A. Permission To Open: No street openings shall be permitted for the installation, maintenance, or repair of sewer or water lines or services in any street, alley, boulevard, or other public way without a permit having first been issued authorizing said opening. Street opening permits shall be issued only upon application and upon payment of the fee of ten dollars ($10) in advance.
B. Applications For Permits: All applications for permits shall be made to the Village Clerk. Each application shall describe the location of the intended excavation, the size thereof, the purpose therefor, and the person, firm, or corporation doing the actual excavating work, and the name of the person, firm, or corporation for whom or which the work is being done. The application shall also contain an agreement that the applicant will comply with all ordinances and laws relating to the work to be done.
C. Duty Of Permit Holder: All street openings shall be made and closed by the permit holder according to the standards and specifications required by the Village Engineer for the particular opening authorized by the permit. The street shall be relaid or repaved by the permit holder at the permit holder's expense and said permit holder shall restore the surface and subsurface of the street to as good a condition as when opened.
D. Proof Of Insurance Or Bond: Prior to the issuance of any permit by the Village, the applicants for the permit shall make satisfactory proof to the Village Engineer that the applicant, his agents, and employees are fully protected by insurance or bond covering public liability, property damage, and Worker's Compensation claims arising out of the issuance of such permit.
E. Jurisdiction: With respect to Village streets under the jurisdiction of the Department of Transportation of the state, no provision herein shall be applicable when the provision is contrary to the statutes of the state or regulations of the Department of Transportation.
F. Inspection: The Village Engineer or his designated representative shall from time to time inspect any excavations being made in or under any public street, alley, or public way in the village to see to the enforcement of the provisions of this subchapter. Notice shall be given by the permit holder to the Village Engineer at least four (4) hours before the work of refilling any excavation commences.
G. Openings To Be Guarded: Any person, firm, or corporation making or maintaining any excavation in any street, alley, or other public way shall keep the excavation adequately guarded by barricades and lights to protect persons, vehicles, and property from injury; and shall indemnify and save harmless, protect, and defend the village from any suit, claim, demand, liability, or expense of any land or nature whatsoever arising by, through, or on account of the permit holder's activities.
H. Rules For Excavation:
1. It shall be unlawful to make any excavation not in conformity with the terms of the permit issued therefor. Proper bracing shall be maintained at all times to prevent the collapse of adjoining ground; and no excavation shall have a subsurface width or length beyond that of the opening made at the surface.
2. No injury or damage shall be done to any pipes, cables, or conduits in the making of the excavation. Notice shall be given to the owners or operators of the pipes, cables, or conduits or to any village department or officer charged with the care thereof, which are or may be endangered or affected by the making of any excavation before such pipes, cables, or conduits shall be disturbed. The holder of the permit shall be responsible for and repair all damage to the pipes, cables, or conduits. No unnecessary damage or injury shall be done to any tree or shrub or the roots thereof. (Ord. 2017-4, 3-21-2017)