[Adopted 3-2-1964 as Ch. 14, Art. IV of the 1964
Code of Ordinances]
[Amended 1-6-1975 by L.L. No. 2-1975; 5-5-1975 by L.L. No. 8-1975; 6-30-1975 by L.L. No. 11-1975; 6-14-1983 by L.L. No. 12-1983]
No person shall alter or disturb the grade of
any street, sidewalk, highway or public place within the Village,
nor shall any person in any way open, break or disturb the surface
of any road, street, sidewalk, highway or public place in said Village
or dig or excavate any such street, road or highway until such person
shall first obtain from the Village a permit therefor, signed by the
Village Clerk-Treasurer, which permit shall be granted upon payment
to the Village Clerk-Treasurer. Said permit fee shall be as set by
the Board of Trustees by resolution of a majority vote of its members
present at a Board meeting.[1]
[1]
Editor's Note: The fee schedule is on file
in the Village offices.
[Amended 11-4-1985 by L.L. No. 13-1985]
A.
Every application for a permit, as herein provided,
shall be in writing and signed by the applicant, and it shall be the
duty of the Clerk-Treasurer of the Village to have printed forms on
which application can be made, which forms shall contain a provision
that in consideration of the granting of the permit, the applicant
shall defend and keep harmless the Village from all damages caused
by the negligence of such applicant in making such excavations or
in properly guarding the same or in causing the said roadway to be
restored to its proper condition or any other act by applicant.
B.
A public liability insurance policy to cover liability,
if any, arising out of operations under permits, indemnifying the
Village of Cedarhurst, its officers and employees, as the insured,
in an amount not less than $1,000,000 for bodily injuries, each occurrence;
and $50,000 property damage, each occurrence, $100,000 aggregate.
[Amended 1-6-1975 by L.L. No. 2-1975; 11-17-1975 by L.L. No. 23-1975; 12-6-1976 by L.L. No. 19-1976; 11-4-1985 by L.L. No. 13-1985; 1-5-2009 by L.L. No.
1-2009]
There shall be deposited with the Clerk-Treasurer the sum of $1,000, in cash or by certified check payable to the Incorporated Village of Cedarhurst, for each opening up to six feet in length by six feet in width, to be held by the Clerk-Treasurer as security for the restoration of the street as per specifications of the Village of Cedarhurst, and upon such restoration said sum shall be returned to said licensee, subject to § 224-21.
[Amended 12-6-1976 by L.L. No. 20-1976; 11-4-1985 by L.L. No. 13-1985; 1-5-2009 by L.L. No.
1-2009]
A public utility operating within the Village
shall be required to post a surety bond in the amount of the cost
of the project, such bond to remain in effect until final approval
of the project by the Village. The bond shall be a standard street
opening obligation as prescribed by the New York State Insurance Department.
No permit issued in pursuance of this article
to any person shall be construed to relieve any applicant for such
permit of the duty to properly guard any such excavation by guardrails,
signal lights or such other means as may be necessary to warn travelers
on the highway of the danger to be apprehended from such excavation,
nor shall any permit be construed in any manner to make liable the
Village for any negligence of such applicant in making such excavation.[1]
[1]
Editor's Note: Former § 224-20,
Works to be supervised by Superintendent of Public Works, which immediately
followed this section, was deleted 12-6-1976 by L.L. No. 21-1976.
Each and every permit issued in pursuance of
this article shall be at all times in the personal possession of the
parties actually prosecuting the work.
[Amended 12-6-1976 by L.L. No. 22-1976; 11-4-1985 by L.L. No. 13-1985; 1-5-2009 by L.L. No.
1-2009]
In the event of the failure of the applicant to restore properly any pavement disturbed by him or her, within 10 days after written notice to such applicant from the Village, said pavement may be restored by the Village, and the costs thereof, including the costs of erecting and maintaining barriers and barricades about such opening pending the restoration, shall be charged against such applicant. The security deposited under § 224-17 shall be applied toward the cost, and the applicant shall remain liable for the balance of the cost. This section shall in no way relieve the applicant from his or her duty to restore properly any pavement disturbed by him or her.
[Added 1-15-1967; amended 12-6-1976 by L.L. No. 23-1976; 11-4-1985 by L.L. No. 13-1985; 10-6-1997 by L.L. No.
9-1997]
In addition to the foregoing sections of this article, the failure on the part of the applicant to restore properly within a reasonable time, as required by the Village, the grade of any street, sidewalk, highway or public place disturbed or altered by or caused to be disturbed or altered by the applicant shall constitute an offense and such applicant shall be liable to a fine set in accordance with Chapter 1, Article III, General Penalty.
