[Adopted 10-22-1996 by L.L. No. 6-1996]
A.
Application. No person shall open or cause to be opened, by cutting
or digging, the surface, pavement, sidewalk or curbing or soil in
any street, highway, or public place under the jurisdiction of the
Village without first obtaining the written consent of the Superintendent
of Public Works or his representative and paying the prescribed fees
therefor or without complying with the provisions and conditions relating
thereto as hereinafter provided.
B.
Fees established by Board of Trustees. The Board of Trustees shall
by resolution establish a uniform set of fees for the written consent,
which shall be based upon the estimated actual costs and expenses
to be borne by the Village in restoring the street, highway or other
public property to its former usefulness. The Board of Trustees may,
from time to time, change said fees to reflect changes in costs and
expenses.
All excavators shall contact the required agencies and departments
to locate all underground facilities prior to commencing any excavation.
Once marked on site, excavators shall verify the precise location
of all underground facilities. The excavator shall be responsible
for protecting and preserving the stakings, markings, or other designations.
Excavators shall provide support and prevent damage to any underground
facility or its protective coating.
Any person making or causing to be made any such excavation in the street, highways, or public places of the Village shall properly guard or barricade such excavation at all times and shall install and maintain adequate and sufficient warning devices to warn the public and shall restore the street, highway, or public property to its former usefulness according to § 206-20.
All excavated materials shall be removed, following which all
openings shall be carefully backfilled for their entire length, width,
and depth in the street or highway area including the area between
the curb and the property line, with bank-run gravel or crushed stone
well tamped. Additional bank-run gravel or crushed stone shall be
added by the permittee as long as any settlement occurs, following
which the pavement, curbing or other improvement shall be restored
either by the permittee or the Village as determined in the permit.
A.
Bond in lieu of paying fees. Public service corporations may, in lieu of paying the fees established pursuant to § 206-17 of this chapter, file with the Village Clerk a bond to be approved as to form, amount and sufficiency of sureties by the Superintendent of Public Works, conditioned upon the proper restoration of street, highways and public places, in accordance with the directions of the Superintendent of Public Works and to his satisfaction; the payment to the Village, upon demand, of any costs and expenses incurred by said Village; and the saving of the Village of Medina, its officers and employees, harmless from any loss, injury, or damage due to opening streets, highways, or public places, or to any negligence or fault of such corporations, their employees or agents, in connection therewith.
B.
Separate permits not required; amount of bond. All persons engaged
within the Village of Medina in the telephone, gas or electric business
or any other business, the nature of which would require or result
in frequent applications for permits to make obstructions or excavations
in the streets, highways, or public places of the Village, shall not,
however, be required to obtain separate permits, but in such cases
a general bond shall be given in lieu of any permit indemnifying the
Village of Medina from any and all loss, cost or damage as aforesaid
resulting or arising directly or indirectly at any time from any act
done by said public service corporation. Said bond shall be in the
amount as determined by the Board of Trustees and shall be renewed
annually, or as long as such person continues to do business with
the Village of Medina.
C.
Notification required.
(1)
Notwithstanding the foregoing, public service corporations shall
advise the Superintendent of Public Works, in writing, as soon as
feasible but no later than 30 days prior to making any obstructions
or excavations, of its intention to do so, except in case of emergency,
in which event notification shall be made as soon as possible prior
to or after the emergency and need not be in writing.
(2)
The Superintendent of Public Works shall have the power and authority
to direct any public service corporation to coordinate its work with
the Village, its independent contractors or other persons authorized
to make excavations or work in streets, highways or public places.
A.
Applications. Applications for making an excavation in or upon public
street, highway or public place within the Village of Medina will
be accepted only if they are made by:
(1)
A public service corporation having on file with the Village Clerk a bond, as required in § 206-21 of this chapter, and a certificate of insurance.
(2)
Any other person whose application shall be accompanied by a bond, as required in § 206-21 of this chapter, approved as to form and sufficiency of sureties by the Superintendent of Public Works, to be given by the person by or in whose behalf such consent or permission is requested, indemnifying the Village of Medina against all loss, cost, damage or expense sustained or recovered on account of any negligence, omission or act of the applicant.
B.
All bonds shall be held for 90 days past the project completion date,
notification of which shall be made in writing to the Village of Medina.
C.
The application shall also be accompanied by a certificate of insurance,
with the Village of Medina named as an added insured. Unless otherwise
required by special specifications, each policy shall have limits
of not less than the following:
|
Bodily Injury Liability
|
Property Damage Liability
| |
|---|---|---|
|
Single limit
|
Single limit
| |
|
$1,000,000 each person
|
$1,000,000 each occurrence
| |
|
$1,000,000 each occurrence
|
A.
Barriers and warning devices. Any person making or causing to be
made an excavation or opening in any street, alley, sidewalk or other
public place shall keep such excavation or opening fenced and barricaded
with substantial barriers to secure public safety and shall place
and keep in operation suitable warning devices to warn all persons
of such excavation, opening or obstruction.
B.
Interference prohibited. No unauthorized person shall remove or in
any way interfere with any such warning devices or barriers.
All work done pursuant to this chapter shall be done and performed
subject to the approval of the Superintendent of Public Works.
