[Adopted 12-3-1973 (Ch. 70, Art. I, of the 1968 Code of the Village of Lindenhurst)[1]]
No person shall open or make an excavation in
or under the surface of any street, avenue, road, parkway or highway
within the Village over which the Village has jurisdiction without
first obtaining written permission therefor from the Village Superintendent
of Public Works and the Village Administrator Clerk, to whom there
shall be made a formal application for each excavation.
Each application for a permit hereunder shall
be written and signed by the applicant or his duly authorized representative
and shall contain the name and address of the applicant proposing
to make such opening or excavation, an exact description of the location
where such opening or excavation is to be made and of the nature of
its surface and condition, the dimensions of the excavation, a statement
of the purpose of such proposed excavation and the period of time
it is to remain open, the name and address of the person for whose
benefit or at whose request the opening or excavation is to be made
and that the applicant will indemnify the Village from any and all
damages resultant from injuries to persons or property caused by such
opening or excavation.
A.
Application and permit fees for all street and sidewalk
openings shall be accompanied by a fee for each as established by
resolution of the Village Board.
[Amended 8-20-1987 by L.L. No. 11-1987; 6-16-1992 by L.L. No. 2-1992; 3-18-2003 by L.L. No. 4-2003]
B.
The aforementioned fees shall be paid to the Village
Administrator Clerk upon the issuance of the permit.
A.
Required. Each application for a permit hereunder
shall post with the Village Board an owner's protection policy written
by an insurance carrier duly licensed in the state.
B.
Amount. The policy shall be in the amount of $50,000
coverage as to property damage and $1,000,000 coverage as to bodily
injury.
[Amended 6-16-1992 as L.L. No. 2-1992]
C.
Scope. The policy shall cover any and all situations
where a permit is issued by the Village and shall specifically indemnify,
defend and hold harmless the Village and its Mayor, Trustees, Superintendent
of Public Works, agents, servants and employees from any and all claims
brought against it and/or them by third persons for alleged property
damage or bodily injury allegedly occasioned by an applicant for street
opening. Said protection policy may be applied to several and diverse
digging situations conducted by the same person, group or authority.
A.
Amounts and conditions.
(1)
The issuance of a permit hereunder shall be conditioned
upon the applicant's posting with the Village a performance bond,
issued by such surety or sureties as the Village may approve, conditioned
upon the applicant's complying with the terms and conditions of the
permit and this article; performing the work in the manner and within
the time specified in the permit; replacing and restoring the street,
avenue, road, parkway, highway and pavement thereon over every such
opening or excavation in as good a condition as it was before such
opening or excavation was made; and keeping and maintaining the same
in good order, for a term as set forth below, and complying with any
and all ordinances relative to openings and excavations and complying
with specifications set by the Village Superintendent of Public Works
in amounts set forth herein:
(a)
Service connection excavation bonds in the minimum
amount of $10 per square yard of surface area opened or $20, whichever
amount is greater.
(b)
Linear excavation less than 18 inches in depth,
a bond equal in amount to $2 per linear foot of area opened.
(c)
For linear excavations between 18 inches and
five feet in depth, a bond in the amount of $6 per square yard of
area opened or $2 per linear foot of area opened, whichever is greater.
(d)
For linear excavations exceeding five feet in
depth, a bond equal in amount to $18 per square yard of surface area
opened or $6 per linear foot of surface area opened, whichever is
greater.
(e)
For utility repair excavations, a written guaranty
of the utility company guaranteeing the performance of the terms and
conditions of this article as set forth above.
(2)
The bond requirements hereunder shall include provisions
for maintenance by way of a maintenance bond, which bond shall have
a duration of two years from the date of the completion of the work
under the permit in the case of all excavations with a depth of 18
inches or less and a duration of three years from the date of the
completion of the work under the permit for all excavations with a
depth greater than 18 inches.
B.
Limitations. Such bond shall be sufficient for more than one road opening or excavation for a single individual or entity, provided that the single individual or entity shall not open or permit to be opened at any given time any excavation or excavations exceeding in total length 1,500 feet, unless written approval is obtained from the Village Superintendent of Public Works and, further, provided that the penal amount of the bond shall be sufficient to cover all such excavations in accordance with Subsection A above.
C.
The Village shall accept performance bonds from utility
companies for street openings pursuant to this chapter of the Village
Code, with a single bond for each company in an amount not less than
$10,000 to be deemed sufficient, subject to the limitations of this
section of the Village Code.
[Added 1-27-1987; amended 6-16-1992 as L.L. No. 2-1992]
Upon special application made to it by any applicant for a permit required under this article and for good cause shown, the Village Board may, in its discretion, waive any of the provisions set forth under §§ 158-24 and 158-25 insofar as it may accept such insurance and/or indemnification documents as it deems appropriate in the premises.
Any applicant making an opening or excavation
under the provisions of this article shall, at all times while the
same remains open or danger exists therefrom, maintain a clearly visible
warning signal in front of such opening or excavation on all sides
and at night and whenever visibility requires it, such warning signal
to be a red light, and, in addition, shall at all times when work
is not actually being done in or about such opening or excavation
surround the same with substantial barriers and between sunset and
sunrise clearly outline the position and extent of such barriers by
red lights.
Adequate safety precautions shall be taken in
connection with all openings or excavations. Said safety precautions
shall comply with all local, state and federal safety regulations.
[Amended 6-16-1992 as L.L. No. 2-1992]
Every person or persons, firm, partnership,
association, company or corporation who shall fail or neglect to obtain
such permission or who shall violate any of the provisions of this
article shall be subject to a penalty of not less than $100 and not
more than $1,000 for each and every offense.
