[Adopted 1-24-1972 by L.L. No. 1-1972 as
Ch. 16 of the 1972 Code]
No person shall open up, tunnel under, alter
the grade of, dig or excavate in the roadbed, pavement or gutters
of any street of the Village for any purpose whatever except upon
compliance with the provisions herein.
Except as provided in § 108-10 hereof, not less than 24 hours prior to the proposed time for such digging or excavating, application shall be made to the Village Clerk for a permit therefor. Such application shall state:
A.
Each application shall be accompanied by a cash deposit
or bond or undertaking to cover the cost of restoring the street and
its pavement to a condition which meets the approval of the Village
Engineer. In the alternative and in the discretion of the Village
Clerk, a guaranty or adequate assurance that such repavement will
be made will be supplied.
B.
Failure to restore the street and its pavement to
a satisfactory condition shall result in forfeiture of the cash deposit
or bond. Satisfactory completion of the work or restoration shall
result in the release of the cash deposit or bond.
Each application for a permit shall further
be accompanied by a certificate of insurance, in a from determined
by the Village Counsel, approved by the Board of Trustees and issued
by an insurance company authorized to do business in this state, running
to the Village, guaranteeing that the applicant has provided public
liability coverage of not less than $100,000./$300,000 and property
damage insurance of $50,000/$100,000, to save the Village harmless
from all claims, actions and proceedings brought by any person for
injury to person or property resulting from or occasioned by any fault
or default of the person to whom the permit is issued or by anyone
acting thereunder on his behalf.
A.
As a condition precedent to receiving a permit, the applicant shall agree that, immediately upon completion of his work and, when required, its inspection and approval, he will backfill the excavation. Thereafter, when the Village restores the street at the place excavated to complete repair, the cost thereof will be paid by the permittee, the amount due being taken from the sum placed on deposit as provided in § 108-3 hereof. Until such complete repair has been made, all liability for the condition of the street remains upon the permittee.
B.
In the alternative, upon permission, in writing, by
authorization of the Board of Trustees, the permittee may himself
restore the pavement to complete repair under supervision of the Village
Engineer or Superintendent of Public Works and in conformity with
grades and specifications to be provided for such work.
The fee for each permit hereunder will be as
established by resolution of the Board of Trustees from time to time.[2]
A.
When there has been full compliance with the provisions
herein stated and no other valid objections have appeared, the Village
Clerk will issue a permit to the applicant therefor.
B.
Permits are not transferable, and the work shall not
be performed in any place other than the locations specifically designated
in the permit.
B.
Every permit shall expire at the end of the period
of time which shall be set out in the permit. If the permittee shall
be unable to complete the work within the specified time, he shall,
prior to the expiration of the permit, present, in writing, to the
Chief Code Enforcement Officer a request for an extension of time,
setting forth therein the reasons for the requested extension. If,
in the opinion of the Chief Code Enforcement Officer, such an extension
is necessary and not contrary to the public interest, the permittee
may be granted additional time for the completion of the work.
Each person to whom a permit is issued hereunder
must at all times have it available at the place of the excavation
and, upon demand, show it to the representative of the Village.
A.
Application. In an emergency, such as the breaking
of a main or other condition calling for immediate opening of a street
to prevent loss or injury to property, application may be made to
the Village Clerk for an emergency permit, in person or by telephone,
and authority shall be granted to proceed with the necessary work
forthwith.
B.
Notifying police. If such emergency develops during
hours when the Village Office is closed, as during the night or on
holidays, notification thereof shall be made to the Police Department,
in person or by telephone, before proceeding with the street opening.
C.
Duties thereafter. It shall be the duty of every person who undertakes to open a street under the provisions of this section to place warning signs, lights and barriers to protect the public and, upon the first day of resumption of regular business at the Village Office, to comply with the provisions of §§ 108-2, 108-3, 108-4, 108-5 and 108-6 hereof or to be held in violation of this Part 1.
Whenever the surface of a street is disturbed
or an opening is made therein or when, as a result of work done thereon,
there exists a depression below the surrounding grade or an elevation
higher than the grade because of excess backfill or for other reasons,
the person to whom the permit was issued or who has caused the hazard
shall provide adequate safeguards to the public by erecting a barrier
or fence, of distinctive type or color, marking the outside limits
of the affected area and bearing warning signs distinguishable by
day and adequate numbers of lighted lanterns or flares to give warning
of danger after dark.
A.
For the infraction of any provision hereof, any permit
may be canceled, and permission to do similar work may be withheld
from the offender for a period of three months from the time of such
violation.
B.
Any person committing an offense against any provision
of this Part 1 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 both such fine and imprisonment.
