A. 
Definitions. For the purposes of this section, the following terms shall have the following meanings:
DISPLACEMENT OF SOIL
The breaking or opening of the unpaved portions of the streets or highways of the Village of Roslyn for any purpose.
EXCAVATION
The breaking or opening of the pavement of the streets or highways of the Village of Roslyn for any purpose.
HIGHWAY
The entire width between the boundary line of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular traffic.
PLACEMENT OF STRUCTURES
The placement of any structure within a street or highway, such as but not limited to telephone poles or other utility poles and/or any wires and anchors used to support telephone poles or other utility poles and the cables appurtenant thereto.
B. 
No person shall excavate, displace soil or otherwise make any opening or place structures within or on the highways or public places of the Village without first having obtained a permit from the Superintendent of Buildings or Superintendent of Public Works.
C. 
Upon application in writing, on forms supplied by the Superintendent of Public Works, filed with the Department of Building and Code Enforcement, stating the purpose, extent, location and nature of a proposed excavation, displacement of soil or placement of structures on or within the highways of the Village, the Mayor may grant or refuse a permit therefor. Except where such excavation, displacement of soil or placement of structures is conducted by a water, gas, telegraph, telephone, or electric light company, the Mayor may require a basic fee in such amount as shall be set from time to time by the Board of Trustees, plus a deposit for the repair of the affected portion of the highway to a condition equivalent to that existing prior to said excavation, displacement of soil or placement of structures. The unexpended balance of such deposit, if any, shall be refunded to the applicant/depositor. Each applicant shall file a certificate of insurance evidencing that the applicant has an insurance policy insuring the Village for personal liability and for property damage in amounts determined by the Superintendent of Public Works.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
D. 
No work shall be commenced under any permit granted pursuant to this section unless or until such notice as shall be directed by the Superintendent of Public Works shall have been given to public service corporations having lines, mains or other property on or in the highways.
E. 
All excavations in the highways shall be surrounded by suitable barriers or guards for the protection of persons using the highways in the daytime and, in addition thereto, by lights or flares from twilight continuously until daylight. Such barriers and lights shall conform in kind and numbers to the requirements of the Superintendent of Public Works. Failure to provide barriers and lights conforming to the requirements of the Superintendent of Public Works shall be prima facie evidence of a failure to provide such.
F. 
The Superintendent of Public Works is hereby authorized to promulgate standards and conditions for street and sidewalk openings. Such standards and conditions, and any amendments thereto, shall be subject to approval of the Board of Trustees and, once approved, shall be made a part of the administrative standards governing approval for building in the bed of a mapped Village road and drainage right-of-way.
A permit for the opening of a public street, highway, sidewalk or other public place shall provide that the party making the opening shall backfill, or cause to be backfilled, the opening and shall place thereon such temporary pavement as shall be approved by the Superintendent of Public Works, which pavement shall be maintained by the applicant until such time as the Superintendent shall decide that proper settlement to allow the laying of a permanent pavement has taken place, such time, however, not to exceed three months.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
Any person making an opening in a public street, highway, sidewalk or public way shall notify the Superintendent of Public Works prior to backfilling and placing of temporary pavement. The Superintendent of Public Works shall also be notified after backfilling and temporary paving of the opening has been completed.
The Village reserves the right to repair and resurface all openings in a public street, and the cost thereof shall be the responsibility of the applicant, including utility companies.
In case of an emergency break in any telegraph, telephone or electric wire, or in any water main, or in any other utility service, emergency openings may be made in pavements, crosswalks, drains or sewers or parts thereof without first securing the permit required by § 406-13B; provided, however, that such permit shall be applied for within 48 hours after said opening shall have been made.
Each water, gas, telegraph, telephone or electric light company or other public utility corporation shall execute and deliver to the Village an indemnity bond of a responsible surety company in such sum as shall be set from time to time by resolution of the Board of Trustees guaranteeing such restoration of the streets of the Village to their condition prior to the openings made by said company and the maintenance thereof for one year and indemnifying the Village against the nonperformance thereof.
In order to protect and preserve the health, safety and welfare of the inhabitants of the Village, whenever in his or her judgment such action is justified by reason of abnormal conditions arising out of unusual meteorological or similar conditions, the Mayor or, in his or her absence or inability to act, the Acting Mayor may declare the existence of an emergency in the Village and may thereupon take such action as he or she shall deem reasonably necessary to prohibit and regulate the use of the streets for the operation, parking and/or abandonment of automobiles or other vehicles during the period such emergency shall continue, and he or she shall cause suitable notice thereof to be given by causing appropriate signs to be posted on the streets and roads designated by him or her as affected by such emergency, to the end that fire equipment, ambulances and other types of snow removal and rescue equipment can reach their required destinations without undue hazards, hindrance, or delay.