(A) Permit required. No person, firm or corporation shall make or cause to be made any excavation or opening in or under any street, alley, highway, sidewalk or other public ways within the village without first obtaining a permit therefor from the Village Board.
(B) Application for permit. The application for the permit provided for in the preceding division (A) shall state the purpose for which the permit is desired and the location of the proposed excavation, which shall contain an agreement that the applicant will pay all damages to persons or property, public or private, caused by the applicant, his or her agents, employees or servants in the doing or erection of the work for which the permit is granted. Any applicant may be required as a condition to the granting of a permit, in the discretion of the Village Board, to file an undertaking in such amount as the Village Board shall determine to leave the street, sidewalk or alley in as good condition as the same was in when the work commenced, to at all times keep the place where the excavation is made properly guarded by day and night and lighted by night, and to save the village harmless from any and all damages, costs and charges that may accrue from the applicant’s use of such street, sidewalk or alley by reason of such excavation.
(C) No further privileges granted. No permit for an excavation granted under the provisions of this section shall be deemed to convey or grant any privilege to occupy the space within or below any street or sidewalk, or any utility, vault, pipe, drain or any other thing whatsoever.
(D) Conditions. When excavations are made under the provisions of this section, the excavations shall not be left open longer than the necessities of the work demand. In refilling the excavation, fill and stone shall be thoroughly and properly tamped and the surface of the street, sidewalk or alley left in as good condition as the same was in before the excavation was made; provided, however, that whenever it is necessary to break into a sidewalk for the purpose of making any excavation authorized under this section, the entire square so broken into shall be removed and replaced, it being the intent of this subsection to prohibit the patching of a square in a sidewalk.
(E) Notice to Village Police Department. Before any excavation, opening or blockage in any street or sidewalk is made by any person, firm or corporation under the provisions of this section, 48 hours in advance notice shall be given by the person intending to make such excavation, opening or blockage to the Village Police Department.
(F) Village work excluded. The provisions of this section shall not apply to excavation work under direction of the Village Board by village employees or contractors performing work under contract with the village necessitating openings or excavations in village streets.
(Prior Code, § 14.01(5)) (Ord. passed 3-11-2009) Penalty, see § 10.99