6-5-12: PROTECTION, REPAIR OF EXISTING IMPROVEMENTS:
The subdivider, his contractors and suppliers shall be responsible that existing improvements and the property of the village are not damaged or rendered less useful or unsightly by the operations of the subdivider, his contractors or suppliers. This provision is intended to include damage or nuisance with respect to the land improvements or landscaping of the village; damage to existing streets, sidewalks, curb and gutter, parkways by passage thereover of equipment or trucks or by excavation for any purpose; the spillage or tracking of earth, sand or rock onto existing streets, sidewalks, curb and gutter or parkways; the washing by storm water of earth or sand onto streets, sidewalks, curb and gutter or parkways or into catch basins; damage to water mains, sanitary sewers, culverts or storm sewers. To reduce or localize the possibility of damage to streets by heavy trucking, the village engineer shall instruct the subdivider as to the streets to be used for access to the subdivision by equipment and trucks, and the subdivider shall be responsible for enforcement of this instruction upon his contractors and their suppliers. The subdivider shall make provisions to prevent washing of earth or sand onto sidewalks, streets, curb and gutter and into catch basins by storm water. Where deemed advisable, the village engineer shall have the power to require, either prior to commencement of construction or after construction is in process, that the subdivider post a surety to guarantee repair of damages or abatement of nuisance. If the need for surety becomes apparent after construction is in process, the village engineer shall have the power to order construction discontinued until surety has been posted. Expenses incurred by the village in repairing damages, cleaning streets, catch basins and sewers shall be deducted from the surety. (1970 Code §35.79)