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(a) Conditions Precedent to Improving Streets. No Village department shall accept, lay out, open, improve, grade, pave, curb or light any street or other way unless the street or way meets either of the following conditions:
(1) It has been accepted or opened or otherwise has received the legal status of a public street or way prior to the effective date of this section (Ordinance 1294, passed April 27, 1987).
(2) Such street or way corresponds in location and extent with a street or way drawn on a recorded plat which has been legally accepted by Council.
(b) Permit Required. No person other than the Street Commissioner, Village Engineer, or the authorized employees or agents of either, shall make an opening in any street, alley, sidewalk or public way of the Village without first having obtained a permit therefor from the Village.
(c) Applications and Cash Deposits. The permit required in division (b) hereof shall be confined to a single project and shall be issued by the Clerk-Treasurer. Applications shall be made on a form prescribed by Council, giving the exact location of the proposed opening, the kind of paving, the area and depth to be excavated and such other facts as may be provided for. The cost of the permit shall be ten dollars ($10.00), but the permit shall be issued only after a cash deposit sufficient to cover the cost of restoration has been posted with the Clerk-Treasurer, conditioned upon prompt and satisfactory refilling of excavations and restoration of all surfaces disturbed. The amount of the cash deposit or performance bond shall be the amount listed on the street opening permit.
(d) Restoration of Pavement. The opening and restoration of a pavement or other surface shall be performed under the direction and to the satisfaction of the Street Commissioner, and in accordance with rules, regulations and specifications approved by the Mayor and Council. No permittee under division (b) hereof shall fail to notify the Street Commissioner of any street opening before the closing of the same, so that the Commissioner may make an inspection. The backfilling and restoration of the surface shall be made in accordance with one of the illustrations on the street opening permit. Restoration shall be performed within thirty days from the granting of the permit. An additional fifteen days may be granted, upon notification, due to inclement weather.
Upon the failure or refusal of the permittee satisfactorily to fill the excavation, restore the surface and remove all excess materials within the time specified in the permit or, where not specified therein, within a reasonable time after commencement of the work, the Village may proceed without notice to make such fill and restoration and the deposit provided for in division (c) hereof shall be deemed forfeited. Thereupon such deposit shall be paid into the street repair fund of the Village, except such part demanded by and paid to the permittee as the difference between the deposit and the charges of the Village for restoration services performed by it. If the cost of such services performed by the Village exceeds the amount of such deposit, the Clerk-Treasurer shall proceed to collect the remainder due from such permittee.
(e) Barriers. No person engaged in or employing others in excavating or opening any street, sidewalk, alley or other public way shall fail to have such excavation or opening fully barricaded at all times to prevent injury to persons or animals.
(f) Notification of Street Commissioner. The Board of Trustees of Public Affairs shall notify the Street Commissioner of any opening or closing of Village streets or ways, but need not apply for a permit.
(g) Each Opening or Closing a Separate Violation. Each opening or closing made in violation of any of the provisions of this section shall constitute a separate offense.
(Ord. 1294. Passed 4-27-87.)