(A) Permits. It shall be unlawful for any person to make any opening or excavation in or to tunnel under any public street, parkway, alley, avenue or other public place in the village without having first obtained a permit, or without complying with the provisions of this section, or in violation of or variance from the terms of any such permit.
(B) Applications. Applications for such permits as required by the preceding section shall be made to the Village Clerk and shall state thereon the location of the intended opening, excavation or tunnel, the length of any opening, excavation or tunnel, the purpose of the opening, excavation or tunnel, the person or corporation doing the actual work and the name of the person for whom the work is being done, and shall contain an agreement that the applicant will comply with all ordinances and laws relating to the work to be done.
(C) Issuance. All such permits as required in division (A) above shall be issued by the Village Clerk upon the approval of the Building Committee of the Board of Trustees.
(D) Fees. The fees for the permits issued pursuant to this section shall be payable to the Village Clerk upon their issuance and shall be the following:
(1) Five dollars for each public street opening, excavation or tunnel which does not exceed 15 lineal feet, plus $2.50 for each additional 100 lineal feet or fraction thereof; or
(2) Two dollars and fifty cents for each parkway, excavation, opening or tunnel which does not exceed 15 lineal feet, plus $2.50 for each additional 100 lineal feet, or fraction thereof; provided however, that if an applicant obtains and pays for a permit for a street opening, excavation or tunnel and the same project requires an opening in a parkway, the applicant is only required to pay the fee provided in division (D)(1) above.
(E) Bond of applicants.
(1) No such permit issued pursuant to this section shall be issued unless and until the applicant therefor has filed with the Village Clerk a bond in the sum of $25,000 conditioned to indemnify the village for any loss, liability or damage that may result or accrue from or because of the making, existence or manner of guarding or constructing any such opening, excavation or tunnel.
(2) The bond may be cash or shall have as surety a corporation licensed to do business in the state as a surety company.
(F) Restoration upon completion of work.
(1) Promptly after the completion of the work done under the permit issued pursuant to this section, the person making the opening, excavation or tunnel shall restore and replace in proper shape and condition any pavement displaced by reason of the work, and shall restore and replace the surface of any public way which may be opened or otherwise disturbed. All of this work shall be done in such manner as shall be satisfactory to the Building Committee of the Board of Trustees, and as will leave the public way in a condition equally as useable as before it was opened or disturbed under such authority.
(2) The Building Committee of the Board of Trustees may, at its discretion, require such person to do additional work to restore the surface in a manner satisfactory to the Building Committee of the Board of Trustees. Upon ascertaining that the work has been properly completed, the Building Committee of the Board of Trustees shall certify such fact to the Village Clerk, who shall cause any bond furnished pursuant to the preceding section to be released.
(G) Enforcement of section. The Building Committee of the Board of Trustees shall, from time to time, inspect all openings, excavations and tunnels being made in or under any public street, sidewalk, parkway, alley, avenue or other public place in the village to see to the enforcement of the provisions of this section.
(H) Exemption. Public utility companies operating within the village on a franchise basis are exempted from the provisions of divisions (D) and (E) above.
(Ord. 1960-0923, passed 9-23-1960) Penalty, see § 92.99