[HISTORY: Adopted by the Board of Trustees
of the Village of Babylon as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Filling of holes in building demolition — See Ch.
100.
Subdivision of land — See Ch.
311.
[Adopted as Ch. III, Art. IV, and Ch. XIV,
Art. II, of the 1938 Code of Ordinances (Ch. 116, Art. I, of the 1981
Code)]
No person shall make any excavation or opening
in or under the surface of any public place without first having obtained
a license, except that in an emergency an excavation or opening may
be made to the extent required by such emergency and no more.
Any person making an emergency opening or excavation shall immediately report the same to the Board of Trustees and shall then and there make application for the license provided for by §
142-1 hereof.
Any person desiring to make any excavation or
opening in or under the surface of any public place shall file with
the Board of Trustees an application in writing requesting a license
so to do, such application to show:
A. The name and address of the person proposing to make
such excavation or opening and of the person actually to be in charge
of the work.
B. An exact description of the place where such excavation
or opening is to be made and of the nature of its surface and conditions.
C. An exact description of the excavation or opening
to be made and its size, depth and direction.
D. A statement of the reasons for making such excavation
or opening, the result to be accomplished and the approximate number
of days such excavation or opening will remain open and unfilled.
E. The name and address of the person for whose benefit
or at whose request the excavation or opening is to be made. The Board
of Trustees may, in its discretion, require the filing of any plan
or diagram of excavation or opening as it sees fit.
No license for excavation shall be issued on
any application unless and until there shall be filed with the Board
of Trustees a bond with such surety or sureties and in such penal
sum as the Board of Trustees may approve, but in no event in a penal
sum of less than $1,000, conditioned upon the person making the excavation:
A. Faithfully complying with the terms and conditions
of the license.
B. Performing the work in the manner and within the time
specified in the license.
C. Restoring the public place and the surface thereof
to the same conditions as it was before such excavation or opening
was made.
D. Complying with any and all regulations relative to
excavations or openings in or under the surfaces of public places.
E. Indemnifying and saving harmless the Village from
any and all damages, claims for damage, loss, cost or expense which
may be brought against it by any person for or on account of any injury
to person or property resulting from or occasioned by such excavation
or opening or any matter or thing connected therewith.
F. Making good any damages to person or property which
any third party may have suffered by reason of such excavation or
opening or any matter or thing connected therewith.
Whenever the Board of Trustees shall grant a
license under this article, it shall cause the license to be prepared
but not executed or delivered to the applicant until the bond hereinbefore
provided for shall have been filed and approved, provided that a copy
of such proposed license shall be sent upon request to any surety
which may be about to execute the bond herein requested.
Upon the filing of the bond with the Board of
Trustees, the Board shall execute and deliver the license to the applicant.
Such license shall:
A. Authorize the person named therein to make the excavation
or opening therein described to the extent therein specified.
B. Prescribe the number of days from the date of the
license during which such excavation or opening shall remain open
and unfilled.
C. State any particular terms or conditions upon which
it may have been granted and, in any event, shall contain a recital
that any and all ordinances, rules and regulations of the Village
of Babylon relative to excavations, openings and the guarding thereof
are made a part of such license.
Any person making any excavation or opening
in or under the surface of any public place shall, at all times while
the same remains open or danger exists therefrom, maintain a clearly
visible warning signal in front of such excavation or opening on each
and every side from which it may be approached. At night and whenever
the visibility requires it, such warning signal shall be a red light,
and, in addition, such person shall, at all times when work is not
actually being done in or about such excavation or opening, surround
the same with substantial barriers and between sunset and sunrise
clearly outline the position and extent of such barrier by red lights.
The period of time within which any excavation
or opening in or under the surface of any public place must by the
terms of any license be filled and closed shall not, after a copy
of the license has been sent to the surety, be enlarged or extended,
and no other change whatsoever shall be made in any license after
a copy of it has been sent to the surety, unless the consent of the
surety upon the bond shall first have been obtained in writing and
filed with the Board of Trustees.
No excavation or opening in or under any public
place shall be made in such manner as to cut off entirely the passage
of traffic along or across such public place, and any excavation or
opening which would traverse entirely the public place in which it
is being made shall be made and filled in a part at a time, so there
shall at all times be provided a safe and secure passage for traffic
along or across such public place.
No excavation or opening shall be greater in
width at the bottom than at the top, and no ice or snow or other slippery
substance shall be permitted to accumulate or remain within six feet
of the edge of any excavation or opening.
It shall be the duty of both the person making
the excavation or opening in or under the surface of any public place
and the person for whose benefit or at whose request such excavation
or opening was made, severally:
A. To see that the work is done in strict conformity
to the terms and conditions of the license issued therefor.
B. To see that such excavation or opening is filled and
closed within the time specified in the license.
C. To see that the subsoil and surface of the public
place where such excavation or opening was made are left in the same
condition as before such excavation or opening was made.
D. All work must be performed in accordance with an approved stormwater management and erosion and sediment control plan as per Chapter
305 of the Village of Babylon Code.
[Added 4-8-2008 by L.L. No. 8-2008]
When an excavation or opening in or under the
surface of any public place shall have been filled in or closed, the
person making such excavation or opening or the person for whose benefit
or at whose request it was made shall forthwith notify the Board of
Trustees in writing, and the Board shall, within five days of receiving
such notice, cause an inspection thereof to be made.
If the Board of Trustees is not satisfied that
the subsoil or the surface has been left in the same condition as
it was before the making of any excavation or opening, it shall, within
five days, give written notice to the person making the excavation
or opening and the person for whose benefit or whose request it was
made and shall require such person to do whatever, in the opinion
of the Board, shall be necessary to be done to remedy the defect.
Upon receiving such notice, such person shall immediately do whatever may be required thereby, and thereafter the provisions of §
142-12 hereof shall again apply.
It shall be the duty of the person making the application for license hereunder to do whatsoever may be requisite and necessary to be done to maintain in full force and effect the surety bond required by §
142-4 hereof, and such person shall not permit such bond to lapse until he shall have been discharged from liability.
Each license issued by the Clerk shall be countersigned
by the Building Inspector.
It shall be the duty of the Building Inspector
to see that these rules and regulations are obeyed by such person
or persons making any excavation or opening in any street or public
place.
Should the person or persons charged fail or
refuse to perform any or all of the duties prescribed in this article,
then the Board of Trustees shall cause the omitted duty or duties
to be performed and the expense thereof to be assessed upon the land
of the owner thus failing or refusing.
[Added 11-30-1981 by L.L. No. 22-1981]
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 $250 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 article shall constitute,
for each day the offense is continued, a separate and distinct offense
hereunder.
B. In addition or as an alternative to the above-provided
penalties, the Board of Trustees may also maintain an action or proceeding
in the name of the Village in a court of competent jurisdiction to
compel compliance with or to restrain by injunction the violation
of this article.
[Adopted as Ch. XIII, Art. VI, of the 1938
Code of Ordinances (Ch. 116, Art. II, of the 1981 Code)]
No person, firm, association of persons or corporation
shall maintain or allow to be maintained upon any property owned or
controlled by them within the corporate limits of the Village any
exposed well, pit, hole, cesspool or other excavation of like kind
more than two feet in depth or pipe opening in excess of three inches
in diameter, whether or not in actual use or abandoned, not covered
or protected so as to prevent persons from falling into said well,
pit, hole, cesspool or other excavation of like kind or pipe opening.
Any person, firm, association of persons or
corporation having upon any property owned or controlled by them within
the corporate limits of this Village any such exposed well, pit, hole,
cesspool or other excavation of like kind more than two feet in depth
or pipe opening in excess of three inches in diameter not now sufficiently
covered or protected so as to prevent the falling into such well,
pit, hole, cesspool or other excavation of like kind or pipe opening
of any person or appendage thereof from becoming wedged therein be,
and they are hereby required forthwith after the passage and publication
of this article either to fill said well, pit, hole, cesspool or excavation
of like kind or pipe opening with sand, dirt or other material to
a level of the existing grade as to render said well, pit, hole, cesspool
or other excavation of like kind or pipe opening safe, or else to
cover fully and completely said pipe opening, well, pit, hole, cesspool
or other excavation of like kind with a concrete covering or cap of
sufficient size and thickness to render safe said well, pit, hole,
cesspool or other excavation of like kind or pipe opening.
The maintenance of any exposed and uncovered
well, pit, hole, cesspool or other excavation of like kind more than
two feet in depth or pipe opening in excess of three inches in diameter
on premises as hereinabove set forth shall be regarded, under this
article, as a separate violation for each and every day so kept or
maintained.
[Added 11-30-1981 by L.L. No. 22-1981]
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 $250 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 article shall constitute,
for each day the offense is continued, a separate and distinct offense
hereunder.
B. In addition or as an alternative to the above-provided
penalties, the Board of Trustees may also maintain an action or proceeding
in the name of the Village in a court of competent jurisdiction to
compel compliance with or to restrain by injunction the violation
of this article.