[Adopted 7-25-1932 by Ord. No. 1; amended in its entirety 7-14-1958 (Ch. 86 of
the 1975 Code)]
No person, firm or corporation shall open up, dig or excavate
in the roadbed, pavement or gutters of any street or public place
of the Village of Farmingdale, or alter the grade thereof, except
upon compliance with the provisions herein and in accordance with
a permit issued by the Village Clerk-Treasurer as hereinafter provided.
The fee hereby established for the issuance of such permit shall be
set from time to time by resolution of the Board of Trustees, with
a schedule of such fees to be maintained by the Village Clerk-Treasurer,
except that no fee shall be charged a public service corporation for
the installation or relocation of poles. Said fee is to cover the
cost of issuing and recording the permit and the supervision and inspection
of the work done in connection therewith.
A.
Except as provided in § 485-23 hereof, not less than 24 hours prior to the proposed time for such digging or excavating, application shall be made to the Village Clerk-Treasurer for a permit therefor. Such application shall be signed by the applicant and shall contain a description of the precise place wherein applicant desires to dig or excavate, with the distance from the nearest street intersection or from the property abutting the street at the point proposed for excavation, the period of time it is to remain open, the type of existing road surface, and such other information as may be required by rule or regulation of the Board of Trustees.
A.
Each application shall be accompanied by a cash deposit adequate,
as determined by the Village Board of Trustees, to cover the cost
of restoring the street and its pavement to a condition which meets
the approval of the Village Superintendent of Public Works.
B.
Public service corporations. Unless otherwise agreed upon between a public service corporation and the Village of Farmingdale, a public service corporation may, in lieu of the cash deposit, file and keep on file with the Village Clerk-Treasurer a bond in the amount set by the Village Board of Trustees, guaranteeing the restoration of the street to its condition before the opening was made. Said bond to be approved as to form, amount and sufficiency of surety by the Village Counsel, and the said bond to be retained as security for the faithful performance by the applicant of all the terms, agreements, covenants and conditions of the permit on the applicant's part to be done or performed. Said bond provided hereinabove shall be considered as a deposit, and the provisions of § 485-20 of this article in regard to the disposition of deposits shall apply to public service corporations in the same manner as specified for other permittees in § 485-20 of this article.
No person, firm or corporation shall be permitted to tunnel
under any roadbed, pavement or any street of the Village, but shall
completely cut through said roadbed or pavement from the surface thereof
or by jacking a sleeve under the road.
A.
Each application for a permit shall further be accompanied by a certificate
of insurance, in the form approved by the Village Counsel and issued
by an insurance company authorized to do business in this state, running
to the Village as assured, guaranteeing that the applicant has provided
public liability coverage and property damage insurance in amounts
set from time to time by the Board of Trustees to save the Village
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 person to whom the permit is issued or by
anyone acting thereunder on his behalf.[1]
B.
A public service corporation may, in lieu of the insurance hereinbefore
specified for street opening, file and keep on file with the Village
Clerk-Treasurer an agreement, approved as to form by the Village Counsel,
to indemnify and save harmless the Village of Farmingdale from claims,
suits, actions, proceeding, losses, injuries, damages and costs of
every name and description arising out of or resulting from any act
or omission on the part of such public service corporation under any
such permit granted to it, or from any negligence or fault of such
public service corporation, its contractors, agents, servants or employees
in connection with sidewalk, curb or driveway work or repairs or street
openings or any work related thereto, and to also defend on behalf
of the Village of Farmingdale any such suits, actions or proceedings
which may be instituted against the Village of Farmingdale.
As a condition precedent to receiving a permit, the applicant shall agree that immediately upon completion of his work, and, when required, after inspection and approval, he will backfill the excavation and forthwith notify the Village Superintendent of Public Works that the same has been backfilled. Thereafter, when the Village restores the street at the place excavated to complete the repair, the cost thereof will be paid by the permittee, the amount due being taken from the sum placed on deposit as provided in § 485-17A hereof, and the balance, if any, shall be refunded to the permittee. Until such complete repair has been made, all liability for the condition of the street shall remain upon the permittee.
All street openings, excavations and grading in any street of
the Village of Farmingdale ordered by the Village Board of Trustees
or performed by the Street Department of the Incorporated Village
of Farmingdale shall be exempt from the provisions of this article.
Whenever any concrete surface is opened in any street or public place of the Village of Farmingdale, replacement shall be made with a concrete panel having a minimum width of 10 feet. On stone-base roads, replacement must be made by installing a four-inch thickness of two-inch crushed stone, penetrated and chinked and finished with a one-and-one-half-inch wearing course. On oiled-dirt roads, replacement must be made with two inches of cold, asphaltic patch. Replacement of stone-base and oiled-dirt roads must be made by cutting away surrounding road surface to extend a minimum of two feet beyond the extremities of the asphaltic opening or trench in all directions unless a smaller cutback is permitted or directed by the Village Superintendent of Public Works. Before any trench opening shall be made with a trenching machine, the applicant shall notify the Village Superintendent of Public Works of the time work is to be commenced, which notification shall be given at least 24 hours prior to commencement of such work, except as provided in § 485-23.
A.
In an emergency, such as the breaking of a main or stoppage of a
sewer line or other condition calling for immediate opening of a street
to prevent loss or injury to property, application may be made to
the Village Clerk-Treasurer for an emergency permit, in person or
by telephone, and authority shall be granted to proceed with the necessary
work forthwith.
B.
If such emergency develops during hours when the Village office is
closed, as during the night or on holidays, notification thereof shall
be made to the Police Department of the County of Nassau, in person
or by telephone, before proceeding with the street opening.[1]
C.
It shall be the duty of every person who undertakes to open a street under the provisions of this section, to place warning signs, lights and barriers to protect the public, and upon the first day of resumption of regular business at the Village office, to comply with the provisions of §§ 485-15, 485-16, 485-17, 485-18, 485-19 and 485-20 hereof.
Whenever the surface of a street is disturbed or an opening
made therein, or when as a result of work done thereon there exists
a depression below the surrounding grade or an elevation higher than
the grade because of excess backfill or for other reasons, the persons
to whom the permit was issued or who have caused the hazard shall
provide adequate safeguard to the public by erecting a barrier or
fence, of distinctive type or color, marking the outside limits of
the affected area, and bearing warning signs distinguishable by day
and adequate numbers of lighted lanterns or flares to give warning
of the danger after dark.
A.
Any person, firm or corporation violating any provisions of this
article shall be subject to a penalty not exceeding $250 or 15 days'
imprisonment, or both, for each and every offense, and such violation
shall constitute disorderly conduct and the person violating same
shall be a disorderly person.[1]
B.
In addition to the foregoing penalties, any permit issued hereunder
may be canceled and permission to do similar work may be withheld
from the offender for a period of six months from the time of such
violation.
