(A) Purpose. At times, it is necessary to excavate streets, street right-of-way, alleys, sidewalks, or public ways in order to repair or replace utilities or for new construction.
(B) Requirements.
(1) No openings in the streets, alleys, sidewalks, or public ways shall be permitted when the ground is frozen, except where it is deemed necessary by the Street Superintendent.
(2) In any opening or excavation, all paving, or ballasting materials shall be removed with the least possible loss of or injury to surfacing materials and together with the excavated materials from the opening shall be placed so as to cause the least practicable inconvenience to the public and permit free flow of water along gutters.
(3) Every opening and excavation shall be enclosed with sufficient barriers. Sufficient warning lights shall be lit from sunrise to sunset. Such lights shall be spaced so as to give adequate warning of the existence of the opening and of piled excavated materials. No open flame warning pots shall be used. Except by special permission from the Street Superintendent, no trench shall be excavated more than 250 feet in advance of pipe or conduit laying nor left unfilled more than 500 feet where pipe or conduit has been laid.
(4) In opening any public street, alley, sidewalk, way, easement, or ground, the paving materials, sand, gravel, and earth or other material moved or penetrated, and all surface monuments or hubs must be removed and replaced as nearly as possible in their original condition or position and the same relation to the remainder as before. Any excavated material which in the opinion of the Street Superintendent is not suitable for refilling shall be replaced with approved backfill material. All rubbish shall be immediately removed.
(5) The permittee shall notify the Street Superintendent and all public and private individuals, firms, and corporations affected by the work to be done at least 24 hours before such work is to commence. The Street Superintendent shall also be notified at least four hours prior to backfilling or restoring the surface.
(6) Unless the work shall be commenced within 30 days of the issuance of the permit, the permit shall be void and a new permit must be obtained and an additional fee charged. The Street Superintendent may extend the time limitation for good cause.
(7) The permittee shall backfill the opening immediately upon completion of the work and place at least five inches of traffic bind or similar material in the opening, unless otherwise advised by the Street Superintendent. The permittee shall maintain the opening in good condition for a period of six months after the completion of the work or until the surface has been restored. The Street Superintendent shall decide when within the six-month period the opening is ready for paving if a paving surface is required. If the surface is not restored within a period of ten days or such longer period as determined by the Street Superintendent, the village may restore the surface and bill the permittee.
(8) In the event of an emergency, any person owning or controlling any sewer, gas main, water main, conduit, or other utility in or under any public street, alley, easement, way, or ground and his or her agents and employees may take immediate proper emergency measures to remedy dangerous conditions for the protection of property, life, health, or safety without obtaining an excavation permit, provided that such person shall apply for an excavation permit not later than the next business day.
(9) The application for a permit shall be in writing and signed by the applicant or his or her agent. The applicant shall submit to the Street Superintendent at the time the permit is applied for, sufficient information relating to the work to be done including the general location and nature of the work and the method applicant proposes to use in doing the work. The Street Superintendent shall determine if sufficient information is submitted.
(10) The provisions of this section shall not apply to excavation work done under the direction of the Superintendent by village employees or contractors performing work under contract with the village, except that the safety precautions under division (B)(3) above shall be complied with.
(11) The charge for the permit shall be $25 payable to the village and issued by the Village Clerk.
(Ord. passed - -2016) Penalty, see § 151.999