(A) Generally. All work under a permit shall be under supervision of the Superintendent of Public Works and in conformity with the following requirements.
(B) Requirements.
(1) All work shall be started within 48 hours after the receipt of the permit and shall be pursued diligently and continuously until the same is completed. When in consequence of the weather or any process of the law, or any other unexpected obstacle, the work shall be stopped for so long a time that public travel shall be unreasonably obstructed, the excavating or opening shall be refilled and repaved as if the work contemplated in a permit were actually completed.
(2) In no case shall a person open or remove a greater area of surface and at no other location than that specified in the original or supplementary application; provided, however, that at the time of actually doing the work, if it shall be necessary to open or remove a greater area of surface than originally applied for, the applicant shall first notify and procure the written consent of the Superintendent of Public Works to do so upon the express condition that he or she shall and will before noon of the following business day file a supplementary application for the additional excavation.
(3) All work shall be performed in such a way as to cause a minimum of inconvenience and restriction to both pedestrian and vehicular traffic. No dirt or other materials shall be placed on sidewalks. Not more than 1/2 of the width of the street shall be opened at 1 time; the other 1/2 shall remain untouched for the accommodation of traffic until the first 1/2 is restored for safe use. All work shall be prosecuted so as not to interfere with any access to fire houses, fire hydrants, and United States mailboxes. The permittees must remove within 24 hours all snow and ice that may fall or form upon the street within 5 feet upon either side of the opening and keep the area free from snow and ice until the opening is properly refilled.
(4) The person to whom a permit is granted shall give notice in writing thereof to any public utility or municipality whose pipes, poles, mains, or conduits are laid in the street about to be disturbed by the excavation, at least 24 hours before commencing the same, and at his or her expense sustain, secure, and protect the pipes, poles, mains, or conduits from injury and replace and pack the earth wherever the same shall have been removed, loosened, or disturbed, under or around them, so that they shall be well and substantially supported. If any person shall fail to sustain, secure, or protect the pipes, poles, mains, or conduits from injury or to replace and pack the earth under or around them, as the provisions of this section require, then the same may be done by the corporation to whom the same may belong and the cost thereof and all damages sustained by the corporation thereby, shall be paid by the person, and in default thereof, the corporation may maintain an action against him or her therefor.
(5) Paving materials and earth or gravel removed must be kept separate and the materials capable of being reused shall be preserved. The width of the excavation or opening shall be no greater than is necessary for doing the work. Sheeting and bracing shall be used when the excavation or opening is 5 feet or more in depth. At the discretion of the Superintendent of Public Works, sheeting and bracing may be cut off 1 foot below the surface pavement and left in place when the opening is refilled. The street, alley, sidewalk, or other public place must be opened in a manner which will cause the least inconvenience to the public and admit of the uninterrupted passage of water along the gutter. Excavations shall be made by open cut method. No tunneling shall be done except as authorized by the Superintendent of Public Works and then only under the conditions as he or she may impose. No excavation shall be undercut or have a greater width at the bottom than at the top. In case of slips or slides of the sides of the excavation the same shall be trimmed to solid earth and the top surface cut back to the limit of the same before any backfilling is commenced.
(6) All openings shall be refilled and temporarily resurfaced by the person to whom the permit is issued on or before the time fixed in the permit, and written notice shall be given to the Superintendent of Public Works when the work is completed. The temporary resurfacing shall be maintained by the person to whom the permit is issued until the village or person designated shall permanently resurface the opening. Refilling shall be done in thin layers not exceeding 6 inches in height, firmly rammed until the excavation is filled to a proper line for placing the paving thereon. All refilling shall be done with sand, gravel, or, if approved by the Superintendent of Public Works, other materials of equivalent compaction qualities. Puddling or water tamping shall be done only by permission of the Superintendent of Public Works. Whenever rock is excavated not more than 1/3 of the total excavation shall be refilled with the broken stone, which must be in pieces not exceeding 6 inches in their largest dimensions, and mingled with clean earth and sand, and restored in the manner as to insure the thorough and compact filling of all spaces. All void space in a tunnel excavation shall be backfilled with thoroughly rammed concrete as specified by the Superintendent of Public Works.
(7) In all unimproved streets the surface of the refilled excavation or opening shall be finished in a workmanlike manner and shall in every respect be equal in quality, character, and materials to the street surface existing previous to making the excavation. In all improved streets, the crown of the surface must conform to the adjacent street surface until sufficient time has elapsed to warrant the restoration permanently of the paved surface. All the restoration of paved surfaces shall be made in accordance with village specifications and may be done by the village under contract or by its own forces and the cost thereof charged to the person to whom the permit is issued.
(8) In the replacement or restoration of the permanent pavement, the village shall have the right and authority to require removal of the old concrete for an area extending at least 1 foot in all directions beyond the edge of the original cut, and replace it with new reinforced concrete, not less than 6 inches thick, but, equal in thickness to that of the adjacent pavement, made in accordance with the current village specifications for a permanent foundation. The new wearing surface shall extend at least 6 inches beyond the joint in the foundation of the pavement and be laid with the same care and in the same manner as the original pavement.
(9) If any part of a slab of sidewalk is cracked or damaged in any way, the entire slab shall be replaced.
(1984 Code, § 4.12) Penalty, see § 10.99