[Adopted 1-28-2003 by L.L. No. 1-2003[1]]
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.
