[Adopted by Ord. No. V]
No person, firm or corporation, public service,
water, light or power company shall excavate in any street, highway
or sidewalk in the Village for any purpose without first obtaining
a permit from the Village Clerk as hereinafter provided.
[Amended 12-4-1978 by L.L. No. 6-1978; 11-3-1980 by L.L. No. 5-1980]
A.
Upon application, in writing, filed with the Village
Clerk, stating the purpose, extent and location and nature of a proposed
excavation or other disturbance of a street or highway in the Village,
the Village Clerk may grant or refuse a permit therefor. Except where
such excavation or disturbance shall be directly authorized by law,
the Village Clerk shall require the applicant to deposit with the
Village Clerk a sum of money which shall be deemed by him to be adequate
to pay all of the expenses to which the Village will be put to replace
the street, highway or sidewalk, pavement, curb or gutter in proper
condition. Every application for a permit hereunder shall be accompanied
by certificates of insurance, in a form approved by the Village Clerk
and issued by an insurance company authorized to do business within
the state, evidencing the existence of the following insurance coverage:
(1)
Comprehensive general liability insurance including
the Incorporated Village of Port Washington North as an additional
insured.
(a)
Said insurance shall provide minimum limits
of $500,000 personal injury per occurrence and $100,000 property damage
per occurrence, or a combined single limit of $500,000. The policy
shall also include coverage for completed operations and broad-form
property damage.
(b)
In addition, the policy shall contain a provision
that any aggregate limit contained in the policy shall not apply to
the additional insured Incorporated Village of Port Washington North,
or, in lieu thereof, a separate owner's protective policy shall be
issued or endorsed to the existing policy with the Incorporated Village
of Port Washington North as the named insured.
(2)
Worker's compensation insurance.
(3)
New York State disability benefits insurance.
B.
All evidence of insurance shall provide a thirty-day
notice of cancellation or change of coverage to be furnished to the
Incorporated Village of Port Washington North.
C.
In the event that any applicant is a self-insurer,
information regarding his insurance program should be submitted to
the Village. The applicant will be advised of the requirements of
the Village as determined by the Board of Trustees.
[1]
Editor's Note: Former § 143-3, Fees,
as amended 4-14-2003 by L.L. No. 1-2003, was repealed 6-14-2004 by
L.L. No. 4-2004.
No work shall be commenced under any permit
granted pursuant to this article unless or until such notice as shall
be directed by the Village Clerk shall have been given to public service
corporations having lines, mains or other property in the streets
for the protection of their property.
All excavations in streets or sidewalks shall
be surrounded by suitable barriers or guards for the protection of
persons using the streets in the daytime and, in addition thereto,
by lights or flares from twilight continuously until daylight. Such
barriers and lights shall conform in kind and numbers to the requirements
of the Village Clerk. Failure to provide barriers and lights conforming
to the requirements of the Village Clerk shall be prima facie evidence
of a failure to provide suitable barriers and lights.
All permits granted for Village street, highway
or sidewalk excavations for any purpose shall be conditioned upon
the adequate protection, at the expense of the applicant, to the property,
to the Village and to public service corporations. All excavations
shall be backfilled properly upon completion and a written notice
thereof given to the Village Clerk. All excavations shall be maintained
for six months after such notice of completion has been given.
[Amended 4-14-2003 by L.L. No. 1-2003]
Any person violating the provisions of this
article shall be liable to a fine or penalty of not more than $250
and/or 15 days' imprisonment for each offense.
This article shall be known and may be cited
as "An Ordinance Regulating Excavations in Streets or Highways in
the Incorporated Village of Port Washington North."
A.
No person shall leave or deposit any material of any
kind for building or other purposes in or upon any public road, street,
highway, parkway, sidewalk (whether paved or unpaved) or other public
place in the Village of Port Washington North, or remove or cause
or permit to be removed therefrom any earth, stone, sand or gravel,
or move or cause or permit to be moved any building or structure upon,
along or across any road, street, parkway, highway, sidewalk or public
place without first having obtained from the Village Clerk a written
permit for that purpose. 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 same both by night and day so as to avoid
accidents and danger, and upon the complete restoration of said road,
street, highway, parkway, sidewalk or public place to its original
condition.
B.
All such permits shall be issued for a period of one
year and may be renewed, at the discretion of the Village Clerk, for
additional periods of one year each upon the payment of a renewal
fee as set from time to time by resolution of the Board of Trustees.
[Amended 4-14-2003 by L.L. No. 1-2003; 6-14-2004 by L.L. No.
4-2004]
[Amended 4-14-2003 by L.L. No. 1-2003; 6-14-2004 by L.L. No.
4-2004]
Each applicant for a permit to move or cause to be moved any dwelling, house, barn, garage, outbuilding or other structure from one place to another upon, along or across any road, street, parkway, highway, sidewalk or public place in the Village of Port Washington North shall pay a fee as set from time to time by resolution of the Board of Trustees, in addition to meeting the requirement of posting the bond referred to hereafter in § 143-13 of Article I to secure the proper restoration and indemnity for liability from injury, loss or damage as specified therein, and shall also notify and secure the permission of the applicable public utilities organizations and other agencies having jurisdiction or interest therein.
If any person to whom a permit to open a street,
road, highway, parkway, sidewalk or public place in the Village of
Port Washington North shall fail, neglect or refuse promptly to backfill
or cause any such opening to be backfilled and covered with pavement
and restored to its original condition, such opening may be backfilled,
covered with pavement and restored to its original condition by the
Village of Port Washington North, and such person shall pay for such
backfill, pavement and restoration, and the Village Clerk may deduct
the amount of money necessary to discharge said payment from any moneys
deposited by the applicant with the Village Clerk, or if there be
not sufficient moneys on deposit, the Village may pursue such other
remedies as are provided by law.
The Village Clerk may, in his discretion, in
lieu of requiring a deposit of money from the applicant, condition
the issuance of any such permit provided for herein upon the making
of a bond, made by the applicant as principal, with the surety or
insurance company, duly authorized and licensed to do business in
the State of New York, as surety, in such amount as the Village Clerk
may direct, that the applicant will save and hold harmless from and
will indemnify the Village of Port Washington North from any liability
for any and all injury, loss or damage to person or property either
of the Village of Port Washington North or others, resulting from
any cause, by any act or omission of the applicant, his agents, servants,
employees, nominees or any contractor employed by the applicant or
the agents, servants, employees or nominees of such contractor. In
the event that the issuance of the permit was conditioned upon the
making and filing of a bond, and in the event an expired permit is
renewed for an additional period or periods, the said bond must be
similarly renewed, and the Village Clerk shall take such lawful steps
as are necessary on his part to effect such renewal of the said bond.
This article shall apply to all applicants for
permits hereunder, whether persons, unincorporated associations, partnerships,
private corporations, public agencies, public utilities, municipal
corporation and other types of instrumentality or organization.
