A. Permit Required: It shall be unlawful for any person to tunnel under or to make any excavation in any street, alley or other public place in the Village without having obtained a permit therefor as is herein required or without complying with the provisions of this Article or in violation of or variance from the terms of any such permits.
B. Application for Permit; Issuance: Applications for such permits shall be made to the Director of Engineering and Community Development and shall describe the location of the intended excavation or tunnel, the size thereof, the purpose therefor, the person doing the actual excavating work and the name of the person for whom or which the work is being done and shall contain an agreement that the applicant will comply with all ordinances relating to the work to be done.
No such permit shall be issued except on order of the Director of Engineering and Community Development.
C. Fees: The fees for such permits shall be such as may be prescribed from time to time by the Board of Trustees.
D. Bond and Deposit:
1. Bond: No such permit shall be issued unless and until the applicant therefor has filed with the Clerk a bond in the sum of fifty thousand dollars ($50,000.00) 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 tunnel or excavation. Such bond shall have as surety a corporation licensed to do business in the State of Illinois as a surety company.
2. Deposit: No such permit, except as provided herein, shall be issued unless and until the applicant therefor has deposited with the Clerk a cash deposit in the sum of two hundred dollars ($200.00), if no pavement is involved, and five hundred dollars if the excavation is in a paved area to insure the proper restoration of the ground and laying of the pavement, if any. In the event any contractor shall have several jobs in process and shall have cash deposits of one thousand dollars ($1,000.00), he shall not be required to make additional deposits for any additional jobs, and a special escrow arrangement shall be made making available all deposits for all jobs in process. From this deposit shall be deducted the expense to the Village of relaying the surface of the ground or pavement and of making the refill if this is done by the Village or at its expense, and the balance shall be returned to the applicant without interest after the tunnel or excavation is completely refilled and the surface or pavement is restored.
Companies acting as the Village's agent and public utilities franchised by the Village shall not be required to make the cash deposits called for herein.
(1961 Code §§11.301, 11.304, 11.305; amd. Ord. 230, 5-14-1962; Ord. 527, 4-9-1968; 1992 Code)