[Adopted 8-6-1958]
[Amended 5-2-2013 by L.L. No. 1-2013]
A.
No municipal
corporation, public utility corporation, corporation, person or association
of persons or other legal entity shall be allowed to open and dig
up any Village street or any street, road or highway in part thereof
in or over which the Village shall have jurisdiction, or shall in
any way alter any curb, curbing, gutter, basins, drainage lines and
other works of the Village for any purpose without a written permit
from the Village Clerk, to be known as a "street opening permit,"
"curb cut permit," or "alteration permit," as the case may be.
B.
Notwithstanding any contrary provision contained in the preceding Subsection A, the Village Clerk shall not issue any curb cut permit unless application for such permit is made to the Board of Trustees, upon forms provided by the Village Clerk, all required permit fees and deposits have been paid, and such application has been approved by such Board. The Board of Trustees shall consider any such application at a public meeting, and the applicant shall deliver written notice of such application, and the date, time and place of the meeting of the Board at which such application shall be considered, to the record owner of each parcel of property within the Village that is within 200 feet of the premises with respect which such application is made. Such notice shall be delivered in the same manner as variance applicants to the Village Board of Appeals must deliver notices of zoning variance applications to neighboring property owners.
No street opening permit shall be issued by
the Village Clerk except to:
A.
An owner of property assessed upon the Village assessment
roll on an application signed by said owner or on behalf of such owner
by his duly authorized agent (authorization of an agent shall be in
writing signed by the owner and shall accompany the application);
and
B.
A municipal corporation; and
C.
A public utility corporation.
Persons or corporations other than those mentioned in § 152-2 may be granted street opening permits only when authorized by the Board of Trustees on such terms and conditions as shall be required by said Board.
[Amended 1-12-1965; 9-19-2005 by L.L. No. 1-2005]
The fee for each permit shall be in an amount
as set from time to time by resolution of the Board of Trustees and
shall accompany the application.
[Amended 1-12-1965]
The permittee shall restore the street in accordance
with specifications established by the Village within the time specified
by the Village, and on default the Board of Trustees may have the
same done by the Village and assess the cost against the property
of the permittee in the case of an owner of property in the Village,
or charge the cost against the permittee in the case of a municipal
corporation or public utility corporation. However, in any event,
the Village reserves the right to replace any and all cuts or alter
any replacements which may have been performed by or for the permittee,
the cost of which shall be paid by the permittee to the Village as
hereinbefore set forth.
[Amended 1-12-1965; 9-19-2005 by L.L. No. 1-2005]
In addition to the permit fee required by § 152-4 of this article, an owner of property described in § 152-2 shall deposit with the Village Clerk a sum as set from time to time by resolution of the Board of Trustees, and a municipal corporation or public utility corporation shall either deposit with the Village Clerk such sum or file with the Village Clerk a bond in either case in an amount as set from time to time by resolution of the Board of Trustees. Such deposit or bond shall constitute security for the restoration of the street by the permittee in accordance with § 152-5. In the event the permittee defaults in such restoration and the same is done by the Village, the Village may (in addition to its rights under § 152-5) apply all or part of such deposit, or the proceeds of such bond, to the cost of such restoration and refund the excess, if any, to the permittee on resolution of the Board of Trustees.
[Amended 1-12-1965]
Openings required for installation of distribution
mains, sewers, drains and conduits shall be made only under a special
permit granted upon application to the Board of Trustees and on such
conditions and under such guarantees as shall be fixed by the Board
in each such special permit.
