[Adopted 5-19-1975 by L.L. No. 2-1975]
No person shall open up, dig, excavate or tunnel
under any street, sidewalk, gutter, curb or crosswalk or pavement
within the Village of Montgomery, New York, without first obtaining
a written permit for same from the Superintendent of Public Works.
The permit shall be granted upon satisfaction of the terms and conditions
as herein set forth:
A.
Except as hereinafter provided, not less than 24 hours
prior to the proposed time for such digging or excavation, written
application shall be made to the Village Clerk for a permit therefor.
Such application shall state:
B.
The fee for each permit shall be set from time to
time by resolution of the Village Board of Trustees, who shall be
empowered to provide for reasonable classes of fees based upon estimated
costs to the Village.
[Amended 9-19-1988 by L.L. No. 1-1988]
C.
Each application for a permit shall further be accompanied
by a certificate of insurance, in form approved by the Village Attorney,
and issued by an insurance company authorized to do business in the
State of New York, running to the Village, guaranteeing that the applicant
has provided public liability coverage of not less than $100,000/$300,000
and property damage insurance of $50,000/$100,000 to save the Village
harmless from all claims, actions and proceedings brought by any person
for injury to person or property resulting from or occasioned by any
fault or default of the person to whom the permit is issued, or by
anyone acting thereunder on his behalf.
D.
All excavating and filling shall be completed by the
applicant within a reasonable time. Upon completion, the Village will
restore the street and/or sidewalk to complete repair. Until such
complete repair has been made, all liability for the condition of
the street remains upon the applicant. All trenches shall be backfilled
by hand and tamped in layers not exceeding 12 inches in depth in the
traveled way, and by puddling outside the traveled way where, in the
opinion of the Superintendent of Public Works, soil conditions permit.
E.
The person to whom the permit is issued shall maintain
sufficient guards, barricades, lights or watchmen or protect persons
and property against injury and damage by reason of such openings.
F.
In the case of utility companies which may be permitted
by the Superintendent of Public Works to restore the street and/or
sidewalk to complete repair under his supervision, the fee for each
permit shall be $10 and such fee shall accompany each application.
In an emergency calling for the immediate opening
of a street or sidewalk to prevent injury or damage to person or property,
application shall be made for an emergency permit to the Village Clerk
during office hours, or to the Police Department at any other time,
either in person or by telephone, and authority shall be granted to
proceed with the necessary work. As soon as the condition of emergency
no longer exists, the applicant shall comply with all the preceding
sections of this law and failure to do so shall be considered a violation
hereunder.
