[Adopted 10-9-1952 as Part III, Ch. 9, of Ord. No. 32]
No person or corporation shall open any street, sidewalk or other public place in the Village of Hewlett Harbor without previously obtaining and thereafter holding unrevoked a permit thereof and without paying the fee and furnishing the deposit or security provided by this Code.
[Amended 5-12-1960 by Ord. No. 64; 11-10-2016 by L.L. No. 10-2016]
Such permit shall be issued by the Village Clerk, or such other person as may be designated by the Board of Trustees for such purpose, and shall contain such conditions relating to the time and manner of making the opening, the protection to the persons who might be injured thereby and the restoration of the property after the completion of the work as he may determine. Permits granted under this section shall be valid for a period of not more than 120 days from the date of issuance. A permit may be extended for a period of not more than 60 days, upon a showing of proper cause or need, with a renewal fee of 50% of the original permit fee. After the expiration of the 180 days, said permit shall be closed, and the deposit and/or fee as hereunder required shall be forfeited to the Village.
[Amended 1-9-1958 by Ord. No. 54; 5-12-1960 by Ord. No. 64; 7-11-1985 by L.L. No. 3-1985; 12-14-2006 by L.L. No. 5-2006]
A. 
Deposit or bond. In addition to any other requirement of this article and except as is otherwise provided by law, no permit shall be issued under this article unless and until the applicant shall provide to the Village Clerk a cash deposit, in an amount which shall constitute the Village Engineer's best estimate of a sum equal to 150% of the actual out-of-pocket expense necessary for the Village or its hires to restore the area of the street, sidewalk or other public place affected by the work undertaken in reliance upon the permit to the same and proper condition it was in prior to the work done. In lieu of a deposit, applicant may provide the Village with a performance bond that shall remain in effect during the entire period from the date of issuance of the permit until the date that permittee receives notice from the Village Engineer that there has been final and proper restoration of the street or other public place affected by the work undertaken in reliance upon the permit. Said performance bond shall be in a form, contain such acknowledgements, and be written by a surety company acceptable to the Village Attorney. It shall set forth a penal sum constituting the Village Engineer's best estimate of 150% of the actual out-of-pocket expense necessary for the Village or its hires to restore the street, sidewalk or other public place affected by the work undertaken in reliance upon the permit to the same and proper condition it was in prior to the work done. It shall unconditionally bind such surety unto the Village to promptly perform permittee's obligation to undertake and faithfully complete such restoration in the event that permittee shall fail to do to so within the time limits therefor, as set forth within Subsection B immediately below. Specifically, it shall unconditionally bind such surety to perform restoration work required under this article in permittee's stead, at its own expense, and expend its own funds for that purpose, up to the penal sum designated in said performance bond.
B. 
Time limit. Any street of other public place that has been opened or otherwise affected pursuant to work authorized by a permit issued under this article shall be restored by permittee at permittee's sole expense, to the same and proper condition it was in immediately prior to the work done, within 45 days after the date that the permit is issued, except that the Village Engineer may issue successive thirty-day extensions in writing upon the permittee's written request, provided that such request is received prior to the expiration of the time limit then in effect, and provided that any extension of time shall be granted only for good cause shown. In the event that the time limit has expired and no extension has been granted, the Village Engineer may revoke the permit and utilize funds derived from the deposit or from the enforcement of the performance bond to effect such restoration.
If the Board of Trustees shall determine that the restoration has been properly completed, the Board of Trustees shall direct that the deposit be returned to the applicant. In case the Board of Trustees shall determine that the restoration has not been properly completed, or has been unduly delayed, the Board of Trustees may authorize the work to be done by Village force or otherwise and apply the deposit to the cost thereof. Any excess shall be returned to the applicant, but the applicant shall be liable to the Village for any deficiency.
In case of a public utility corporation, the Board of Trustees may, in lieu of the foregoing deposit, accept the continuing bond or undertaking of a surety company approved by the Board of Trustees, in an amount fixed by the Board of Trustees, which bond or undertaking shall provide for the application thereof in the same manner as hereinbefore provided in the case of the deposit.
Every applicant, by applying for and accepting a permit and by undertaking the work, expressly agrees to protect, indemnify and save harmless the Village and its officers and agents from any and all liability or claim of liability and from any and all cost and expense in relation thereto, including counsel fees, in any way arising out of the work.
[Added 7-8-2004 by L.L. No. 3-2004]
Notwithstanding any other provision of this article, no permit to use, grade, or open any street shall be issued to any person or entity within five years after any such street improvement or repair of the area to be opened unless such person demonstrates that such work could not reasonably have been anticipated prior to or during such improvement or repair. Notwithstanding the foregoing, the Board of Trustees may issue a permit to open a street within such five-year period upon a finding of necessity therefor, subject to such conditions as the Board may establish in such case, including appropriate guarantees, against the deterioration of the restored pavement.