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A. Permit: No person shall change the grade or level; or injure or tear up any pavement of any right of way, street, sidewalk, crosswalk or curb, or any part thereof; dig any hole, trench, ditch, or drain; or dig or remove any sod, stone, earth, sand or gravel from any street or public ground in the Village without first obtaining an excavation permit from the Village Manager as hereinafter provided. In the event that an excavation to a sewer or water facility located in any public street, the Village Manager may, if practical, require the applicant to tunnel or auger instead of removing or injuring the pavement or other public improvements.
B. Fee And Bond: The fee for a permit required under this Section shall be set forth in Schedule S8 of this Code. A bond shall be filed in an amount sufficient to restore the area affected as determined by the Village Manager. The bond shall guarantee faithful and prompt restoration of the excavated area in accordance with the provisions of the ordinances of the Village and the maintenance thereof for a period of two (2) years. All public utilities operating under a franchise with the Village shall be exempt from the requirements of this subsection.
C. Protection Of Village: Any applicant using or excavating any portion of any street, sidewalk, or public right of way, pursuant to the issuance of an excavation or encroachment permit shall save and keep the Village free, clear and harmless from any loss or liability on account of any accident or damages resulting from such excavation or work, and shall enter into a hold harmless agreement with the Village to this effect at the time the permit is issued. The applicant shall fully remove all material, dirt and rubbish from the space so occupied, and restore such street to its original condition immediately upon the expiration of the period named in permit or completion of the work, whichever occurs first.
D. Repairing And Replacing Excavations: The person excavating in any street or public place, shall, if required by the Village Manager to do so, immediately upon completion of the work, and as fast as practicable during the accomplishment thereof, return the earth, ram and pack down the same as fast as practicable to a firm and solid bearing state and in a manner, if possible, that will entirely prevent any settling of such earth. Such work shall be done to the satisfaction of the Director of Public Works and under his direction. The Director may adopt proper rules and regulations for such relaying and replacing of such pavement caused by any street opening other than those openings specifically required to be relaid by others.
E. Protection And Lights For Excavations And Obstruction: It shall be the duty of any person engaged in digging into or working upon a street, sidewalk or public place, or who places building materials on any street, sidewalk or public place, where such work if left exposed would be dangerous to pedestrians or vehicles, to erect a fence, barricade or railing at such excavation or work in such manner as to prevent danger to persons or vehicles. It shall be the duty of such person to place suitable and sufficient lights upon such railing or fence at sunset in the evening and keep them burning through the night. No person shall interfere with or disturb any barricades or lights lawfully placed to protect any work or excavation or opening in any street, alley, or sidewalk.
F. Liability For Damages: Any person performing any of the work mentioned in this Section shall be liable for any damage which may be occasioned to persons or property by reason of carelessness connected with the work.
G. Enforcing Compliance: It shall be the duty of the village manager and designated officers of the village to see that the requirements in regard to the erection of fencing, placing of lights and other provisions of this section are complied with. Work shall not proceed until fencing is in place.
H. Village Excavations: Whenever a street or other public place is excavated by the village, the village shall erect and maintain the fencing and lights required by this section. (Ord. 90-03-03)