[Adopted 6-12-1929 by Ord. No. 10; amended in its entirety 3-16-1968]
[Amended 10-12-1979 by L.L. No. 14-1979]
A.
No person
or corporation shall dig or cause to be dug into, through or across
any street, alley, sidewalk or public grounds in the Village any trench,
ditch or other opening for any purpose, nor shall they discharge or
cause to be discharged any water into the streets without the written
consent of the Superintendent of Public Works. The Superintendent
of Public Works may impose reasonable conditions upon granting his
consent.
B.
The filing
fee for the permit shall be determined from time to time by resolution
of the Board of Trustees and shall be charged to any entity opening
up the streets, alleyways, sidewalks or other public grounds in the
Village. At the time the work is completed, it shall be repaired pursuant
to the specifications prepared by the Superintendent of Public Works
and the Village Engineer and under the supervision and direction of
the Superintendent of Public Works. The Superintendent of Public Works
in consultation with the Village Engineer may set a bond amount to
ensure that the repair work is done properly. The bond shall be submitted
in a form acceptable by the Village Attorney. The bond shall be held
for 90 days after the completion of the project to ensure all work
is completed satisfactorily.
[Added 7-5-2011 by L.L. No. 8-2011; amended 11-3-2011 by L.L. No.
10-2011]
C.
No permit shall be issued for an opening on any roadway which has been resurfaced by the Village of Westhampton Beach during a period of three calendar years previous to the application date. In the case of a newly constructed or reconstructed roadway, the time period shall be five years. The prohibitions stated in this Subsection C shall not apply to emergency applications or applications to install new gas connections to residential properties. When an application for an excavation permit is denied pursuant to this provision, the Superintendent shall send the applicant written notification of the denial and shall state the reason for denial.
[Added 2-6-2020 by L.L. No. 1-2020
D.
Each applicant
must file an insurance policy or certificate with the Superintendent
of Public Works insuring the Village of Westhampton Beach in the sum
of not less than $1,000,000 combined single limit.
[Added 2-6-2020 by L.L. No. 1-2020
[Amended 4-8-1988 by L.L. No. 9-1988; 2-6-2020 by L.L. No. 1-2020]
Any person, including an entity such as a corporation, company or partnership who violates this Article II shall be liable to the Village of Westhampton Beach for a civil penalty of not less than $1,000 nor more than $2,500 for every such violation, to be assessed by a court of competent jurisdiction. In addition, any such person shall be liable to pay the Village for the costs to inspect the site of the illegal road opening and bring the road into compliance with the standards of the Village's Superintendent of Public Works.
