A.
No person, partnership, corporation or other entity
shall, in the absence of emergency conditions, make any excavation,
trench, channel or other opening in a Village road right-of-way nor
break or otherwise disturb the pavement thereof unless such person
shall first obtain a permit, in writing, as hereinafter provided,
authorizing such opening. Application shall be made on forms prescribed
by the Village Board and submitted with the application fee, if any,
to the Village Clerk. The fee shall be established by resolution of
the Village Board.[1]
[1]
Editor's Note: The current fee resolution
is on file in the office of the Village Clerk.
B.
In the event that emergency conditions exist which
require that a road opening to be made before the requirements of
this Article can reasonably be complied with, then such opening may
be made upon the oral application to, and approval of the Public Works
Superintendent or the Mayor. For the purpose of this article, "emergency
conditions" shall be deemed to be breaks in sewer lines, waterlines
or gas lines, or damage or disturbance to electric power lines or
any other catastrophe which may, if unrepaired, endanger the health,
safety or welfare of the Village.
Any permit required under this article, except
an oral permit granted pursuant to this article, shall be granted
only at a Village Board meeting upon resolution and majority vote
of the Board. An affirmative vote on such motion shall authorize the
Mayor or other Village officer designated by the Village Board, upon
a resolution adopted, to sign such permit and issue the same, subject
to such conditions as the Board shall impose, including but not limited
to lighting, barricading, erection of warning signs or other safety
devices.
A.
Every trench, excavation and construction site, and
all materials used in connection therewith, located within the right-of-way
of a public thoroughfare within the Village of Tuxedo Park upon any
abutting premises where the operations in connection therewith shall
interfere with or encroach upon the public way shall be protected
on all sides by a horizontal barricade of wood, or other solid material,
colored yellow or orange and not less than 48 inches in height. Each
such barricade shall be equipped with battery-operated flashing signals
not more than six feet apart along its entire length and attached
no lower than 48 inches nor higher than 60 inches from ground level.
B.
No person shall use or cause to be used for signals
or warning lights any lamp, lantern, smudge pot or other device utilizing
an open flame or a combustible or flammable fuel.
A.
Road closings. Except as otherwise permitted by the
Board of Trustees, no road shall be closed to traffic for repair or
other purpose for more than 24 hours.
B.
Every permit issued hereunder shall expire at the
end of the period of time which shall be set out in the permit. If
the permittee shall be unable to complete the work within the specified
time, permittee shall, prior to the expiration of the permit, present
in writing to the Superintendent of Public Works a request for an
extension of time, setting forth therein the reasons for the requested
extension. If, in the opinion of the Superintendent of Public Works,
such an extension is necessary and not contrary to the public interest,
the permittee may be granted additional time for the completion of
the work. Any such extension shall be in writing, signed by the Superintendent
of Public Works.
[Amended 10-19-2022 by L.L. No. 7-2022]
