A.
Application. No person shall open or cause to be opened
by cutting or digging the surface, pavement or soil in any street,
highway or public place under the jurisdiction of the village without
first obtaining the written permit of the Superintendent of Public
Works and complying with the provisions and conditions of this article.
B.
Fees, deposits, bonds and insurance policies. The
Board of Trustees shall, by resolution, establish a uniform set of
fees, deposits or payment bonds and the principal amount of public
liability insurance policies which shall be based upon the estimated
actual costs to the village to supervise the work, to restore the
street improvement to its original condition and the exposure of liability.
The Board of Trustees may, from time to time, change such requirements
to reflect changes in costs and expenses.[1]
Any person making or causing to be made any such excavation in the streets, highways or public places of the village shall properly guard or barricade such excavation at all times, and install and maintain adequate and sufficient warning devices to warn the public, and shall restore the street, highway or public property to its former usefulness according to § 136-8.
[Amended 3-20-2000 by L.L. No. 1-2000]
All excavated materials shall be removed by
the permittee, following which all openings shall be carefully backfilled
by the permittee for their entire length, width and depth in the street
or highway area, including the area between the curb and the property
line, with bank-run gravel or crushed stone, well tamped. Additional
bank-run gravel or crushed stone shall be added by the permittee as
long as any settlement occurs, following which the pavement, curbing
or other improvements shall be restored, at the permittee's expense,
by the village or by the permittee as required by the Superintendent
of Public Works.
A.
Bond in lieu of paying fees or deposits. Public service corporations may, in lieu of paying the fees or deposits established pursuant to § 136-6, file with the Village Clerk a bond to be approved as to form, amount and sufficiency of sureties by the Village Board, which bonds shall insure that if the public service corporation shall not timely complete the proper restoration of streets, highways and public places, in accordance with the directions of the Superintendent of Public Works and to his or her satisfaction, payment shall be made to the village, upon demand, of any costs and expenses incurred by the village to complete the restoration; and the saving of the Village of Minoa, its officers and employees harmless from any loss, injury or damage due to opening streets, highways or public places, or to any negligence or fault of those corporations, their employees or agents in connection with the work.
[Amended 3-20-2000 by L.L. No. 1-2000]
B.
Separate permits not required; amount of bond. All
persons engaged within the Village of Minoa in the telephone, gas
or electric business, or any other business, the nature of which would
require or result in frequent applications for permits to make obstructions
or excavations in the streets, highways or public places of the village
shall not, however, be required to obtain separate permits but, in
all such cases, a general bond shall be given in lieu of any permit
indemnifying the village from any and all loss, cost or damage resulting
or arising directly or indirectly at any time from any act done by
the public service corporation. The bond shall be in the amount as
determined by the Board of Trustees and shall be renewed annually,
or as long as such person continues to do business within the Village
of Minoa.
C.
Notification required.
(1)
Notwithstanding the foregoing, public service corporations
shall advise the Superintendent of Public Works, in writing, as soon
as feasible but no later than 30 days prior to making any obstructions
or excavations of its intention to do so, except in case of emergency,
in which event notification shall be made as soon as possible prior
to or after the emergency.
(2)
The Superintendent of Public Works shall have the
power and authority to direct any public service corporation to coordinate
its work with the village, its independent contractors or other persons
authorized to make excavations or work in streets, highways or public
places.
D.
Backfilling requirements. Excavations made by a public service corporation must be backfilled by it with bank-run gravel or crushed stone, in accordance with the provisions of § 136-8 of this article. The pavement, curbing and other improvements must be restored by and at the expense of the corporation.
A.
Applications. Applications for making an excavation
in or upon any public street, highway or other public place within
the village will be accepted only if they are made by:
(1)
A public service corporation having on file with the Village Clerk a bond as required in § 136-9.
(2)
Any other person whose application shall be accompanied by a public liability bond in the amount as determined by the Board of Trustees, approved as to form and sufficiency of sureties by the Village Attorney, to be given by the person by or in whose behalf such consent or permission is requested, indemnifying the village against all loss, cost, damage or expense sustained or recovered on account of any negligence, omission or act of the applicant, and a performance bond or cash deposit as required by § 136-6.
B.
The Board of Trustees may, in its discretion, accept
an insurance binder evidencing the existence of insurance in an amount
determined by it revocable only on 30 days' notice to the village
in lieu of the above public liability bond.
All work done pursuant to this article shall
be done and performed subject to the supervision and approval of the
Superintendent of Public Works.
