No person shall open up, tunnel under, alter
the grade of, dig or excavate in the roadbed, pavement or gutters
of any street of the Village for any purpose whatever except upon
compliance with the provisions herein.
Except as provided in §
108-10 hereof, not less than 24 hours prior to the proposed time for such digging or excavating, application shall be made to the Village Clerk for a permit therefor. Such application shall state:
A. The name of the applicant.
B. The precise place where the applicant desires to dig
or excavate, with the distance from the nearest street intersection
or from the property abutting the street at the point proposed for
excavation.
Each application for a permit shall further
be accompanied by a certificate of insurance, in a from determined
by the Village Counsel, approved by the Board of Trustees and issued
by an insurance company authorized to do business in this state, running
to the Village, guaranteeing that the applicant has provided public
liability coverage of not less than $100,000./$300,000 and property
damage insurance of $50,000/$100,000, to save the Village harmless
from all claims, actions and proceedings brought by any person for
injury to person or property resulting from or occasioned by any fault
or default of the person to whom the permit is issued or by anyone
acting thereunder on his behalf.
The fee for each permit hereunder will be as
established by resolution of the Board of Trustees from time to time.
Each person to whom a permit is issued hereunder
must at all times have it available at the place of the excavation
and, upon demand, show it to the representative of the Village.
Whenever the surface of a street is disturbed
or an opening is made therein or when, as a result of work done thereon,
there exists a depression below the surrounding grade or an elevation
higher than the grade because of excess backfill or for other reasons,
the person to whom the permit was issued or who has caused the hazard
shall provide adequate safeguards to the public by erecting a barrier
or fence, of distinctive type or color, marking the outside limits
of the affected area and bearing warning signs distinguishable by
day and adequate numbers of lighted lanterns or flares to give warning
of danger after dark.