(a) Permits for Making Excavations. No person, partnership, utility or corporation shall open up or break into the streets, lanes, easements, alleys, public ways or public grounds of the Village for the purpose of connecting with the water or gas lines, or with the sewers, drains or ditches, or for any other purpose whatever, until such person, partnership, utility or corporation shall have first obtained permission in writing to do so from the Village Administrator or from another individual designated by Council.
(b) Bond. Before any person, partnership, utility or corporation is authorized and before such written permit as above provided for is granted to open up or break into the streets, lanes, easements, alleys, public ways or public grounds of the Village, there shall be first deposited with the Clerk-Treasurer of the Village, by the person, partnership, utility or corporation applying for such permit, a bond with good and sufficient surety to the approval of the Village Solicitor in the sum of one thousand dollars ($1,000) conditioned to secure and hold harmless the Village against any and all damages arising from the opening or excavation so made in streets, public ways, easements or public grounds of the Village and further conditioned to fill up, repave and place in good condition, to the satisfaction of the Village Administrator or from another individual designated by Council, all openings and excavations so made in the streets, easements, alleys, public ways and public grounds of the Village. An annual bond may be given under this provision on May 1 of each year, conditioned as above as to all openings and excavations made in the streets, easements, alleys, lanes, public ways and public grounds by the principal in any such bond during the term of one year from the date.
(c) Exceptions as to Giving Bond. No public utility shall be required to post bond so long as a permit is obtained as outlined in subsection (a) hereof. Upon notice to any utility company that a permit has not been obtained as required, the bonding provision shall become fully activated upon conviction under Section 901.99
and shall not be released until a notice of suspension of bonding requirement is given by the Village.
(d) Permit Required. No person, partnership, utility or corporation shall break into, open up or disturb the pavement or any paved streets, lanes, easements, alleys or public ways or public grounds of the Village until such person, partnership, utility or corporation so desiring to open up or break into the pavement in the streets, easements, alleys, lanes or public ways or public grounds of the Village shall have first obtained the necessary permits. No person shall open or disturb a greater area of the pavement or the ground than that authorized by the permit.
(e) Disposition of Money Deposited. The sum or sums of money so collected and deposited under the requirements of this chapter shall be paid into the Village treasury by the Clerk-Treasurer.
(f) Excavations Prior to Paving.
(1) Whenever any public utility, person, partnership or corporation shall make or cause to be made, any excavation in any of the paved or unpaved streets, lanes, easements, alleys or public ways or public grounds of the Village and for which legislation at the time of making the excavation is pending to improve the same by paving for the purpose of laying down their pipes or wires or for any other purpose, they shall and are hereby required, without delay, to fill the excavation caused by removing the earth in making the ditches with acceptable backfill material as directed by the Village Administrator or by the designated person appointed by Council, and replace all other materials which they have removed or may remove or disturb, in making such excavations, so that the streets, lanes, easements, alleys or public ways or public grounds shall be put in as good and as permanent condition and repair as the same was before the excavation was made or materials removed. In no case shall the company, person, partnership, or corporation have more than 250 feet of ditch open on any one street at any one time, but shall before breaking ground on more than 250 feet as aforesaid, fully reinstate and repair all such other portions of the street, which they have disturbed; and in the case of such company, person, partnership, or corporation shall refuse or neglect to do so, it is hereby made the responsibility and duty of the Village Administrator or the person designated by Council to cause such ditches to be filled and the street, either paved or unpaved, repaired and collect the expense and cost of the same from the utility company, person, partnership or corporation by civil action in any court having jurisdiction.
(2) No excavation or opening made in the paved or unpaved streets, alleys, lanes, easements or public ways or public grounds of the Village shall remain open for a longer time than is absolutely necessary to do the work prescribed in the permit granted for such excavating and the utility, corporation, partnership or person making such excavation or opening shall refill the same without delay, with such materials as the Village Administrator or the person designated by Council shall direct and to the satisfaction of the Village Administrator or the person designated by Council and shall completely fill such opening or excavation and replace the pavement or ground and shall put all such openings and excavations in a condition safe for public travel upon such streets, lanes, easements, alleys, public ways or public grounds.
(g) Permit to be Exhibited on Demand. Any person, partnership, utility or corporation and the agent of any such person, partnership, corporation or utility who is engaged in disturbing the pavement or ground or breaking into or excavating in the streets, lanes, easements, alleys, public ways or public grounds of the Village shall on demand, exhibit to any officer of the Village or designated employee of the Village or any police officer of the Village, the written permit above provided for, and the neglect or refusal of any such person, partnership, utility or corporation or the agent of any such person, partnership, utility or corporation to so exhibit such written permit on demand being so made therefor, shall subject such person, partnership, utility or corporation and such agent thereof to the penalties hereinafter provided for.
(h) Notice Before Opening.
(1) Before any person, partnership, utility or corporation is authorized to open up or break into any ground, such as streets, lanes, easements, alleys, public ways or public grounds of the Village, they or their agent must notify the Village Administrator or the designated representative of Council of their intention to commence such work at least twenty-four hours prior to the commencement of such work. No person, partnership, utility or corporation is authorized to commence work until permission is given by either the Village Administrator or the designated representative of Council.
(2) All excavations by persons, partnerships, utilities or corporations or their agents, shall be adequately guarded with barricades and lights and comply fully with all applicable requirements of the County and State to protect the public from the hazard. Streets, sidewalks, parkways, easements, lanes, alleys and other public property disturbed in the course of the work shall be restored in accordance to the condition that they were in prior to the excavation. All re- filling of the excavation in the public right of way made for such work shall be under the observation of a designated representative of the Village. (Ord. 2-86. Passed 1-2-86.)