The Intent of the Board of Trustees of the Village of Celoron
is to implement a local law for rules and regulations for excavating
on streets within the boundaries of the Village of Celoron.
[Amended by L.L. No. 7-1991]
An application must be submitted to the Highway Superintendent
of the Village of Celoron, which application shall contain a statement
agreeing to indemnify the Village for any damage resulting from the
excavation in the street, curb and/or sidewalk. Also, a certificate
of liability insurance with a limited liability of at least $300,000
including collapse, underground and completed operations coverage
must be filed with the Village of Celoron.
The applicant must in his application agree to restore the street,
curb and/or sidewalk to the condition existing prior to the excavation.
In filling the excavation, all fill must be tamped, and the
last 24 inches shall be filled with good gravel, and if the road in
which the excavation was made was a carpet-coat or blacktop road,
the surface of the trench, when filled, must be either blacktop or
carpet-coated to match the remaining portion of the street, curb,
and or sidewalk.
The applicant shall not be released from liability hereunder
for a period of at least one year following notification to the Highway
Superintendent that he has filled in the ditch, repaired curb and/or
sidewalk.
[Amended by L.L. No. 6-1991]
This article shall be effective immediately upon filing with
the Secretary of State and State Comptroller of the State of New York
in accordance with the Municipal Home Rule Law.
[Amended by L.L. No. 6-1991]
All landowners will be charged with any violation of this chapter
committed by anyone working on their property. Any landowner who is
in violation of this chapter shall be fined up to $250 per day plus
the cost of restoration or filling. In addition, anyone in violation
of this chapter who is later sued and who does not have liability
insurance shall be responsible for all costs to repair the property,
including collapse, and all problems that would normally be covered
through underground and completed operations coverage. The landowner
shall also be responsible to the Village for all costs resulting from
damage to the street, curb and/or sidewalk resulting from excavation.