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Utility Permit Application

Permit application for Streets, Sidewalks, and Other Public Places – Chapter 82.  Permit required for any opening or excavation in any public street, public alley, public way, public ditch, public ground, public sidewalk or Village owned/controlled easement within the Village.  (Also applies to utilities).  Complete plans must be submitted and approved prior to beginning any construction. When work involves state roadways, additional detail will be required for submittal of permit to governing agency.

Applicant Information

Location & Project Information

Identify the location of each opening (applications may be made for multiple openings on one application form (add attachments if necessary to adequately describe location):

Multi choice
Estimated Start Date
Estimated Restoration Date

Acknowledgement, Ordinances, and Fee's

The applicant understands and agrees that the permitted work shall comply with all permit provisions and special provisions and that they are responsible for repairing the street (or other surface) to grade and conditions to Village standards (see Chapter 82 of the Village Code), and if not satisfactory, the applicant agrees to reimburse the Village for any additional costs incurred by the Village to return the street (or other surface) to satisfactory condition.  Applicant agrees to indemnify, defend, and hold the Village and its trustees, employees, agents, contractors, and representatives harmless from and against all losses, liabilities, claims, fees, actions, litigation, (all including reasonable attorney’s fees incurred by the Village) arising from or relating to any work performed in connection with, related to, or pursuant to this permit application.

Sec. 82-1.  Penalty.

Any person who shall violate any provision of this chapter or any order, rule or regulation made under this chapter shall be subject to a penalty as provided in section 1-11.

Sec. 82-6.  Street and sidewalk excavations and openings.


(a)   Permit required.  No person shall make or cause to be made any excavation or opening in any street, alley, highway, sidewalk or other public way within the village without first obtaining a permit from the

clerk. 


(b)   Fee.  The fee for a street opening shall be as established in chapter 62 and shall be paid to the treasurer, who shall issue his receipt. 


(c)   Bond.   


(1)   Before a permit for excavating or opening any street or public way may be issued, the applicant shall execute and deposit with the clerk an indemnity bond approved by the president in the sum of $10,000.00, conditioned that he will indemnify and save harmless the village and its officers from all liability for accidents and damage caused by any of the work covered by his permit; fill up and place in good and safe condition all excavations and openings made in the street and will replace and restore the pavement over any openings he may make as near as can be to the state and condition in which he found it; keep and maintain the pavement in such condition, normal wear and tear excepted, to the satisfaction of the street commissioner for a period of one year; pay all forfeitures imposed upon him for any violation of any rule, regulation or ordinance governing street openings or drain laying adopted by the board; and will repair any damage done to the existing improvements during the progress of the excavation in accordance with the ordinances, rules and regulations of the village. Such bond shall also guarantee that if the village shall elect to make the street repair, the person opening the street will pay all costs of making such repair and of maintaining the street for one year.


(2)   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.


(3)   An annual bond may be given under this section covering all excavation work done by the principal for one year beginning January 1, which shall be conditioned as specified in this subsection and in the amount determined by the board as necessary to adequately protect the public and the village.

(d)   Insurance.  Prior to the commencement of excavation work, a permittee shall furnish the clerk satisfactory written evidence that he has in force and will maintain during the life of the permit and the period of excavation a public liability insurance policy with limits not less than the amounts specified in chapter 62. 


(e)   Regulations governing street and sidewalk openings.   


(1)   Frozen ground.  No opening in the streets or sidewalks for any purpose shall be permitted when the ground is frozen except where necessary as determined by the street commissioner. 


(2)   Existing underground utilities.  Any person opening any street, alley, highway, sidewalk or other public way within the village shall notify the street commissioner; all telephone, gas, electric, water and sewer utilities; and others who maintain underground utilities; sufficiently in advance of the proposed construction so that they may locate, uncover or disclose such work. 

(3)   Protection of public.  Every person shall enclose with sufficient barriers each opening which he may make in the streets or public ways of the village. All machinery and equipment shall be locked or otherwise effectively safeguarded from unauthorized use when not being used by the permittee, his agents or employees. Red lights or torch lamps shall be kept burning from sunset to sunrise, one red light or torch lamp to be placed on each end of the opening in the street or way and other lights sufficient in number and properly spaced to give adequate warning. Except by special permission from the street commissioner, no trench shall be excavated more than 250 feet in advance of pipe laying nor left unfilled for more than 500 feet where pipe has been laid. All necessary precautions shall be taken to guard the public effectually from accidents or damage to persons or property through 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 cost of any appeal, which may result from the neglect of such person or his employees, of any necessary precaution against injury or damage to persons, vehicles or property of any kind. 


(4)   Removal of paving.  In opening any street or other public way, all paving and ballasting materials shall be removed with the least possible loss of or injury to the 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. Hot mix or cold mix bituminous, heavy oil treated surfaces or concrete pavements shall be saw cut through the pavement or street surface around the perimeter of the excavation. All materials removed from the excavation not suitable for backfill shall be immediately removed from the site. 

(5)   Replacing street surface.  In opening any street or sidewalk, the paving materials, sand, gravel and earth or other material moved or penetrated and all surface monuments or hubs must be removed and replaced as nearly as possible to their original condition or position and in the same relation to the remainder as before. Any excavated material which in the opinion of the street commissioner is not suitable for refilling shall be replaced with approved backfill material. All rubbish shall be immediately removed, leaving the street or sidewalk in perfect repair, to be so maintained for a period of one year. In refilling the openings, the earth must be puddled or laid in layers not more than six inches in depth and each layer rammed, tamped or flushed to prevent after-settling. When sides of the trench will not stand perpendicular, sheathing and braces must be used to prevent caving. No timber, bracing, lagging, sheathing or other material shall be left in any trench. The village may elect to make the pavement repair for any street or sidewalk opening in which case the cost of making such repair and maintaining it for one year shall be charged to the person making the street opening. All bituminous pavements (hot or cold mix) shall be replaced with hot mix bituminous; concrete pavements shall be replaced with air entrained concrete, minimum compressive strength of 3750 psi at 28 days; oil-coated street surfaces shall be replaced with cold or hot mix bituminous. 


(f)   Excavation in new streets limited.  Whenever the board determines to provide for the permanent improvement or repaving of any street, the street commissioner shall notify in writing each person, utility, village department or other agency owning or controlling any sewer, water main, conduit or other utility in or under the street or any real property abutting the street, that all such excavation work in such street must be completed within 30 days. After such permanent improvement or repaving, no permit shall be issued to open, cut or excavate the street for a period of five years after the date of improvement or repaving unless in the opinion of the street commissioner an emergency exists which makes it absolutely essential that the permit be issued. Thereafter, such street may be broken or cut into only upon written permission of the board. 


(g)   Emergency excavations authorized.  In 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 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 hereunder.    (Code 1990, § 8.03; Ord. No. 01-2008, 3-4-2008)

Please select the proper Utility Permit Fees:

Standard Service Line Crossing Right-of-Way
$100
Lateral Installation parallel to street, up to 500 feet in total length
$150
Major Installation of 500 feet or more in length
$250
Escrow-If none on file with Village of North Hudson per prior agreement.
$500
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