(A) The work to be done under the permit, and the restoration of the rights-of-way as required herein, must be completed within the dates specified in the permit. In addition to its own work, the permittee must restore the general area of the work, and the surrounding areas, including trench backfill, paving and its foundations in accordance with the standards established by the Public Works Superintendent, subject to any applicable laws. The permittee must also inspect the area of the work and use reasonable care to maintain the same condition for 12 months thereafter.
(B) In approving an application for a permit, the village may choose either to have the permittee restore the rights-of-way or the village may restore the rights-of-way itself at the expense of the permittee.
(C) If the village chooses to allow permittee to restore the rights-of-way, construction permittee shall at the time of application of a construction permit post a construction bond in an amount determined by the village to be sufficient to cover the cost of restoring the rights-of-way to a condition at least as good as its condition immediately prior to construction. If, 12 months after completion of the restoration of the rights-of-way, the village determines that the rights-of-way have been properly restored, the surety on the construction bond shall be released.
(D) The permittee shall perform the work according to the standards and with the materials specified and approved by the village.
(E) By restoring the rights-of-way itself, the permittee guarantees its work and shall maintain it for 12 months following its completion. During this 12 month period, it shall, upon notification from the Department of Public Works, correct all restoration work to the extent necessary using the method required by the Department of Public Works. Weather permitting, said work shall be completed within five calendar days of the receipt of the notice from the Department of Public Works.
(F) If the permittee fails to restore the rights- of-way in the manner and to the condition required by the village, or fails to satisfactorily and timely complete all repairs required by the village, the village, at its option, with notice to the provider and a reasonable time to cure, may do such work. In that event, the permittee shall pay to the village, within 30 days of billing, the cost of restoring the rights-of-way and any other costs incurred by the village. Upon failure to pay, the village may call upon any bond or letter of credit posted by permittee and/or pursue any and all legal and equitable remedies.
(Ord. 03-02, passed 2-25-02; Am. Ord. 06-18, passed 9-24-18)