(A) If the Director of Public Works and/or his or her designee finds that the paving surfaces and adjacent surfaces to the street opening may be damaged where trenches are made parallel to the street, or where a number of cross trenches are laid in close proximity to one another, or where the equipment used may cause the damage, the Director of Public Works and/or his or her designee may require a negotiated contribution from the permittee for the resurfacing in place of patching the street. The total area for the proposed patch or probably damaged area must exceed 25% of the total pavement surfacing between curb faces or between concrete gutter edges in any block. The negotiations shall be carried on and contributions agreed upon prior to issuance of a permit.
(B) Any operation in the right-of-way not covered by the above specifications, submitted with this permit, shall be done in accordance with instruction of the Director of Public Works and/or his or her designee.
(C) (1) In granting a permit, the Director of Public Works or the Village Council may attach the conditions thereto as may be reasonably necessary to prevent damage to public or private property or to prevent the operation from being conducted in a manner hazardous to life or property or in a manner likely to create a nuisance.
(2) The conditions may include, but shall not be limited to:
(a) Limitations on the period of time in which the work may be performed;
(b) Restrictions as to the size and type of equipment commensurate with the work to be done;
(c) Designation of routes upon which materials may be transported;
(d) The place and manner of disposal of excavated materials;
(e) Requirements as to the laying of dust, the cleaning of streets, the prevention of noise and other results offensive or injurious to the neighborhood, the general public or any portion thereof; and
(f) Regulations as to the use of streets in the course of the work which could also include setting the hours during which work can be done.
(D) The permittee shall notify the Director of Public Works and/or his or her designee in writing upon completion of all work accomplished under the provisions of the permit. A certificate of final inspection shall be issued by the Director of Public Works and/or his or her designee to each permittee, three years after the permanent restoration of the excavation has been made, provided the work authorized by the permit has been performed according to the village specifications. Prior to the issuance of a certificate, the Director of Public Works and/or his or her designee shall make a final inspection of the restoration to determine whether village specifications have been adhered to.
(E) If any settlement in a restored area occurs within a period of two years from the date of completion of the permanent restoration, any expense incurred by the village in corrected the settlement shall be paid by the permittee or recovered from his or her bond, unless the permittee submits proof satisfactory to the Director of Public Works and/or his or her designee that the settlement was not due to defective backfilling.
(F) In no case shall any opening made by the permittee be considered in the charge or case of the village, or any of its officers or employees, and no officer or employee is authorized in any way to take or assume any jurisdiction over any opening, except in the exercise of the police power, when it is necessary to protect life and property.
(Ord. 56, passed 11-27-2000; Ord. passed 9-9-2002)
