It shall be unlawful for any person to dig up,
break, excavate, tunnel, undermine or in any manner break up any street
or make or cause to be made any excavation in or under any street
for any purpose or to place, deposit or leave upon any street any
earth or excavated material obstructing or tending to interfere with
the street unless such person shall first have obtained an excavation
permit therefor from the Village Clerk as herein provided. The application
for such permit shall be in such form as the Village Clerk shall require
and shall be accompanied by plans showing the extent of the proposed
excavation work, the dimensions and elevations of both the existing
ground prior to the excavation and the proposed excavated surface,
the location of the excavation work and such other information as
may be prescribed by the Village Clerk.
Each permittee under this article shall keep
posted in a conspicuous place at the site of the excavation a placard
to be furnished to him by the Village Clerk at the time the permit
is issued, setting forth the permit number and the period of time
for which it is valid.
Before an excavation permit is issued, the applicant
shall pay the required fees therefor and shall deposit with the Village
Clerk a surety bond in form and with a surety satisfactory to the
Village Clerk, in an amount equal to twice the cost of the work for
which the permit is to be issued. Such bond shall be conditioned upon
the permittee's compliance with all ordinances of the Village relative
to the work to which the permit applies and shall be further conditioned
upon the permittee's filling up, restoring and placing in good and
safe condition as near as may be to the original condition and to
the satisfaction of the Superintendent of Public Works all openings
and excavations made in streets and sidewalks, maintaining any street
and sidewalk where excavation is made in as good condition for a period
of 24 months after said work shall have been done, usual wear and
tear excepted, as before said work shall have been started, and discharging
all obligations to the Village arising out of the work for which the
permit is issued. Said bond shall recite that any settlement of the
surface within the two-year period shall be deemed conclusive evidence
of defective backfilling by the permittee, and the permittee shall
assent in writing to this provision. Nothing herein contained shall
be construed to require the permittee to maintain any repairs to pavement
made by the Village if such repairs should prove defective. An annual
bond or bonds may be given under this provision which shall remain
in force for one year, conditioned as above and in other respects
as specified above but applicable to all excavation work in streets
or sidewalks by the principal in such bond during the term of one
year from said date. Permits may be issued pursuant to this section
so long as the cost of the work to be done pursuant to all such permits
for uncompleted work permitted the permittee shall not exceed 1/2
the amount of the said annual bond or bonds. For the purposes of this
section, the cost of any work shall be the contract price therefor
or, if no contract exists, the cost as estimated by the Superintendent
of Public Works.
[Amended 9-2-1982 by L.L. No. 3-1982]
A.Â
Application for an excavation permit pursuant to this
article shall be accompanied by a cash deposit with the Village Clerk
at the time application for permit is made, for a concrete road opening
and for an asphalt, macadam or similar road opening, in an amount
as set from time to time by resolution of the Board of Trustees.
[Amended 12-2-1999 by L.L. No. 3-1999]
B.Â
All street openings shall be repaired by the Village,
and the cost thereof for repair of a concrete street surface and for
repair of an asphalt, macadam or similar street surface shall be charged
to the applicant in an amount as set from time to time by resolution
of the Board of Trustees.
[Amended 12-2-1999 by L.L. No. 3-1999]
C.Â
In making such repairs to street surfaces, the Village
shall square off the street openings so as to avoid irregular cuts,
and the repaired surface shall be so made that the entire repairs
shall overlap the firm, unexcavated portion of the street by at least
six inches around the entire perimeter of the excavation.
D.Â
The Village shall apply toward the cost of the repair
work, computed as aforesaid, the deposit on the permit. Any surplus
from said deposit, after deducting the cost of repair, remaining 24
months after completion of excavation and repaving shall be returned
to the permittee.
In the event that the deposit required by this
article shall not be sufficient to cover such work done by the Village
or on its behalf, the permittee shall be responsible for the excess
cost.
The permittee shall take appropriate measures
to assure that during the performance of the excavation work traffic
conditions as nearly normal as practicable shall be maintained at
all times, provided that the Commissioner of Police and Public Safety
may permit the closing of one or more streets to all traffic for a
period of time prescribed by him if, in his opinion, it is necessary.
The Village shall maintain roadway surfaces of existing highways designated
as detours without expense to the permittee, but in case there are
no existing highways, the permittee shall construct all detours at
its expense and in conformity with the specifications of the Commissioner
of Police and Public Safety and shall provide flagmen at its own expense
if flagmen are deemed necessary by the Commissioner of Police and
Public Safety.
The permittee will be responsible for any damage
caused to any highways by the operation of its equipment.
All excavation work shall be performed and conducted
so as not to interfere with access to fire stations and fire hydrants.
Materials or obstructions shall not be placed within 15 feet of fire
plugs. Passageways leading to fire escapes or fire-fighting equipment
shall be kept free of piles of material or other obstructions.
The permittee shall erect and maintain suitable
timber barriers to confine earth from trenches or other excavations
in order to encroach upon highways as little as possible. The permittee
shall construct and maintain adequate and safe crossings over excavations
and across highways under improvement to accommodate vehicular and
pedestrian traffic at all street intersections. Vehicular crossings
shall be constructed and maintained of such material as, in the opinion
of the Superintendent of Public Works, will accommodate vehicular
traffic safely. Pedestrian crossings shall consist of planking three
inches thick, 12 inches wide and of adequate length, together with
necessary blocking. The walk shall not be less than three feet in
width and shall be provided with such railings as may be required
by the Superintendent of Public Works.
The permittee shall not interfere with any existing
utility without the written consent of the Superintendent of Public
Works and the utility company or person owning the utility. If it
becomes necessary to remove an existing utility, this shall be done
by its owner. No utility owned by the Village shall be moved to accommodate
the permittee unless the cost of such work be borne by the permittee.
The cost of moving privately owned utilities shall be similarly borne
by the permittee unless it makes other arrangements with the person
owning the utility. The permittee shall support and protect by timbers
or otherwise all pipes, conduits, poles, wires or other apparatus
which may be in any way affected by the excavation work, and do everything
necessary to support, sustain and protect them under, over, along
or across said work. In case any of said pipes, conduits, poles, wires
or apparatus should be damaged, they shall be repaired by the agency
or person owning them and the expense of such repairs shall be charged
to the permittee, and his or its bond shall be liable therefor. The
permittee shall be responsible for any damage done to any public or
private property by reason of the breaking of any water pipes, sewer,
gas pipe, electric conduit or other utility and its bond shall be
liable therefor. The permittee shall inform itself as to the existence
and location of all underground utilities and protect the same against
damage.
The permittee shall at all times and at his
or its own expense preserve and protect from injury any adjoining
property by providing proper foundations and taking other measures
suitable for the purpose. Where in the protection of such property
it is necessary to enter upon private property for the purpose of
taking appropriate protective measures, the permittee shall obtain
permission from the owner of such private property for such purposes
and if he cannot obtain permission from such owner, the Superintendent
of Public Works may authorize him to enter the private premises solely
for the purpose of making the property safe. The permittee shall,
at its own expense, shore up and protect all buildings, walls, fences
or other property likely to be damaged during the progress of the
excavation work and shall be responsible for all damage to public
or private property or highways resulting from its failure properly
to protect and carry out said work. Whenever it may be necessary for
the permittee to trench through any lawn area, the sod shall be carefully
cut and rolled and replaced after ditches have been backfilled as
required in this chapter. All construction and maintenance work shall
be done in a manner calculated to leave the lawn area clean of earth
and debris and in a condition as nearly as possible to that which
existed before such work began. The permittee shall not remove even
temporarily any trees or shrubs which exist in parking strip areas
or easements across private property without first having notified
and obtained the consent of the property owner, or in case of public
property, the appropriate Village department or Village official having
control of such property.
Any excavation made in any sidewalk or under a sidewalk shall be provided with a substantial and adequate foot bridge over said excavation on the line of the sidewalk, which bridge shall be at least three feet wide, constructed as provided for pedestrian crossings in § 215-21 and securely railed on each side so that foot passengers can pass over safely at all times. The Superintendent of Public Works shall have power to require that side railings be strengthened if in his judgment this is necessary to the safety of foot passengers.
The permittee shall erect such fence, railing
or barriers about the site of the excavation work as shall prevent
danger to persons using the Village streets or sidewalks, and such
protective barriers shall be maintained until the work shall be completed
or the danger removed. At twilight there shall be placed upon such
place of excavation and upon any excavated materials or structures
or other obstructions to streets, suitable and sufficient lights which
shall be kept burning throughout the night during the maintenance
of such obstructions. The Superintendent of Public Works shall have
the power to require additional or strengthened fences, railings,
barriers or lights in such locations as he shall designate if in his
judgment this is necessary to the safety of the public.
It shall be unlawful for the permittee to suffer
or permit to remain unguarded at the place of excavation or opening
any machinery, equipment or other device having the characteristics
of an attractive nuisance likely to attract children and hazardous
to their safety or health.
All material excavated from trenches and piled
adjacent to the trench or in any street shall be piled and maintained
in such manner as not to endanger those working in the trench, pedestrians
or users of the streets, and so that as little inconvenience as possible
is caused to those using streets and adjoining property. Where the
confines of the area being excavated are too narrow to permit the
piling of excavated material beside the trench, the Superintendent
of Public Works shall have the authority to require that the permittee
haul the excavated material to a storage site and then rehaul it to
the trench site at the time of backfilling. It shall be the permittee's
responsibility to secure the necessary permission and make all necessary
arrangements for all required storage and disposal sites.
All damage done to existing improvements during
the progress of the excavation work shall be repaired by the permittee.
Materials for such repair shall conform with the requirements of any
applicable code or ordinance. If, upon being ordered, the permittee
fails within two days to furnish the necessary labor and materials
for such repairs, the Superintendent of Public Works shall have the
authority to cause said necessary labor and materials to be furnished
by the Village and the cost shall be charged against the permittee,
and the permittee shall also be liable on his or its bond therefor.
Property lines and limits of easements shall
be indicated on the plan of excavation submitted with the application
for the excavation permit, and it shall be the permittee's responsibility
to confine excavation work within these limits.
As the excavation work progresses, all streets,
sidewalks and private properties shall be thoroughly cleaned of all
rubbish, excess earth rock and other debris resulting from such work.
All cleanup operations at the location of such excavation shall be
accomplished at the expense of the permittee and shall be completed
to the satisfaction of the Superintendent of Public Works. From time
to time, as may be ordered by the Superintendent of Public Works,
and in any event immediately after completion of said work, the permittee
shall, at his or its own expense, clean up and remove all refuse and
unused materials of any kind resulting from said work, and upon failure
to do so within 24 hours after having been notified to do so by the
Superintendent of Public Works, said work may be done by the Village,
and the cost thereof charged to the permittee, and the permittee shall
also be liable for the cost thereof under the surety bond provided
hereunder.
The permittee shall provide for the flow of
all watercourses, sewers or drains intercepted during the excavation
work and shall replace the same in as good condition as it found them
or shall make such provisions for them as the Superintendent of Public
Works may direct. The permittee shall not obstruct the gutter of any
street, but shall use all proper measures to provide for the free
passage of surface water, muck, silt, slickings or other runoff pumped
from excavations or resulting from sluicing or other operations and
shall be responsible for any damage resulting from its failure to
so provide.
Whenever it is necessary to break through existing
pavement for excavation purposes and where trenches are to be four
feet or over in depth, the pavement in the base shall be removed to
at least six inches beyond the outer limits of the subgrade that is
to be disturbed in order to prevent settlement, and a six-inch shoulder
of undisturbed material shall be provided in each side of the excavated
trench. The face of the remaining pavement shall be approximately
vertical. A power-driven concrete saw shall be used so as to permit
complete breakage of concrete pavement or base without ragged edges.
Asphalt paving shall be scored or otherwise cut in a straight line.
No pile driver or similar device may be used in breaking up the pavement.
Tunnels under pavement shall not be permitted
except by permission of the Superintendent of Public Works, and if
permitted, shall be adequately supported by timbering and backfilling
as required by the Superintendent of Public Works.
Backfilling in any street opened or excavated
pursuant to an excavation permit issued hereunder shall be compacted
to a degree equivalent to that of the undisturbed ground in which
the trench was dug. Compacting shall be done by mechanical tappers
or vibrators, by rolling in layers, or by water settling, as required
by the soil in question and sound engineering practices generally
recognized in the construction industry. The decision as to whether
a trench shall be backfilled by water settling may be based upon such
engineering practices and shall be made by the Superintendent of Public
Works. When water is taken from a fire hydrant, the permittee shall
assign one man to operate the hydrant and shall make certain that
said man has been instructed by the appropriate water district in
the operation of the hydrant. The appropriate water district shall
likewise be notified at both the beginning and end of the job so that
the condition of the fire hydrants can be checked on both occasions.
Any damage done to the hydrant during the excavation shall be the
responsibility of the permittee. Water shall be paid for by the permittee
on the terms agreed upon with the appropriate water district.
When backfilling is done by water settling,
excavated materials above utility installations shall be deposited
uniformly in layers of not more than five feet in thickness and shall
be thoroughly flooded. During the flooding, the water shall be allowed
to flow slowly to the trench from high points, and shall be worked
down to the full depth of the layer of backfill with bars. All bars
used shall be long enough to extend entirely through the layer being
filled and shall be forced down through the loose backfill material.
As the bars are withdrawn, the water shall be allowed to flow downward
around the bar. The channel or hole formed by the bar shall be kept
open and the water kept running into it until the fill has settled.
All work shall be done in such manner as to obtain a relative compaction
through the entire depth of the backfill of not less than that existing
adjacent to the excavation.
Backfilling up to the first 18 inches above
the top of the utility pipes or similar installations shall be done
with thin layers. Each layer shall be tamped by manual or mechanical
means. Layers that are hand-tamped shall not exceed six inches in
thickness. The same requirements shall apply to the remainder of the
backfilling if tamping is the method used for backfilling. Backfilling
of all pipes of over 24 inches in diameter shall be carried up to
the spring line of the pipe in three-inch layers, with each layer
moistened and thoroughly tamped with suitable mechanical equipment.
The backfill around all pipes 24 inches or less in diameter shall
be flooded or tamped as specified above to a depth of 18 inches above
the top of the pipe before any additional backfilling is placed thereon.
Whenever any excavation for the laying of pipe
is made through rock, the pipe shall be laid six inches above the
rock bottom of the trench and the space under, around and six inches
above the pipe shall be backfilled with clean river sand, noncorrosive
soil or one-quarter-inch minus gravel. Broken pavement, large stones
and debris shall not be used in the backfill.
Backfilling shall be completed by placing the
backfill material well up over the top of the trench. For dry backfilling,
the material shall be compacted with a roller of an approved type
or with the rear of a truck carrying at least five tons until the
surface is unyielding. The surface shall then be graded as required
by the Superintendent of Public Works.
The permittee shall restore the surface of all
streets and sidewalks broken into or damaged as a result of the excavation
work to its original condition in accordance with the specifications
of the Superintendent of Public Works. The permittee may be required
to place a temporary surface over openings made in paved traffic lanes.
Except when the pavement is to be replaced before the opening of the
cut to traffic, the fill above the bottom of the paving slab shall
be made with suitable material well tamped into place, and this fill
shall be topped with a minimum of at least one inch of bituminous
mixture which is suitable to maintain the opening in good condition
until permanent restoration can be made. The crown of the temporary
restoration shall not exceed one inch above the adjoining pavement.
The permittee shall exercise special care in making such temporary
restoration in safe traveling condition until such time as permanent
restorations are made. The asphalt which is used shall be in accordance
with the specifications of the Superintendent of Public Works. If
in the judgment of the Superintendent of Public Works it is not expedient
to replace the pavement over any cut or excavation made in the street
upon completion of the work allowed under such permit by reason of
the looseness of the earth or weather conditions, he may direct the
permittee to lay a temporary pavement of wood or other suitable material
designated by him over such cut or excavation to remain until such
time as the repair of the original pavement may be properly made.
Permanent restoration of the street or sidewalk shall be made by the
permittee in strict accordance with the specifications prescribed
by the Superintendent of Public Works to restore the street to its
original and proper condition or as near as may be.
When all or part of a concrete or macadam slab
in a sidewalk is cut or broken in the course of work done pursuant
to a permit issued pursuant to this article, a full slab shall be
used to replace the one cut or broken.
Amy curb which is removed by the permittee shall
be reset or replaced. An additional deposit of $3.50 per linear foot
of curbing shall be made in any case where curbing is cut.
The permittee shall notify the Superintendent
of Public Works when any excavation or opening for which permit was
issued has been backfilled or temporarily paved.
Acceptance or approval of any excavation work
by the Superintendent of Public Works shall not prevent the Village
from asserting a claim against the permittee and his or its surety
under the surety bond required hereunder for incomplete or defective
work if discovered within 24 months from the completion of the excavation
work. The Superintendent of Public Works' presence during the performance
of any excavation work shall not relieve the permittee of its responsibilities
hereunder.
It shall be the duty of the permittee to maintain
the site of the excavation work in the same condition it was prior
to the excavation for two years after its restoration to its original
condition, whether said restoration is made by the Village or by the
permittee.
If the permittee shall have failed to restore the surface of any street or sidewalk to its original and proper condition upon the expiration of the time fixed by such permit or shall otherwise have failed to complete the excavation work covered by such permit, the Village shall have the right to do all work and things necessary to restore the street or sidewalk and to complete the excavation work. If the permittee shall have failed to maintain a street or sidewalk as required by § 215-44, the Village shall have the right to do all work and things necessary to maintain the street or sidewalk. The permittee shall be liable for the actual cost of all work and things done by the Village pursuant to this section, and for 25% of such cost in addition for general overhead and administrative expenses. The Village may apply in payment of the amounts due it any funds of the permittee deposited as provided in this article and may also enforce its right under the permittee's surety bond provided pursuant to this article. The Village may also maintain an action against the permittee for any amount due the Village over and above the amounts deposited and may also recover from the permittee the amount of all attorney's fees and other expenses incurred in collecting the amount due.
Except by special permission from the Superintendent
of Public Works, no trench shall be excavated more than 250 feet in
advance of pipe laying nor left unfilled for more than 500 feet where
pipe has been laid. The length of the trench that may be opened at
any one time shall not be greater than the seven-hundred-fifty-foot
length of pipe and the necessary accessories which are available at
the site ready to be put in place. Trenches shall be braced and sheathed
according to generally accepted safety standards for construction
work as prescribed by the Superintendent of Public Works. No timber
bracing, lagging, sheathing or other lumber shall be left in any trench.
The permittee shall prosecute with diligence
and expedition all excavation work covered by the excavation permit
and shall promptly complete such work and restore the street or sidewalk
to its original condition or as near as may be as soon as practicable
and in any event not later than the date specified in the excavation
permit therefor.
If in his judgment traffic conditions, the safety
or convenience of the traveling public or the public interest require
that the excavation work be performed as emergency work, the Superintendent
of Public Works shall have full power to order, at the time the permit
is granted, that a crew of men and adequate facilities be employed
by the permittee 24 hours a day to the end that such excavation work
may be completed as soon as possible.
In the event of any emergency in which a sewer,
main, conduit or utility in or under any street or sidewalk breaks,
bursts or otherwise is in such condition as to immediately endanger
the property, life, health or safety of any individual, the person
owning or controlling such sewer, main, conduit or utility, without
first applying for and obtaining an excavation permit hereunder, shall
immediately take proper emergency measures to cure or remedy the dangerous
conditions for the protection of property, life, health and safety
of individuals. However, such person owning or controlling such facility
shall apply for an excavation permit not later than the end of the
next succeeding day during which the Village Clerk's office is open
for business, and shall not proceed with permanent repairs without
first obtaining an excavation permit hereunder.
Each permittee shall conduct and carry out the
excavation work in such manner as to avoid unnecessary inconvenience
and annoyance to the general public and occupants of neighboring property.
The permittee shall take appropriate measures to reduce to the fullest
extent practicable in the performance of the excavation work, noise,
dust and unsightly debris and during the hours between 10:00 p.m.
and 7:00 a.m. shall not use, except with the express written permission
of the Superintendent of Public Works or in case of an emergency as
herein otherwise provided, any tool, appliance or equipment producing
noise of sufficient volume to disturb the sleep or repose of occupants
of the neighboring property.
Whenever the Board of Trustees enacts any ordinance
or resolution providing for the paving or repaving of any street or
sidewalk, the Village Clerk shall promptly mail a written notice thereof
to each person owning any sewer, main, conduit or other utility in
or under said street or sidewalk or any real property, whether improved
or unimproved, abutting said street. Such notice shall notify such
persons that no excavation permit shall be issued for openings, cuts
or excavations in said street or sidewalk for a period of five years
after the date of enactment of such ordinance or resolution. Such
notice shall also notify such persons that applications for excavation
permits, for work to be done prior to such paving or repaving, shall
be submitted promptly in order that the work covered by the excavation
permit may be completed not later than 45 days from the date of the
enactment of such ordinances or resolution. The Village Clerk shall
also promptly mail copies of such notice to the occupants of all houses,
buildings and other structures abutting said street or sidewalk for
their information and to state agencies and Village departments or
other persons that may desire to perform excavation work in said Village
street. Within said 45 days, every public utility company receiving
notice as prescribed herein shall perform such excavation work, subject
to the provisions of this article, as may be necessary to install
or repair sewers, mains, conduits or other utility installations.
In the event that any owner of real property abutting said street
or sidewalk shall fail within said 45 days to perform such excavation
work as may be required to install or repair utility service lines
or service connections to the property lines, any and all rights of
such owner or his successors in interest to make openings, cuts or
excavations in said street or sidewalk shall be forfeited for a period
of five years from the date of enactment of said ordinance or resolution.
During said five-year period, no excavation permit shall be issued
to open, cut or excavate in said street or sidewalk unless, in the
judgment of the Superintendent of Public Works or the Building Inspector,
an emergency exists which makes it absolutely essential that the excavation
permit be issued. Every Village official charged with responsibility
for any work that may necessitate any opening, cut or excavation in
said street or sidewalk is directed to take appropriate measures to
perform such excavation work within said forty-five-day period so
as to avoid the necessity for making any openings, cuts or excavations
in the new pavement in said Village street or sidewalk during said
five-year period.
The Superintendent of Public Works shall make
such inspections as are reasonably necessary in the enforcement of
this chapter. The Superintendent of Public Works shall have the authority
to promulgate and cause to be enforced such rules and regulations
as may be reasonably necessary to enforce and carry out the intent
of this chapter.
The provisions of this article shall not be
applicable to any excavation work under the direction of competent
Village authorities by employees of the Village or by any contractor
of the Village performing work for and in behalf of the Village necessitating
openings or excavations in streets or sidewalks.
All persons operating public utilities in the
Village under franchises granted by the Village or any political unit
having due authority to do so, and having the right either by general
or special permission to enter upon streets and open and excavate
pavements, sidewalks or disturb the surface thereof by excavation
or other work shall not be required to apply for a permit, but shall
be required to perform the work and bring it to completion as promptly
as practicable and to that end shall employ an adequate standing force.
Any person operating any such public utility shall, however, comply
with all other requirements of this article, including the surety
bond and deposit requirements.
