[Adopted 4-7-1971 as Sec. G102 of the 1971 Code]
[Amended 10-10-2001 by L.L. No. 2-2001]
No person shall lower any curb or change the
grade of any sidewalk, street or road for the purpose of providing
a driveway across such sidewalk, without first having made application
to the Village Clerk, paying a fee as established from time to time
by resolution of the Board of Trustees[1] and obtaining a written permit signed by the Village Clerk
and Building Inspector. Such application shall be in writing accompanied
by a sketch or plan indicating the points on the property line at
which such driveway shall begin and end as measured from the nearest
street intersecting such curb or sidewalk.
No person shall leave or deposit any material
of any kind for building or other purposes in or upon any road, street,
highway, sidewalk (whether paved or unpaved) or other public place
in the Village of Munsey Park, or dig or cause to be dug for any purpose,
any excavation, trench or other opening in any road, street, highway,
sidewalk or other public place in said Village, or dig or remove or
cause to be dug or removed therefrom any earth, stone, sand, gravel
or any other material whatsoever, or tear up or damage any pavement,
sidewalk, crosswalk, drain, sewer, or any part thereof, or erect,
lay or cause to be erected or laid, any telegraph, telephone, light
or other poles or any drain, conduit or other pipe under, in, or over
any road, street, highway, sidewalk or other public place in said
Village, or move or cause to be moved any building or structure upon,
along or across any road, street, highway, sidewalk or other public
place without first having obtained from the Village Clerk a written
permit for that purpose, signed by the Village Clerk and the Building
Inspector. Such permit shall be conditioned upon said work being performed
in such manner that a sufficient and safe passageway for pedestrians
and vehicular traffic will be kept clear at all times, upon the proper
guarding of the same both by night and day so as to avoid accidents
and danger, and upon the complete restoration of said street, highway,
sidewalk or other public place to its original condition; provided,
however, that the Board of Trustees may, in its discretion, condition
the issuance of such permit upon the making and filing of a bond made
by the applicant, as principal, with an insurance company duly authorized
and licensed to do business in the State of New York, as surety, in
such amount as the Board of Trustees may direct, that the applicant
will hold harmless from and will indemnify the Incorporated Village
of Munsey Park for any and all injury, loss damage to person or property,
either of the Incorporated Village of Munsey Park or others, resulting
from or caused by any act or omission of the applicant, his agents,
servants or employees, or any contractor employed by the applicant.
Every permit for the opening of a road, street, highway, sidewalk
or other public place shall provide that the person making the opening
shall, as promptly as possible backfill or cause the same to be backfilled
and shall place thereon suitable temporary pavement which shall be
cared for and maintained by such person until such time as proper
settlement for the laying of permanent pavement shall have taken place,
such time not to exceed six months from the time when such temporary
pavement shall have been laid. The person making or causing the opening
to be made shall notify the Village Clerk when said opening has been
backfilled and temporarily paved and when the laying of permanent
paving has been completed.
[Amended 5-8-1985 by L.L. No. 3-1985; 10-10-2001 by L.L. No.
2-2001; 9-9-2009 by L.L. No. 3-2009]
B.
In addition
to the permit fee, the applicant shall deliver to the Village Clerk
a cash deposit to cover the cost of restoring the road, street, highway,
sidewalk, or public place to its condition before opening. The minimum
cash deposit shall be $1,500 and the maximum shall be $50,000, with
the exact amount to be determined by the Building Inspector to ensure
proper restoration by the Village.
C.
No deposit
shall be returned unless the work is completed to the satisfaction
of the Village.
[Amended 10-10-2001 by L.L. No. 2-2001]
If any person to whom a permit to open a road,
street, highway, sidewalk or public place in the Incorporated Village
of Munsey Park shall fail, neglect or refuse promptly to backfill
or cause any such opening to be backfilled and covered with temporary
pavement, such opening may be backfilled and covered by temporary
pavement by the Incorporated Village of Munsey Park and such person
shall pay for such backfill at the rate as established from time to
time by resolution of the Board of Trustees per cubic yard, and for
such temporary pavement at the rate as established from time to time
by resolution of the Board of Trustees per square yard; and if any
such person shall fail, neglect or refuse, within the time limited
by the permit issued to such person, to restore to its original condition
the surface of any such road, street, highway, sidewalk or public
place, the same may be restored by the Incorporated Village of Munsey
Park and such person shall pay for such restoration at the rate as
established from time to time by resolution of the Board of Trustees
for the first square yard and as established from time to time by
resolution of the Board of Trustees for each additional square yard
of surface restored.[1] If, after the opening shall have been properly backfilled
and the surface of the road, street, highway, sidewalk or public place
shall have been properly restored, there shall be a balance over and
above the amount of the deposit made as herein provided, then such
balance shall be returned to the person making such deposit; and if
the cost of backfilling and restoration of the surface shall exceed
the sum deposited, the excess shall be paid by such person.
[Amended 10-10-2001 by L.L. No. 2-2001]
In lieu of the deposit provided for in § 157-3 of this chapter, any gas, electric light, water, telephone, telegraph or other public service corporation may make, execute and deliver to the Incorporated Village of Munsey Park its bond, as principal, together with an insurance company duly authorized and licensed to do business in the State of New York, as surety, in the sum of $10,000, conditioned upon the proper backfilling of any and all openings in any road, street, highway, sidewalk or public place and the restoration of the surface thereof to the condition prior to such opening, and guaranteeing its maintenance for a period of one year after such restoration, such bond to be approved as to form and sufficiency of surety by the Board of Trustees before any permits shall be issued.
[Amended 10-10-2001 by L.L. No. 2-2001]
