[Adopted at time of adoption of Code (see Ch. 1, General
Provisions, Art. I]
A.
No person, firm or corporation shall open or cause to be opened,
by cutting or excavating, the surface or soil of any street, highway,
sidewalk area or public street for any purpose whatsoever without
first obtaining any state and/or county licenses or permits, where
required, and obtaining from the Street and Water Commissioner a written
permit for street opening, and paying to the Village of Fonda the
deposit required, and without otherwise complying with the provisions
of this article.
B.
No person, firm or corporation shall make or cause to be made any
connection into a sanitary sewer, stormwater drain or water main in
any easement or right-of-way across private property, said sanitary
sewer, stormwater drain or water main forming a part of the sewer,
drainage or water distribution system, respectively, of the Village
of Fonda, without first obtaining from the Street and Water Commissioner
a written permit for street opening.
C.
Such permit shall be valid for an effective period not to exceed
30 consecutive calendar days from date of issuance. Such effective
period may be extended, if so requested in writing by the permittee
prior to expiration thereof, for such additional period as the Street
and Water Commissioner may, in his discretion, allow.
A.
Any person, firm or corporation desiring a permit for street opening
shall make application therefor to the Street and Water Commissioner
for each such opening, upon forms to be provided for that purpose.
B.
Said application shall contain:
(1)
The names and addresses of the applicant and of the owner of the
property in front of which or for whom the work is to be performed.
(2)
The location of such property and the section, plate, block and lot
designation thereof.
(3)
The size and purpose of the opening to be made and the maximum size
of such opening.
(4)
The date or dates when the work is to be performed.
(5)
The type of pavement or surface to be disturbed, together with such
necessary sketches and additional information as the Street and Water
Commissioner may require.
(6)
A signed statement by the applicant that the said applicant agrees
to perform the work for which the permit is granted strictly in accordance
with the conditions of the permit, the provisions of the ordinances
of the Village of Fonda and the applicable rules and regulations of
the Department of Public Works.
No permit for street openings shall be issued by the Street
and Water Commissioner until the applicant therefor shall have first
paid to the Village of Fonda, in cash or by certified check, payable
to the Village of Fonda, a deposit, in such amounts as has been established
by the Board of Trustees of the Village of Fonda. The Board of Trustees
of the Village of Fonda shall establish these fees for all deposits
required under this article each year at its annual organizational
meeting, and, in the event the Board of Trustees shall fail to establish
such amounts, the amounts last established by the Board of Trustees
shall continue in force and effect until a new amount is established.
Such fees shall be established by resolution of the Board of Trustees.
A.
No permit for street opening shall be issued to a contractor or public
service corporation by the Street and Water Commissioner until the
applicant therefor shall have first placed on file with the said Street
and Water Commissioner, without cost or expense to the Village, satisfactory
evidence of general liability insurance:
(1)
In a minimum of $1,000,000 combined single limit per occurrence for
bodily injury, personal injury, and property damage and not less than
$2,000,000 in the aggregate;
(2)
The coverage shall be in the nature of broad from commercial general
liability coverage;
(3)
The Village Attorney reasonably may increase or decrease minimum
insurance limits, depending on the potential liability of any project,
to insure the Village and the applicant against any loss, injury or
damage arising out of the granting of the permit or from any negligence
or fault of said applicant, his agents, servants or employees in connection
with the said opening or with any work related thereto;
(4)
The Board of Trustees of the Village of Fonda may establish and/or
amend its minimum general liability insurance requirements by resolution
at its organizational meeting each year, and, in the event the Board
of Trustees shall fail to establish such minimum requirements at its
organizational meeting, the last established limits shall apply for
the succeeding year and until new requirements have been adopted.
(5)
Such insurance shall remain in force throughout the effective period
of the permit as well as any authorized extensions thereof and shall
carry an endorsement to the effect that the insurance company will
give at least 10 days' written notice to the Village of Fonda
of any modification or cancellation of any such insurance.
B.
Unless otherwise agreed upon between a public service corporation
and the Village of Fonda, a public service corporation or commercial
contractor may, in lieu of a deposit specified for a street opening,
file and keep on file with the Street and Water Commissioner a bond
in the amount of $10,000, said bond to be approved as to form, amount
and sufficiency of surety by the Village Attorney, and 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.
C.
A public service corporation may, in lieu of the insurance hereinbefore
specified for a street opening, file and keep on file with the Street
and Water Commissioner an agreement, approved as to form by the Village
Attorney, to indemnify and save harmless the Village of Fonda from
claims, suits, actions, proceedings, 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 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 Fonda any such suits, actions or
proceedings which may be instituted against the Village of Fonda.
D.
Any provision of any local law to the contrary notwithstanding, permits
for street openings as required by any local law may be issued to
any public service corporation which shall pay to the Village of Fonda
the amount of the fees therefor quarterly after request for payment
is made. No permits for future openings shall be issued until payment
is made in full for all outstanding permits as same shall have been
billed.
E.
In case of emergency due to breakage of pipes, etc., street openings
may be made by a public service corporation prior to obtaining a permit
for street opening; provided, however, that the said public service
corporation shall have filed the required bond and evidence of insurance
or indemnity agreement as specified in this section and any other
section of this article, and provided further that the said public
service corporation or commercial contractor shall make application
for the necessary permit for street opening not later than 24 hours
(Saturdays, Sundays and holidays not included) after said opening
has been commenced.
A.
Unless otherwise agreed upon between a property owner and the Village
of Fonda, a property owner may, in lieu of a deposit specified for
a street opening, file and keep on file with the Street and Water
Commissioner a bond in the amount of $10,000, said bond to be approved
as to form, amount and sufficiency of surety by the Village Attorney,
and 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.
B.
No permit for street opening shall be issued by the Street Commissioner
until the applicant therefor shall have first placed on file with
the said Street and Water Commissioner, without cost or expense to
the Village, satisfactory evidence of general liability and/or homeowner's
insurance:
(1)
In an amount not less than the amounts established by the Village
as minimum general liability insurance coverage, and satisfactory
evidence that said insurance has been approved as to form, correctness
and adequacy by the Village Attorney, to insure the Village and the
applicant against any loss, injury or damage arising out of the granting
of the permit or from any negligence or fault of said applicant, his
agents, servants or employees in connection with the said opening
or with any work related thereto.
(2)
The Board of Trustees of the Village of Fonda shall establish its
minimum general liability insurance requirements by resolution at
its organizational meeting each year, and, in the event the Board
of Trustees shall fail to establish such minimum requirements at its
organizational meeting, the last established limits shall apply for
the succeeding year and until new requirements have been adopted.
(3)
The Village Attorney reasonably may increase or decrease minimum
insurance limits, depending on the potential liability of any project,
to insure the Village and the applicant against any loss, injury or
damage arising out of the granting of the permit or from any negligence
or fault of said applicant, his agents, servants or employees in connection
with the said opening or with any work related thereto.
(4)
Such insurance shall remain in force throughout the effective period
of the permit as well as any authorized extensions thereof and shall
carry an endorsement to the effect that the insurance company will
give at least 10 days' written notice to the Village of Fonda
of any modification or cancellation of any such insurance.
A.
The contractor shall place temporary resurfacing immediately after
backfilling. The temporary pavement shall be kept in good condition
until the permanent surfacing is placed.
B.
Temporary surfacing shall be approved by the Village Street and Water
Commissioner and consistent with current New York State DOT specifications.
C.
The contractor shall repair paving within 24 hours after written
notification by the Village Street and Water Commissioner. If repairs
are not made within the time specified, the Village Street and Water
Commissioner may allow the owner to repair or have the same repaired,
and the cost of such repairs shall be deducted from the bond of the
contractor.
D.
An ample supply of cold-mix bituminous material, crushed stone, bank-run
gravel and other materials for repair shall be kept near the job site;
and the contractor shall provide continuous maintenance, filling depressions
and ruts as they appear.
E.
All hard-surfaced driveways, sidewalks, walkways and paths disturbed
by the work shall be immediately restored with a temporary surface.
F.
Upon completion of the backfilling of the trenches on streets, the
exposed edges of the existing pavement shall be cut back to straight,
even lines parallel to the center line of the trench. The exposed
face of the existing pavement shall be clean and free of dirt or other
substances which would prevent proper bonding with the temporary pavement.
G.
The subgrade shall be formed to the required line, grade and cross
section and properly rolled. Any unsuitable material shall be removed
and replaced with suitable material.
H.
The applicant shall at all times provide and maintain adequate safety
barriers, warning signs and warning lights in the immediate vicinity
of any open excavation or street depressions. Such devices shall conform
to the standards of the State of New York.
The Street and Water Commissioner may, in his discretion, cause
any or all of the work contemplated in this article to be done by
the Village's own forces or by contract or otherwise, in which
case the Village shall be reimbursed for any expense incurred, and
the permittee shall have no claim against the Village for loss of
anticipated profits or for any other losses by reason thereof.
Any person or persons, partnership, association or corporation
doing or permitting to be done or causing to be done any act contrary
to the provisions of this article shall be guilty of a violation and,
upon conviction thereof, shall be subject to a fine of not more than
$1,000 or to imprisonment for not more than 15 days, or both, for
each offense. Every violation of any provision of this article shall
be a separate and distinct offense, and, in case of a continuing violation,
every day's continuance thereof shall be and is deemed to be
a separate and distinct violation.
