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)