A.
No person or corporation shall open, disturb or work within, erect
fences or structures, plant trees within or cause to be opened or
disturbed by cutting, missiling, boring, digging, resurfacing or excavating
the surface, soil, pavement or sidewalk within any street, highway,
between the curbline and sidewalk of any public street (the boulevard),
sidewalk or right-of-way, for any purpose whatever, without having:
B.
The term "corporation," as used herein, shall include public service
corporations such as Rochester Gas & Electric, Frontier, and Time
Warner Cable.
No permit shall be issued by the Superintendent of Streets for
an opening in a paved, improved or resurfaced street less than three
years old unless in the opinion of the Superintendent of Streets,
public health or safety requires that the proposed work be done immediately.
The Superintendent of Streets may issue a permit to any applicant
meeting the following qualifications:
A.
Such applicant or the applicant's agent shall have filed in
the office of the Superintendent of Streets an insurance certificate
showing coverages of the types and amounts as established by resolution
of the Mayor and the Village Board. Such insurance certificate shall
name the Village of Mount Morris as an additional insured and shall
include the coverage of completed operations.
B.
Such applicant shall have paid the appropriate fee to the Village.
C.
Such applicant shall have completed and signed an application form
(as prepared by the Superintendent of Streets), which shall include
a statement that the applicant has received and will comply with the
standards and specifications of the Village for work within its rights-of-way.
D.
Such applicant shall not have had a permit revoked within the past
three years.
E.
Franchises.
(1)
Such applicant shall have either:
(a)
Duly obtained a franchise from the Village Board for the use
of the Village's rights-of-way; or
(b)
Signed an agreement, in a form as prepared by the Village of
Mount Morris, committing the applicant to retroactively comply with
any franchise legislation duly adopted by the Village and uniformly
applicable to similar users of the Village's rights-of-way, or
to remove the applicant's facilities promptly after adoption.
(2)
These qualifications shall not apply to property owners or their
agents engaged in the construction or maintenance of driveways, commercial
entrances, or mailboxes.
Permits shall be of two types: annual and new.
A.
Annual permits shall permit the holder to maintain existing facilities,
including emergency repairs, to install new services from mains to
existing structures and to widen or resurface existing driveways.
The annual permits shall be valid only for the calendar year in which
they are issued.
B.
New permits shall permit the holder to install new facilities, new
mains or new driveways. New permits shall be valid for a period not
to exceed eight months or as directed by the Superintendent of Streets.
Fees for annual permits and new permits shall be established
from time to time by resolution of the Mayor and the Village Board.
The permit holder shall not assign, transfer or otherwise dispose
of the permit to any person or corporation.
Notice to the Village of the location of work requiring such
permits shall be upon forms or facsimiles thereof as approved by the
Superintendent of Streets. Notice to the Village for emergency repairs
shall be made no later than one business day after the start of the
work. Notice to the Village for all other work shall be furnished
at least five business days prior to the start of the work. For these
purposes, "emergency repairs" shall be defined as those unforeseeable
repairs to existing facilities necessary to protect the public from
imminent danger or necessary to assure uninterrupted utility service
and shall also be defined to include new, temporary facilities as
necessary to provide continuous utility service while repairs arc
made to existing facilities.
The Superintendent of Streets may revoke any permit issued hereunder
for any or all of the following reasons:
A.
Failure to maintain an insurance certificate showing the required
coverage's for the entire duration of any work.
B.
Failure to pay fees.
C.
Failure to provide the required notice of the location within the
required schedule.
D.
Failure to adhere to the Village's standards and specifications
for work within the right-of-way.
E.
Failure to comply with the Superintendent of Street's direction to suspend work under § 199-59, Scheduling of work.
F.
Other good and sufficient reason.
A.
The Village specifications and standards shall be proposed from time
to time by the Superintendent of Streets and shall be adopted and
amended by resolution of the Mayor and the Village Board. These standards
shall deal with such subjects as the materials to be used, the tools
and techniques, the execution of the work, the restoration of the
site and the maintenance and protection of traffic.
B.
The following are hereby adopted as a part of the Village's
standards and specifications:
(1)
All maintenance and protection of traffic shall be in complete accord
with the New York State Manual of Uniform Traffic Control Devices,
as it may be amended from time to time by the State of New York.
(2)
All disturbed areas within the right-of-way are to be restored to
their original condition on a schedule to be approved by the Superintendent
of Streets. Absent satisfactory evidence from the applicant to the
contrary, it shall be presumed that the facilities, in their undisturbed
condition, were fully operable, safe for public travel and in good
condition.
Work shall be conducted only after specific notice to the Superintendent of Streets as provided in § 199-56, Notice to the Village, and only if no verbal or written notice to the permittee to suspend work has been provided by the Superintendent of Streets or designee. Work shall be delayed, at the direction of the Superintendent of Streets, as necessary to coordinate it with the work of the Village or with the approvals of related developments.
The following activities within the right-of-way shall not require
a permit:
In the event that any permit holder fails to do anything required
hereunder, the Superintendent of Streets may cause the same to be
done, and the cost of the same shall be charged to the permit holder,
who shall be liable therefor.
Failure to obtain a permit or approval for any act where required
by this article shall constitute a violation, punishable as contained
herein. A violation of any provision of this chapter shall be punishable,
upon conviction, by a minimum fine of $250 up to a maximum fine of
$2,500 or by imprisonment for not more than 15 days, or both. Each
unnoticed location and each day that passes without the proper restoration
of a location shall constitute a separate offense.
