[HISTORY: Adopted by the Board of Trustees of the Village of Manorhaven 10-12-1960 by Ord. No. XLVII. Amendments noted where applicable.]
Streets and sidewalks — See Ch. 132.
The word "street" in this chapter shall include also the words sidewalk," "road" and "highway."
No person shall leave or deposit any material of any kind for building or other purposes in any sidewalk, street or public place in the Village of Manorhaven, or dig or cause to be dug any excavation, trench or other opening in any street, sidewalk or public place in said village for any purpose, or cause to be removed therefrom any stone, earth, sand or gravel, or take up or injure any pavement, crosswalk, drain sewer or sanitary sewer, or cause to be erected or laid any telegraph, telephone, electric light or other pole or any drain conduit under, in or upon any street in said village, without first having obtained written permission for that purpose from said village.
A street opening permit for the opening of a public street shall provide that the party making the opening shall backfill and puddle or cause to be backfilled and puddled the opening and shall place thereon such temporary pavement as shall be approved by the village representative, which pavement shall be cared for by the applicant until such time as the village shall decide that proper settlement to allow the permanent pavement has taken place, such pavement to be four inches of crushed stone and two inches of bituminous asphalt, and such time not to exceed 90 days. The party making the opening shall notify the Village Clerk when said opening has been backfilled or temporarily paved.
The village reserves the right to repair and resurface all openings at not over six square yards.
Except as provided in § 62-10 hereof, not less than 24 hours prior to the proposed time for such digging or excavating, application shall be made to the Village Clerk for a permit therefor. Such application shall state:
The name of the applicant.
The fact that the applicant is either a contractor or a representative of a division, a department or branch of government or a utility corporation, or is a plumber licensed by the village, or a person engaged in some business or occupation whose work requires such excavation to be made and whose name has been approved and placed on file with the Village Clerk.
The precise place where applicant desires a dig or excavate, with the distance from the nearest street intersection or from the property abutting the street at the point proposed for excavation.
Each applicant for a permit to open a street other than as a water, gas, telephone, telegraph or electric light company shall, before issuance of a permit, deposit the required fees herein listed:
Each water, gas, telegraph, telephone or electric light company or other public utility corporation, in lieu of the deposit as required in § 62-5 hereof, shall execute and deliver to the village an indemnity bond, in form approved by the Village Counsel and issued by an insurance company authorized to do business in the State of New York, in the sum equal to the contracted cost of said excavation and repair, guaranteeing the restoration of the said streets by said company and the maintenance thereof for one year and indemnifying the village against the nonperformance thereof, and, furthermore, shall provide a certificate of insurance, in form approved by the Village Counsel and issued by an insurance company authorized to do business in this state, running to the village, guaranteeing that the applicant has provided public liability coverage of not less than $50,000/$100,000 and property damage insurance of $5,000/$10,000 to save the village harmless from all claims, actions and proceedings brought by any person for injury to person or property resulting from or occasioned by any fault or default of the person to whom the permit is issued, or by anyone acting thereunder on his behalf.
When there has been full compliance with the provisions herein stated and no other valid objections have appeared, the Village Clerk will issue a permit to the applicant therefor.
Every permittee shall notify the Village Clerk at least 24 hours prior to starting the work covered by such permit. Like notice shall be given upon completion of such work.
Each person to whom a permit is issued hereunder must at all times have it available at the place of the excavation and, upon demand, show it to the representative of the village.
Application. In an emergency, such as the breaking of a main or stoppage of a sewer line or other condition calling for immediate opening of a street to prevent loss or injury to property, application may be made to the Village Clerk for an emergency permit, in person or by telephone, and authority shall be granted to proceed with the necessary work forthwith.
Notifying police. If such emergency develops during hours when the village office is closed, as during the night or on holidays, notification thereof shall be made to the Police Department in person or by telephone before proceeding with the street opening.
Duties thereafter. It shall be the duty of every person who undertakes to open a street under the provision of this section to place warning signs, lights and barriers to protect the public, and upon the first day of resumption of regular business at the village office, to comply with the provisions of §§ 62-2, 62-3, 62-4, 62-5 and 62-6 hereof or to be held in violation of this chapter.
Whenever the surface of a street is disturbed or an opening is made therein, or when as a result of work done thereon there exists a depression below the surrounding grade or an elevation higher than the grade because of excess backfill or for other reasons, the person to whom the permit was issued or who has caused the hazard shall provide adequate safeguards to the public by erecting a barrier or fence of distinctive type or color, marking the outside limits of the affected area and bearing warning signs distinguishable by day, and adequate numbers of lighted lanterns or flares to give warning of the danger after dark.
Each water, gas, telegraph, telephone or electric light company shall be responsible for the cost of inspection of all work of replacing pavements, sidewalks, embankments and grassed areas, as well as the cost of inspection of pavements at the end of the maintenance period. The village reserves the right to appoint an inspector or approve the appointment of an inspector by said company, in which case the village shall require daily and detailed reports in a competent form which shall be presented to the Village Board for its approval not later than 24 hours following each day of restoration work.
[Amended 11-20-1991 by L.L. No. 3-1991; 1-22-1997 by L.L. No. 1-1997]
Any person, association, firm or corporation which violates any provision of this chapter or assists in the violation of any provision of this chapter shall be guilty of a violation punishable by a fine not exceeding $1,000 or imprisonment for a period not to exceed 15 days, or both, for conviction of a first offense; for conviction of a second offense, both of which were committed within a period of five years, punishable by a fine of not less than $1,000 nor more than $2,000 or imprisonment for a period not to exceed 15 days, or both; and upon conviction of a third or subsequent offense, all of which were committed within a period of five years, punishable by a fine of not less than $2,000 nor more than $3,000 or imprisonment for a period not to exceed 15 days, or both. Each week's continued violation shall constitute a separate additional violation.