Loading...
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)
It shall be unlawful for any person to park, place or locate boats, recreation vehicles and trailers, on or across a sidewalk within the Village. The penalty for violating this section shall be not less than one hundred fifty dollars ($150.00) nor more than seven hundred fifty dollars ($750.00) per day. (Ord. 2012-20, 12-4-2012)
A. Prohibited: It shall be unlawful for any person, firm, or corporation to cut, dig, trench, excavate, grade, tunnel, bore, or in any way disturb any road, street, alley, sidewalk, curb, roadside ditch, right-of-way, or other public place for any purpose whatsoever without:
1. Filing and obtaining a written street cut and bore permit with the Village of Sherman;
2. Executing a bond to cover all damages occasioned by such work; and
3. Restoration of the area in good condition and in the manner provided for by the terms of this section.
B. Emergencies: In the case of an emergency, cutting and excavation may proceed without delay on condition that within twenty four (24) hours after the commencement of such cutting or excavation, a bond shall be posted, notice of such work shall be given, and a street cut permit shall be applied for and obtained from the Village.
C. Permit Exemptions: Street cut and boring permits will not be required for excavations made under contract with or by order of the Village of Sherman through its proper officials, nor to construction of any private entrances, driveways, or approaches in connection with any street in the Village street system or the installation or replacement of sidewalks, or for the installation of landscaping.
D. Bond And Fee Exemptions: The provisions of this section which pertain to bonds and fees shall not apply to work being done by any city, town, municipal corporation, or any agency of the State, or by any special taxing or service district established by law, provided that such entities shall give the Village at least twenty four (24) hours notice of such work and shall comply with all other applicable provisions of this section.
E. Utility Poles Along Right-Of-Way: The provisions of this section pertaining to permits, bonds and fees shall not apply to the setting and maintaining of utility poles and their appurtenances along Village street right-of-way by a public utility.
F. Street Cut Permit: Any person, firm or corporation desiring to cut, dig, trench, excavate, grade, tunnel, bore, or install any pole or disturb any road, street, alley, sidewalk, curb, roadside ditch, right-of-way, or other public place, shall make application for a street cut permit. Application shall be submitted with all fees at least three (3) days prior to beginning the work. Permit fees for the said work shall be set at three hundred dollars ($300.00) per location. The application shall include the following information:
1. Location and purpose of the proposed work.
2. Estimated time or dates when the work will be performed.
3. Estimated length, width, and depth of the proposed work.
4. Type and dimensions of existing pavement or sidewalk to be cut.
5. Name, address, and contact information of contractor performing the work.
6. Scalable plan drawing showing proposed work and all existing features within the work area including pavement, utilities, mailboxes, driveways, and other features.
G. Applicant Compliance: Applicant for permit shall agree to the following:
1. Village Engineer shall have the right to prescribe the method of the proposed cut, dig, trench, excavation, grade, tunnel, bore, and the location and the time the proposed work will be performed.
2. Applicant will maintain the road surface, which has been disturbed, in a smooth and uniform condition for a period of one year after the traffic is again permitted to pass over such filled trench or maintain the area cut outside the pavement surface but within the right-of-way to the condition similar to the immediate surrounding area for a period of one year. The maintenance is to meet the approval of the Village Engineer.
3. Applicant will erect and maintain all necessary barricades, detour signs, warning signals, and lights by night in accordance to the Manual of Uniform Traffic Control Devices (latest edition). A flagman shall be provided by the permittee at any location where traffic is limited to one lane.
4. Applicant shall take all responsibility for any injury or damage resulting to persons or property because of such work.
5. Applicant shall conspicuously display the name and telephone number of the project foreman at the site of the work, for the duration of the project.
H. Bond: Whenever such application is approved, the applicant shall be required to provide a bond to the Village of Sherman, with surety to be approved by the Village Engineer. Said bond shall guarantee that the place where said work is to be done shall be restored to a condition and in the manner provided by the provisions of this section.
1. Such bond shall be in the sum of:
a. Two thousand dollars ($2,000.00) for each separate crossing of any public right-of-way where the area of pavement removed and replaced is less than or equal to forty (40) square feet in area. Should the area of pavement removal and replacement exceed forty (40) square feet, the bond shall be increased by the rate of fifty dollars ($50.00) per square foot.
b. Two thousand dollars ($2,000.00) for each separate crossing of any public right-of-way by directional bore.
c. Five thousand dollars ($5,000.00) per block or parts thereof, for each separate cut or bore which parallels or crosses any public right- of-way for distance of one Village block.
2. Such bond shall provide for the surety to guarantee that the principal of said bond shall faithfully perform all duties imposed upon said principal for each and every utility crossing according to the requirements of this section. Such bond shall remain in full force for a period of three (3) years from the date of the completion of the permittee's work to assure that no hidden damage to pavement or infrastructure occurs. No permit shall be issued until such bond has been filed with and approved by the Village Engineer.
3. A cashier's check or certified check payable to the Village of Sherman, in the same sum as designated herein for such bond, or a letter of credit issued by a financial institution approved by the Village of Sherman in the same sum designated for the bond may be filed in lieu of a surety bond. Public utilities may submit an indemnifying agreement acceptable to the Village Engineer in lieu of a bond, cashier's check, certified check, or letter of credit.
I. Time Limit: The holder of any permit issued which grants permission to cut, dig, trench, grade, excavate, tunnel, or bore in any right-of-way as provided by this section shall complete all work and make all repairs within ninety (90) days from the issuance of the permit. The Village Engineer may extend the time for the completion of the work for which the permit was granted. Any work requiring removal of roadway or street pavement shall be completed within fourteen (14) calendar days after beginning work in the roadway at that location.
J. Temporary Repairs: If weather conditions do not allow permanent repairs to be completed, the permittee shall make temporary pavement repairs. Said temporary repairs shall be made with asphalt cold mix and shall be maintained by the permittee until permanent repairs can be made.
K. Open Cut And Boring Requirements: All work and repair described herein shall be done in accordance with the following specifications:
1. Open Cuts: Any open cuts through sidewalk, curb and gutter, pavement, or other hard surface shall be made by sawcutting for the full depth of the hard surface. Sawcut lines shall be neat and straight.
2. Inspection: After excavation and utility installation or connection is complete, the permittee shall contact the Village Engineer for an inspection of the installation prior to backfilling. Any damage to the existing utility or adjacent pavement, curb, or gutter resulting from the permittee's operations shall be repaired to the satisfaction of the Village Engineer at the permittee's expense.
3. Backfilling: All backfilling of open cuts in streets or roadways shall be made from the bottom of the excavation to the bottom of the pavement using a flowable fill or controlled low strength material (CLSM). The material and construction methods shall be as specified in section 593 of the latest edition of the IDOT Standard Specifications for Road and Bridge Construction.
4. Restoration: Street and roadway pavements shall be restored in accordance with the applicable sections of the latest IDOT Standard Specifications for Road and Bridge Construction as follows:
a. Asphalt Pavements:
(1) Granular base course, CA6 having minimum thickness of eight inches (8") or the existing base course thickness whichever is thicker.
(2) Hot-mix asphalt surface course mix "C", N50 having minimum thickness of three inches (3") or the existing pavement thickness whichever is thicker.
b. Concrete Pavements:
(1) Granular base course, CA6 having minimum thickness of eight inches (8") or the existing base course thickness whichever is thicker.
(2) Portland cement concrete pavement of the type and thickness of the existing pavement.
c. Curb, Gutter, Sidewalk:
(1) Match existing in type, material, and dimension.
5. Directional Bore Requirements:
a. All directional bored utilities shall have a minimum of four feet (4') of cover between the utility and the road surface. Directionally bored utilities shall have a minimum of three feet (3') of cover between the utility and ditch bottoms.
b. Directional bore pits shall be located, at least, ten feet (10') off the edge of road pavement in rural sections and six feet (6') behind the back of curb in urban sections.
c. The applicant shall be responsible for correction of any distortion caused by his operation of any road or street. The method of correction shall be approved by Village Engineer.
d. Pipe materials for directions drilling shall be either:
(1) Class 350 ductile iron pipe.
(2) High density polyethylene pipe (HDPE).
(3) Restrained joint PVC pipe.
6. Tracer Wire: A tracer wire shall be installed with the pipe regardless of pipe material. Tracer wire shall be 10-gage or larger solid hard drawn insulated copper wire.
L. Violation: Any person, firm, or corporation who violates any provision of this section shall be subject to a fine not to exceed one thousand dollars ($1,000.00) and not to be lower than two hundred fifty dollars ($250.00). Each day of violation shall constitute a separate offense. In addition to the penalties set forth herein, any person, firm or corporation who violates any provision of this section shall be liable for actual damages and restitution caused by work performed without the proper bonding or permit. (Ord. 2013-7, 7-2-2013)