[HISTORY: Adopted by the Board of Trustees of the Village of North
Haven as indicated in article histories. Amendments noted where applicable.]
[Adopted 2-3-1976 by L.L. No. 3-1976]
This article shall be called the "Street Opening Law."
It shall be unlawful for any person to dig up, open or break into the
surface or bed of any street within the Village of North Haven, New York,
unless he has received a permit therefor issued by the Village Clerk as hereinafter
provided and subject to the terms hereinafter set forth:
A.
Any person having a valid and necessary reason to open
or dig up the bed or surface of any street shall first make an application
for the same in writing before the Village Clerk, in which application the
applicant shall state, among other information, the street whereon the opening
is to be made, the exact location on said street where the opening is to be
made, the width, length and depth of such opening, the exact purpose for which
the opening is sought and the number of openings requested.
B.
The application shall contain an affirmative representation
that the applicant shall not cause any unreasonable or unnecessary obstruction
or impediment of vehicular and pedestrian traffic, shall assume full responsibility
to take every care and precaution to protect persons and property from injury
or damage and shall, at his sole cost and expense, promptly restore said opening
with the same type of materials and workmanship existing when said street
was first opened by him, for all of which later the applicant shall remain
liable and responsible to the Village for a period of one year from the date
when he shall have first restored and closed said opening.
C.
The fee for the issuance of said permit shall be a sum
established by the Board of Trustees as amended by resolution from time to
time and set forth on a fee schedule on file at the Village Clerk's office.
[Amended 8-4-1986 by L.L. No. 7-1986; 5-1-2007
by L.L. No. 6-2007]
D.
Whenever the interest or the protection or the welfare
of the Village or its property requires it, the Village Clerk, as a condition
to the issuance of a permit, may require an applicant to file with his application
for a street opening a proper completion and performance bond for not less
than $5,000.
[Amended 8-4-1986 by L.L. No. 7-1986]
E.
In the event that the applicant does not properly restore
a street opening, as required herein, after 10 days' written notice requiring
him to do so, the Village reserves the right to restore or have restored any
street opening or to redo or have redone any improperly or unskillfully restored
street opening in place and stead of the applicant and to charge the applicant
for all work, materials, supplies and equipment used to do the same.
F.
Except for aboveground utility poles where allowed, no
applicant shall place or bury in any street opening any object, equipment
or thing whatsoever which shall constitute a peril to person or property or
which shall rise above the surface of any streetbed for any length.
G.
In consideration for the issuance of a permit for a street
opening, each applicant shall agree to hold the Village harmless and to indemnify
it for any sum or sums of money charged against it or paid by it or adjudged
against it by any court or authority for any act or condition directly or
indirectly caused by the applicant and arising from the applicant's opening
of any street or the closing or restoration thereof.
H.
It shall be the applicant's obligation to give the Village
Building Inspector timely notice of the date and time in connection therewith
when the street opening shall be closed and restored. No action or lack of
action taken nor any statement or representation made by the Building Inspector
shall in any way relieve or release the applicant of his liability and responsibility
otherwise imposed against him herein.
The provisions hereof shall also apply to any private streets located
in the Village, the owners of which have filed in the office of the Village
Clerk a writing in which they have given their consent and approval to the
Village to have the Village administer and enforce this article with regard
to said private streets with the same force and effect as if said private
streets were Village public streets.
It shall be unlawful for any person to remove, displace or in any way
interfere with any barrier, guardrail or any other object which shall have
been placed along or across any public street in the Village for the purpose
of preventing any person, animal or vehicle from entering any street which
is being or which shall have been recently constructed or repaired or to remove,
displace or in any way interfere with any lantern or signal which shall have
been placed as a danger sign to warn approaching travelers at any place on
any public street or other public place in said Village or to trespass in
any way upon any public street or public sidewalk which is being or has been
recently constructed or repaired and which is guarded by any barrier, sign
or signal for the purpose of preventing or warning persons from trespassing
or in any way interfering in or upon the same.
[Amended 8-4-1986 by L.L. No. 7-1986]
Any person committing an offense against any provision of this article
shall, upon conviction thereof, be guilty of a violation pursuant to the Penal
Law of the State of New York, punishable by a fine not exceeding $250 or by
imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment.
The continuation of an offense against the provisions of this article shall
constitute, for each day the offense is continued, a separate and distinct
offense hereunder.
