[Derived from Section 35 of the General Code
of Ordinances]
It shall be unlawful for any person to excavate
into or remove any pavement, sidewalk, crosswalk, curb or gutter or
any part thereof, or to dig any hole or ditch in any street or sidewalk,
without a permit issued by the Village Clerk, which permit shall be
granted only upon application, as required by the Village Clerk.
No permit shall be issued by the Village Clerk
unless and until:
A.
The applicant files with the Village Clerk a policy
of liability insurance insuring the village, the applicant and the
party doing the work against liability for damage allegedly arising
out of, in connection with or because of the issuance of said permit
or the work done under said permit, for personal injuries, including
death, in the sum of $100,000 for one person and $300,000 for one
accident, and for property damage in the amount of $50,000;
B.
The applicant files with the Village Clerk either
an indemnity bond in an amount equal to the estimated cost of restoring
the pavement at the site of the proposed excavation or a cash deposit
in said amount. The amount of said bond or cash deposit shall be based
on the estimate of the General Foreman of Streets or the Village Engineer.
The refilling, relaying, resurfacing, repaving
and repairing at the site of the excavation shall be done promptly
and properly by the applicant after the need for the excavation has
ended. A temporary patch of asphaltic concrete shall be placed over
the excavation as soon as refilled. After a period of not less than
30 days nor more than 90 days, the temporary patch shall be removed
and replaced with material identical to the material in the original
pavement or as directed by the General Foreman of Streets. Patches
shall be of dimensions directed by the General Foreman of Streets,
but no less than two feet more than the width of the excavation. In
the event that the refilling of the excavation, the resurfacing or
repaving is not done promptly and properly by the applicant, the Village
Clerk shall give notice to the applicant orally or by mail that if
said refilling, resurfacing or repaving is not completed within 48
hours, then said work will be done by the village or its agents or
contractor at the sole cost and expense of the applicant. Notice mailed
to the applicant at the address given by him in his application for
the permit shall be deemed sufficient.
[Amended 4-10-1978 by L.L. No. 5-1978]
A.
The fee for a permit to open or excavate any street,
sidewalk, crosswalk, curb or gutter shall be in an amount as adopted
by resolution of the Board of Trustees.
B.
Where such opening is made on a state or county highway
or private street over which the village has no jurisdiction, a fee
in an amount adopted by resolution of the Board of Trustees shall
be paid to the village to cover inspection.
Such application or permit shall state the location,
nature, purpose and extent of the excavation or opening, the kind
or kinds of pavement to be disturbed, the time when said excavation
or opening will be started and the approximate period of time during
which the street or sidewalk will remain open.
All refilling, repaving and resurfacing work
done by such permit holders shall be approved by the General Foreman
of Streets. Upon completion of the work contemplated by said permit
to the satisfaction of the General Foreman of Streets, said deposit
shall be returned, excepting the fee to cover the issuance of permit
and the supervision of the work and to cover the cost of the portion
of the work performed by or on behalf of the village, as above indicated.
No fee shall be required from any utility company
with which the village has a contract that provides that no fee shall
be charge to reach its pipes.
