No person, firm or corporation shall utilize the lands within the bounds of any public street or road for private use, change or alter the grade of any public street or road or of any sidewalk upon or in a Village street or road, or in any manner alter or change the line or height of any curb in any Village street or road, or open, disturb, break, mar, injure, remove or deface, or cause to be disturbed, broken, marred, injured, removed or defaced, the surface of any Village street or road, or make any excavation under the surface thereof for any purpose, or place or erect any utility or pole for any purpose in or upon any Village street or road, or alter or change the location of any existing utility or pole in any Village street or road, or introduce, erect or construct a driveway, apron, drainage, landscaping, fence, wall, berm, lighting or signage without first having obtained the written permission of the Building Inspector in the form of a road opening permit.
A. 
Application for a road opening permit from the Building Inspector under this chapter shall be made upon a form to be provided by the Building Department.
B. 
The application for a road opening permit shall state and include, among other information, the following:
(1) 
The street or road whereon the use, change, opening or alteration of the street or road, curb or sidewalk is to be made;
(2) 
The exact location on said street or road where the use, change, opening or alteration of the street or road, curb or sidewalk is to be made; the width, length and depth of such use, change, opening or alteration of the street or road, curb or sidewalk;
(3) 
The exact purpose for which the use, change, opening or alteration of the street or road, curb or sidewalk is sought;
(4) 
The quantity or number of the changes, openings or alterations of the street or road, curb or sidewalk requested;
(5) 
Plans and specifications of the changes, openings or alterations of the street or road, curb or sidewalk requested.
C. 
The application for a road opening permit shall also contain an affirmative representation that the applicant shall not cause any unreasonable or unnecessary obstruction or impediment of vehicular and pedestrian traffic, shall assume full responsibility to take every care and precaution to protect persons and property from injury or damage and shall, at his sole cost and expense, promptly restore said change, opening or alteration of the street or road, curb or sidewalk with the same type of materials and workmanship existing when said street was first opened by him, for all of which later the applicant shall remain liable and responsible to the Village for a period of one year from the date when he/she shall have first restored and completed the change, opening or alteration of the street or road, curb or sidewalk.
D. 
The fee for the issuance of said for a road opening permit shall be a sum established by the Board of Trustees as amended by resolution from time to time and set forth on a fee schedule on file at the Village Clerk's office. All fees shall be nonrefundable.
E. 
Whenever the interest or the protection or the welfare of the Village or its property requires it, the Building Inspector, as a condition precedent to the issuance of the road opening permit and the commencement of work, may require an applicant to file with his/her application sufficient indemnity or a proper completion and performance bond. Said indemnity or bond shall be for a reasonable amount and may cover one or more than one of the acts specified in this Chapter and said indemnity or bond may cover any period of time necessary to include the accomplishment of one or more of the aforesaid acts, all as shall be determined by the Building Inspector. The approval of the Building Inspector as to amount, form, manner of execution and sufficiency of surety or sureties shall be entered on said bond before it shall be filed in the Village Clerk's office and said bond shall be so filed before said consent shall be effective.
F. 
In the event that the applicant does not properly restore a street or road, as required herein, after 10 days' written notice requiring him to do so, the Village reserves the right to restore or have restored any street or road or to redo or have redone any improperly or unskillfully restored the street or road in place and stead of the applicant and to charge the applicant for all work, materials, supplies and equipment used to do the same.
G. 
Except for aboveground utility poles where allowed, no applicant shall place or bury in any street or road any object, equipment or thing whatsoever which shall constitute a peril to person or property or which shall rise above the surface of any street bed for any length.
H. 
In consideration for the issuance of a road opening permit, each applicant shall agree to hold the Village harmless and to indemnify it for any sum or sums of money charged against it or paid by it or adjudged against it by any court or authority for any act or condition directly or indirectly caused by the applicant and arising from the applicant's opening of any street or the closing or restoration thereof.
I. 
It shall be the applicant's obligation to give the Village Building Inspector timely notice of the date and time in connection therewith when the street or road will be closed and restored. No action or lack of action taken nor any statement or representation made by the Building Inspector shall in any way relieve or release the applicant of his liability and responsibility otherwise imposed against him herein.
A. 
Any person committing an offense against any provision of this article shall, upon conviction thereof, be guilty of a violation pursuant to the Penal Law of the State of New York, punishable by a fine not exceeding $5,000 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The 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.
B. 
For each and every violation of this chapter, the person or persons responsible for, causing, permitting, assisting in or refusing to abate or correct such violation shall be subject to a civil penalty not exceeding $5,000 for each and every such violation. The continuation of a violation of this chapter shall constitute, for each day the violation is continued, a separate and distinct violation hereunder.
C. 
Notwithstanding the provisions of Subsections A and B above, with respect to utility poles, plants, and attachments, in the case of a violation of § 158-10 above, a penalty of $500 shall be assessed for each day the pole, plant, or attachment is left standing beyond the period for removal. If a utility fails to comply with these provisions, the Village may commence an action in a court of competent jurisdiction for necessary relief, which may include the imposition of civil penalties as authorized by this chapter, an order to remove the pole, plants and/or attachments, the recovery of costs of the action and such other remedies as may be necessary to prevent or enjoin such condition from existing in a Village street or road, or right-of-way.