It shall be unlawful for any person, firm or corporation to tunnel under or make an excavation in any street, alley or other public place in the Village without having obtained permission as is herein required, or without complying with the provisions of this article or in violation from the terms of any such permission granted.
Applications for such permission shall be made to the Village Clerk and shall describe the location of the intended excavation or tunnel, the size thereof, the purpose therefore, and the person, firm or corporation doing the actual excavating work, and the name of the person, firm or corporation for whom the work is being done, and shall contain an agreement that the applicant will comply with all ordinances and laws relating to the work to be done.
[Amended 11-26-2007]
No such permission shall be issued except as approved by the Village Administrator and Public Works Director.
No such permission shall be issued unless and until the applicant therefore has filed with the Clerk a bond of no less than the sum of $50,000 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 11-26-2007]
No such permission shall be issued unless and until the applicant therefore has deposited with the Clerk a cash deposit in the sum of at least $300, if no pavement is involved, and at least $1,000 if the excavation is in a paved area, to ensure 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 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 is restored.
Any person, firm or corporation 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 permission granted therefore. 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.
B.
No injury shall be done to any pipes, cables or conduits in the making of such excavations or tunnel; 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.
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.
Each application 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 put on 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 Corporate authorities or its assigned agents.
A.
Any person, firm or corporation 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 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.
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 ordinances and subject to the supervision of the Director of Public Works; and 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 Director of Public Works 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 article. Notice shall be given to the Director of Public Works at least 10 hours before the work of refilling any such excavation or tunnel commences.
The provisions of this article relative to securing permission shall not apply to officers or employees of the Village engaged in doing work for the Village; nor to persons or corporations doing work for the Village under contract; nor to persons or corporations which are operating under a franchise or grant from the Corporate authorities if such franchise provides for the making of excavations and tunnels without securing permission therefore.
Any person, firm or corporation violating any provision of this article shall be fined as designated in the fine rate schedule for each offense; and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues.