No person shall, without first obtaining a permit from the Director
of Public Works, make any opening in any street, alley, sidewalk or
any public way within the Village. No permit shall be granted when
the ground is frozen unless the Director determines such opening is
necessary.
Application for a permit shall be made on a form supplied by the Director of Public Works. The application shall be accompanied by a signed agreement to save the Village harmless from any liability arising from the work or activity covered by the permit, the fee provided in §
323-6 below and a written description of the work, including a sketch designating the trench location.
The permit fee shall be $10.
A certificate of insurance evidencing that the applicant has
in force and will maintain during the term of the permit public liability
insurance of not less than $100,000 for any one person, $300,000 for
any one accident and $50,000 for property damage is required.
Before a permit for excavating or opening will be issued, the
applicant must execute and deposit with the Clerk-Treasurer an indemnity
bond in the sum of $200 per opening. Said bond shall be conditioned
upon applicant's filling up and placing in good repair and safe
condition all excavations and openings made under the permit and his
replacement and restoring of the pavement and/or natural surface as
near as can be to the state and condition he found it before he made
such openings and excavations.
Every permittee shall enclose each opening which he may make
in the streets or public ways of the Village with sufficient barricades
and barricade lights in order to warn the traveling public.
The permittee shall comply with all Village Board rules and
regulations governing excavation, refilling and repaving and shall
be responsible for any costs incurred by the Village. The permittee
shall notify the Director of Public Works when repaving has been completed.
In the event caving occurs within one year of the completion of the
project, the permittee shall be responsible for restoring the street.
In the event of an emergency, any person owning or controlling
any sewer, conduit or utility in or under any street 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 shall immediately notify the Village
President, Director of Public Works, or Clerk-Treasurer and shall
apply for an excavation permit not later than the end of the next
succeeding business day.
The provisions of this article shall not apply to excavation
work done under the supervision of the Director of Public Works by
Village employees or contractors performing work under contract with
the Village necessitating excavation in Village streets.
The penalty for violation of any provision of this article shall be a penalty as provided in §
1-3 of the Code of the Village of Hollandale. A separate offense shall be deemed committed on each day on which a violation of this article occurs or continues.