[HISTORY: Adopted by the Board of Trustees of the Village of Pelham 2-17-1981 as L.L. No. 1-1981. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 34.
As used in this chapter, unless otherwise required by context, the following terms shall have the meanings indicated:
ADMINISTRATOR
The Administrator of the village.
LICENSEE
A person obtaining a license under this chapter, or his or its duly authorized representative.
PERSON
Includes a firm, association and corporation.
VILLAGE
The Village of Pelham, New York.
No person shall open or cause to be opened by digging or excavating the surface of any street or public place within the village for any purpose whatsoever without first obtaining a license therefor from the Village Administrator. A separate license shall be required for each such opening.
Any person desiring a license under this chapter shall make application therefor to the Village Administrator. Each application shall contain the name and address of the applicant, the location of the opening, the size and purpose of the opening to be made and the maximum size of such opening, the date or dates when the work is to be performed, the type of pavement or surface to be opened and such additional information as the Village Administrator may require.
Except as otherwise provided in § 33-8 of this chapter, no license shall be issued pursuant to the chapter until the applicant therefor shall have first filed with the Village Administrator, without cost to the village, satisfactory evidence of public liability insurance in an amount of not less than five hundred thousand dollars ($500,000.) for any one (1) person and not less than one million dollars ($1,000,000.) for any one (1) accident and property damage insurance in the amount of not less than twenty-five thousand dollars ($25,000.) for any one (1) accident and fifty thousand dollars ($50,000.) in the aggregate, to insure the village against any loss, injury or damage arising out of the granting of such license or from any negligence or fault of such applicant or his or its agents, servants or employees, in connection with said opening or with any work related thereto. Such insurance must remain in force throughout the effective period of the license and during the period of any authorized extensions thereof. Proof of workmen's compensation coverage for employees shall also be required.
No license shall be issued by the Administrator pursuant to this chapter until the applicant therefor shall have first paid to the village a refundable deposit and a nonrefundable permit fee, as established by the village by official resolution.
A. 
The amount of deposit required to be paid for each license shall be retained by the village for the duration of the period of maintenance as hereinafter defined. Upon the failure or default by the licensee of any of the terms, agreements, covenants and conditions of the license on the licensee's part to be done and performed, said deposit may be used by the village for any expense incurred by it by reason of such failure or default on the part of the licensee. Any balance left after the expense of such failure or default, as determined and certified by the Administrator, has been paid and deducted from the amount of such deposit, shall be refunded to the licensee.
B. 
The period of maintenance shall be considered as a period of six (6) months after the date of final completion, as determined by the Administrator, of the work to be done pursuant to the terms of a license, except that, in the event that the termination of such six-month period shall fall within the months of December, January, February, March or April, then and in such event the period of maintenance shall be considered as extending until the first day of May next succeeding. The licensee shall be responsible for the entire work and shall keep every portion of such work in perfect order and repair during the entire period of maintenance.
A. 
Unless otherwise agreed upon between a public service corporation and the village, a public service corporation may, in lieu of making deposits as required by § 33-5 hereof, file and keep on file with the Administrator a bond in the amount and sufficiency of surety as established by the village, such bond to be retained by the village as security for the faithful performance by such public service corporation of all the terms, agreements, covenants and conditions of each license issued. Such bond shall be considered as a deposit for the purposes of § 33-6 of this chapter relating to the disposition of deposits, and such section shall apply to a public service corporation in the same manner and to the same extent as other licensees under this chapter.
B. 
A public service corporation may, in lieu of the insurance required for each license, file and keep on file with the Administrator an agreement approved as to form by the Village Counsel, to indemnify and save harmless the village from all claims, suits, actions, proceedings, losses, injuries, damages and costs of every name and description arising out of or resulting from any act or omission on the part of such public service corporation under any license granted to it pursuant to this chapter and from any negligence or fault of such public service corporation, or its contractors, agents, servants or employees, in connection with an opening or work relating thereto and also to defend, on behalf of the village, any such suits, actions or proceedings which may be instituted against the village.
C. 
In case of an emergency due to breakage of pipes, mains or other facilities, a street opening may be made by a public service corporation prior to obtaining a license for such opening, provided that such public service corporation shall have theretofore filed the required bond and evidence of insurance or an indemnity agreement as specified in this section and provided further that such public service corporation shall make application for the necessary license for such opening not later than twenty-four (24) hours (Saturdays, Sundays and holidays not included) after said opening has been commenced.
All work relating to an opening licensed pursuant to this chapter shall be performed by the licensee at the licensee's own expense and strictly in accordance with applicable statutes, local laws and resolutions of the village, regulations of the Administrator and such specifications as may be promulgated by the Administrator or his duly authorized surrogate.
The Administrator shall have the authority to revoke or cancel any license at any time should the licensee fail to comply with any of the terms, agreements, covenants and conditions thereof.
A license issued pursuant to this chapter shall not be assigned or transferred to a person other than the licensee, except upon the prior written consent of the Administrator endorsed thereon.
Each licensee shall clean up and remove promptly from the site of the opening, upon completion of the work, all surplus excavated material and debris and shall leave the site of such opening in a neat and orderly condition. Where topsoil, seeded areas or sod are disturbed in the course of the work, the licensee shall restore the ground surface to its previous condition.
Any person or persons who shall commit an offense against this chapter shall be guilty of a violation pursuant to the Penal Law of the State of New York punishable by a fine or imprisonment as provided in Article III of Chapter 1 of the Code of the Village of Pelham. The continuation of an offense under this chapter shall constitute a separate violation for each successive day, and the person or persons allowing or permitting the continuation of the offense may be punished as provided in Article III of Chapter 1 of the Code of the Village of Pelham.
The provisions of Ordinance No. 2 of the Village of North Pelham, relating to excavations and openings in public streets, sidewalks or public ground, as last amended, is hereby repealed.
This chapter shall take effect immediately upon adoption and filing with the Secretary of State of the State of New York.