Chapter 12.12
EXCAVATIONS
Sections:
12.12.020 Permit applications.
12.12.025 Permit application – Contacting utilities.
12.12.060 Barricades and lights.
12.12.070 Manner of excavating.
12.12.080 Temporary sidewalks.
12.12.010 Permit required.
It is unlawful for any person, firm or corporation to tunnel under or to make any excavation in any street, alley or other public place in the village without having obtained a permit as is required in this chapter, or without complying with the provisions of this chapter, or in violation of or variance from the terms of any such permit.
12.12.020 Permit applications.
Applications for such permits shall be made to the clerk, and shall describe the location of the intended excavation or tunnel, the size thereof, the purpose therefor, and the person, firm or corporation doing the actual excavating work, and the name of the person, firm or corporation for whom or which the work is being done, and shall contain an agreement that the applicant will comply with all ordinances and laws relating to the work to be done.
12.12.025 Permit application – Contacting utilities.
Permit application shall also show that the applicant has contacted all operators of gas, electric, telephone, water, sewer or any other public utility service in the area, as well as the village itself to receive from them the information as to the existence and location of any underground facilities, so that the proper precautions can be taken to avoid accidents through damage to the underground structures.
12.12.030 Permit issuance.
No such permit shall be issued except on order of the president and board of trustees.
12.12.040 Fees.
The fee for such permits shall be one dollar for each square foot, or lineal foot in the case of tunnels.
12.12.050 Bond.
A. No such permit shall be issued unless and until the applicant therefor has filed with the clerk a bond in the sum of fifty thousand dollars, conditioned to indemnify the village for any loss, liability or damage that may result or accrue from or because of the making, existence or manner of guarding or constructing any such tunnel or excavation.
B. Such bond shall have as surety a corporation licensed to do business in the state as a surety company.
12.12.060 Barricades and lights.
Any person, firm or corporation making or maintaining any excavation in any street or alley shall keep the same adequately guarded by barricades and lights to protect persons and property from injury.
12.12.070 Manner of excavating.
A. It is unlawful to make any such excavation or tunnel in any way contrary to or at variance with the terms of the permit therefor. Proper bracing shall be maintained to prevent the collapse of adjoining ground; and in excavations, the excavation shall not have anywhere below the surface any portion which extends beyond the opening at the surface.
B. No injury shall be done to any pipes, cables or conduits in the making of such excavations or tunnels; and notice shall be given to the persons maintaining any such pipes, cables or conduits or to the village department or officer charged with the care thereof, which are or may be endangered or affected by the making of any such excavation or tunnel before such pipes, cables or conduits shall be disturbed.
C. No unnecessary damage or injury shall be done to any tree or shrub or the roots thereof.
12.12.080 Temporary sidewalks.
If any sidewalk is blocked by any such work a temporary sidewalk shall be constructed or provided which shall be safe for travel and convenient for users.
12.12.090 Time limit.
Each application for a permit shall state the length of time it is estimated will elapse from the commencement of the work until the restoration of the surface of the ground, or until the refill is made ready for the pavement to be put on by the village if the village restores such surface pavement. It is unlawful to fail to comply with this time limitation unless permission for an extension of time is granted by the president and board of trustees.
12.12.100 Restoring surface.
A. Any person, firm or corporation making any excavation or tunnel in or under any public street, alley or public place in the village shall restore the surface thereof to its original condition if there is no pavement there. Refills shall be properly tamped down, and any bracing in such tunnel or excavation shall be left in the ground.
B. Any opening in a paved or improved portion of a street shall be repaired and the surface relaid by the applicant, in compliance with the ordinances and subject to the supervision of the superintendent of public works. If such work is not done within ten days after restoration is possible, the village may restore the surface and charge the cost thereof to the permittee.
12.12.110 Supervision.
The superintendent of public works shall from time to time inspect all excavations and tunnels being made in or under any public street, alley or other public place in the village to see to the enforcement of the provisions of this chapter. Notice shall be given to him at least ten hours before the work of refilling any such excavation or tunnel commences.
12.12.120 Exemptions.
The provisions of this chapter relative to securing permits shall not apply to officers or employees of the village engaged in doing work for the village; nor to persons or corporations doing work for the village under contract; nor to persons or corporations which are operating under a franchise or grant from the village if such franchise provides for the making of excavations and tunnels without securing a permit therefor.