[HISTORY: Adopted by the Village Board of the Village of Grafton as Title 11, Ch. 11.16, of the 1979 Code; amended in its entirety 7-17-2017 by Ord. No. 005-2017. Subsequent amendments noted where applicable.]
No person shall, for any purpose, make or cause to be made any excavation in any street, alley, highway, sidewalk or other public way without first obtaining a permit therefor from the Director of Public Works.
[Amended 12-18-2017 by Ord. No. 013-2017]
Street opening (damaging pavement): $300.
Opening curb, alleyway, walkway or parkway: $100.
Perform work/labor or deposit excavation material or construction material within a public right-of-way: $50.
Failure to obtain a permit before work begins: triple fees.
Fee for public utility right-of-way: $100.
Before a permit may be issued for making any excavation or opening in any street or public way, the applicant shall execute and deposit with the Director of Public Works an indemnity bond in the sum of $1,000, conditioned that he/she will indemnify and save harmless the Village and its officers from all liability for accidents and damage caused by any of his work, or by any unfaithful, imperfect or inadequate work done by virtue of his permit or for any other reason, and that he/she will replace and restore the pavement over any opening he/she may have made to as good a state and condition to the satisfaction of the Director of Public Works for one year, and that he/she will pay all fines imposed upon him/her for any violation of any rules or regulations governing street openings and drain laying adopted by the Village Board. Such bond shall also guarantee that, if the Village elects to make the street repair, the person opening the street will pay all costs of making such repair and of maintaining the repair for one year. Recovery on such bond for any accident, injury, violation of law, ordinance, rule or regulation shall not exhaust the bond but it shall cover any and all accidents, injuries or violations during the period of excavation for which it is given. An annual bond may be given under this chapter covering all excavation work done by the principal for one year, which shall be conditioned as specified in this section and in the amount determined annually by the Department of Public Works as necessary to adequately protect the public and the Village.
Prior to the commencement of excavation work, a permittee must furnish the Director of Public Works satisfactory written evidence that he/she has in force and will maintain during the life of the permit and the period of excavation, public liability insurance of not less than $100,000 for one person, $300,000 for one accident and property damage insurance of not less than $50,000.
No opening in the streets or sidewalks for any purpose will be permitted when the ground is frozen, except where necessary as determined by the Director of Public Works.
In opening any street or other public way, all paving materials shall be removed with the least possible loss of, or injury to, surfacing material and, together with the excavated material from trenches, shall be placed so as to cause the least practicable inconvenience to the public and permit free flow of water along gutters.
Every person shall maintain around any excavation or building material or other obstruction in the street or public ways, from sunset to sunrise, sufficient lights to warn operators of vehicles and pedestrians of the presence of such excavation or obstruction. Barricades and lights are to be placed at each end of the opening or obstruction in the street or way, and other lights are to be placed at intervals of 10 feet. All necessary precautions shall be taken to guard the public effectually from accidents or damage to persons or property during 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 costs of any appeal that may result from the neglect by his employees or himself of any necessary precaution against injury or damage to persons, vehicles, or property of any kind.
In opening a trench on any street or right-of-way, the bituminous pavement, base course, sidewalk, curb and gutter, grassy parkway must be removed and replaced back to the original or better condition. All bituminous edges shall be finish saw cut prior to placing four-inch minimum bituminous pavement. This shall be done in two consecutive lifts. All rubbish shall be immediately removed, leaving the street or sidewalk in perfect repair, the same to be so maintained for a period of one year. In refilling the opening, the earth must be puddled or laid in layers not more than nine inches in depth and each layer rammed or tamped to prevent after-settling. When sides of the trench will not stand perpendicular, sheathing and braces must be used to prevent caving. The Village may elect to have the Department of Public Works make the pavement repair for any street or sidewalk opening, in which case the cost of making such repair and of maintaining it for one year shall be charged to the person making the street opening.
When any excavation is made in a permanently paved road or street, or in any road or street which is to be permanently paved, all clay or hardpan must be removed and the excavation entirely backfilled with sand or gravel thoroughly wet and consolidated. Any tunnel dug in such road or street shall be backfilled with concrete in a manner approved by the Director of Public Works.
In the event of an emergency, any person owning or controlling any sewer, water main, conduit or utility in or under any street and his agents or 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 shall apply for an excavation permit not later than the end of the next succeeding business day and shall not make any permanent repairs without first obtaining an excavation permit under this chapter.
The provisions of this chapter shall not apply to excavation work under the direction of the Director of Public Works by Village employees or contractors performing work under contract with the Village necessitating openings or excavations in Village streets.