In lieu of the cash deposit required by this
article from any applicant other than a public utility company or
cable television franchisee, the Clerk, in the exercise of the Clerk's
discretion, may accept a surety bond or undertaking executed by a
fidelity or surety company authorized to transact business in this
state, in a form approved by the Village Attorney and in an amount
equal to at least 200% of the required cash deposit.
Any public utility corporation or special district
supplying a public utility service to persons and properties in the
Village, in lieu of the cash deposit required by this article, may
execute and deliver to the Village an indemnity bond of a responsible
surety company, acceptable to the Board of Trustees, in an amount
to be established by resolution of the Board of Trustees and in a
form approved by the Village Attorney, conditioned to cover the cost
of all restoration or repavement required under any permits issued
to such corporation or district, including the reasonable costs of
enforcement of permit conditions, and giving adequate assurance that
all such costs will be paid.
Each application shall also be accompanied by
a certificate of insurance, and any endorsement necessary to demonstrate
the insurance coverage for the Village required by this section, in
a form approved by the Village Attorney, and issued to the Village
by an insurance company authorized to do business in the State of
New York. Such certificate and endorsement shall certify that there
is in effect liability insurance in an amount to be determined by
the Board of Trustees for a period of at least 12 months from the
date of the permit application, naming the Village of Thomaston as
a named insured or additional insured. Where the Superintendent of
Public Works determines that the restoration work is not likely to
be completed within three months of the permit issuance, the Superintendent
may require proof that such insurance is in effect through the period
of at least 12 months from the date of likely completion. The submission
of such an application shall also constitute an agreement on the part
of the applicant to indemnify the Village and save the Village harmless
from and against all claims, actions and proceedings by any person
and any expenses arising from bodily injury or property damage resulting
from or occasioned by any fault or default by the Village or the applicant
or their employees or agents or by any person to whom the permit is
issued or any person acting thereunder.
The balance, if any, of any cash deposit made
as required by this article which shall remain after the cost thereunder
shall have been fully paid shall be refunded by the Village Treasurer
upon application from the permittee and upon approval of the Mayor
or resolution of the Board of Trustees. Any cost in excess of such
cash deposit or in any excess of the limits of coverage furnished
by such a surety bond shall be paid by the applicant.
Any person, firm or corporation who performs
any act without a permit required by this article, or in violation
of the conditions of any permit issued pursuant to this article, shall
be guilty of an offense, and shall be subject to the penalties provided
by law.