[HISTORY: Adopted by the Board of Trustees
of the Village of Pomona as indicated in article histories. Amendments
noted where applicable.]
[Adopted 10-16-1979 by L.L. No. 4-1979]
It shall be unlawful for any person, corporation
or public service corporation to open or cause to be opened, by cutting
or digging the surface or soil in, any street, highway or public ground
in the Village of Pomona for any purpose whatsoever without first
securing a street opening permit from the Village Engineer and paying
the fees prescribed hereinbelow or without complying with the provisions
of this article.
Any person seeking to cut, dig or open the surface
or soil in any street, highway or public ground in the Village for
any purpose must complete a street opening permit application, which
shall include detailed plans and specifications indicating the location,
purpose and extent of such street opening. Such application must be
filed with the Village Engineer.
[Amended 2-8-1988 by L.L. No. 1-1988; 10-27-2003 by L.L. No.
8-2003; 9-29-2009 by L.L. No. 4-2009]
A.
The fee
for a street opening permit shall be as set forth in the fee schedule
adopted by the Board of Trustees.
B.
In addition
to the fee, applicants who are not public utilities shall deposit
a cash bond in the amount set forth in said fee schedule at the time
the application is filed, to cover any damage to Village streets or
property and to guarantee restoration of the street opening in accordance
with Village requirements.
C.
In addition
to the fee, each public utility shall deposit with the Village a cash
bond or other security, subject to approval by the Village Attorney,
in the amount of $25,000, to cover any damage to Village streets or
property and to guarantee restoration of the street opening in accordance
with Village requirements. The public utility shall be required to
deposit said bond or security and maintain it from year to year to
apply to all permits issued to said utility.
D.
In addition
to the fee and cash bond or security, each public utility shall deposit
with the Village a cash bond in the amount of $1,000 at the time the
fee for each permit is paid to the Village, to guarantee that the
Village will be notified when the work and restoration have been completed.
In the event the public utility does not notify the Village that the
work has been completed within 60 days after issuance of the road
opening permit, the cash bond of $1,000 shall be forfeited unless
the utility has requested an extension of time to complete performance,
in which case the Village Engineer may, in his discretion, extend
the time for performance for an additional sixty-day period. In the
event the public utility notifies the Village of completion within
said sixty-day period or any extension thereof, the cash bond of $1,000
shall be refunded to the public utility.
Street opening permits shall be issued by the
Village Engineer of the Village of Pomona, after completion and filing
of the application and the payment of all fees, when in his estimation
the Village has sufficient information concerning the purpose and
approved procedure for the street opening. The permit so issued will
be numbered and must be conspicuously displayed at the site of the
street opening. After the completion of the street opening, the original
permit shall be returned to the Village Engineer before any deposit
is released.
All openings shall be carefully backfilled,
tamped, puddled and paved by the applicant after notification to the
Village Engineer and after giving such Village Engineer the opportunity
to inspect the restoration work. The Village Engineer shall indicate
on the permit that he has inspected the restoration work. The deposit
will be retained by the Village until the frost has left the ground
in the spring following the winter after the restoration has been
completed. Any further repairs which may be necessary due to settlement,
frost or spring thawing must be done by the applicant. If such work
is not done by the applicant, the Village will do such necessary work
and use the deposit to pay for labor and material required to correct
the restoration. Any balance remaining will be returned to the applicant.
If the restoration work done by the Village exceeds the deposit, the
applicant will be required to make up the balance.
In the event of an emergency because of pipe
breakage, street cave-in or pipe blockage where immediate attention
is required, street openings may be made by calling the Village Clerk
or the Village Engineer and notifying either of them of such emergency.
A street opening permit, however, must be obtained as soon as practicable
and in no case more than 24 hours from the time of such emergency
street opening.
[Adopted 4-25-1994 by L.L. 2-1994]
Each lot in an incomplete subdivision in the
Village of Pomona which benefits by the expenditure of Village funds
used to complete public improvements on streets or roads on which
such lots front or which such lots abut, and for which the completion
of public improvements had been assured by a letter of credit which
became or becomes worthless by reason of the failure of the issuing
bank, or which is dishonored by any government agency which succeeds
to or takes over such failed bank, shall be subjected to a charge
equal to the proportional share of such Village expenditures attributable
to such lot.
The proportional share attributed to each such
lot shall be determined by dividing the total expenditure of Village
funds for such purpose by the number of lots directly benefited by
such expenditure. A directly benefited lot shall be a lot which fronts
on or abuts a private subdivision street or road for which public
improvements were completed by Village of Pomona funds because of
the inefficiency of a letter or letters of credit issued by a failed
bank.
A directly benefited lot, as defined in this
article, shall not be eligible for the issuance of a building permit
or a certificate of occupancy until the proportional share of such
Village expenditures attributable to such lot shall have been paid.
The owner of a benefited lot may apply to the
Board of Trustees of the Village of Pomona for a waiver of the provisions
of this article. The Board of Trustees may grant a waiver if it finds
that the strict enforcement of this article will work a hardship or
result in a basic unfairness. The Board of Trustees shall grant such
a waiver if it finds that, at the time that a building permit or certificate
of occupancy was granted on a benefited lot which is actually occupied
as a residence, there was in effect and on file with the Village Clerk
a valid letter of credit or other security assuring the completion
of public improvements on the lot which is the subject of the application
for waiver.
This article shall apply to all Village expenditures
to complete public improvements in residential subdivisions made since
January 1, 1993.
