No permit shall be issued until the applicant
shall have filed with the Superintendent of Public Works a certificate
of insurance providing evidence that the Village has been named as
a primary additional insured under an insurance policy extending coverage
for any losses, including bodily, property or commercial injury cause
by or attributable to the work performed by the applicant, in the
amount of $1,000,000 per occurrence and $2,000,000 general aggregate.
The policy is to include contractual coverage for explosion, collapse
and underground hazards (XCU coverage), and such insurance coverage
is to be written by an insurance company authorized to do business
in the State of New York.
No permit shall be issued to any applicant until
the applicant has posted with the Superintendent of Public Works a
surety bond or certified check in such amount the Superintendent of
Public Works may determine necessary to cover the probable expense
to the Village of replacement by the Village of any road to its former
condition and to guarantee the performance by the applicant of any
of the conditions contained in the permit and compliance with the
Village Code. The obligations secured by the above bond requirements
shall include an obligation to guarantee upkeep and the workmanship
and materials for a period of two years from the date of completion
of the work under the permit. If a surety bond is provided, such bond
shall have a duration of two years from the date of completion of
the work under the permit. If a certified check is provided, such
check shall be deposited in a special account of the Village, and
such security shall continue as security for a duration of two years
from the date of completion of the work under the permit.
Each application for a permit hereunder shall
be accompanied by a fee, to be paid to the Village Clerk of the Village
of Southampton. Application fees and fees for permits shall be set
by Village Board resolution, and shall be paid to the Village Clerk
prior to the issuance of the permit.
The Superintendent of Public Works shall require
any person making a road excavation pursuant to a permit granted hereunder
to give written notice of such excavation to public service companies
having lines, mains or other property in the streets, and no work
shall be commenced or done under such permit until such requirement
of notice has been fully complied with. Proof of mailing of such notice
in the form of a sworn statement shall be filed with the application.
Any person making an excavation pursuant to
the Village Code shall erect a suitable barrier or guard for the protection
of persons using the streets or sidewalks and, in addition thereto,
shall set up and maintain during the hours of darkness sufficient
lights or flares or retro reflective barricades to properly illuminate
or delineate the work area and shall also take all necessary precautions
for the protection of the Village and of public service companies
and adjoining property owners and others which might be endangered
by such excavations or the work incident thereto and shall comply
with all directions given by the Superintendent of Public Works with
respect to such barriers, lights, flares and protective measures.
The applicant shall notify the Superintendent
of Public Works when work has been completed, after which an inspection
will be made by the Superintendent of Public Works or his duly authorized
agent, and upon approval of the work, a release will be granted to
the applicant. Until the granting of such a release, the applicant
shall remain liable for proper guarding and protection as provided
herein.
The Superintendent of Public Works, upon a finding
that the issuance of a permit was illegal or unauthorized or that
the applicant has failed to comply with any of the terms and conditions
of the permit, may revoke the permit, and the applicant shall thereupon,
with all reasonable speed, forthwith restore the roadway to its former
condition.
The person to whom such permit is issued shall
be responsible for all damages caused to public utilities and shall,
under the supervision of the Superintendent of Public Works, replace
any cracked or damaged sewer pipe or public utility pipes, lines,
mains or property and repair or replace damaged ditches, curbs, sidewalks
or other improvements so that they shall be in the same or better
condition after the excavation as before the excavation.
[Amended 8-13-2020 by L.L. No. 7-2020]
Any person who violates this article or fails to comply with any of its requirements shall, upon conviction thereof, be subject to the penalties provided in Article
II of Chapter
1 of the Code of the Village of Southampton.
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 in §
95-30 or
95-31 and accept such other indemnification documents as it deems necessary or appropriate under the circumstances.