[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]