In lieu of a money deposit as required by §
150-2 above, the Board of Trustees may, in the case of a municipal corporation, public utility or other governmental body, authorize the Clerk to accept a bond in a sum to be determined by such Board, conditioned upon compliance with the terms of this article. Said bond may be a continuing bond covering all work involving permits issued to such applicant during a period of at least one year.
The sides of the area of the street opening
hereunder shall be straight and parallel and of sufficient width to
permit a firm foundation for the refill. In cutting concrete pavement,
all reinforcement shall be cut along the center line of the trench
or opening and bent back over the edge of the remaining pavement.
No tunneling shall be permitted under any paved, curbed or gutter
portion of the street or under the sidewalk thereof without the special
and additionally expressed authority of the Board of Trustees and
except under such conditions as it may then impose.
[Amended 11-5-1979 by L.L. No. 9-1979]
All street openings shall be backfilled immediately after the completion of the applicant's work therein. If material under the roadway is unsuitable, contaminated or saturated, it shall be removed from the site and suitable granular material shall be brought in. Excavations shall be properly backfilled and compacted with mechanical vibratory compactor in horizontal layers not to exceed 12 inches in thickness. The opening and the adjoining pavement which may have been disturbed in the process thereof shall then be temporarily paved and the temporary pavement cared for by the applicant until such time as the Village shall decide and notify the applicant, by ordinary mail, that proper settlement of the backfill has taken place, whereupon and within 10 days of such notice the applicant shall permanently repave the opening and adjacent pavement disturbed by him with at least the same quality of material and grade of workmanship as the original pavement and, upon so doing to the satisfaction of the Highway Department, shall be entitled to a refund of the deposit made by him under §
150-2 hereof. Upon his failure to do so within the time required, the Village may refill and repave the same and charge the applicant with the cost thereof at the rates specified in §
150-2, and the applicant shall be liable therefor. During the course of all construction, the applicant shall be responsible for all pollution and dust control pertinent to the operation.
[Amended 11-5-1979 by L.L. No. 14-1979; 12-1-1997 by L.L. No. 6-1997]
The Village reserves the right to replace any
or all cuts or openings or to alter any replacements which may have
been performed by or for the applicant and to pay for such replacements
or alteration out of the deposit made by the applicant and, in that
event, to refund the applicant any balance of said deposit in excess
of the actual or minimum cost as set forth from time to time by resolution
of the Board of Trustees, whichever shall be the greater, and the applicant likewise
shall be liable for the excess of such cost over such deposit. No
refund shall be made in any event except upon the report of the Highway
Department that said refill and replacement of the opening, pavement
or cut has been effected.
[Amended 11-5-1979 by L.L. No. 13-1979]
Any person committing an offense against any provision of this article shall, upon conviction thereof, be punishable as provided in Chapter
1, General Provisions, Article
II, General Penalty, of the Code of the Village of Springville.