901.04 DEPOSIT OR PERFORMANCE BOND REQUIRED.
   (a)   No person, including a corporation, private or public utility, or any other entity, shall open, undermine or remove any pavement or surface in any public street, alley, way, right-of- way, easement or other ground owned or under the control of the Village until such person has first obtained a permit from the Public Service Director or his/her designee. The person seeking such permit shall make application therefore on a form and in such manner as prescribed by the Public Service Director. This application shall set forth and include the location, kinds and extent of the pavement or surface desired to be taken up and the number, purpose and size of openings or excavations which are desired or necessary. At the time of application, applicant shall pay a fifty dollar ($50.00) non-refundable application fee.
   (b)   Prior to being issued a street opening permit, the applicant shall submit either of the following to the Village:
      (1)   A cash deposit in the form of a certified check or certified check, made payable to the Village of Greenfield. The amount of this deposit will be made according to the following schedule:
 
All T-35 or asphaltic concrete paved streets
$2,000.00
All sealed streets and alleys
$1,000.00
All unsealed alleys, etc.
$750.00
 
All of the above deposits shall cover one opening of not more than ten feet in length and two feet in width. For each additional opening, an additional deposit is required. For increments larger than those listed above, the following amounts shall be added:
 
All T-35 or asphaltic concrete paved streets
$30.00 sq. ft.
All sealed streets and alleys
$20.00 sq. ft.
All unsealed alleys, etc.
$10.00 sq. ft.
 
      (2)   A performance bond in the amount of the total estimated cost of work as determined by the Public Service Director. The bond shall guarantee the satisfactory restoration of the pavement or surface and the cleanup of all excess material.
   (c)   In the event the scope of the project is revised during the course of the work, the Public Service Director or his/her designee may recalculate the deposit of performance bond on the actual size of the work being performed.
   
   (d)   After the deposit or bond required by this section has been paid, the Public Service Director shall issue the permit applied for. The permit shall state that when the opening or excavation is to be made, the probable length of time required for the work to be done and the repair made, the current character of the pavement, including its base, and the character of the work necessary for the satisfactory relaying of the pavement.
   (e)   All openings, undermining or removal of any pavement or surface shall be restored by permittee. All work done outside the paved area shall require re-seeding, hydro-seeding or sod replacement.
      (1)   If the Public Service Director determines the permittee has failed to make acceptable restorations and/or remove all excess material, the Director may by written notice, order the permittee to make the necessary restorations or clean up. The permittee shall have ten (10) calendar days from receipt of written notice to comply with the Director’s notice.
      (2)   If the Director determines the permittee has failed to make restorations and/or remove all excess materials after ten (10) calendar days from the permittee’s receipt of notice, the Director may draw, from the permittee’s deposit or performance bond, all funds necessary to make the restorations and/or remove all excess material. The Village shall use the funds to complete the project. If additional funds remain after the restoration is complete or cleaned up, the remaining funds shall be remitted to the permit holder. If the amount of the services performed by the Village exceeds the amount of the deposit or performance bond, the City Manager or his/her designee shall proceed to collect the remainder due from the permit holder in any manner allowed by law.
      (3)   If the Director determines the permittee has reasonably restored the pavement or surface area, cleaned up excess material, and restored the non-pavement area, the Director shall release the performance bond or return the deposit.
   (f)   Contractors working for, or under contract with, the Village of Greenfield shall be exempt from the requirements set forth above.
(Ord. 04-16. Passed 2-17-16.)