No person, firm, company or corporation shall make or cause
to be made any opening or excavation by cutting, digging, tunneling
or otherwise in or under any street, highway, sidewalk, right-of-way,
or public place, whether paved or otherwise, within the Village of
Briarcliff Manor, for any purpose whatsoever, except upon compliance
with the provisions of this article and the obtaining of a permit
to be issued by the Village and the payment of all fees and deposits
required as provided herein.
Any authorized and qualified person, firm, corporation, municipality,
or public utility shall be entitled to commence any street opening
in the event of an emergency that endangers the public health, safety
or welfare to make an unforeseen repair to any sewer, water pipe,
gas component, electrical system, conduit, or other underground facility
providing essential services to one or more residents, businesses,
or municipalities; provided, however, that if the Department of Public
Works is closed, the Briarcliff Manor Police Department shall be notified,
and application and fee payments for such permit shall be made as
herein provided before the close of business hours of the first working
day following the date of the emergency opening. Street openings for
the sole purpose of new installations or connections, or nonemergency
or schedulable repairs, shall not be considered as emergency work
for the purpose of this article. In no case shall any excavation take
place prior to completion of an underground utility markout by all
impacted utilities.
Except in the case of an emergency repair, no operation authorized
under this article shall be permitted at any time on any Saturday,
Sunday, or federal holiday, or before 8:00 a.m. or after 6:00 p.m.
on other days, without the prior written permission of the Superintendent
of Public Works. The Superintendent of Public Works or the Board of
Trustees may vary or modify the application of this provision to facilitate
the completion of work while minimizing inconvenience or disturbance
to Village residents or businesses.
Unless otherwise authorized by the Superintendent of Public
Works, traffic shall be maintained at all times during the progress
of the operation being performed under the permit, and the permittee
shall have due regard for the safety of all traffic and the public
and shall:
A. Erect and maintain suitable barricades, fences and/or guardrails
around the area of operation during the work on said operation and
shall arrange the same in such a manner as to cause a minimum of inconvenience,
hazard and delay to any and all traffic.
B. Suitably place, install and maintain adequate warning flags or signs
and lighted red lamps or flares.
C. Provide a watchman or inspector, if deemed necessary by the Superintendent
of Public Works, in accordance with his directions and instructions,
at the sole cost and expense of the permittee.
D. Designate and furnish competent and trained personnel, in numbers
deemed sufficient by the Superintendent of Public Works, to direct
and expedite traffic, by means of lights or flags, to minimize inconvenience,
hazard and delay to any and all traffic.
E. Arrange and conduct the work in connection with said operation so
as to make possible the removal completely of any obstructions to
any and all traffic on Saturdays, Sundays and holidays, if so required
by the Superintendent of Public Works.
Any work subject to the requirements of this article undertaken
without first acquiring a permit as required hereunder shall, upon
conviction thereof, be subject to a fine of not more than $3,000 for
each offense. Any person or corporation violating any other provisions
of this article shall, upon conviction thereof, be subject to a fine
of not more than $1,000 for each offense. Every violation of any provision
of this article shall be a separate and distinct offense and, in the
case of any continuing violation, each day's continuance thereof
shall be deemed to be a separate and distinct offense. All fines imposed
hereunder shall be assessed in addition to, and never in lieu of,
all other fees which shall remain due for the issuance of any permit
required under the regulations of this chapter.