[HISTORY: Adopted by the Board of Trustees
of the Village of Hammondsport 3-12-1991 by L.L. No. 2-1991;
amended in its entirety 6-8-2004 by L.L. No. 2-2004. Amendments noted where
applicable.]
No municipal corporation except the Village
of Hammondsport Departments, public utility corporation, corporation,
person or association of persons shall open or dig up any village
street, or village right-of-way area, 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 known as a "street
opening permit."
No street opening permit shall be issued by
the Village Clerk except to 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), or to a municipal
corporation or a public or private utility corporation.
Persons or corporations other than those mentioned in § 100-2 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 service or in connection with a lot or parcel of land
in the Village when approved by the Public Works Official of the Village
and for all other openings when authorized by the Board of Trustees
and in accordance with such authorization.
The fee for each permit shall be pursuant to
a fee schedule maintained in the Village Clerk's office. Said
fee may be altered pursuant to a resolution passed by the Board of
Trustees.
A.
Each applicant for a permit which may be issued by
the Village Clerk without the authorization of the Board of Trustees,
before the issuance of a permit, shall, in addition to the application
fee, deposit with the Village a sum as determined by the Public Works
Official for an opening in an improved surface of a street or highway
or in any other portion of the right-of-way, to be applied by the
Village to the cost of restoration of the street or right-of-way to
the condition before the opening in the event that the applicant shall
fail or omit to make or complete such restoration.
B.
The amount of the deposit is 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
in addition to the application fee before the permit shall be issued
by the Village Clerk.
In the case of a deposit, after restoration
of the street is made, if the cost to the Village has not amounted
to the sum deposited to cover the cost, the Public Works Official
may authorize the Village Treasurer to refund the balance to the applicant.
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.
Any person or corporation may, in lieu of the deposit as required in § 100-6A hereof; execute and deliver to the Village an indemnity bond of a responsible surety company or, with the approval of the Board of Trustees, his/her/their or its personal bond, in the sum of $15,000 for each street opening within the Village, guaranteeing the restoration of the streets and highways to the condition before the opening was made and the maintenance thereof for one year and to indemnify the Village against the nonperformance thererof.
The permittee shall restore the street or highway
to its condition before the opening, and, on default thereof, the
Public Works Official may have the same done by the Village. Such
default shall be effective on three days' notice given bye edified
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 costs 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
or cause to be backfilled the opening and shall place thereon temporary
pavement which shall be cared for by the permittee until such time
as proper settlement has taken place to allow the laying of permanent
pavement. The Village shall be notified at all stages of the work
for the purpose of inspection. As a minimum, compliance with New York
State Department of Transportation requirements and regulations for
the making of street opening, backfilling, replacement of pavement
and curing shall be acceptable for the performance of said work.
All openings, when unguarded, shall be barricaded,
as shall be required for public safety, and shall be lit between sunset
and sunrise.
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 limits of $500,000/$250,000
for personal injuries and $50,000/$25,000 for property damages. A
municipal corporation or public utility corporation may, in lieu of
an insurance policy, 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.
Notwithstanding the provisions of § 100-4 hereof, an opening required for the installation of distribution lines, mains, sewers, drains, conduits and the like shall be made only under a special permit granted upon application to the Board of Trustees and on such conditions and under such guaranties as shall be fixed by the Board in each such special permit.
The work to be done under any permit shall be
commenced, continued and completed with due diligence and expeditiously.
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, except as hereafter
provided.
C.
A permit shall expire unless work pursuant thereto
has been commenced within 10 days of the date of issuance.
D.
A permit shall be deemed 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 three months after the date of issuance unless the Public Works
Official shall further extend the time for good cause.
The Public Works Official shall have the power
to revoke a permit issued hereunder whenever he shall find the permittee
shall have refused, failed or omitted to comply with any provision
of this article.
The Department of Public Works Official or other
duly appointed officer or official of the Village of Hammondsport
shall be charged with the duty of administering and enforcing this
chapter.
Any person committing an offense against any
provision of these rules and regulations shall, upon conviction thereof,
be guilty of a violation pursuant to the Penal Law of the State of
New York, punishable by a fine not exceeding $250 or by imprisonment
for a term not exceeding 15 days, or by both such fine and imprisonment.
The continuation of any such violation of these rules and regulations
shall constitute, for each day the violation is continued, a separate
and distinct offense hereunder.
As used in this article, the following terms
shall have the meanings indicated:
Any natural person or corporation.
A public highway or public street and a private street shown
on the Official Map of the Village, which shall be open to public
motor vehicle traffic.
Any combination of materials except vehicles.
No person shall, in or on any street or public
place in the Village, without a written permit from the Village Clerk:
A.
Leave or deposit any material of any kind.
B.
Construct or erect any structure.
C.
Remove or cause to be removed any stone, earth, sand,
gravel or village sign.
D.
Tear up or injure any pavement, sidewalk, curb, gutter,
crosswalk, drain, waterline, hydrant, sewer or any part thereof.
E.
Erect or cause to be erected any telephone, electric
light or other pole.
F.
Lay or cause to be laid any drain, conduit or other
pipe.
G.
Move or cause to be moved or assist in moving any
building.
Whenever it is required to dig up or open a street for any purpose set forth in § 100-20 hereof, then a street opening permit shall be required, which permit shall be in lieu of the permit herein provided.
All work for which a permit shall have been
issued pursuant to this article shall be done under the supervision
of the officer or employee of the Village in charge of public works.
The work shall be done so as to keep clear at all times a safe and
sufficient passageway for pedestrians and vehicular traffic, and proper
and adequate guarding shall be provided both by day and by night so
as to prevent accidents and danger.
All applications for permits hereunder shall
be made to the Board of Trustees and filed with the Village Clerk,
together with a filing fee as established pursuant to a fee schedule
maintained in the Village Clerk's office. Said fees may be altered
pursuant to a resolution passed by the Board of Trustees. No permit
shall be issued by the Village Clerk, except when authorized by the
Public Works Official on such terms and conditions, deposits and guaranties
as shall be required by the Public Works Official. Whenever the Village
Clerk shall be authorized by the Public Works Official to issue a
permit as herein provided, the applicant shall pay a permit fee pursuant
to the fee schedule before the permit shall be issued.
The Public Works Official shall have the power
to revoke any permit issued hereunder whenever he/she shall find that
the permittee shall have refused, failed or omitted to comply with
any provision of this article or the terms or conditions made by the
Public Works Official on the issuance of the permit.
The Department of Public Works Official or other
duly appointed officer or official of the Village of Hammondsport
shall be charged with the duty of administering and enforcing this
chapter.
Any person committing an offense against any
provision of these rules and regulations shall, upon conviction thereof,
be guilty of a violation pursuant to the Penal Law of the State of
New York, punishable by a fine not exceeding $250 or by imprisonment
for a term not exceeding 15 days, or by such fine and imprisonment.
The continuation of any such violation of these rules and regulations
shall constitute, for each day the violation is continued, a separate
and distinct offense hereunder.
