No person shall leave or deposit any material of any kind, for building or other purposes, in any street or public place in the Village of Saddle Rock; or dig or cause to be dug any excavation, trench or other opening in any street or public place in said Village, for any purpose; or dig or remove or cause to be removed from any street thereof sand, gravel, trees or shrubbery; or tear up or injure any pavement, crosswalk, drain sewer or any part thereof; or erect, lay or cause to be erected or laid any telephone, telegraph, electric light or other poles or any drain, conduit or other pipe over, in, upon or under any street or public place in said Village; or move or cause to be moved or assist in moving any building into, along or across any such street or public place; or move or cause to be moved or assist in moving along or across any such street or public place any bulldozer, tractor, earthmoving or similar machine or machines, without first having obtained written permission from the Village Clerk for that purpose, conditioned upon the doing of such work under the supervision of the Village Engineer, upon proper bond, the amount of such bond to be fixed by application to the Board of Trustees, and upon keeping clear at all times a sufficient and safe passageway for pedestrians and vehicular traffic and upon proper guarding of the same, both day and night, so as to prevent accidents or danger.
[Adopted 6-4-1952 by Ord. No. 9]
[Amended 3-6-1996 by L.L. No. 1-1996; 5-1-2002 by L.L. No. 2-2002]
A.
No such permit shall be issued until and unless the applicant desiring the same shall, at the time of such application for permit, pay to the Clerk of the Village the required fee for such permit and deposit with such Clerk a sum in cash, set by resolution of the Board of Trustees from time to time, to guarantee the proper restoration of said street, road, highway or public place to its former condition in accordance with Village requirements, and as set forth in this article. The fee is based on the street opening square footage; for an up to 20 square foot opening, the fee will be $2,500 for a renovation and $5,000 for new construction. For larger openings, the fee will be assessed up incrementally.[1]
[1]
Editor's Note: The last two sentences of this subsection were added at the request of the Village Board of Trustees.
B.
Restoration and repaving of each such street, highway or public place shall be performed by the permittee in accordance with the provisions of § 126-1.7 of this article, and the directions of the Village Engineer or Building Inspector, including backfilling and temporary pavement surface and permanent new pavement of the highest grade, whether or not the same shall correspond to the replaced pavement, and shall include maintenance thereof for a period of one year to a condition which meets the approval of the Village Engineer or Building Inspector. At the option of the Village, all such restoration and repaving may be done by or at the instance of the Village, under the direction of the Building Inspector or Village Engineer, at the expense of the applicant, at the fair and reasonable charges made by the Village for such work.
[Added 3-6-1996 by L.L. No. 1-1996]
In lieu of the cash deposit required by § 126-1.1 hereof, the applicant, if such applicant is the owner of real property within the Village abutting the street, highway or public place to be restored or repaved and if the Board of Trustees approves, may execute and deliver to the Village an indemnity bond of a responsible surety company, acceptable to the Board of Trustees, in an amount adequate to cover such cost of restoration or repavement so computed, giving adequate assurance that the cost of such restoration or repavement shall be paid.
[Added 3-6-1996 by L.L. No. 1-1996]
Any public utility or transportation corporation or special district supplying a utility service to persons and properties in the Village, in lieu of the cash deposit required by § 126-1.1 hereof, may execute and deliver to the Village an indemnity bond of a responsible surety company, acceptable to the Board of Trustees, in an amount to be established by resolution of the Board of Trustees, conditioned to cover the cost of all restoration or repavement required under any permits issued to such corporation or district and giving adequate assurance that all such costs will be paid.[1]
[1]
Editor's Note: By resolution of 8-7-2002, the Board of Trustees established the amount of the indemnity bond as $100,000 for each permit issued to each public utility or transportation corporation or special district to whom one or more permits are issued and outstanding.
[Added 3-6-1996 by L.L. No. 1-1996]
Each application shall also be accompanied by a certificate of insurance in a form approved by the Village Attorney and issued to the Village by an insurance company authorized to do business in the State of New York. Such certificate shall certify that there is in effect for a period of at least 15 months from the date of such certificate (and continuing until at least 12 months after the date of completion of the work for which the application is submitted), liability insurance in an amount to be determined by the Board of Trustees. The Village of Saddle Rock shall be a named insured or additional insured on such certificate, and the certificate shall indicate that the insurance policy shall not be canceled or nonrenewed without at least 15 days' prior notice to the Village, in writing. The submission of such an application shall also constitute an agreement on the part of the applicant to indemnify the Village and save the Village harmless from and against all claims, actions and proceedings by any person and any expenses arising from bodily injury or property damage resulting from or occasioned by any fault or default by the Village or the applicant or their employees or agents or by any person to whom the permit is issued or any person acting thereunder.
[Added 3-6-1996 by L.L. No. 1-1996]
The balance, if any, of any cash deposit made as required by this article which shall remain after the cost thereunder shall have been fully paid and shall be refunded by the Village Treasurer upon resolution of the Board of Trustees. Any cost in excess of such cash deposit or in any excess of the limits of coverage furnished by such a surety bond shall be paid by the applicant.
[Added 3-6-1996 by L.L. No. 1-1996]
Any such written permission from the Building Inspector shall be conditioned upon such work or activity being done under the supervision of the Building Inspector or the Building Inspector's designee upon keeping clear at all times a sufficient and safe passageway for pedestrians and vehicular traffic and upon proper guarding of the same both night and day so as to prevent accidents or danger.
[Added 5-1-2002 by L.L. No. 2-2002]
All such restoration and repaving shall be done in conformity with the specifications and construction details applicable to such restoration and paving done with respect to county roads, unless the Village Engineer directs compliance with other specifications and construction details. In addition to compliance with such requirements, any restoration of pavement shall include restoration of all pavement, in a square or rectangular pattern over an area at least one foot wider on each side than the area required to be disturbed (except where any portion of the area required to be repaired is within one foot of a curb, in which case the restoration shall be to the curb) except where the Board of Trustees provides otherwise upon request of a person to whom a permit has been or may be issued.
A.
Any person violating any provision of this article or who shall fail or neglect to carry out any order or direction given to such person by the Code Official pursuant to this article shall be guilty of a violation. Each day upon which any such violation shall exist shall be deemed to be a separate violation.[1]
[Amended 12-2-1987 by L.L. No. 13-1987]