(A) Permit; compliance with regulations. It shall be unlawful for any person to make any excavation in any street, alley, parkway or other public place in the Village or to tunnel under any street, alley or parkway or other public place in the Village without first having obtained a permit as is herein required, or without complying with the provisions of this chapter or in violation of or at variance from the terms of any such permit.
(B) Application for permit.
(1) Applications for permits to excavate or tunnel in or under streets, alleys, parkways or other public places in the Village shall be made to the Building Director and shall contain thereon the location of the intended excavation or tunnel, the size thereof, the purpose thereof, and the person doing the actual excavation work, and the name of the person for whom or for which the work is being done.
(2) Such application shall also contain an agreement signed by the person doing the work to be bound by and comply with the provisions of this chapter.
(C) Issuance. No permit to excavate or tunnel in or under the streets, alleys, parkways and other public places of the Village shall be issued unless issuance of the permit has been approved by both the Building Director and the Director of Public Works.
(D) Exemptions, Village work. The provisions of this section relative to securing permits shall not apply to officers or employees of the Village engaged in doing work for the Village, nor to persons or corporations doing work for the Village under contract.
(E) Bond, insurance, hold harmless. The applicant for such permit shall file with the Building Director the following:
(1) A bond in the sum of $5,000 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 as a surety company;
(2) A certificate of insurance evidencing that the applicant is covered by a general liability insurance policy, which names the Village as an additional insured and insures the Village against any loss, liability or damage that may result or accrue from or because of the making, existence or manner of guarding or constructing any tunnel or excavation;
(3) An agreement signed by the applicant which states that the applicant agrees to hold the Village harmless from any liability which the Village might incur as a result or because of the making, existence or manner of guarding or constructing any tunnel or excavation;
(4) An agreement signed by the applicant which provides that the applicant agrees to replace from pole to pole any electric cables used in the Village’s street lighting system which may be damaged by the applicant and that the applicant agrees to replace any water mains or other Village property which may be damaged by the applicant in a manner satisfactory to the Village.
(F) Fee. No permit to excavate or tunnel in or under the streets, alleys, parkways or other public places in the Village shall be issued unless and until the applicant therefor has paid to the Village a nonrefundable fee in the sum of $250.
(G) Manner of excavating.
(1) In making any excavation or tunnel proper bracing shall be maintained to prevent the collapse of adjoining ground, and in excavations the excavation shall not have anywhere below the surface, any portion which extends beyond the opening at the surface.
(2) No injury shall be done to any pipes, cables or conduits in the making of such excavations or tunnels, and notice shall be given to the persons maintaining any such pipes, cables or conduits or to the Village department or officer charged with the care thereof, which are or may be endangered or affected by the making of any such excavation or tunnel before such pipes, cables or conduits shall be disturbed. In the event that pipes, cables or conduits are damaged, the permittee shall repair or replace the damaged pipe, cable or conduit to the satisfaction of the persons who own or maintain the pipe, cable or conduit. In the event that cables for the Village's street lighting system are damaged, the permittee must replace the damaged cable pole to pole. Proper care shall be taken to avoid injury to the roots of any tree or shrub wherever possible.
(H) Obstructing street. Not more than one-half the width of any street shall be made unavailable for travel in connection with any excavation or tunnel. If any sidewalk is blocked by any such work a temporary sidewalk shall be constructed or provided which shall be safe for travel and convenient for users.
(I) Time limit. 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 the permission for an extension of time is granted by the Director of Public Works.
(J) Restoration of surface.
(1) Any person making any excavation or tunnel in or under any public street, alley or other public place in the Village shall restore the surface thereof to its original condition if there is no pavement there. Refills shall be of suitable materials placed under the supervision of the Director of Public Works and properly tamped down, and any bracing in such tunnel or excavation shall be left in the ground.
(2) If the excavation or opening has necessitated an opening in a pavement, the refill shall be properly made so that the surface pavement can be relaid by the Village in the same manner, thickness and character as the surrounding pavement. Notice shall be given to the Director of Finance when such opening is prepared for pavement, and the pavement shall be laid by the Village either by contract or by Village employees. The surface relaid may extend for one foot in every direction beyond the original opening.
(K) Inspections. The Building Director shall from time to time inspect all excavations or tunnels being made in or under any public street, alley, parkway or other public place in the Village to see to the enforcement of the provisions of this chapter. Notice shall be given to him at least 24 hours before the work of refilling any such excavation or tunnel commences.
(1997 Code, § 9.19) (Ord. 80-20, passed 9-25- 1980; Am. Ord. C0-00-22, passed 11-20-2000; Am. Ord. CO-09-27, passed 10-6-2009; Am. Ord. CO-2021-21, passed 8-17-2021)