(a) Before any person, firm, corporation, partnership, association or other entity, other than a duly authorized Village department, shall make any opening or tunnel in any street, boulevard, avenue, alley, highway or other public grounds in the Village, or remove the surface of any sidewalk, or any part thereof, or open any sidewalk, in the Village, such person, firm, corporation, partnership, association or other entity shall file with the Village Administrator a written or printed application therefor, setting forth and accurately indicating therein the location, kind and extent of the proposed opening, tunnel or removal of sidewalk, and the number, purpose and size of the openings or excavations that are desired or necessary. If any openings or excavations are for a purpose other than pursuant to a contract with the Village, the applicant shall pay to the Village Fiscal Officer a fee. Such fee shall be non-refundable, and shall be calculated in accordance with the following schedule:
Street Opening Permit Fee Schedule
Excavated Area Sq. Yds. | Fee |
Under 2 | $20.00 |
2 - 4.99 | 25.00 |
5 - 9.99 | 35.00 |
10 - 19.99 | 50.00 |
20 - 29.99 | 70.00 |
30 - 39.99 | 90.00 |
40 - 49.99 | 100.00 |
50 and over | 100.00 plus 1.00 per sq. yd. |
(b) In addition to the street opening permit fee, the following special requirements shall apply:
(1) Any cut which requires installation of a depth of asphalt by the person, firm, corporation, partnership, association or other entity opening or excavating shall pay an additional fee at a rate of five dollars and sixty cents ($5.60) per square yard per inch of depth;
(2) A temporary pavement is required on all major streets and heavily traveled secondary streets. Such temporary pavement shall comply with specifications for the same adopted by the Village Administrator;
(3) Calculation of the yardage will include a shoulder six inches in width around the perimeter of the opening or excavation;
(4) The minimum area to be used in the calculation of fees for sidewalks, concrete driveway approaches, and alley aprons is twenty-five square feet;
(5) The minimum length to be used in the calculation of the fee for excavation or opening of curbs and gutters is five lineal feet;
(6) In order that a contractor may properly bill his customer, contractors are urged to call the Village Administrator for measurements after the contractor has finished his work.
(c) In addition to the above, the following additional repair charges and bond requirements shall apply:
(1) Any person, firm, corporation, partnership, association or other entity making an opening or excavation shall be responsible for the proper repair of the same. Such repair shall comply with specifications for the same adopted by the Village Administrator.
(2) To ensure the proper repair of an opening or excavation, the person, firm, corporation, partnership, association or other entity making the opening or excavation shall post a bond.
(3) The bond for street openings shall be a minimum bond of one hundred seventy-five dollars ($175.00), plus an additional amount per square yard, for a minimum of one square yard, which amount shall be based on a schedule of additional bond amounts prepared by the Village Administrator on a yearly basis and published at the beginning of each year.
(4) The bond for sidewalk, curb and gutter openings shall be a minimum bond of one hundred seventy-five dollars ($175.00), plus an additional amount per square foot of sidewalk and per square foot of different types of driveways as determined by the Village Administrator, plus a per linear- foot charge based on the yearly coverage.
(5) The schedule of additional bond amounts shall state an amount approximately equal to the cost of repair for the different types of streets, sidewalks, curbs and gutters located within the Village based on the estimated cost of repair per square yard at prevailing rates.
(6) Such bond and additional bond shall be held until the project is completed and inspected by the Village Administrator or his designee. Should completion of repair by the Village be necessary, the bond amounts shall be used to defray the expense of such repair. The person, firm, corporation, partnership, association or other entity making the opening or excavation shall be liable for, and shall be billed for, any cost of such repair in excess of the bond amount deposited. Conversely, such person, firm, corporation, partnership, association or other entity shall be refunded any excess bond amount when the actual cost of the Village making such repair is less than the amount of bond which is on deposit.
(d) The Village Administrator is hereby required to promulgate rules for street, sidewalk, driveway, curb and gutter openings, which rules are to be reviewed on a yearly basis. Current costs for additional bond amounts, as provided in subsection (c) of this section, are to be developed on an annual basis and placed in effect at the beginning of each calendar year. They are to be made available to the public along with the rules for openings and standards of construction.
(e) The Village Administrator may waive bond for property owners who are required by the Village to repair sidewalks, curbs and gutters or in cases which he or she deems to be a matter of hardship.
(f) If the backfill of a repair to an opening or excavation settles after completion of the repair to a point where the Village must make a supplemental fill, the person, firm, corporation, partnership, association or other entity making an opening or excavation shall be liable for the actual cost of such additional repair.
(g) Since digging into a street hastens its deterioration, a special nonrefundable deterioration fee is required for all cuts in street surfaces. Such fee shall be calculated in accordance with the following schedule:
Age of Pavement | Fee |
0-3 years | $50.00 per sq. yd. |
3-6 years | 25.00 per sq. yd. |
6-10 years | 10.00 per sq. yd. |
11 or more years | 5.00 per sq. yd. |
(h) If it is necessary, at any point in the making of a repair to an opening or excavation, for the Village to use a concrete saw, a charge of three dollars ($3.00) per lineal foot of cut will be assessed.
(i) The following shall apply to the issuance of street opening permits for unsurfaced streets and alleys:
(1) A deposit equal to ten dollars ($10.00) per square yard of opening, but not less than fifty dollars ($50.00) for each opening, is required.
(2) This deposit will be retained by the Village Fiscal Officer for a period of three months after the permit is issued.
(3) The Village Administrator will collect these deposits when a street opening permit is issued for an unsurfaced street or alley. Such deposit shall, immediately upon receipt, be forwarded to the Fiscal Officer.
(4) At the end of three months the Village Administrator will notify the Fiscal Officer of any charges against the deposit. Any balance remaining after deducting actual expenses for repair will be refunded. If the charges are in excess of the deposit, the person, firm, corporation, partnership, association or other entity making the opening or excavation shall be liable for any excess expense involved in the Village making the repair.
(j) Any person, firm, corporation, partnership, association or other entity intending to make an opening or excavation must provide the Village Administrator at least a two-day prior notice of their intent to do the same, and the repair of all openings or excavations must be finally inspected and approved by the Village Administrator or his designee.
The purpose of the street opening permit fee and additional fees is to allow a determination of the type and size of the street, the amount of additional bond necessary, the type of sidewalk and driveway that would be necessary, and to cover the expense of any subsequent inspections of the area for which the permit is obtained.
(Ord. 18-97. Passed 9-22-97.)