[Amended 5-23-1994 by L.L. No. 12-1994]
No person shall open or cause to be open by cutting or digging the surface or soil in any street, highway or public place in the village for any purpose whatever without first securing the written consent of the Superintendent of Public Works and paying to the Village Clerk the security deposit prescribed in § 155-16, or without complying with the provisions of this article. Further, there shall be a fee for a permit as set forth by resolution of the Village Board of Trustees in the Master Fee Schedule, which may be amended from time to time.
[Amended 8-9-1993 by L.L. No. 15-1993; 5-23-1994 by L.L. No.
12-1994]
There shall be a security deposit to be deposited
with the village, which amount shall be set forth by resolution of
the Village Board of Trustees in the Master Fee Schedule, which may
be amended from time to time. Upon certification from the Superintendent
of Public Works that such permittee has duly performed the terms and
conditions of such construction or reconstruction specifications,
the village will refund the security deposit, less expenses incurred
by the village directly related to the project.
A.
Permits. Public service corporations shall obtain a separate permit for each opening, as required by § 155-15 from the Superintendent of Public Works, for street openings and pay a fee therefor as set forth by resolution of the Village Board of Trustees in the Master Fee Schedule, which may be amended from time to time, conditioned upon the proper opening and restoration of highways in accordance with the specifications referred to in § 155-18 and the payment to the village, upon demand, of any cost and expenses incurred by it in restoring any highway or public place opened by such corporation and saving the village, its officers and servants harmless from any loss, injury or damage due to opening highways or public places or to any negligence or fault of such corporation, its servants or agents, in connection therewith.
[Amended 8-9-1993 by L.L. No. 15-1993[1]]
B.
Emergencies. In cases of emergency, due to breakage
of pipes or similar occurrences, openings may be made before obtaining
the permit, but the permit must be obtained as soon as practicable
and in every case not more than 24 hours from the time of making the
opening or on the first day thereafter that the office of the Superintendent
of Public Works is open.
All openings made pursuant to this article shall be made and all streets, surfaces and pavements restored by the permittee holding a permit required by § 155-15, in accordance with specifications for the same approved and adopted by the Village Board of Trustees on June 27, 1966, and any amendments thereto that may thereafter be approved and adopted by the Village Board of Trustees, which specifications as amended shall be kept on file in the office of the Village Clerk.
[Amended 4-22-1985 by L.L. No. 9-1985]
The deposit paid pursuant to § 155-16 shall be retained by the Village Clerk as security for the faithful performance by the permittee holding a permit required by § 155-15 of each and all of the terms and conditions of the specifications referred to in § 155-18, and 50% of the security deposit shall be returned to the permittee upon his or her furnishing the certificate of the Superintendent of Public Works that such permittee has duly performed the terms and conditions of such specifications.
Upon default by a permittee holding a permit required by § 155-15, the security deposit referred to in § 155-16 shall be used by the village to remedy such default and any conditions created thereby, and any balance remaining after such default has been remedied shall be returned to the person in whose name the permit was originally issued upon the Superintendent of Public Works certifying to the Village Clerk that the default has been remedied.
