[Amended 11-26-1973]
No person shall dig up any street or public
place for any purpose without a written permit from the Building Inspector.
Any person desiring such a permit shall make written application therefor,
specifying the location where the work is to be done, the purpose
of same, the time within which the work shall be completed and the
street replaced. Such application shall also state that the work shall
be done under the supervision of the Superintendent of Public Works,
who must be notified of the commencement of the work and of its completion,
and that such work and the replacement of the street shall be in such
manner as shall be entirely within the satisfaction of the Superintendent
of Public Works. Such application shall further state that the applicant,
in the event that a permit is issued, agrees to indemnify and hold
the Village of Patchogue harmless from and warrant and defend said
Village from all damages and cost by reason of personal injury or
property damage arising directly or indirectly from the opening of
the said street or by reason of any failure to repair and replace
said street to the satisfaction of the Superintendent of Public Works
without any obligation on the part of said Village to defend any claim
for such injury or to appear in any action brought against said Village
in connection therewith.
Every person to whom such a permit is issued
shall, at all times while said work is being done, have such permit
at the place where the work is being done and shall exhibit the same
to any officer of the Village of Patchogue who shall desire to inspect
same.
[Amended 8-23-1976 by L.L. No. 25-1976]
A. All applicants for permits shall pay an application fee and a permit fee. Permit fees shall be paid as follows:
[Amended 5-23-1977 by L.L. No. 16-1977; 3-9-2009 by L.L. No. 7-2009]
(1) The application fee for all permits shall be as set
from time to time by resolution of the Board of Trustees.
(2) Permit fees. There shall be a base fee as set from
time to time by resolution of the Board of Trustees for each excavation,
in addition to the application fee and the fees referred to below,
which shall be as set from time to time by resolution of the Board
of Trustees:
(a)
Service connection excavations: no additional
charge for the first such excavation under a permit; a fee for each
additional excavation in connection with the same service.
(b)
Excavations 18 inches or less in depth: an amount
for the first 100 linear feet or part thereof; an amount per linear
foot thereafter.
(c)
Excavations 18 inches to five feet in depth:
an amount for the first 100 linear feet or part thereof; an amount
per linear foot thereafter.
(d)
Excavations exceeding five feet in depth: an
amount for the first 100 linear feet or part thereof; an amount per
linear foot thereafter.
(e)
Utility repair excavations: no charge for the
first such excavation under any permit; an amount for each additional
excavation made in conjunction with said repair.
B. A performance and maintenance bond must be posted
unless waived by the Village Board.
C. An owners' protection policy must be posted unless
waived by the Village Board.
D. No person required by the Village to contract or repair
sidewalks shall be required to pay such fee.
E. Each permit shall be valid for a period of 60 days.
If the work is not completed and the street or sidewalk is not restored
to its original condition, to the satisfaction of the Superintendent
of Public Works or his delegate, on the date upon which the permit
expires and a new permit has not been obtained for such excavation,
the Superintendent of Public Works may cause the excavation to be
filled in and the street or sidewalk to be repaired or replaced. Charges
for such work, together with administrative expenses, shall be payable
by the parties to whom the expired permit was issued, upon demand.
[Added 5-23-1977 by L.L. No. 16-1977]
Any person who violates this article or fails to comply with any of its requirements shall, upon conviction thereof, be subject to the penalties provided in §
1-1 of the Code of the Village of Patchogue.