Village of Lancaster, NY
Erie County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Lancaster 3-9-1964 as Article III of the Plumbing Code (Ch. 73 of the 1976 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Nuisances — See Ch. 221.
Streets and sidewalks — See Ch. 297.

§ 139-1 Permission required.

No person, firm or corporation shall open or cause to be opened, by cutting or digging, the surface, pavement or soil in any street, highway or public ground in the Village of Lancaster without first securing the written consent of the Board of Trustees or other authorized Village official, and paying the following prescribed fees therefor, or without complying with the following provisions and conditions relating thereto.

§ 139-2 Fees.

[Amended 6-29-1976 by L.L. No. 11-1976]
The fees for street openings shall be as set forth in Ch. 144, Fees, of the Code of the Village of Lancaster.

§ 139-3 Guarding excavations.

Any person, firm or corporation making or causing to be made any excavation in the streets, highways or public grounds of the Village of Lancaster shall properly guard or barricade such excavation at all times, and install and maintain at night proper and sufficient red lights or flares to warn travelers, and shall restore the highway to its former usefulness, according to § 139-4.

§ 139-4 Restoration of pavement.

All excavated materials shall be removed, following which all openings shall be carefully backfilled for their entire length, width and depth in the street area, including the area between the curb and the property line, with crushed gravel or crushed stone, well tamped. Additional crushed gravel or crushed stone shall be added by the permittee as long as any settlement occurs, following which the pavement will be restored by the Village of Lancaster if necessary.

§ 139-5 Public service corporations.

A. 
Public service corporations may, in lieu of paying the fees established in § 139-1, file with the Village Clerk a bond to be approved by the Village Attorney as to the form, amount and sufficiency of sureties, conditioned upon the proper restoration of highways and public places in accordance with the directions of the Superintendent of Public Works and to his satisfaction; the payment to the Village, upon demand, of any costs and expenses incurred by said Village; and the saving of the Village of Lancaster, its officers and employees harmless from any loss, injury or damage due to opening highway or public places or due to any negligence or fault of such corporations, their employees or agents, in connection therewith.
B. 
All persons, firms or corporations engaged within the Village of Lancaster in the telephone, gas or electric business, or any other business the nature of which would require or result in frequent applications for permits to make constructions or excavations in the streets or highways of the Village, shall not, however, be required to obtain separate permits, but in all such cases a general bond shall be given in lieu of any permit, indemnifying the Village of Lancaster from any and all loss, cost or damage, as aforesaid, resulting or arising directly or indirectly at any time from any act done by said public service corporation. Said bond shall be in the amount of $20,000 and shall be renewed annually, or as long as such person, firm or corporation continues to do business within the Village of Lancaster.
C. 
Excavations made by a public service corporation must be backfilled by it with crushed gravel or crushed stone, in accordance with the provisions of § 139-4 of this chapter, except that the pavement must be restored by and at the expense of the said corporation.

§ 139-6 Restrictions on applications.

Applications for making an excavation in or upon any public street, avenue or other public place within the Village of Lancaster will be accepted only if they are made by:
A. 
A plumber licensed to do business within the Village of Lancaster and having on file with the Village Clerk a ten-thousand-dollar bond as required by the Plumbing Ordinances of the said Village.[1]
[1]
Editor's Note: See Ch. 244, Plumbing.
B. 
A public service corporation having on file with the Village Clerk a bond as required in § 139-5 of this chapter.

§ 139-7 Supervision of work.

All work done pursuant to this chapter shall be done and performed subject to the supervision and approval of the Superintendent of Public Works or his authorized agent.

§ 139-8 Penalties for offenses.

[Added 6-29-1976 by L.L. No. 10-1976]
Any person committing an offense against any provision of this chapter shall, upon conviction thereof, be punishable as provided in Chapter 1, General Provisions, Article II, Penalties for Offenses, of the Code of the Village of Lancaster.