No person, firm or corporation, including public service companies and municipalities other than the Village of Shortsville, shall make any excavation in any street or highway in the Village of Shortsville for any purpose without first obtaining a permit therefor from the Board of Trustees as hereinafter provided.
A. 
Application for permits shall be filed in writing with the Village Clerk/Treasurer upon application blanks which she shall provide or in such other manner as she shall from time to time prescribe. Applications shall state the nature, location, extent and purpose of the proposed excavation.
B. 
Applications by public service companies must be accompanied by a general undertaking in such form as may be approved by the Board of Trustees. The said general undertaking is tendered to assure that, after completing the excavation, said applicant shall leave the street, highway, sidewalk, pavement, curb or gutter in the same condition as it was prior to the excavation.
C. 
Applications by persons, firms or corporations, other than public service companies, for excavations in the street or highway must be accompanied by proof that such person, firm or corporation has obtained and has in effect a performance bond in the amount of $5,000 to assure that, after completing the excavation, said applicant shall leave the street, highway, pavement and curb or gutter in the same condition as it was prior to excavation.
[Amended 3-9-1982 by L.L. No. 2-1982; 1-8-2002 by L.L. No. 1-2002]
A permit fee as established by the Board of Trustees shall be submitted to the Village Clerk/Treasurer with the application referred to in § 79-2 of this chapter. No permit fee for excavations required in the placement of utility poles shall be required.
A. 
The applicant shall file with the Board of Trustees a general liability insurance policy or certificate of insurance naming the Village of Shortsville as an additional insured at the same time he files his application for the permit. The Board of Trustees shall approve the policy as to form.
B. 
The policy shall insure the Village of Shortsville and the applicant, and shall cover all operations relative to the excavation and reconstruction thereof. Said policy shall have limits of liability of $100,000 for bodily injury to each person and aggregate liability of $300,000 for each accident, and property damage liability of $5,000 for each accident and aggregate property damage liability of $25,000.
C. 
In lieu of the aforesaid liability insurance, public service companies may submit a general undertaking in such form as shall be approved by the Board of Trustees.
The Board of Trustees may require any person making a highway excavation pursuant to a permit granted hereunder to give notice of such excavation to public service companies or municipal districts having lines, mains or other property in the streets, and when such notice shall have been required, no work shall be commenced or done under such permit until such required notice has been fully complied with to the satisfaction of the Board of Trustees.
Any person making an excavation covered by this chapter shall erect suitable barriers or guards for the protection of persons using the streets or sidewalks and, in addition thereto, shall set up and maintain during the hours of darkness sufficient lights or flares to properly illuminate the area. He shall also take all necessary precautions for the protection of the property of the Village, of public service companies or municipal districts and of others which may be endangered by such excavation or the work incident thereto, and shall comply with all directions given by the Department of Public Works Supervisor with respect to such barriers, lights, flares and protective measures.
A. 
Work under the permit shall be commenced within 30 days from the date of the issuance of the permit and continued in an expeditious manner unless extension of this period is approved by the Board of Trustees.
B. 
Construction.
(1) 
When work is being performed on any Village street, no pavement cuts or trenches are to be left unfilled overnight except in emergencies and, in such cases, adequate precautions must be exercised to protect traffic. When working on any Village street or road, contractors must complete final backfilling of any trench within 18 days from the time of its opening.
(2) 
All pipes or mains crossing highway pavement shall, whenever possible, be driven beneath the roadway without disturbance from the edge of the pavement. Such crossover pipes shall, whenever possible, be enclosed in sleeves or larger pipes so that repairs or replacements may be made in the future without future disturbance of the roadway pavement.
(3) 
In the event that a trench is opened, the trench will be compacted and filled as directed by the Department of Public Works Supervisor.
C. 
All paving and resurfacing shall comply with the highway construction specifications of the Village as directed by the Department of Public Works Supervisor.
D. 
Traffic control. Traffic is to be maintained at all times during the progress of work. Adequate signs, barricades and lights necessary to protect the public shall be provided. Flagmen to direct traffic shall be employed continuously during periods when only one-way traffic can be maintained or when equipment is operated back and forth across the pavement area. No construction equipment or materials shall be left on the pavement after working hours, nor shall any construction equipment or materials be placed in any way, manner or location that will obstruct the highway or railroad warning signs. Barricades, whether in sidewalk or roadway areas, shall have prominently displayed for police convenience the address and telephone number of someone available 24 hours a day who shall re-establish the same in an emergency. Access to adjacent property shall be maintained.
E. 
The applicant will be responsible for notifying the Department of Public Works Supervisor 24 hours prior to street opening and street closing.