[Adopted as Ch. 65 of the 1970 Code]
[Amended 3-13-1974]
No person shall dig up any street, sidewalk,
curb or public place for any reason or purpose without a written permit
from the Superintendent of Public Works.
A.
Any person desiring such a permit shall make an application
in writing therefor, specifying the location where the work is to
be done, the purpose of the same and the time within which the work
shall be completed and the street, sidewalk, curb or public place
replaced or reestablished, and such application shall also state that
the work shall be done under the supervision of the Superintendent
of Public Works, who must be notified, in writing, of the commencement
of the work and of its completion and that such work and the replacement
of the street shall be done to the satisfaction of the Superintendent
of Public Works, and such application further shall state that the
applicant, in the event that a permit is issued, agrees to indemnify
and hold the Village of Port Jefferson harmless from all damages and
costs by reason of injury to person or property arising directly or
indirectly from the opening of such street or by reason of any failure
to repair and replace said street to the satisfaction of the Superintendent
of Public Works.
(1)
The intent of this article is to protect the Incorporated Village of Port Jefferson from costs and expenses resulting from repairing streets, sidewalks, curbs and/or public places from unrepaired damage caused by digging of such areas, primarily by public utilities and persons/entities engaged in commercial enterprises. For that reason, the Superintendent of Public Works shall have the discretion to waive, in whole or in part, any of the provisions of this Chapter 215 where the person seeking to dig up any street, sidewalk, curb or public place does so with respect to such person’s residence.
[Added 12-21-2009 by L.L. No. 19-2009]
B.
Surety.
[Amended 12-21-2009 by L.L. No. 19-2009]
(1)
The
Superintendent of Public Works shall not issue such written permit
unless, together with such written application, a performance bond,
good bank check or security of the applicant, sufficient to cover
the full cost of repairing or replacing said street or public place
as estimated by the Superintendent of Public Works, shall be furnished
to the Incorporated Village of Port Jefferson. The amount of the performance
bond, bank check or security of the applicant shall be as follows:
where the cost of the repair and/or replacement is less than $250,000,
the performance bond, bank check or security of the applicant shall
be in the sum of $5,000; where such cost is between $250,000 but less
than $500,000, the amount of the performance bond, bank check or security
of the applicant shall be 5% of such cost; where such cost is in excess
of $500,000, the amount of the performance bond, bank check or security
of the applicant shall be 10% of such cost.
(2)
Any
performance bond provided pursuant to this section shall be issued
by a bonding or surety company, the selection of which shall be subject
to the prior written approval of the Board of Trustees. The manner
of execution and sufficiency of such performance bond shall be subject
to the prior written approval of the Board of Trustees and the Village
Attorney. If the applicant submits its own security or submits a bank
check, any such security and/or bank check shall be subject to the
prior written approval of the Board of Trustees.
C.
At such time as the work referenced in § 215-1A above is completed, the area wherein the digging took place must be repaired according to New York State Road Specifications. At such time, the person referenced in § 215-1 shall provide to the Village a maintenance bond or substitute security for one year in the sum of $5,000, which bond or substitute security shall be subject to the prior written approval of the Board of Trustees and the Village Attorney. The performance bond called for in § 215-1B above shall not be released until all work has been approved by the Superintendent of Public Works and the maintenance bond or substitute security referenced above provided to the Village.
[Added 12-21-2009 by L.L. No. 19-2009]
Every person to whom such a permit is issued
shall, at all times while said work is being done, have such permit
at the place where the work is being done and shall exhibit the same
to any police officer or to any officer or authorized representative
of the Village of Port Jefferson who shall desire to inspect the same.
[Amended 3-13-1974; 3-7-1984 by L.L. No. 2-1984; 11-5-1986 by L.L. No. 8-1986; 8-19-2002 by L.L. No.
8-2002; 12-21-2009 by L.L. No. 19-2009]
The fee for the permit required under this article
shall be $500 for each opening to be made in any street, sidewalk,
curb or public place. No person required by order of the Board of
Trustees to construct or replace sidewalks or curbs shall be required
to pay a fee for such a permit.
A.
Penalties.
Any person who digs up any street, sidewalk, curb or public place
for any reason or purpose without a written permit from the Superintendent
of Public Works, which permit shall be subject to the surety and fee
requirements set forth above, shall be subject to a fine in the sum
of not less than $2,500. In such event, any subsequent application
for such written permit shall require, in addition to the surety and
fees set forth above, an additional inspection fee of $500 and the
prior payment of the fine referenced above.
B.
Emergency
repairs.
(1)
In
the event that emergency repairs are required resulting from the digging
up of any street, sidewalk, curb or public place as provided herein,
if required while Village offices are closed or during a time when
the Superintendent of Public Works is unavailable, the person responsible
for such emergency repairs must immediately notify the Code Enforcement
Bureau of the Village who is to inspect the area or areas in need
of such emergency repairs, prepare a written report as to such emergency
repairs, which report shall be submitted to the Superintendent of
Public Works. In such event, an application for a permit to perform
such emergency repairs must be submitted to the Superintendent of
Public Works by the close of the first business day following the
day on which the need for such emergency repairs arose. Failure to
make timely application and/or to obtain such permit shall result
in a fine of not less than $2,500.
(2)
In
the event of any such need for emergency repairs, the person referenced
above shall also be responsible for placing cones, tape, barriers
and/or such other required items to give notice to persons in or about
the vicinity of such emergency repairs of the existence of the conditions
giving rise to such emergency.
No person not otherwise authorized by law to
do so shall erect or maintain on or over any street or sidewalk within
the Village of Port Jefferson any telegraph, telephone, electrical
line or other poles or string any wire, rope or other material over
any street or sidewalk within the Village without a permit from the
Board of Trustees. All telephone, telegraph, electric light or electric
power poles, where the same are located upon the public highways within
the Village, shall be marked with the name or initials of the owner
or owners of said poles in distinct and legible letters and characters.[1]
No builder, contractor or workman in control
of any operations or repairs upon private property shall obstruct
any sidewalk in the Village or endanger the safety of pedestrians
over such sidewalk. If such building or repair operations shall necessitate
the temporary obstruction of such sidewalk or the existence of a condition
making the use of such sidewalk unsafe, the Board of Trustees, in
its discretion and subject to such restrictions as it may impose,
may authorize the temporary closing of said sidewalk during the period
of such operations.
[Amended 6-11-1992 by L.L. No. 4-1992]
The owner or occupant of every building or lot
and the owner of every unoccupied building or lot which adjoins upon
a sidewalk shall see that said adjoining sidewalk is at all times
kept unencumbered and free from dirt, rubbish or other matter which
may obstruct the free and proper use of the same.
No person shall encumber any street, sidewalk
or public place in the Village with any material whatever or erect
or maintain any encroachment, sign or projection in, over or upon
any of the streets, sidewalks or public places or make any excavations
in or upon said streets, sidewalks or public places or immediately
adjoining said streets, sidewalks or public places or obstruct any
street, sidewalk or public places within the Village of Port Jefferson
so as to hinder, impede and delay free traffic for a period longer
than five minutes without a special permit from the Board of Trustees.
Whenever the Superintendent of Public Works
shall find that sidewalk or sidewalks adjoining any real property
in the Village of Port Jefferson out of repair or in an unsafe and
dangerous condition, he may order, in writing, the owner or occupant
of said real property to remedy or remove such condition or make such
repairs as may be necessary in his judgment. It shall be the duty
of every owner or occupant on whom such an order is served to comply
with said order within the time specified therein. Service of said
order may be made either by delivering a copy of said order to the
owner or occupant or by delivering it to any person in charge of said
real property or, in case no such person is found, by affixing a copy
thereof in a conspicuous place on said property or by mailing a copy
of said order to the owner or occupant directed to his last known
address.
A.
Grade. No person shall construct or cause or permit
to be constructed a curb or sidewalk of cement, concrete, stone, brick
or other similar substance on any street, highway, sidewalk or other
public place within the Village of Port Jefferson without obtaining,
prior to said construction, from the Superintendent of Public Works
the proper grade for such curb or sidewalk.
B.
Application. It shall be the duty of a person desiring to construct a curb or sidewalk as is described in the foregoing Subsection A to make a written application therefor to the Superintendent of Public Works, designating the street, avenue, highway or public place upon which such curb or sidewalk is to be constructed.
C.
Elimination of curb cuts. Any curb cut, the existence
of which can no longer by justified because of its disuse or location,
may be eliminated by order of the Board of Trustees upon application
by the Superintendent of Public Works. Any person who owns property
upon which such curb cut is located or the access to which such curb
cut provides shall be notified at least 10 days before the meeting
of the Board of Trustees at which the elimination of such curb cut
is to be considered and shall have the opportunity to present arguments
or reasons for its existence. In the event that the Board of Trustees
shall order such curb cut eliminated, the Village of Port Jefferson
shall bear the entire expense of such elimination.
[Added 3-13-1974]
D.
Width of sidewalks: specifications. The width of sidewalks
in the Village of Port Jefferson shall be in accordance with the specifications
and regulations established by the Superintendent of Public Works.
[Added 4-15-1971]
In all streets, sidewalks, utility easements
and rights-of-way, all new installations, renovations, expansions,
extensions and improvements involving 500 feet or more of utility
distribution supply lines and/or service connections shall be placed
underground. Applications for the installation of underground facilities
shall be submitted to the Public Works Commissioner, in a form prescribed
by him, for his review and approval.
[Added 3-13-1974; amended 6-11-1992 by L.L. No. 4-1992; 1-5-2015 by L.L. No. 1-2015]
A.
Failure to obtain a permit required by this article or creating any
condition which is the result of action requiring a permit under this
article, without first obtaining such permit, shall constitute a violation
of this article. Each day that any such condition exists, without
the proper permit being first obtained, shall constitute a separate
and distinct violation of this article.
