[Adopted 3-19-1923, effective 4-16-1923; amended in its entirety 11-12-1991 by L.L. No. 7-1991]
A. 
No excavation or opening shall be made in any street, road, sidewalk or curb within the Village of South Nyack unless a permit therefor has been obtained from the Village Clerk, for which a fee has been paid by the applicant in accordance with the fee schedule adopted by the Board of Trustees. No work shall commence pursuant to said permit until approval has been obtained from the Superintendent of Public Works of the Village. In addition, no permit for a curb cut shall be issued until approval of such curb cut has been obtained from the Board of Trustees.
B. 
No permit shall be issued nor shall any excavation or opening be made in any street, road or sidewalk within a subdivision in which public improvements have been completed within five years after the completion of such street, road or sidewalk, unless the Board of Trustees, by resolution, approves the issuance of such permit based upon unusual circumstances. The Board of Trustees may impose whatever conditions it deems necessary in the granting of such permit.
Any person, firm, corporation or entity obtaining a permit to open or excavate any public street, road, sidewalk, curb or other public place, as hereinabove provided, shall restore such street, road, sidewalk or curb in accordance with specifications of the Village therefor and to the satisfaction of the Superintendent of Public Works.
Public liability insurance protecting the Village against liability for all negligence and other acts of the applicant, its agents and employees, in such amounts and by such company or companies as may be approved by the Village Attorney, must be obtained and filed with the Village Clerk prior to the issuance of any permit pursuant to this article. Such insurance shall remain in full force and effect for a period of at least one year after completion of the work to be performed and shall hold the Village harmless against any claim for damages for said period of time.
All excavations must be properly barricaded and protected by suitable lights as approved by the Superintendent of Public Works.
Failure to comply with the provisions of this article shall render the contractor, the workmen who performed the excavation work and the owners in front of whose property the excavation was made liable for all damages resulting from such excavation.
Notwithstanding any other provisions of this article, any excavation in a street, road, sidewalk or curb made by or on behalf of a franchised public utility company, cable television company or other such company shall be subject to the following requirements:
A. 
The company shall apply for a permit as set forth in § 281-1 of this article for each excavation to be made.
B. 
The company shall file with the Village Clerk and have in effect at all times an irrevocable letter of credit in the amount of $50,000, payable to the Village on demand, for failure to complete and restore the street, road, sidewalk or curb to the satisfaction of the Superintendent of Public Works.
C. 
The company shall file with the Village Clerk and have in effect at all times proof of liability insurance and property damage in the minimum amounts of $2,000,000 each occurrence for liability and $500,000 property damage. Such insurance shall name the Village as an additional insured and shall hold the Village harmless from any claims, actions or proceedings arising from the work performed, including legal costs of defending such claims, actions or proceedings.
D. 
In the event that an emergency requires an excavation at such time or times when the Village offices shall be closed, the company shall notify the Police Department of the proposed excavation and the applicant shall make proper application for a permit on the next working day following such emergency in the same manner as if there had been no emergency.
[Amended 6-25-2019 by L.L. No. 3-2019]
Any person, firm, corporation or entity who or which shall refuse or neglect to comply with any section or provision of this article shall be guilty of a violation. Each and every violation of this article shall be subject to a Type E penalty as set forth in § 1-15 of the Village Code. In addition to all other remedies provided for herein, the Board of Trustees may enforce obedience to this article by injunction or by any other remedy available to it by law.
The Superintendent of Public Works, the Building Inspector and/or the Code Inspector of the Village shall have authority to issue appearance tickets for violations of any of the provisions of this article.