[Adopted 11-21-2023 by L.L. No. 6-2023]
This article shall be referred to as the "Local Law Implementing
Requirements for Prior Approval for Utility or Construction Work in
Public Right-of-Way."
The Village Board of Trustees of the Village of Newark, Wayne
County, State of New York, is vested by the State of New York to regulate
and control land use within the Village of Newark and to protect the
health, safety and welfare of its residents. Consistent with that
authority, the Board of Trustees has deemed it appropriate to require
prior approval and establish guidelines, governing utility and construction
work completed by public utilities and private companies or persons
within the Village right-of-way.
No public or private utility, company, or person shall injure
any pavement, sidewalk, crosswalk or sewer, or dig any area, sewer
or other excavation in any public street or right-of-way, nor remove
any earth or stone therefrom within any public street or right-of-way
within the Village, without prior written permission in writing from
the Department of Public Works on a form to be prescribed by the Village,
and under such conditions as said Department/Village may impose, and
the Department of Public Works may order any sewer or excavation constructed
contrary to the provisions of this section to be filled up or altered
at the expense of the owner.
A.
The violation
of any of the provisions of this article shall be punishable by a
maximum fine of $250 or by imprisonment for not more than 15 days,
or by both such fine and imprisonment. Each day that a violation continues
shall be considered a separate offense. In addition thereto, violations
of this article shall be subject to being restrained by injunctive
relief.
B.
Any penalty
herein shall be in addition to any costs necessary to require such
violation to be filled up or altered at the expense of the owner.
