No person shall open or cause to be opened, by cutting or excavating, the surface or soil of any street, highway, sidewalk area or public ground for any purpose whatsoever without first obtaining therefor from the Director a written permit for such opening, except, however, that the construction, removal, replacement or repair of a sidewalk, curb or driveway shall be done under a permit for the sidewalk, curb or driveway, as set forth in Article III of this Part 2, in lieu of a permit for such street opening. No person shall make or cause to be made any connection into a sanitary sewer, stormwater drain or water main in an easement or right-of-way across private property, such sanitary sewer, stormwater drain or water main forming a part of the sewer, drainage or water distribution system, respectively, of the Village, without first obtaining from the Director a written permit for the street opening.
Any person desiring a permit required by § 229-25 shall make application therefor to the Director for each opening upon forms provided for that purpose. The application shall contain the names and addresses of the applicant and of the owner of the property in front of which or for whom the work shall be performed; the location of such property; the section, plate, block and lot designation thereof; the size and purpose of the opening to be made and the maximum size of such opening; the date or dates when the work shall be performed; and the type of pavement or surface to be disturbed, together with such necessary sketches and additional information as the Director may require and a signed statement by the applicant that the applicant agrees to perform the work for which the permit is granted strictly in accordance with the conditions of the permit, the provisions of the Charter and Code of the Village and the applicable rules and regulations of the Department of Public Works.
No permit required by § 229-25 shall be issued by the Director until the applicant therefor shall have first placed on file with the Director, without cost to the Village, satisfactory evidence of public liability insurance in the amount of not less than $200,000 for any one person and not less than $300,000 for any one accident and property damage insurance in the amount of not less than $25,000 for any one accident and $50,000 in the aggregate, and satisfactory evidence that the insurance has been approved as to form, correctness and adequacy by the Corporation Counsel, to insure the Village against any loss, injury or damage arising out of the granting of the permit or from any negligence or fault of such applicant, his agents, servants or employees, in connection with the opening or with any work related thereto. Such insurance must remain in force throughout the effective period of the permit, as well as any authorized extensions thereof and shall carry an endorsement to the effect that the insurance company will give at least 10 days' written notice to the Village of any modification or cancellation of any such insurance.
No permit required by § 229-25 shall be issued by the Director until the applicant therefor shall have first paid to the Treasurer in cash, or by check payable to the Village:
A.
A deposit to be determined as provided hereunder;
and
B.
A fee set from time to time by resolution of the Village
Board of Trustees. Such fee shall cover the cost of issuing and recording
the permit and the supervision and inspection of the work done in
connection therewith.
[Amended 8-3-1999 by L.L.
No. 2-1999]
A.
The amount of deposit for the permit required by § 229-25 shall be computed in accordance with the unit prices for pavements or other areas to be disturbed or work to be done, as determined by the Director.
B.
When excavating machinery or other equipment is to be used on work related to the street opening or when such work is to be performed in streets located in or contiguous to any VC, PC, NC-1, NC-2 and GB Districts, as defined in Chapter 270, Zoning, the Director, in his discretion, may increase the amount of the deposit to be required over and above the amounts hereinabove specified to an amount which in the opinion of the Director would be sufficient to reimburse the Village for any damage to the street or for any expense incurred by the Village in maintaining and protecting traffic in the manner set forth in § 229-40.
[Amended 8-3-1999 by L.L.
No. 2-1999; 10-6-2009 by L.L. No. 6-2009]
C.
When the permittee exceeds the maximum authorized
size of the opening or work specified in his permit, the permittee
shall, when so ordered and before proceeding with the work, pay to
the Treasurer such additional amounts of deposit as the Director may
require. Failure on the part of the permittee to comply promptly with
such order will be considered sufficient cause for revocation of the
permit.
A.
The amount of the deposit for the permit required by § 229-25 shall be retained by the Village for the duration of the period of maintenance as defined in this section.
B.
Upon failure or default by the permittee of any of
the terms, agreements, covenants and conditions of the permit on the
permittee's part to be done or performed, such deposit may be used
by the Village for any expense incurred by the Village by reason of
such failure or default on the part of the permittee.
C.
After expenses for such failure or default, as determined
and certified by the Director, have been paid and deducted from the
amount of the deposit, any balance left after such deductions shall
be refunded to the permittee.
D.
The period of maintenance, for the purposes of this
section, shall be considered as a period of six months after the date
of final completion, as determined by the Director, of the work to
be done pursuant to the terms of the permit, except however that,
in the event that the termination of the six-month period shall fall
within the months of December, January, February, March or April,
then, and in that event, the period of maintenance shall be considered
as extending until the first day of May thereafter.
The permittee shall be responsible for the entire work under the permit required by § 229-25 and shall keep every portion of the work in perfect order and repair during the entire period of maintenance.
The permit required by § 229-25 shall be valid for an effective period, not to exceed 30 consecutive calendar days, to be determined and specified therein by the Director. Such effective period may be extended, if so requested, in writing, by the permittee prior to the expiration thereof, for such additional period as the Director, at the latter's discretion, may authorize.
Unless otherwise agreed upon between a public service corporation and the Village, a public service corporation may, in lieu of the deposit required by § 229-28, file and keep on file with the Director of Operations a bond in the amount of $5,000, the bond to be approved as to form, amount and sufficiency of surety by the Corporation Counsel, and the bond shall be retained as security for the faithful performance by the applicant of all the terms, agreements, covenants and conditions of the permit required by § 229-25 on the applicant's part to be done or performed.
A public service corporation may, in lieu of the insurance required by § 229-27, file and keep on file with the Director of Operations an agreement, approved as to form by the Corporation Counsel, to indemnify and save harmless the Village from claims, suits, actions, proceedings, losses, injuries, damages and costs of every name and description arising out of or resulting from any act or omission on the part of such public service corporation under any permit required by § 229-25 granted to it, or from any negligence or fault of such public service corporation, its contractors, agents, servants or employees in connection with sidewalk, curb or driveway work or repairs or street openings or any work related thereto and to also defend on behalf of the Village any such suits, actions or proceedings which may be instituted against the Village.
The Director may, at his discretion, assign a representative to inspect, on behalf of the Village, the work to be done under the provisions of any permit required by § 229-25 granted to a public service corporation, without any fee in addition to the fees provided in § 229-28 where a bond is filed in lieu of a deposit.
A public service corporation shall be billed
by the Village for any expenses incurred by the Village by reason
of any failure or default on the part of such corporation, as determined
and certified by the Director, and any such bill shall be paid within
30 days after the same shall have been billed by the Village.
In case of emergency due to breakage of pipes, etc., openings may be made by a public service corporation prior to obtaining a permit required by § 229-25; provided, however, that the public service corporation shall have filed the required bond and evidence of insurance or indemnity agreement as specified in this division; and provided, further, that the public service corporation shall make application for the necessary permit not later than 24 hours (Saturdays, Sundays and holidays not included) after such opening has been commenced.
A.
Notice to owners. It shall be the duty of the person by whom or for whose benefit any street opening is to be made, for any purpose whatsoever in the Village, to give written notice thereof to any company whose pipes, conduits or other structures are laid in the street in which any work is to be done by the permittee under the provisions of an opening permit required by § 229-25, not less than 24 hours before commencing such opening or work.
B.
Restoration, maintenance. Any person doing the work as described in Subsection A above shall, at his own expense, carefully support, maintain in operation and protect from injury such pipes, conduits or other structures and, in case of injury, shall restore the same, at his own expense, to as good as condition as they were before the beginning of such opening or work.
C.
Recovery of costs. In case of failure of a permittee to comply with the provisions of Subsection B, then such restoration may be done by the company to whom the pipes, conduits or other structures belong, and the costs thereof and all damage sustained by the company thereby shall be paid by the permittee to the company and who may, if the permittee is in default thereof, maintain an action against such permittee.
A.
Barricades, fences. The permittee shall erect and maintain suitable barricades and fences around all of his work under a permit required by § 229-25 while the excavation or other work is in progress and shall arrange his work in such a manner as to cause a minimum of inconvenience and delay to vehicular and pedestrian traffic. The Director may require that the work be so arranged as to make possible the complete removal of obstructions to traffic on Saturdays, Sundays and holidays. In the event that such requirement is not complied with by the permittee, the Director may, in the latter's discretion, cause all or part of the work covered by the permit to be backfilled and temporarily resurfaced by the Village's own forces or by contract or otherwise, in which case the Village shall be reimbursed for any expense incurred thereby in accordance with the provisions of § 229-10, and the permittee shall have no claim against the Village for loss of anticipated profits or for any other losses by reason thereof.
B.
Flags, signs and watchmen. Warning flags or signs and suitably lighted red lights shall be provided, and watchmen shall be provided for work being performed under a permit required by § 229-25 if so ordered by the Director and in accordance with the latter's directions.
C.
Direction of traffic. Where the free flow of traffic
is interfered with, the permittee shall designate competent persons
to direct and expedite traffic by means of lights or flags.
