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Village of Walden, NY
Orange County
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Table of Contents
Table of Contents
Code
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No person shall open up, dig, excavate or tunnel under any street, sidewalk, gutter, curb, crosswalk or pavement within the Village of Walden, New York, without first obtaining a written permit for same from the Superintendent of Public Works. The permit shall be granted upon satisfaction of the terms and conditions as herein set forth:
A. 
Except as hereinafter provided, not less than 24 hours prior to the proposed time for such digging or excavation written application shall be made to the Village Clerk for a permit therefor. Such application shall state:
(1) 
The name of the applicant.
(2) 
The occupation of the applicant and the reason for the work.
(3) 
The exact location of the work and the expected extent of the work.
B. 
Each application shall be accompanied by a cash deposit adequate to cover the cost of restoring street and/or sidewalk to a condition which meets the approval of the Superintendent of Public Works or, in the alternative, a surety company bond, to be approved by the Village Attorney, giving adequate assurance that satisfactory repavement will be made.
C. 
Each application for a permit shall further be accompanied by a certificate of insurance, in form approved by the Village Attorney and issued by an insurance company authorized to do business in the State of New York, running to the Village, guaranteeing that the applicant has provided public liability coverage of not less than $100,000/$300,000 and property damage insurance of $50,000/$100,000 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.
D. 
Any person, firm or corporation whose business is of such a nature as would require obtaining frequent permits for digging or excavation shall not be required to file a separate bond for each application but may provide a general bond annually, to be approved by the Village Attorney, in the penal sum of not less than $5,000.
E. 
All excavating shall be completed within a reasonable time. Upon completion, the Village shall restore the street and/or sidewalk to complete repair, the cost thereof to be paid by the applicant, the amount due being taken from the sum placed on deposit as hereinabove provided. In the alternative, upon the written consent of the Superintendent of Public Works, the applicant may restore the pavement to complete repair under supervision of the Superintendent of Public Works. Until such complete repair has been made, all liability for the condition of the street remains upon the applicant. All trenches shall be backfilled by hand and tamped in layers not exceeding 12 inches in depth in the traveled way and by puddling outside the traveled way where, in the opinion of the Superintendent of Public Works, soil conditions permit.
F. 
The person to whom the permit is issued shall maintain sufficient guards, barricades, lights or watchmen to protect persons and property against injury and damage by reason of such openings.[1]
[1]
Editor's Note: Former Subsection G, regarding the permit fee, which immediately followed this subsection, was repealed 5-9-1989 by L.L. No. 2-1989, which local law repealed all existing permit and license fees contained in the Code of the Village of Walden. See now Ch. A310, Fees.
In an emergency calling for the immediate opening of a street or sidewalk to prevent injury or damage to person or property, application shall be made for an emergency permit to the Village Clerk during office hours or to the Police Department at any other time, either in person or by telephone, and authority shall be granted to proceed with the necessary work. As soon as the condition of emergency no longer exists, the applicant shall comply with all the preceding sections of this article, and failure to do so shall be considered a violation hereunder.