[Adopted 9-21-1953 (Chapter 54 of the 1972 Code)]
No person shall open up, alter the grade, 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, and no person shall tunnel under the roadbed of any street,
in whole or in part, for any purpose.
[Amended 12-31-1987 by L.L. No. 13-1987; 3-14-2006 by L.L. No. 1-2006]
Not less than 72 hours prior to the proposed
time for such digging or excavating, application shall be made to
the head of the Department of Public Works for a permit therefor.
Such application shall state:
A.
The name of the applicant.
B.
The fact that the applicant is either a contractor
or the representative of a division, a department or branch of government,
of a utility corporation, or is a plumber or electrician or a person
engaged in some business or occupation whose work requires such excavation
to be made.
C.
The precise place where the applicant desires to dig
or excavate, with the distance from the nearest street, intersection
or from the property abutting the street at the point proposed for
excavation.
[Amended 12-31-1987 by L.L. No. 13-1987; 3-14-2006 by L.L. No. 1-2006]
Each application shall be accompanied by a cash
deposit adequate to cover the cost of restoring the street and its
pavement to a condition which meets the approval of the head of the
Department of Public Works, or, in the alternative, a bond giving
adequate assurance that such repavement will be made.
Each application for a permit shall further
be accompanied by a certificate of insurance, in form approved by
the Village Attorney 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.
[Amended 12-21-1987 by L.L. No. 13-1987]
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 § 223-9 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 the supervision of
the head of the Department of Public Works and in conformity with
grades and specifications to be provided for such work.
[Amended 3-14-2006 by L.L. No. 1-2006]
[Amended 5-20-1985 by L.L. No. 12-1985]
[Amended 12-21-1987 by L.L. No. 13-1987; 3-14-2006 by L.L. No. 1-2006]
When there has been full compliance with the
provisions herein stated and no other valid objections have appeared,
the head of the Department of Public Works will issue a permit to
the applicant therefor.
Every grant of work for which a permit is issued
must be begun within 12 hours of the time the permit is issued.
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 shall show it to the representative of the Village.
A.
Application. In an emergency, such as the breaking
of a main, stoppage of a sewer line or other condition calling for
the 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 Clerk's 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
Clerk's office, to comply with the provisions above or to be held
in violation of this article.
Whenever the surface of a street is disturbed
or an opening 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 of for other reasons,
the persons 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 the danger after dark.
[Amended 9-11-1972; 3-14-2006 by L.L. No. 1-2006]
Violations of any of the provisions of this
article shall be punishable by a fine of not more than $250 or by
imprisonment for not more than 15 days, or both. Each day's continuance
of a violation after notice shall be deemed a separate and distinct
violation and shall be punishable accordingly.
