A. Permit Required: It is unlawful for any person or private contractor to perform any work, including, without limitation, any excavation or tunneling, in, on, under, or above any city right of way, including, without limitation, any city street, alley, or sidewalk, without first obtaining a permit for such work.
B. Exceptions To Permit Requirement: Contractors performing work for the city of Des Plaines department of public works and engineering and, subject to the requirements of title 9, chapter 5 of this code, public utility companies are not required to obtain a permit pursuant to this section to perform work in, on, under, or above city rights of way.
C. Application For Permit; Qualifications: Applications for such a permit shall be made to the building official, and shall state the location of the intended work, the size and purpose of such work, the person who will perform the work, the name of the person for whom the work is to be performed, and any other information required by the building official.
D. Permit Fee: No permit shall be issued pursuant to this section without the payment to the city of a fee in an amount determined in accordance with title 10, chapter 13 of this code.
E. Compliance With Conditions And Regulations: The director of public works and engineering is authorized to promulgate standards, rules, and regulations for any work performed in, on, under, or above any city right of way to implement the provisions of this code and to provide for the public safety. All work performed in, on, under, or above city rights of way must comply with the terms and conditions of the application and permit authorizing the work and with all standards, rules, or regulations promulgated by the director of public works and engineering. Any person who performs, or causes to be performed, such work shall be responsible for bearing all costs of complying with those terms, conditions, standards, rules or regulations.
F. Restoration; Security:
1. Any person who receives a permit pursuant to this section shall, not more than ten (10) days after disturbing, damaging, or destroying any part of any city right of way or any other city property as a result of performing work on, in, under, or over a city right of way, restore and repair those parts of the city rights of way and other city property to a condition at least as good as that existing prior to the work performed pursuant to the permit, as determined by, and to the satisfaction of, the director of public works and engineering. This restoration and repair work shall be performed using materials and methods approved in advance and in writing by the director of public works and engineering. The time period provided in this section for the completion of restoration and repair work may be extended by the director of public works and engineering for good cause shown.
2. No permit shall be issued pursuant to this section until the applicant establishes a security fund with the city in an amount reasonably estimated by the director of public works and engineering to be the cost of: a) completing all work necessary to restore and repair all parts of any city right of way and any other city property as required by this section, and b) all expenses that may reasonably be incurred by the city if the permittee fails to perform the restoration and repair work required by this section. The security fund may be in the form of cash, a surety bond in a form acceptable to the city, or an unconditional letter of credit in a form acceptable to the city. The city may withdraw from the security fund amounts necessary to reimburse the city for expenses incurred by the city as a result of the permittee's failure to complete any restoration and repair work required by this section to the satisfaction of the director of public works and engineering. Prior to withdrawing any amount from the security fund, the city shall give the permittee fourteen (14) days' advance written notice stating the city's intention to exercise its withdrawal rights and the reason therefor. Upon acceptance by the city of the work authorized by the permit and of the restoration and repair work required by this section, the permittee shall be entitled to the return of the security fund, or the portion thereof that remains on deposit after any withdrawals by the city, within a reasonable time after an account is taken to determine all offsets necessary to compensate the city for any failure by the permittee to complete the restoration and repair work as required by this section. If the permittee's permit is revoked, the security fund shall become the property of the city to the extent necessary to compensate the city for all reasonable costs, loss, or damage that may be incurred by the city as a result of the permit revocation; provided, however, that any amounts in excess of those costs shall be refunded to the permittee.
G. Excavations To Be Barricaded: Whoever shall dig or cause to be dug any excavation in or adjoining any public right of way shall erect a barricade and shall illuminate the excavation area in accordance with all applicable regulations, standards, and guidelines promulgated or published by the Illinois department of transportation.
H. Penalty: Any person violating any provision of this chapter, in addition to any other penalty provided for in this code, shall be fined as provided in the general penalty section of this code for each offense. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues. (Ord. M-14-14, 5-19-2014)