(A) If the Village Engineer or qualified Village Agent finds that the paving surfaces and adjacent surfaces to the street opening may be damaged where trenches are made parallel to the street, or where a number of cross trenches are laid in close proximity to one another, or where the equipment used may cause the damage, the Village Engineer or qualified Village Agent may require a negotiated contribution from the permittee for the resurfacing in place of patching the street. The total area for the proposed patch or probably damaged area must exceed 25% of the total pavement surfacing between curb faces or between concrete gutter edges in any block. The negotiations shall be carried on and contributions agreed upon prior to issuance of a permit.
2021 S-11
Streets and Sidewalks 19
(B) Any operation in the right-of-way not covered by the above specifications, submitted with this permit, shall be done in accordance with instruction of the Village Engineer or qualified Village Agent.
(C) (1) In granting a permit, the Village Engineer or qualified Village Agent or the Village Council may attach the conditions thereto as may be reasonably necessary to prevent damage to public or private property or to prevent the operation from being conducted in a manner hazardous to life or property or in a manner likely to create a nuisance.
(2) The conditions may include, but shall not be limited to:
(a) Limitations on the period of time in which the work may be performed;
(b) Restrictions as to the size and type of equipment commensurate with the work to be done;
(c) Designation of routes upon which materials may be transported;
(d) The place and manner of disposal of excavated materials;
(e) Requirements as to the application of dust palliative, the cleaning of streets, the prevention of noise and other nuisances offensive or injurious to the neighborhood, the general public or any portion thereof; and
(f) Regulations as to the use of streets in the course of the work which could also include setting the hours during which work can be done.
(D) The permittee shall notify the Village Engineer or qualified Village Agent in writing upon completion of all work accomplished under the provisions of the permit in accordance with the Village Technical Standards.
(E) If any settlement in a restored area occurs within a period of two years from the date of completion of the permanent restoration, any expense incurred by the village in corrected the settlement shall be paid by the permittee or recovered from his or her bond according to the Village Technical Standards, unless the permittee submits proof satisfactory to the Village Engineer or qualified Village Agent that the settlement was not due to defective backfilling.
(F) In no case shall any opening made by the permittee be considered in the charge or case of the village, or any of its officers or employees, and no officer or employee is authorized in any way to take or assume any jurisdiction over any opening, except in the exercise of the police power, when it is necessary to protect life and property.
(Ord. 56, passed 11-27-2000; Ord. passed 9-9-2002; Ord. 155, passed 1-11-2021)