(A) It shall be unlawful for any person to excavate, strip, undermine or in any manner dig away any public street, alley, sidewalk, right of way, or any part of any public street, alley, sidewalk or right of way within the village unless authorized as provided hereafter.
(B) No person or entity shall make any excavation in any village street, alley, sidewalk or right of way without written permission from the village president or, in his absence, the village superintendent of public works. Any person or entity acting by or under such permission as aforesaid, making or causing to be made any excavation or ditch for any purpose in any street, alley, sidewalk or right of way shall, without any unnecessary delay, cause the same to be filled and compacted to the proper level of the street, alley, sidewalk or right of way, and finish the surface as required by this code or by the board of trustees and upon completion remove all equipment, excess materials and debris; and shall leave said site in the same or as good condition as before said work began; and shall from time to time, if necessary, continue to repair the same until the earth is completely settled and the surface conforms to the proper level of the street, alley, sidewalk or right of way.
(C) Any person or entity tearing up or in any manner injuring any street, sidewalk, bridge, culvert or vegetation within the village for any purpose, or negligently breaking or injuring the same by the removing of any building over the same, or otherwise, shall without delay cause such street, sidewalk, bridge, culvert, or vegetation to be repaired and placed in the same or as good condition as before the breaking or injuring thereof.
(D) Utility excavations shall be in accordance with the following requirements:
1. All street cut trenches made either to existing pavements or sidewalks or future pavement areas shall be backfilled utilizing one of two (2) recommended methods: those being the use of controlled low strength materials (CLSM) or, alternately, the placement of mechanically compacted lifts, six inch (6") maximum, of CA6 or CA10 aggregate materials as approved by the village. CLSM material shall be in accordance with section 593 of the Illinois department of transportation "Standard Specifications For Road And Bridge Construction".
The use of FA6 aggregate material, commonly known as "turkey grit", as backfill will be permitted as approved by the village president. Water inundation or jetting of the fine aggregate backfill material will not be permitted. The proper backfill shall extend not less than two feet (2') in each direction beyond the edge of the pavement.
2. When a trench is cut into an existing concrete street or sidewalk, the pavement shall be replaced in kind with a total thickness two inches (2") greater than existing to a maximum of ten inches (10"). When restoring concrete pavement, the entire slab into which the trench was cut shall be removed and replaced.
If the surface is either asphalt or oil and chip, a six inch (6") thick concrete pavement shall be installed and two inches (2") of hot mix asphalt surface course shall be placed atop the concrete base. The use of full depth integrally colored concrete pavement will be permitted as approved by the village. Replacement pavement shall be installed no less than a distance of two feet (2') in each direction beyond the edge of the excavation trench.
3. All utility structures (i.e., shutoff valves, vault boxes, lids, poles, lines, markers, etc.) that pose a threat to public safety shall be replaced when directed by the village. Any failures occurring outside of the original restored or repaired pavement or right of way area resulting from the utility activity will be repaired by the responsible utility company.
4. Any person, firm, corporation or entity which plans to install any underground utilities within a present or proposed street or sidewalk right of way area is required to notify the village a minimum of twenty four (24) hours prior to beginning work, except in the case of an emergency. The notification shall include the exact location and nature of the work to be performed. Roadway or sidewalk area repairs or restorations made without proper notification may require reexcavation and replacement with approved backfill. In emergency situations, the village shall be notified immediately upon the responsible party's decision that excavation is required.
5. Variance from any of the utility excavation policy provisions as stated herein may be granted, on a case by case evaluation basis, by the village president or, in his absence, by the superintendent of public works. All variances granted shall be specifically outlined in writing and include a justification for the variance. Factors to be considered in rendering a variance decision may include, but not be limited to:
(a) Specific trench width and/or depth;
(b) Actual size of concrete slabs affected;
(c) Pipe size;
(d) Conditions of surrounding soil and/or pavement;
(e) Extent of variance requested;
(f) Environmental circumstances at work site; and
(g) Extent of possible future public damage.
Any questions, concerns or disputes regarding interpretation or administration of this chapter may be referred by an affected party to the village board of trustees which, by majority vote, shall have final authority in resolving such matters.
6. Permits are required for all utility excavations within any village right of way. Such utility work within or affecting the village rights of way will require the contractor to furnish the village evidence of liability insurance coverage naming the village of St. Joseph as an additional insured.
The village president or, in his absence, the superintendent of public works is empowered to issue right of way excavation permits for any use of village streets or other public property for periods of no longer than one hundred eighty (180) days for construction purposes.
For projects that cover large linear distances, each individual permit will cover up to two thousand feet (2,000') in length. Additional permits will be required for projects exceeding two thousand (2,000) linear feet.
The village of St. Joseph reserves the right to require appropriate traffic control measures as shown in the Illinois department of transportation's highway standards in areas affected by the utility work as directed by the village president. "As built" plans shall be provided if required by the permit as determined by the village president.
Permit applications shall include the construction schedule, general construction plans including site restoration provisions, erosion control measures (if needed), traffic control measures, and a list of contact information for the entity performing the work.
Persons or entities excavating or performing work on village right of way without a permit in violation of the provisions herein are subject to fines as provided in section 1-4-1 of this code.
In the event the contractor fails to complete all work (including restoration) on village property as required herein by the date stated in the permit issued therefor, the contractor may be granted an extension for good cause shown as to the reason that the completion date could not be met.
In the event the contractor fails to complete all work (including restoration) as required herein by the completion date provided in the permit or any extension thereof, the village may give written notice to said contractor stating deficiencies in the work and requiring that all deficiencies be correct and/or that all work be completed by a date certain. In the event the contractor fails to correct said deficiencies and/or complete the work by said deadline, the contractor shall be subject to a fine of seven hundred fifty dollars ($750.00) per violation. Each day after said deadline that said deficiency continues uncorrected and/or that the work is not completed shall be considered a separate offense. (Ord. 2015-5, 8-13-2015)