A. Permit And Compliance Required: It shall be unlawful for any person, firm or corporation to tunnel under or to make an excavation in any street, alley or other public place in the village without having obtained a permit as is herein required, or without complying with the provisions of this chapter, or in violation of or variance from the terms of any such permit. (1966 Code § 7.301)
B. Application For Permit:
1. Applications for such permits shall be made to the clerk, and shall describe the location of the intended excavation or tunnel, the size thereof, the purpose therefor, and the person, firm or corporation doing the actual excavating work, and the name of the person, firm or corporation for whom or which the work is being done, and shall contain an agreement that the applicant will comply with all ordinances and laws relating to the work to be done. (1966 Code § 7.302)
2. Each application for a permit shall state the length of time it is estimated will elapse from the commencement of the work until the restoration of the surface of the ground, or until the refill is made ready for the pavement to be put on by the village, if the village restores such surface pavement. It shall be unlawful to fail to comply with this time limitation unless permission for an extension of time is granted by the council. (1966 Code § 7.310)
C. Permit Fee: The fee for such permit shall be five dollars ($5.00) for each square foot, or lineal foot in the case of tunnels. (1966 Code § 7.304; amd. 2003 Code)
D. Bond: No such permit shall be issued unless and until the applicant therefor has filed with the clerk a bond in the sum of fifty thousand dollars ($50,000.00) conditioned to indemnify the village for any loss, liability or damage that may result or accrue from or because of the making, existence or manner of guarding or constructing any such tunnel or excavation. Such bond shall have as surety a corporation licensed to do business in the state of Illinois as a surety company. (1966 Code § 7.305)
E. Deposit: No such permit shall be issued unless and until the applicant therefor has deposited with the clerk a cash deposit in the sum of at least one hundred dollars ($100.00) if no pavement is involved, and at least ten thousand dollars ($10,000.00) if the excavation is in a paved area, to ensure the proper restoration of the ground and laying of the pavement, if any. From this deposit shall be deducted the expense to the village of relaying the surface of the ground or pavement and of making the refill if this is done by the village or at its expense, and the balance shall be returned to the applicant without interest after the tunnel or excavation is completely refilled and the surface or pavement is restored. (1966 Code § 7.306; amd. 2003 Code)
F. Issuance Of Permit: No such permit shall be issued except on order of the council. (1966 Code § 7.303)