[Adopted 1-28-2003 by L.L. No. 1-2003[1]]
[1]
Editor's Note: This local law also repealed former Art. I, Excavations in Streets, adopted 7-14-1980 by L.L. No. 19-1980 as Ch. 122, Art. I, of the 1980 Code, as amended.
A. 
No person shall alter or disturb the grade of any street, highway or public place within the Village nor disturb the paving or surface, or dig or excavate on any such street, highway or public place unless a written permit for such purpose shall first be obtained from the Village Clerk. For the purposes of this article, the terms "street," "highway" or "public place" shall mean and include sidewalks, curbs and public areas. Such permit shall be issued by the Village Clerk upon such terms and conditions as are deemed necessary by the Board of Trustees to safeguard properly the public safety and welfare.
B. 
Every application for a permit hereunder shall be in writing, signed by the applicant or a duly authorized agent, and shall be submitted on forms made available by the Village Clerk. Such form shall include, and in any event shall be deemed to include, the provision that the applicant will save harmless and indemnify the Village, its officers, agents and employees from all claims and damages, costs and expenses, caused by the negligence or other wrongful conduct of the applicant or the applicant's agents or employees in connection with the work authorized by the permit.
C. 
Each permit issued pursuant to this article shall be valid for a period of three months from the date of issuance. The period of validity for any permit may be extended by the Mayor or Board of Trustees for one or more additional periods of two months each, in their sole discretion.
A. 
Any person who obtains a permit to alter or disturb the grade of, or to dig or excavate on, any street or highway in the Village of Thomaston, or digs or excavates on any such street or highway, shall restore the pavement of such street or highway in accordance with the specifications of the Village, for the entire paved width of such street or highway, inclusive of the area altered, disturbed or excavated, and such additional distance in either direction as may be required by the Superintendent of Public Works to preserve the integrity of the street or highway as it existed prior to such alteration, disturbance or excavation, except as may be provided otherwise by the Mayor or Board of Trustees upon written application.
B. 
Precautionary measures; liability. Any person to whom a permit shall be issued pursuant to this article shall be required to properly guard all disturbances, openings, diggings or excavations by guardrails, signal lights or such other means as may be necessary to warn and protect the public of danger to be apprehended. No permit issued hereunder shall be construed in any manner to make the Village liable for any actual or constructive negligence of said applicant or the agents of such applicant in carrying on the work authorized to be done under such permit.
A. 
No permit shall be issued hereunder unless and until the applicant shall have paid to the Village the required fee for such permit, as established by resolution of the Board of Trustees from time to time, and shall have deposited with the Village Clerk a sum in cash, in an amount not less than 150% of the cost of restoration estimated by the Superintendent of Public Works and approved by the Mayor, or such other amount set by resolution of the Board of Trustees upon request of the applicant, to guarantee the proper restoration of said street or public place to its former condition.
B. 
The cash deposit required by this article shall be applicable to the cost of restoring or repaving such street, highway or public place, as computed by the Superintendent of Public Works, including backfilling and temporary pavement surface and permanent new pavement of the highest grade, whether or not the same shall correspond to the replaced pavement, and maintenance thereof for a period of one year after completion of such restoration or repaving, to a condition which meets the approval of the Superintendent of Public Works. All such restoration and/or repaving may, at the option of the Village, be done by or at the instance of the Village, under the direction of the Superintendent of Public Works or Village Engineer, at the expense of the applicant, at the fair and reasonable charges made by the Village for such work. Such deposit and expense shall also include an amount determined from time to time by resolution of the Board of Trustees as the Village's cost of enforcement of the permit conditions, and the deposit shall be applicable to such costs in the event the same are incurred by the Village.
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.