As used in this chapter, unless otherwise required by context, the following
terms shall have the meanings indicated:
LICENSEE
A person obtaining a license under this chapter, or his or its duly
authorized representative.
PERSON
Includes a firm, association and corporation.
VILLAGE
The Village of Pelham, New York.
No person shall open or cause to be opened by digging or excavating
the surface of any street or public place within the village for any purpose
whatsoever without first obtaining a license therefor from the Village Administrator.
A separate license shall be required for each such opening.
Any person desiring a license under this chapter shall make application
therefor to the Village Administrator. Each application shall contain the
name and address of the applicant, the location of the opening, the size and
purpose of the opening to be made and the maximum size of such opening, the
date or dates when the work is to be performed, the type of pavement or surface
to be opened and such additional information as the Village Administrator
may require.
Except as otherwise provided in §
33-8 of this chapter, no license shall be issued pursuant to the chapter until the applicant therefor shall have first filed with the Village Administrator, without cost to the village, satisfactory evidence of public liability insurance in an amount of not less than five hundred thousand dollars ($500,000.) for any one (1) person and not less than one million dollars ($1,000,000.) for any one (1) accident and property damage insurance in the amount of not less than twenty-five thousand dollars ($25,000.) for any one (1) accident and fifty thousand dollars ($50,000.) in the aggregate, to insure the village against any loss, injury or damage arising out of the granting of such license or from any negligence or fault of such applicant or his or its agents, servants or employees, in connection with said opening or with any work related thereto. Such insurance must remain in force throughout the effective period of the license and during the period of any authorized extensions thereof. Proof of workmen's compensation coverage for employees shall also be required.
No license shall be issued by the Administrator pursuant to this chapter
until the applicant therefor shall have first paid to the village a refundable
deposit and a nonrefundable permit fee, as established by the village by official
resolution.
All work relating to an opening licensed pursuant to this chapter shall
be performed by the licensee at the licensee's own expense and strictly in
accordance with applicable statutes, local laws and resolutions of the village,
regulations of the Administrator and such specifications as may be promulgated
by the Administrator or his duly authorized surrogate.
The Administrator shall have the authority to revoke or cancel any license
at any time should the licensee fail to comply with any of the terms, agreements,
covenants and conditions thereof.
A license issued pursuant to this chapter shall not be assigned or transferred
to a person other than the licensee, except upon the prior written consent
of the Administrator endorsed thereon.
Each licensee shall clean up and remove promptly from the site of the
opening, upon completion of the work, all surplus excavated material and debris
and shall leave the site of such opening in a neat and orderly condition.
Where topsoil, seeded areas or sod are disturbed in the course of the work,
the licensee shall restore the ground surface to its previous condition.
Any person or persons who shall commit an offense against this chapter shall be guilty of a violation pursuant to the Penal Law of the State of New York punishable by a fine or imprisonment as provided in Article
III of Chapter
1 of the Code of the Village of Pelham. The continuation of an offense under this chapter shall constitute a separate violation for each successive day, and the person or persons allowing or permitting the continuation of the offense may be punished as provided in Article
III of Chapter
1 of the Code of the Village of Pelham.
The provisions of Ordinance No. 2 of the Village of North Pelham, relating
to excavations and openings in public streets, sidewalks or public ground,
as last amended, is hereby repealed.
This chapter shall take effect immediately upon adoption and filing
with the Secretary of State of the State of New York.