§ 97.35 PERMIT PROVISIONS.
   (A)   Permit required; approval of Superintendent of Streets and Alleys. No person shall change the grade or level, or injure or tear up any pavement of any street, sidewalk, crosswalk or curb, or any part thereof, dig any hole, trench, ditch or drain in, or dig or remove any sod, stone, earth, sand or gravel from any street or public ground in the village without first obtaining a permit from the office of the Village Clerk, as hereinafter provided. Before such permit shall be issued, it shall first be approved by the Superintendent of Streets and Alleys, and in the event that the permit is obtained for the purpose of making a connection to a sewer or water facility of the village located in any public street, the Superintendent of Streets and Alleys may, if practical, require the applicant to tunnel or auger instead of removing or injuring the pavement.
   (B)   Fee; bond.
      (1)   The fee for a permit required under this section is $10. The applicant shall also deposit a cash bond as follows:
         (a)   For excavation on any primary streets (all plant-mix mat surfaces) a $1,000 cash bond.
         (b)   For excavation on secondary streets (all gravel, dirt and like surfaces) a $250 cash bond.
      (2)   The bond shall guarantee the applicant faithful and prompt restoration of the excavated area in accordance with the applicable provisions of this code and any other ordinance of the village and the maintenance thereof for a period of two years. All public utilities operating under a franchise with the village shall be exempt from the requirements of this division (B).
('73 Code, § 5.08(a),(b)) Penalty, see § 10.99