[HISTORY: Adopted by the Board of Trustees of the Village
of Kensington 2-18-1981 by L.L. No. 2-1981. Amendments noted where
applicable.]
GENERAL REFERENCES
Notification of defects — See Ch. 100.
A.
No person shall change the grade of any public sidewalk, road, street,
highway or parkway in the Village for any purpose whatsoever, nor
shall any person lower any curb, without having first made application
in writing to and securing a written permit from the Village Clerk.
The application shall be accompanied by a sketch or plan indicating
the points on the property line at which the lower curb shall begin
and end, as measured from the nearest street intersecting such curb
or sidewalk.
B.
The fee for such permit shall be as provided by resolution of the
Board of Trustees.
[Amended 3-21-1990 by L.L. No. 3-1990]
A.
No person shall leave or deposit any material of any kind for building
or other purposes in or upon any public road, street, highway, parkway
or sidewalk (whether paved or unpaved) or other public place in the
Village, or dig or cause to be dug for any purpose any excavation,
trench or other opening in any street, road, highway, parkway, sidewalk
or public place in said Village, or dig or remove or cause to be dug
or removed therefrom any earth, stone, sand or gravel, or tear up
or damage any pavement, sidewalk, crosswalk, drain, sewer or any part
thereof, or erect, lay or cause to be erected or laid any telegraph,
telephone, light or other poles or any drain, conduit or other pipe
under, in or upon or over any road, street, highway, parkway, sidewalk
or public place in said Village, or move or cause to be moved any
building or structure upon, along or across any road, street, parkway,
highway, sidewalk or public place, without first having obtained from
the Village Clerk a written permit for that purpose.
B.
Such permit shall be conditioned upon said work’s being performed
in such manner that a sufficient and safe passageway for pedestrians
and vehicular traffic will be kept clear at all times, upon the proper
guarding of the same both by night and day so as to avoid accidents
and danger and upon the complete restoration of said road, street,
highway, sidewalk, parkway or public place to its original condition;
provided, however, that the Board of Trustees may, in its discretion,
condition the issuance of such permit upon the making and filing of
a bond made by the applicant as principal, with a surety or insurance
company duly authorized and licensed to do business in the State of
New York as surety, in such amount as the Board of Trustees may direct,
that the applicant will hold harmless from and will indemnify the
Village for any and all injury, loss or damage to person or property,
either of the Village or others, resulting from or caused by any act
or omission of the applicant, his agents, servants or employees or
any contractor employed by the applicant. Every permit for the opening
of a road, street, highway, sidewalk, parkway or other public place
shall provide that the person making the opening shall, as promptly
as possible, backfill or cause the same to be backfilled and shall
place thereon suitable temporary pavement which shall be cared for
and maintained by such person until such time as proper settlement
for the laying of permanent pavement shall have taken place, such
time not to exceed three months. Such road openings shall be inspected
by the Building Inspector at the time the road is opened, at the time
it is filled and at the final paving. The fees for such inspections
will be set by the Board of Trustees by resolution. Further, all final
paving shall occur from curb to curb. The person making or causing
the opening to be made shall notify the Village Clerk when said opening
has been backfilled and temporarily paved and when the laying of permanent
paving has been completed.
[Amended 10-15-2014 by L.L. No. 6-2014]
[Amended 3-21-1990 by L.L. No. 3-1990]
Each applicant for a permit to move or cause to be moved any
building, dwelling house, barn, garage, outbuilding or other structure
from one place to another upon, along or across any road, street,
parkway, highway, sidewalk or public place in the Village shall pay
such fee as provided by resolution of the Board of Trustees for each
day or part of a day on which the work takes place or each day such
structure is so in transit, in addition to meeting the requirements
for posting a bond in an amount determined by resolution of the Board
of Trustees to secure the proper restoration and indemnify for injury,
loss or damage as specified therein.
[Amended 3-21-1990 by L.L. No. 3-1990; 11-19-2014 by L.L. No. 9-2014]
A.
If any
person to whom a permit has been granted to open a street, road, highway,
parkway, sidewalk or public place in the Village and any owner of
property for which such permit has been granted shall fail, neglect
or refuse promptly to backfill or cause to be backfilled and covered
with temporary pavement any such opening, such opening may be backfilled
and covered with temporary pavement by the Village and such person
to whom a permit has been granted and any owner of property for which
such permit has been granted shall reimburse the Village for such
backfill at the rate per cubic yard established by resolution of the
Board of Trustees, and for such temporary pavement at the rate per
square yard established by resolution of the Board of Trustees.
B.
If any
such person to whom a permit has been granted and any owner of property
for which such permit has been granted shall fail, neglect or refuse,
within the time limited by the permit to backfill and restore to its
original condition the surface of any such road, street, highway,
parkway, sidewalk or other public place, the same may be backfilled
and restored by the Village and such person to whom the permit has
been granted and any owner of property for which such permit has been
granted shall reimburse the Village for such backfill at the rate
per cubic yard established by resolution of the Board of Trustees
and restoration of the road surface at the rate per square yard established
by resolution of the Board of Trustees.
C.
In addition to any other penalties or remedies available to the Village, in the event that the Village is not reimbursed by the person to whom the permit was granted or by the owner of the property for which the permit was granted, the cost of the backfilling and road restoration described in Subsections A and B of this section, plus an administrative fee of 10% of the cost of the backfilling and road resurfacing, shall be deemed to be a charge and lien against the property for which the permit was granted and shall be collected in the same manner as provided for the collection of real estate taxes due the Village.
D.
If, after
the opening shall have been backfilled and the surface of the road,
street, highway, sidewalk, parkway or public place shall have been
properly restored, there shall be a balance over and above the amount
of the deposit made as herein provided, then such balance shall be
returned to the person making such deposit; and if the cost of backfilling
and restoration of the surface shall exceed the sum deposited, the
excess shall be paid by such person.
[Amended 3-21-1990 by L.L. No. 3-1990]
The fee for the leaving or depositing of any material for building
or other purposes in or upon any public road, street, highway or sidewalk
(whether paved or unpaved) or other place in the Village shall be
as established by resolution of the Board of Trustees for each and
every day it shall be so left or deposited.
[Added 10-15-2014 by L.L. No. 6-2014]
Any violation of this chapter shall be punishable by a fine
of three times the permit fee for the work performed.
