[Adopted 10-12-2004 by L.L. No. 7-2004]
A. 
No person shall open or cause to have opened any street in the Village of Harriman nor construct, alter or relocate any new or existing driveway entrance or exit abutting a Village highway or cause the same to be done for any purpose whatsoever until a written permit therefor has been issued by the Superintendent of the Department of Public Works (DPW) of the Village of Harriman upon written application. A special permit shall be required for each opening or construction, and the applicant shall be required to execute an agreement to indemnify the Village for any damage or expense which it may suffer in connection with the construction or by reason thereof. In addition, the Superintendent of the Department of Public Works (DPW) and/or Building Inspector may require a bond in a sum of money sufficient to repair or replace any work done by the applicant.
B. 
In the event of any new construction of any structure which shall be serviced by a driveway giving access to or from a Village highway, the Building Inspector of the Village of Harriman shall not issue a permit to build until a permit as required by this section has been issued.
C. 
The application fee for a permit under this article shall be set, from time to time, by resolution of the Board of Trustees as set forth in § 74-5F of the Village of Harriman Code. Such fee is nonrefundable.
A. 
No permit shall be issued by the Superintendent of the Department of Public Works (DPW) of the Village of Harriman unless the applicant submits with his application a certificate of insurance issued by an insurance company authorized to do business in the State of New York and in a form acceptable to the Village Attorney, certifying that the applicant has in full force and effect a policy of public liability insurance providing for bodily injury coverage, including wrongful death, of and no less than $300,000 for all such injuries arising out of one accident and $100,000 for any one injury and $50,000 for any property damage. Such certificate shall also disclose that the policy shall incorporate provisions as follows:
(1) 
That the Village is held harmless for any claims, actions and proceedings brought against it for injury to person or property resulting from or occasioned by such work of the applicant.
(2) 
That it shall not be canceled, terminated or modified unless 10 days' prior written notice is given to the Village Board by certified mail addressed to the Superintendent of Department of Public Works (DPW) and Building Inspector.
(3) 
That the presence of an inspector or engineer on behalf of the Village of Harriman at the site of such work shall not affect the obligation of the insurer under the policy.
(4) 
No permit shall be valid unless such insurance is in full force during the entire term of the permit.
[Amended 11-10-2015 by L.L. No. 5-2015]
B. 
The Superintendent of the Department of Public Works (DPW) shall review all applications for permits and either approve, disapprove or approve of same upon certain conditions that he shall feel essential to the proper performance of the work and the safety and well-being of the community or individuals using the driveway or highway.
C. 
In passing upon such application, the Superintendent of the Department of Public Works (DPW) shall take into consideration the safety and well-being of the community and the public who shall use the Village highway affected or to which driveway shall give access, as well as the safety and well-being of the individuals who shall use or be affected by such driveway.
Any work that shall take place within a Village street shall be completed with all possible dispatch. Such work shall be performed in the manner and upon the conditions permitted by the Superintendent of the Department of Public Works (DPW) and, in addition, the permittee shall:
A. 
Keep at least one-half of the street open to vehicular and /or pedestrian traffic at all times.
B. 
Erect suitable safeguards and/or barriers surrounding the work for the protection of persons and vehicles using the street in the daytime and shall cause the same to be marked by adequate lights or flares from sunset to sunrise, conforming in kind and number to the requirements of the Superintendent. In the event that any person shall fail, in the opinion of the Superintendent, to adequately erect such safeguards and barriers, lights or flares, the Superintendent shall revoke any permit previously issued forthwith without any notice and proceed immediately to take such steps as may be necessary to protect the public from injury. He shall use the security deposit applicable to the permit revoked to defray whatever costs he may incur in taking such action.
C. 
Cut street-opening trenches to a minimum width of 12 inches.
D. 
Remove all material excavated by having the same hauled away from work area and not used for backfill.
E. 
Backfill all trenches with select material, as approved by the Superintendent, and place in lifts, tamping between lifts.
F. 
Backfill all trenches within 18 inches of the street surface and replace the foundation course and pavement in accordance with the Village of Harriman street specifications.
G. 
Clean up the work area, including the surrounding street and/or sidewalk surface, of all dirt, stones and/or construction debris to the satisfaction of the Superintendent. In the event that the person, his agents or employees performing the work under the permit fail to clean up to the satisfaction of the Superintendent, the cost of said cleanup effected by the Superintendent shall also be deductible from any security deposit.
[Amended 3-12-2013 by L.L. No. 4-2013]
Anyone desiring to make any excavation in the roadway, street or other property in use by the public shall pay the application fee as described in § 114-6C, and deposit with the Village Clerk a sum of money as determined by the Superintendent of the Department of Public Works (DPW), the amount sufficient to repair or replace any work being done by the applicant, before the issuance of the permit, which amount shall be returned to the person making the deposit upon the restoration of the roadway, street or other public property to its original condition, less the reasonable costs the Village incurred of so much said restoration as may be done by the Superintendent of the Department of Public Works (DPW).
Any person, copartner, association or corporation, who shall, himself or by his or its clerk, agent or employee, and any such clerk, agent or employee who shall violate any of the provisions of this article shall be liable to a fine in the amount of $250 per day. Each day on which such violation continues shall constitute a separate offense.