A. Tunneling Under Streets: Except in the event of an emergency, or as otherwise herein provided, it shall be unlawful for any person to make any excavation, open cut or open ditch in any paved street for the purpose of making any connections to, replacements or repairs to any sanitary or stormwater sewers or water mains or laterals of any nature or description. All such connections shall be made by tunneling under any such paved street. No such tunneling may be accomplished until a building permit therefor has been issued by the village. (Ord. 2008-01, 1-14-2008)
B. Application For Permit: Application for such permit shall be made to the building commissioner for issuance of such permit, and shall state thereon the location of the intended excavation, the purpose thereof, and the person, firm or corporation for whom the work is being done. (1988 Code § 5-3A-8)
C. Permit Fee: The fee for such permit for tunneling and other excavation shall be as set out in section 1-12-3 of this code, under the category "permit fees". (Ord. 89-15, 3-20-1989; amd. 2009 Code)
D. Bond: Each applicant for such a permit shall file a bond conditioned that the permittee will suitably guard or protect any tunneling or excavations or obstructions maintained or created by such permittee, and shall indemnify the village for any loss or damage resulting from injury to any person or property caused by such tunneling, excavation or obstruction. Any such request shall be accompanied by a good and sufficient surety or performance bond of a reputable insurance company authorized to transact business in the state of Illinois insuring the prompt completion of the work for which a permit is issued, in the amount of the cost of such work.
E. Compliance With Conditions Of Permit: All work accomplished shall be in strict accordance with the terms and conditions of the application and permit authorizing the work to be done. Sufficient barricades and lights shall be maintained to protect persons, vehicles and animals from injury by or because of the tunneling or excavations being made.
F. Restoration Of Public Ways: Promptly upon the completion of the work for which the tunneling or excavation was made, the permittee shall restore the said street, alley or public way to its original condition. All permits issued hereunder shall be further conditioned upon the permittee being responsible for further restoration required by his work for a period of one year from the date of completion of the work for which a permit is issued, and said obligation shall also be covered by bond furnished to the village.
G. Open Cut Excavations: Notwithstanding any provision contained herein to the contrary, the village administrator may, for good and sufficient cause, permit open cut excavation of a paved street. Such authorization shall be limited to those circumstances where the public interest would be served, or when the relative benefit to the permittee is substantial, and the detriment to the village is minimal. (1988 Code § 5-3A-8)