A.
Permit required. No person shall injure any pavement,
sidewalk, crosswalk or sewer, or dig any area sewer or other excavation
in any public street, nor remove any earth, stone or other material
therefrom with the Village without the permission, in writing, from
the Manager of Public Works subject to conditions hereinafter set
forth and under such other conditions as the Board of Trustees or
the Manager may impose.
[Amended 6-13-2022 by L.L. No. 6-2022]
B.
Fees to be paid. The Manager of Public Works shall not issue any permit to excavate in any public street without the payment of fees as established in the fee schedule, Chapter A232 of the Code of the Village of Orchard Park.
[Amended 6-13-2022 by L.L. No. 6-2022]
C.
Fees established by Board of Trustees. The Board of
Trustees shall by resolution establish a uniform set of fees, for
the written consent, which shall be based upon the estimated actual
costs and expenses to be borne by the Village in restoring the street,
highway or other public property to its former usefulness. The Board
of Trustees may, from time to time, change said fees to reflect changes
in costs and expenses.
D.
Filling of excavations; restoring street. All excavated
materials shall be removed, following which all openings shall be
carefully backfilled for their entire length, width and depth in the
street or highway area, including the area between the curb and the
property line, with bank run gravel or crushed stone, well tamped.
Additional bank run gravel or crushed stone shall be added by the
permittee as long as any settlement occurs, following which the pavement,
curbing or other improvements shall be restored either by the permittee
or the Village as determined in the permit.
A.
Bond in lieu of paying fees. Public service corporations may, in lieu of paying the fees established pursuant to § 187-1 of this article, file with the Village Clerk-Treasurer a bond, to be approved as to form, amount and sufficiency of sureties by the Village Attorney, conditioned upon the proper restoration of streets, highways and public places, in accordance with the directions of the Manager of Public Works and to his or her satisfaction; the payment to the Village, upon demand, of any costs and expenses incurred by said Village; and the saving of the Village of Orchard Park, its officers and employees, harmless from any loss, injury or damage due to opening streets, highways or public places, or to any negligence or fault of such corporations, their employees, or agents, in connection therewith.
[Amended 6-13-2022 by L.L. No. 6-2022]
B.
Separate permits not required; amount of bond. All
persons engaged within the Village of Orchard Park in the telephone,
gas or electric business, or any other business, the nature of which
would require or result in frequent applications for permits to make
obstructions or excavations in the streets, highways or public places
of the Village shall not, however, be required to obtain separate
permits, but in all such cases, a general bond as specified above
shall be given in lieu of any permit indemnifying the Village of Orchard
Park from any and all loss, cost or damage as aforesaid resulting
or arising directly or indirectly at any time from any act done by
said public service corporation. Such bond shall be in the amount
as determined by the Board of Trustees and shall be renewed annually
or as long as such person continues to do business with the Village
of Orchard Park.
C.
Notification required.
(1)
Notwithstanding the foregoing, public service corporations
shall advise the Manager of Public Works, in writing, as soon as feasible
but no later than 30 days prior to making any obstructions or excavations,
of its intention to do so, except in case of emergency in which event
notification shall be made as soon as possible prior to or after the
emergency and need not be in writing.
[Amended 6-13-2022 by L.L. No. 6-2022]
(2)
The Director of Public Works shall have the power
and authority to direct any public service corporation to coordinate
its work with the Village, its independent contractors, or other persons
authorized to make excavations or work in streets, highways or public
places.
D.
Backfilling requirements. Excavations made by a public service corporation must be backfilled by it with bank run gravel or crushed stone, in accordance with the provisions of § 187-1D of this article, except that the pavement, curbing, and other improvements must be restored by and at the expense of such corporation.
A.
Wherever
a driveway is installed or wherever any section of a drainage ditch
is enclosed, it shall be done under the direction of the Manager of
Public Works. Any culvert installed in any such ditch shall be at
least 12 inches in diameter.
[Amended 6-13-2022 by L.L. No. 6-2022]
B.
Driveway
aprons are required between sidewalks and curbing and must be a minimum
of six inches deep and constructed of asphalt, installing sidewalks
inside of right-of-way as directed by the Department of Public Works.
[Added 9-28-2020 by L.L. No. 5-2020]
A.
Barriers and warning devices. Any person making or
causing to be made an excavation or opening in any street, alley,
sidewalk, or other public place shall keep such excavation or opening
fenced and barricaded with substantial barriers to secure public safety
and shall place and keep in operation suitable warning devices to
warn all persons of such excavation, opening or obstruction.
B.
Interference prohibited. No unauthorized person shall
remove or in any way interfere with any such warning devices or barriers.
[Amended 6-13-2022 by L.L. No. 6-2022]
No person shall hinder or obstruct the construction
or repair of any pavement, sidewalk, crosswalk, sewer or other public
improvement within the Village which shall be then under any order
of the Board of Trustees or of the Manager of Public Works, nor hinder
or obstruct any person employed by the Village in doing any work upon
any public street or place.
[Amended 6-13-2022 by L.L. No. 6-2022]
No person shall place any materials for building
or any other purpose upon any public street within the Village without
permission, in writing, from the Manager of Public Works. Such permission
shall not be for a longer period than three months, nor shall it authorize
the obstruction of more than 1/3 of the sidewalk. Any person to whom
permission is granted as aforesaid shall cause all such materials
to be enclosed within such sufficient guards as to secure public safety
and shall at all times during the night keep warning devices upon
such grounds in such a manner as to give warning to all persons of
the presence of such materials or rubbish. All such building materials
and all rubbish arising therefrom shall be removed from any public
street at the expiration of the time limited in the above-mentioned
permit. Any such permit may be revoked without notice by the Board
of Trustees or the Manager of Public Works at any time.
No person shall place any merchandise or obstruction of any kind upon any sidewalk or upon the public streets of the Village except as provided in § 187-6. No person shall place or suffer to remain any barrel, crate, article or other obstruction upon any street or place within the Village so as to obstruct the free passage of people except while actually engaged in loading or unloading goods.
[Amended 6-13-2022 by L.L. No. 6-2022]
Any person who shall dig any cellar or other
excavation to or within four feet of the line of any public street
within the Village shall erect such sufficient barriers between such
street and excavation as to secure public safety and at all times
during the night shall keep warning devices upon such barriers in
such a manner as to give warning of such excavation, and, if within
12 hours after notice from the Manager of Public Works or any other
Village official to place such barriers and warning devices such notice
is not complied with, then the appropriate Village official may cause
such barriers and warning devices to be placed at the expense of the
person so in default.
