Chapter 8 - Public Ways
Division 2 - Excavations
SEC. 8.2-1 PERMIT REQUIRED. Any person, firm, or corporation desiring to make any excavation in, on, or under any sidewalk, street, alley, or other public way, whether owned by the Town in fee, by easement or otherwise, shall first complete an application on forms available from the office of the Director of Public Works and shall file such completed application in the Director of Public Works office.
No person shall injure or tear up any pavement, sidewalk, or crosswalk, public way or any part thereof, dig any hole, ditch, or drain, or dig or remove any sod, stone, earth, sand, or gravel from, or dig, place, or construct any tunnel or drive, or bore for any pipe conduit, wire main or shaft in or under, any street, alley, sidewalk, or other public way in the Town, without having first obtained written permission from the Department of Public Works, given in accordance with the provisions of this Code or other ordinances of the Town.
SEC. 8.2-2 PERMIT FEE. For each and every permit issued for an excavation in any public right-of-way or public way there shall be collected a fee of ten dollars ($10.00).
SEC. 8.2-3 SECURITY REQUESTED. Before a permit shall be granted to any person to open any pavement, improved roadway, sidewalk, or alley, or excavate for any purpose any public right-of-way or public way other than a Subdivider who currently has a valid Subdivision Bond posted with the Town, said person shall place a cash deposit or performance bond, with the Town of Normal in the office of its Treasurer to cover the estimated cost of restoring said pavement, improved roadway, sidewalk, alley, or right-of-way, to as good a condition as before it shall have been so opened, with an additional sum as a margin for unforeseen costs and damages, all as determined by the Director of Public Works. The estimated cost determined by the Director shall include the excavated materials after the person obtaining the permit has removed the pavement, sidewalk, or other improvement and made the excavation; backfilling all excavated areas; and restoring the pavement, improved roadway, sidewalk, or alley to its original condition. When the excavation has been made and any utility involved has been connected and inspected, the person making the excavation shall notify the Director of Public Works to inspect the work done.
The cash deposit or Performance Bond shall be held by the Town as security until the Director of Public Works or Town Engineer certifies in writing that the work and restoration required under the permit have been completed and inspected. Upon receipt of said certification, and waivers of lien from all contractors and subcontractors who furnished labor or materials, the Treasurer shall refund the deposit less any amount thereof expended by the Town due to failure to promptly perform and complete restoration as required, and less inspection cost. (Amended 9/19/83)
SEC. 8.2-4 BOND OR INSURANCE POLICY REQUIRED. No permit shall be issued to any person permitting or allowing the obstruction, tearing up, removing, or repairing of any sidewalk, street, alley, other public place, or any part thereof, until the person making application for such permit shall first have executed to the Town a good and sufficient bond in the amount of one hundred thousand dollars ($100,000.00) with sureties to be approved by the Corporation Counsel, or filed evidence of general liability insurance in the amount of one hundred thousand dollars ($100,000.00) aggregate naming the Town as an additional insured. Provided however, the Public Works Director may require a bond or insurance in additional amounts where in his opinion the size, extent, location, or nature of the project involves greater risk or liability to the Town.
The condition of the bond shall be such as to indemnify, save, and keep harmless the Town from any and all loss, cost, damage, expense, or liability of any kind whatsoever, which the Town may suffer or which may be recovered against the Town from or on account of the issuance of the permit to obstruct, tear up, remove, or repair any sidewalk, street, alley, other public way or part thereof, and from or on account of any act or thing done by the permittee or permitted by the permittee, and from or on account of any negligence or omission of the permittee in the obstruction, tearing up, removal, or repairing of any sidewalk, street, alley, other public way or part thereof.
SEC. 8.2-5 DIRECTOR OF PUBLIC WORKS TO BE ADVISED OF TIME, PLACE, AND TYPE OF OPENING. The Director of Public Works shall not issue any permit for the opening of any street, alley, or public way by any person until the Director shall have been fully advised of the time, place, and the type of such opening and the purpose thereof.
SEC. 8.2-6 APPLICATION FOR PERMIT TO BE ACCOMPANIED BY PLAT OR SKETCH. All applications for permits under this Division shall be accompanied by a plat or pencil tracing or sketch showing the location, character, and dimensions of the proposed opening for the installation of new work or the location and character of the alternatives involving changes in the location of pipes, conduits, wires, or conductors, and submission of specifications for the installation.
SEC. 8.2-7 SUPERVISION AND INSPECTION OF WORK. All work done under the authority of a permit under the provisions of this Division shall be supervised and inspected by a Town Inspector to be designated by the Director of Public Works. Such supervision and inspection shall be done at the sole expense of the person securing such permit.