[Ord. No. 7, § 1, 8-24-1953; Ord.
No. 7, § 1, 8-24-1953; L.L. No. 7-1997, §§ 1 and 2]
(a)
No removal of the pavement or disturbance of the surface of any street
for the purpose of making sewer connections or repairing sewers or
pipes or laying down gas or water pipes, steam pipes or electric conduits,
cables or ducts or introducing the same into buildings or placing
building materials, tar kettles, compressors, sidewalk fences or sidewalk
bridges or crossing the sidewalk other than usual use or for any purpose
whatever shall be made until a permit is first had from the Village
Clerk after application to and approval by the Street Commissioner.
(b)
Said Commissioner shall require, before approving a permit and as
a condition therefor, the deposit with the Village Clerk of such sum
of money or other security as, in the Commissioner's judgment,
may be sufficient to pay the cost of property backfilling an excavation
and relaying the pavement removed, together with the expense of the
inspection thereof and the expenses incidental to the issuing of the
permit and the making of refunds thereon. In case of an emergency
arising out of office hours at night, on Sunday or on legal holidays,
when immediate excavation may be necessary for the protection of public
or private property, the same shall be reported to the Police Department
which may grant permission to make the necessary excavation upon the
express condition that an application be made in the manner provided
in this Article at or before 12:00 noon on the next following business
day.
(c)
No power equipment (steam shovel, power shovel, power excavator,
backhoe or the like) may be used in excavating cross trenches on any
street. Such trenches must be excavated either by hand or with the
aid of pneumatic tools such as paving breakers, pneumatic spades and
the like and the material shoveled out or removed manually. Not more
than 1/2 of the width of a street may be opened at one time. Whenever
any portion of the pavement in any street shall have been removed
for any of the aforesaid purposes, the trench or cut shall be backfilled
for a depth of at least two feet over the top of the pipe, conduit,
cable or duct with clean earth or sand carefully deposited in uniform
layers not exceeding six inches in depth, each layer to be carefully
and solidly tamped with pneumatic tools in such a manner as to avoid
injuring or disturbing the completed work. Backfilling for the remainder
of the trench or cut as excavated shall be with approved earth fill
free from organic matter and containing no stones over six inches
in their largest dimensions. Stones which are used in backfilling
shall be distributed through the earth backfill so that all interstices
are filled with fine material. All backfilling shall be deposited
in layers not exceeding six inches in depth and each layer shall be
solidly tamped with pneumatic tools. Such backfilling of the trench
or cut shall be completed by the person or corporation by whom or
at whose direction the pavement and fill was removed within 48 hours
after the completion of the work which made necessary the cut and
excavation and immediately thereafter the pavement shall be relaid
in the manner and with materials satisfactory to the Street Commissioner.
Sheathing and bracing shall be used when the excavation or opening
is six feet or more in depth. Sheathing and bracing shall be cut off
one foot below the surface of the pavement and left in place when
the opening is refilled.
(d)
Upon the certification of the Commissioner that the backfilling has
been satisfactorily completed and the pavement satisfactorily relaid,
the money so deposited as security shall be refunded to the depositor.
(e)
If such backfilling shall not be done in accordance with the provisions
of this section or if such pavement shall not be relaid in the manner
and with materials satisfactory to the Street Commissioner, the said
Commissioner may cause a notice in writing to be served upon the person
or corporation by whom the fill or pavement was removed or, if such
removal was for the purpose of making connection between any house
or lot with any sewer or pipes in the street or otherwise improving
any house or lot, upon the owner or occupant of such house or lot,
requiring such person or corporation, or the owner of such house or
lot, to have such backfilling properly done and to have such pavement
properly relaid within five days after service of such notice. Such
notice may be served upon the owner or occupant of a house or lot
by leaving the same with any person of adult age upon said premises
or by posting the same thereon. In case such backfilling shall not
be done or in case such pavement, or portion thereof, shall not be
relaid to the satisfaction of said Street Commissioner within the
time specified in such notice, it shall be lawful and authority is
hereby given to such Commissioner to have such backfilling done and
to have such pavement, or portion thereof, relaid and put in proper
order and repair, in such manner as he may deem best, on account of
the person or corporation by whom such excavation was made or such
pavement was removed, or from the owner of the premises for whose
benefit such excavation or such removal of pavement was made. In such
case, the Commissioner shall certify to the Village Clerk the cost
of the work done and the security deposited shall be forfeited to
the Village to the extent necessary to reimburse the Village for such
cost. Any excess of cost over the amount deposited shall be paid to
the Village, on demand, by the person or corporation by whom such
excavation or such removal of pavement was made, or by, the owner
of the premises for whose benefit the same was made, and if such sum
shall not be paid within 30 days after demand, the same shall become
a lien upon the premises for the benefit of which the excavation or
removal of pavement was made and shall be assessed against such premises
as an additional Village tax thereon.
(f)
The schedule of fees for permits described in this § 19-75 shall be established by the Board of Trustees by resolution adopted at a scheduled public meeting of the Board of Trustees. A list of such fees shall be maintained by the Village Clerk and Department of Public Works and shall be posted in the Building Department.
(g)
For the purposes of computing charges, the dimensions of each opening
shall be deemed to be the sum of the measured length plus two feet
multiplied by the sum of the measured width plus two feet.
(h)
In lieu of depositing a sum of money or security for each permit as set forth in § 19-75(b), an applicant may establish a permanent security fund by depositing a sum of money with the Village Clerk in an amount established by the Street Commissioner and approved by the Board of Trustees to be held by the Village as security for all such work performed by the applicant in the Village, or by providing a surety, performance or completion bond satisfactory to the Board of Trustees in a form as may be approved by the Village Attorney.
[Ord. No. 7, § 2, 8-24-1953]
(a)
Any person desiring to procure a permit as provided in this Article
shall file with the Street Commissioner at least 24 hours before the
time proposed to begin such work, a written application upon a blank
form prepared and provided by the Village.
(b)
Said application shall state the name, business or residence address
of the applicant, the name of the street, alley, sidewalk or other
public place in or under which it is desired to make the excavation
or opening, the purpose, size and location of the proposed excavation
or opening, and the name and business or residence address of the
person for whose benefit such opening is to be made and such other
information as the Street Commissioner and Village Clerk shall reasonably
require.
(c)
When required, the application shall be accompanied by a drawing
showing the location, character and dimensions of the proposed excavation
or opening for the installation of new work or the location and character
of the alterations involving the location of pipes, conduits, wires
or other conductors.
[Ord. No. 7, § 3, 8-24-1953]
No permit shall be granted until the applicant shall have agreed
in writing to indemnify the Village for any and all claims for damages
that may arise from such opening and, shall also have furnished a
suitable policy therefor, issued by a company approved by the New
York State Superintendent of Insurance in the following amounts: public
liability, personal injury, $100,000 single claimant; $300,000 single
accident; and public liability, property damage, $10,000 single claimant;
$25,000 single accident, together with a policy of workers' compensation
insurance for all employees.
[Ord. No. 7, § 4, 8-24-1953]
(a)
The Village Clerk shall prepare and keep a record of permits issued,
numbered in the order in which they were issued, stating the name
and address of the person to whom issued, location, nature, purpose
and extent of excavation or opening, time in which street is to be
restored, fee paid, and such other and further items as will enable
anyone to obtain a complete history of each permit from its issuance
to its termination.
(b)
The copies of the permits kept by the Village Clerk, if properly
bound, may be used as a basis for such record.
[Ord. No. 7, § 5, 8-24-1953]
(a)
Any person making or causing to be made an excavation or opening
in any street, alley, sidewalk or other public place within 10 feet
of the line of any street shall, between sunset and sunrise on every
night that the same remains open or danger exists therefrom, keep
such excavation or opening fenced and barricaded with substantial
barriers to secure public safety and at least two lighted red lanterns
placed so as properly to warn all persons of such excavations or openings
and all obstructions.
(b)
Whoever shall remove or interfere in any way with any such lantern
or other danger signal or any such barriers shall be guilty of a violation
of this section.
[Ord. No. 7, § 6, 8-24-1953]
(a)
The person to whom a permit is granted shall give notice in writing
thereof to any corporation whose pipes, mains or conduits are laid
in the street about to be disturbed by such excavation at least 24
hours before commencing the same, and shall, at his expense, sustain,
secure and protect such pipes, mains or conduits from injury and replace
and pack the earth wherever the same shall have been removed, loosened
or disturbed, under or around them so that they shall be well and
substantially supported.
(b)
If any person shall fail to sustain, secure or protect such pipes,
mains or conduits from injury, or to replace and pack the earth under
or around them as the provisions of this section require, then the
same may be done by the corporation to whom the same may belong and
the cost thereof and all damages sustained by such corporation thereby
shall be paid by such person, and in default thereof such corporation
may maintain an action against him therefor.
[Ord. No. 7, § 7, 8-24-1953]
(a)
Curb cuts for driveway approaches to garages built on any property
or for parking on property approved by the Village shall be made only
after permit for same shall have been procured from the Village Clerk
upon approval of the Street Commissioner.
(b)
In all cases, the method of cutting curb or dropping the curb shall
be approved by said Street Commissioner and shall be performed by
applicant under the Street Commissioner's inspection.
(c)
All curbs for driveway cuts shall be taken up and lowered and shall
be set in a six-inch concrete foundation with six inches of concrete
front and back of curb to hold said reset curb in vertical position.
A ramp for the driveway shall be made within the three-foot area immediately
adjacent to curb face. Normal sidewalk grade beyond said ramp shall
be maintained to the property line or side of street right-of-way.
The downward slope from property line to top of normal curb shall
be 3/4 inch per foot. Driveway ramps shall meet this sidewalk slope
line. Driveways from top of drop-curb to property line shall be constructed
of concrete, seven inches thick, the mixture of said concrete to be
one part Portland cement, two parts clean sharp sand and four parts
broken stone.
(d)
The fee for permit for cutting any curb shall be $5 for a maximum
width of 11 feet and $1 for each additional foot in width.
[Ord. No. 7, § 8, 8-24-1953]
No opening shall remain open and unfilled for a period longer
than five days, unless permission for a longer and stated period shall
be specifically given by the permit or shall thereafter be extended
by the Street Commissioner or the Village Clerk in writing.
[Ord. No. 7, § 9, 8-24-1953][1]
Any person who himself or itself or by his or its agent or employee shall violate any of the provisions of this Article or conditions of the permit issued or who, having had his permit revoked, shall continue such opening shall, upon conviction thereof, be subject to a penalty as prescribed in § 1-7; and each day on which such violation continues shall constitute a separate offense and such violation shall constitute disorderly conduct and the person so violating shall be a disorderly person.
