitute a peril to person or property
or which shall rise above the surface of any street bed for any length.
H. In consideration for the issuance of a road opening permit, each
applicant shall agree to hold the Village harmless and to indemnify
it for any sum or sums of money charged against it or paid by it or
adjudged against it by any court or authority for any act or condition
directly or indirectly caused by the applicant and arising from the
applicant's opening of any street or the closing or restoration
thereof.
I. It shall be the applicant's obligation to give the Village Building
Inspector timely notice of the date and time in connection therewith
when the street or road will be closed and restored. No action or
lack of action taken nor any statement or representation made by the
Building Inspector shall in any way relieve or release the applicant
of his liability and responsibility otherwise imposed against him
herein.