(a) The opening and restoration of a pavement or other surface shall be performed under the direction and to the satisfaction of the Street Commissioner, the Village Engineer, and in accordance with rules, regulations, and specifications approved by Council. Controlled density fill or non-compactable crushed aggregate shall be used to fill trenches or other opening within the influence of a roadway to an elevation of a minimum of four (4") inches below finish grade. Finish pavement thickness shall match existing condition or be four (4") inches minimum, whichever is greater.
(b) Upon failure or refusal of the permittee satisfactorily to fill the excavation, restore the surface, and remove all excess materials within the time specified in the permit or where not specified therein, within a reasonable time after commencement of the work, the Municipality may proceed without notice to make such fill and restoration and the deposit referred to in Section 909.03 shall be deemed forfeited. Thereupon the deposit shall be paid into the street repair fund of the Municipality, except such part demanded and paid to the permittee as the difference between the deposit and the charges of the Municipality for restoration services performed by it. If the amount of such services performed by the Municipality should exceed the amount of the deposit, the Fiscal Officer or other proper administrative officer shall proceed to collect the remainder due from such permittee. (Ord. 2003-74. Passed 12-10-03.)