(a) Frozen ground. No openings in the streets, alleys, sidewalks, or public ways shall be permitted between November 15 and April 1 except where it is determined by the Village Board, or its designee, to be an emergency excavation.
(b) Protection of public.
(1) Every opening and excavation shall be enclosed with sufficient barriers, signing, and such other traffic control devices as may be required by the Village Board, or its designee, and in accordance with Section VI of the Manual of Uniform Traffic Control Devices. Sufficient warning lights shall be kept on from sunrise to sunset. No open flame warning devices shall be used. Except by special permission from the Village Board, or its designee, no trench shall be excavated more than 250 feet in advance of pipe or conduit laying, nor left unfilled more than 500 feet from where pipe or conduit has been laid.
(2) All necessary precautions shall be taken to guard the public effectively from accidents or damage to persons or property through the period of the work. Each person making such opening shall be held liable for all damages, including costs incurred by the village in defending any action brought against it for damages, as well as cost of any appeal, that may result from the neglect by such person, or his or her employees, of any necessary precaution against injury or damage to persons, vehicles, or property of any kind.
(3) Unless otherwise approved, a minimum of one lane of traffic in each direction shall be provided. Every effort shall be made on the part of the permittee to provide reasonable access to all properties adjacent to his or her project. In the event traffic is limited to less than one lane in each direction, a flagman or temporary traffic control signal shall be provided so as to safely cycle traffic in each direction past the work area.
(4) The permittee shall perform the work in such a manner so as not to disrupt the flow of traffic in the area or endanger the safety of workmen or passersby. It shall be the responsibility of the permittee to prevent traffic backup during construction operation. The permittee shall notify the Director of Public Works 24 hours prior to commencement of excavation of the location and extent of the excavation, unless the excavation is an emergency excavation as identified in this subsection (b).
(5) When the operations will result in the loss of any utility service to private properties, the private properties shall be notified in writing or by personal contact at least 12 hours prior to the loss of service, unless the operations are part of an emergency excavation as defined in subsection (g) below.
(c) Pavement removal.
(1) Removal of existing pavement shall be to neat, straight lines. The permittee shall make a final saw cut in the existing pavement after backfilling. Excavations shall be kept to the minimum possible and acceptable for the convenience and safe performance of his or her work and in accordance with all applicable codes and regulations.
(2) a. If the pavement is damaged during excavation beyond the original saw cut lines, it shall be saw cut again along neat, straight lines. The finished saw cut shall leave a regular rectangular section for pavement replacement.
b. Should the street opening occur within adjacent or close to an existing patch or require more than one opening within a short distance, the permittee shall identify and locate the existing patches or additional openings on the permit application form. The Village Board, or its designee, shall, on the basis of an on-site inspection, approximate the boundaries of the pavement replacement area.
(3) Pavement replacement areas with the long dimension in the direction of travel shall have the long dimension parallel with the curb line or the direction of travel. Pavement replacement areas in concrete pavements shall be parallel with or at right angles to the direction of travel.
(4) The Village Board, or its designee, may order the permittee to remove and replace up to one full lane width of pavement along the patched or excavated area. Special care shall be taken with concrete pavement to produce a vertical face on the existing concrete at the point of the saw cut to ensure a full depth of concrete at the joint.
(d) Excavation.
(1) All excavated material shall be piled in a manner such that pedestrian and motor traffic is not unnecessarily disrupted, gutters shall be kept clear or other satisfactory provisions made for street drainage, and natural watercourses shall not be obstructed.
(2) Excavated material to be used for backfilling of the trench must be so handled and placed as to be of as little inconvenience as practical to public travel and adjoining tenants.
(e) Backfilling.
(1) All backfill material shall be free from cinders, ashes, refuse, vegetable, or organic matter, boulders, rocks, or stones greater than eight inches in their greatest dimension, frozen lumps or other material which, in the opinion of the Village Board, or its designee, is unsuitable.
(2) In refilling the excavation, if there is not sufficient material excavated suitable for refilling, the deficiency shall be made up with material, approved prior to use by the Village Board, or its designee, hauled in.
(3) Wherever an excavation crosses an existing utility, pipe, or other structure, backfill shall be carefully compacted in stages from the bottom of the excavation. Any sanitary sewer, storm sewer, water, telephone, natural gas, or other service shall not be interrupted by the permittee. It shall be the permittee’s responsibility to have the various utilities locate and mark their facilities prior to excavation.
(4) Mechanical compaction shall be used on all materials used for trench backfill. Each layer (12-inch maximum) shall be uniformly compacted to a dry density of at least 95% of the maximum dry density as determined by the Modified Proctor Test (ASTM-1557). Compaction or consolidation by flooding shall not be permitted.
(5) All excavations shall be subject to testing by the village. Backfilled material not achieving the above compaction requirements shall be removed and recompacted by the permittee. The cost of any retesting shall be paid by the permittee.
(6) When the sides of the trench will not stand perpendicular, sheathing, and braces shall be used to prevent caving. No timber, bracing, lagging, sheathing, or other lumber shall be left in any trench. At no time shall any street pavements be permitted to overhang the excavation.
(f) Notice. It shall be the duty of the permittee to notify the Village Administrator, Clerk, or highest elected official, as appropriate, or Director of Public Works and all public and private individuals, firms, and corporations affected by the work to be done at least one business day before such work is to commence. The Village Administrator, Clerk, or highest elected official, as appropriate, or Director of Public Works shall also be notified at least four hours prior to backfilling and/or restoring the surface.
(g) Pavement replacement.
(1) Backfill material shall be left below the original surface to allow for four inches of three-inch crushed stone and four inches of three-fourths-inch crushed stone, plus the thickness of the required pavement structure. If paving will not occur as part of the initial street restoration operation, the balance of the opening to the original surface elevation shall be backfilled with compacted three-fourths-inch crushed stone.
(2) Bituminous pavement shall be placed the full depth of the existing pavement or two and one-half inches, whichever is greater. Bituminous pavement shall be placed in a maximum of a one and one-half-inch base layer and a one-inch top layer, with each layer compacted to maximum density and shall consist of the State Department of Transportation Gradation No. 1 for the binder course and the State Department of Transportation No. 3 for the surface course. The finished surface shall be smooth and free of surface irregularities, and shall match the existing pavement and any castings or street appurtenances. Allowable deviations shall be no more than one-fourths-inch as measured with a ten-foot straight edge.
(3) Concrete pavement shall be placed to the full depth of the existing pavement or seven inches, whichever is greater. Concrete used shall not contain calcium chloride. The surface shall be given a light broom finish. The edges shall be tooled to prevent spalling at the saw cut edge. The surface shall be evenly and completely sealed with a white pigmented curing compound. The surface shall be protected from traffic for a minimum of three days. The bars shall be installed as directed by village officials.
(4) In emergency excavations during winter months when it is not possible to replace the removed pavement with a like material, the excavation shall be temporarily resurfaced with a minimum of three inches of cold mix bituminous material. This temporary wearing surface shall be compacted and rolled smooth. These temporary wearing surfaces shall be removed and replaced with material as specified above by no later than the following June 1, except as provided above. Permanent pavements shall be replaced within 60 days of the date of the permit.
(h) Emergency excavation. In the event of an emergency, any person, firm, or corporation owning or controlling any sewer, gas main, water main, conduit, or other utility in or under any public street, alley easement, way, or ground, and his or her agents and employees, may take immediate proper emergency measures to remedy dangerous conditions for the protection of property, life, health, or safety without obtaining an excavation permit, provided that such person, firm, or corporation shall apply for an excavation permit no later than the next business day, and shall notify the village office immediately.
(i) Excavation in new streets limited. Whenever the Village Board determines to provide for the permanent improvement or repaving of any street, such determination shall be made not less than 30 days before the work of improvement or repaving shall begin. Immediately after such determination by the Village Board, the Village Administrator, Clerk, or highest elected official, as appropriate, shall notify in writing each person, utility, or other agency owning or controlling any sewer, water main, conduit, or other utility in or under said street, or any real property abutting said street, that all such excavation work in such street must be completed within 30 days. After such permanent improvement or repaving, no permit shall be issued to open or excavate said street for a period of five years after the date of improvement or repaving unless, in the opinion of the Village Board, or its designee, conditions exist which make it absolutely essential that the permit be issued. Every effort shall be made to place gas, electric, telephone, and television cable lines in street terraces.
(Prior Code, § 6-2-4)