[Adopted 1-18-1994 by L.L. No. 2-1994]
No person or association of persons, municipal
corporation, public utility corporation (other than the Village of
Kings Point) or corporation shall open or dig up any Village street
or any private street which is open to public motor vehicular traffic,
or any street, road or highway or part thereof in and over which the
Village shall have jurisdiction or shall in any way alter any curbing,
gutters, gutter basins, drainage lines or other works within such
a street or highway for any purpose without a written permit from
the Village Clerk, to be known as a "street opening permit."
[Amended 11-27-2007 by L.L. No. 8-2007]
A municipal corporation and a public utility corporation may, in lieu of the deposit as required in § 134-26 hereof, execute and deliver to the Village an indemnity bond of a responsible surety company or, with the approval of the Board of Trustees, its personal corporate bond, in such sum as shall be established from time to time by resolution of the Board of Trustees for each street opening within the Village, guaranteeing the restoration of the streets and highways to Village specifications and the maintenance thereof for one year and indemnifying the Village against the nonperformance thereof.[1]
The permittee shall restore the street or highway
to Village specifications before the opening, and, on default thereof,
the Board of Trustees may have the same done by the Village. Such
default shall be effective on three days' notice given by certified
mail to the permittee, addressed to the address given on the application
for the permit. However, in any event, the Village, on notice given
to the permittee in the same manner as on a default, reserves the
right to replace any and all cuts or alter any replacements which
may have been performed by or for the permittee, the costs of which
shall be paid by the permittee to the Village as hereinbefore set
forth.
The permittee making the opening shall backfill
the opening and shall place thereon temporary pavement, conforming
to Village specifications, which shall be properly maintained in a
safe condition by the permittee until such time as proper settlement
has taken place to allow the laying of a permanent pavement. The Village
shall be notified at all stages of the work for the purpose of inspection.
As a minimum, compliance with the Village of Kings Point specifications
and regulations for the making of street openings, backfilling, maintenance,
replacement of pavement and curbing shall be acceptable for the performance
of said work and shall be performed to the satisfaction of the Superintendent
of Public Works of the Village of Kings Point.
[Added 6-20-2000 by L.L. No. 7-2000]
Unless lesser requirements are otherwise expressly
permitted by the Planning Board or the Board of Appeals of the Village
of Kings Point, and unless greater requirements are otherwise required
by one of said Boards or this Code or by the statutes or regulations
of the state or federal government, or any duly authorized agency
or department thereof, all underground utilities and other pipelines,
conduits, ducts, cables, wires, fiber optics and similar materials
(hereinafter, together referred to as "lines") within the streets,
roads, highways, sidewalks, rights-of-ways, parks and other lands
of the Village of Kings Point or over which the Village shall have
jurisdiction, shall be placed underground not less than the distances
set forth below from the surface, except where such materials are
in a vertical position at the point where they are to thereafter continue
above ground:
No street opening permit shall be issued by
the Village Clerk, except to a municipal corporation, a public utility
corporation or an owner of property assessed upon the Village assessment
roll on an application, signed by said owner or on behalf of said
owner by his duly authorized agent (authorization of an agent shall
be signed by the owner and acknowledged before a notary public and
shall accompany the application).
Persons or corporations other than those mentioned in § 134-22 may be granted street opening permits only when authorized by the Board of Trustees on such terms as shall be required by said Board.
The Village Clerk is hereby authorized to issue
street opening permits for the digging or opening of a street or highway
for a local utility service in connection with a lot or parcel of
land in the Village when approved by the Superintendent of Public
Works of the Village and for all other openings when authorized by
the Board of Trustees and in accordance with the terms and conditions
of such authorization.
[Amended 11-27-2007 by L.L. No. 8-2007]
The fee for processing each application for
a permit shall be established from time to time by resolution of the
Board of Trustees.[1]
A.
Where a permit is to be issued by the Village Clerk,
without the authorization of the Board of Trustees, the applicant
shall, before the issuance of a permit, deposit with the Village a
sum established from time to time by resolution of the Board of Trustees
as security for the restoration of the opening for which the permit
is sought.[1] This deposit may be applied by the Village to the cost
of restoration of the street or right-of-way to Village specifications
in the event that the applicant shall fail or omit to make or complete
such restoration.
[Amended 11-27-2007 by L.L. No. 8-2007]
B.
The amount of the deposit to be applied to the cost
of restoration of the street, in the case of permits which may be
issued only upon authorization of the Board of Trustees, shall be
fixed by the Board of Trustees and shall be paid to the Village before
the permit shall be issued by the Village Clerk.
C.
After restoration of the street is made, the Board
of Trustees may, by resolution, authorize the Village Treasurer to
refund to the applicant any portion of the deposit not required to
reimburse the Village for cost it may have incurred in restoring the
street opening. However, if the cost shall exceed the sum on deposit,
the applicant shall, on demand by the Village, pay such excess amount.
Upon failure to pay by a permittee or owner of property in the Village,
said excess amount shall be assessed against such property of the
permittee as provided by law.
All street openings and work areas shall be
provided with warning signs, barricades and lighting as necessary
for public safety. All warning, traffic control signs, barricades
and lighting shall be in conformance with the appropriate section
of the State of New York Department of Transportation Manual of Uniform
Traffic Control Devices.
[Amended 1-19-2009 by L.L. No. 1-2009]
Before the issuance of a permit, there shall
be furnished to the Village a policy of insurance, insuring the Village
against public liability and property damage, with such limits as
shall be established from time to time by the Board of Trustees. The
insurance company providing said policy of insurance shall be obligated
to meet the rating and other requirements similarly set from time
to time by the Board of Trustees. The Board of Trustees may provide
that a municipal, public benefit, or public utility corporation, in
lieu of an insurance policy, may file with the Village its bond to
hold the Village harmless from all damages to persons or property,
including the defense of any action, which may result from the issuance
of any permit and the work in connection therewith.
The work to be done under any permit shall be
commenced, continued and completed promptly and with due diligence.
A.
All work for which a permit has been issued shall
be completed prior to the expiration date of the permit.
B.
A permit shall be good for 30 days for the initial
excavation and backfill.
C.
A permit shall expire unless work pursuant thereto
has been commenced within 10 days of the date of issuance.
D.
A permit shall continue in effect during the time
required for the settling of backfill and restoration of permanent
pavement, but in no event shall the permit continue in effect later
than four months after the date of issuance unless the Mayor shall
further extend the time for good cause.
The Mayor shall have the power to revoke a permit
issued hereunder whenever he shall find that the permittee shall have
refused, failed or omitted to comply with any provisions of this article.
