[HISTORY: Adopted by the Board of Trustees of the Village of Old Field 5-11-2010 by L.L. No. 2-2010. Amendments noted where applicable.]
No municipal corporation, public utility corporation, corporation, person or association of persons shall excavate or open the surface of any public or private street, road or highway which is open to public motor vehicular traffic, or any street, road or highway or part thereof in and over which the Village shall have jurisdiction, or shall in any way alter any curbing, gutters, gutter basins, drainage lines or other works within such a street, road or highway for any purpose without a written street-opening permit from the Village Clerk.
No street-opening permit shall be issued by the Village Clerk except to a municipal corporation, a public utility corporation, or an owner of property assessed upon the Village assessment roll on an application signed by said owner or on behalf of said owner by his duly authorized agent (authorization of an agent shall be signed by the owner and acknowledged before a notary public and shall accompany the application).
Persons or corporations other than those mentioned in § 94A-2 may be granted street-opening permits only when authorized by the Board of Trustees on such terms as shall be required by said Board.
No street-opening permit shall be issued unless and until the applicant has paid to the Village Clerk the required fee, which shall be established from time to time by resolution of the Board of Trustees.
No street-opening permit shall be issued unless and until the applicant has deposited with the Village Clerk a sum in cash, established from time to time by resolution of the Board of Trustees, to be applied by the Village to the cost of restoration of the street, road or highway to the condition before the opening in the event that the applicant shall fail or omit to make or complete such restoration.
In lieu of the cash deposit required by Subsection B hereof, an applicant may deliver to the Village Clerk an indemnity bond of a responsible surety company or, with the approval of the Board of Trustees, its personal corporate bond, in a sum equal to the required cash deposit, guaranteeing the restoration of the street, road or highway to its condition before the opening was made and the maintenance thereof for one year and to indemnify the Village against the nonperformance thereof.
In the case of a deposit, after restoration of the street, road or highway is made, if the cost to the Village has not amounted to the sum deposited to cover the cost, the Board of Trustees may, by resolution, authorize the Village Treasurer to refund to the applicant the balance. However, if the cost shall exceed the sum on deposit, the applicant shall, on demand by the Village, pay such excess amount. Upon failure to pay by a permittee or owner of property in the Village, said excess amount shall be assessed against such permittee or owner of the property as provided by law.
The permittee shall restore the street, road or highway to its condition before the opening and, on default thereof, the Board of Trustees may have the restoration work completed by the Village. Such default shall be effective on three days' notice given by certified mail to the permittee, addressed to the address given on the application for the permit.
The permittee making the opening shall backfill or cause to be backfilled the opening and shall place thereon temporary pavement which shall be cared for by the permittee until such time as proper settlement has taken place to allow the laying of a permanent pavement. The Village shall be notified at all stages of the work for the purpose of inspection. As a minimum, compliance with County of Suffolk requirements and regulations for the making of street openings, backfilling, replacement of pavement and curbing shall be acceptable for the performance of said work.
All openings, when unguarded, shall be barricaded, as shall be required for public safety, and shall be lit between sunset and sunrise.
Prior to the issuance of a street-opening permit, there shall be furnished to the Village a policy of insurance, insuring the Village against public liability and property damage with limits of $1,000,000/$500,000 for personal injuries and $100,000/$50,000 for property damages. A municipal corporation or public utility corporation may, in lieu of an insurance policy, file with the Village its bond to hold the Village harmless from all damages to persons or property, including the defense of any action, which may result from the issuance of any street-opening permit and the work in connection therewith.
The work to be done under any street-opening permit shall be commenced, continued and completed with due diligence and expeditiously.
All work for which a street-opening permit has been issued shall be completed prior to the expiration date of said permit.
A street-opening permit shall be valid for 30 days, except as hereafter provided.
A street-opening permit shall expire unless work pursuant thereto has been commenced within 10 days of the date of issuance.
A street-opening permit shall be deemed in effect during the time required for the settling of backfill and restoration of permanent pavement, but in no event shall the permit continue in effect later than three months after the date of issuance unless the Board of Trustees shall further extend the time for good cause.
The Board of Trustees shall have the power to revoke a street-opening permit issued hereunder whenever it shall find that the permittee shall have refused, failed or omitted to comply with any provisions of this chapter.
Any person violating any provision or requirement of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, be punished by a fine of not more than $500 or by imprisonment for a period not exceeding 30 days, or by both such fine and imprisonment. A continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.