[HISTORY: Adopted by the Board of Trustees of the Village of Nissequogue 5-15-2001 by L.L. No. 2-2001. Amendments noted where applicable.]
No person, firm, partnership, association, corporation, company or organization of any kind shall alter the grade, dig or excavate in the roadbed, pavement or shoulders of any street within the village for any purpose without first obtaining a permit from the Village Building Inspector, as hereinafter provided.
Application shall be made in writing on a form to be approved by the village, of the Building Inspector, who shall have the responsibility of issuing such a permit. Such application shall state:
The name of the applicant and whether the applicant is either a contractor or a representative of a division, a department or branch of government, or a utility corporation, or a plumber or electrician licensed by the County of Suffolk.
The person or entity for whom the work is to be performed.
The nature, extent and purpose of the proposed excavation.
The precise place whether the applicant desires to dig or excavate, including the distance from the nearest street intersection or from the property abutting the street at the point proposed for excavation.
Application must be accompanied by a general undertaking, in such form and surety as may be approved by the Village Board, or a cash deposit, approved by the Board of Trustees, in an amount fixed by the Board at not less than $2,000, adequate to cover the cost of restoring the street and its pavement to a condition that meets the approval of the Village Engineer. Upon the completion of the excavation, and upon the approval of all work performed hereunder, a maintenance bond of an amount equal to 25% of the performance security shall be deposited with the Village for a period of one year from the date of approval.
Each application for a permit shall further be accompanied by a certificate of insurance, in a form approved by the Village Attorney and issued by an insurance company authorized to do business in this state, running to the Village of Nissequogue, guaranteeing that the applicant has provided public liability coverage of not less than $500,000/$1,000,000 and property damage insurance of $100,000/$300,000 to hold the Village of Nissequogue 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 applicant, or by anyone acting thereunder on his behalf.
[Amended 9-17-2002 by L.L. No. 3-2002]
A permit fee, as established by resolution of the Board of Trustees, shall accompany each application submitted in accordance with this chapter for any excavation up to 100 feet, fees for additional excavation to be determined by the Building Inspector.
The Board of Trustees shall require any person making a street excavation pursuant to the 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 no work shall be commenced or done under such permit until such requirement of notice to the Building Inspector and each affected utility has been fully complied with under the rules of the Public Service Commission.
Construction specifications and regulations will be promulgated by the Village Engineer and must be strictly adhered to by the permittee.
In the event of an emergency, such as the breaking of a main, or other condition calling for immediate opening of a street to prevent loss or injury to property, application may be made to the Board of Trustees or its designee for an emergency permit, in person or by telephone, and the authority shall be granted to proceed with necessary work forthwith.
In case of an emergency arising outside of office hours, at night, weekends, or legal holidays, when an immediate excavation may be necessary for protection of public or private property, the same shall be reported to the Police Department, which shall grant permission to make the necessary excavation upon the express condition that an application be made in the manner herein prescribed on or before 12:00 noon of the next following business day.
In the alternative, upon a determination by the Board of Trustees or its designee that an emergency exists that threatens loss or injury to person or property, the Board may direct the Village Engineer to perform the necessary repair and charge the applicant.
Applicants shall notify the Village Engineer when work has been completed, after which a final inspection will be made by the Village Engineer or his duly authorized agent. Upon approval of the work, and receipt of the maintenance security required, the Village Engineer shall authorize the Village Treasurer to release the performance security provided hereunder.
Any person, firm or corporation violating any provision of this chapter shall be guilty of an offense punishable by a fine or imprisonment, or both. However, for the purpose of conferring jurisdiction upon courts and judicial officers, such violation shall be deemed a misdemeanor, and for such purposes only those provisions of law relating to misdemeanors shall apply to such violations. In lieu of the foregoing, any person violating any provision of this chapter shall be subject to a penalty in the sum of not more than $500 for the first violation and $1,000 for subsequent violations, such penalties to be recovered in a civil action in the name of the Village of Nissequogue.
The application of the above penalty shall not be held to prevent the enforced removal of the prohibited conditions.