[HISTORY: Adopted by the Board of the Trustees
of the Village of Mill Neck 8-6-1954 by Ord. No. 9; amended in its entirety 7-11-2023 by L.L. No. 7-2023. Subsequent amendments noted where applicable.]
No water company, gas company, telephone or electric light company
or any person or association of persons shall open and dig up any
portion of either a public road, or a private road; unless for repairs
of an immediate emergency character to safeguard public health and
safety, for any purpose without a written permit from the Village
Clerk of the Village; provided, however, that such company or person
must notify the Village Clerk immediately of such emergency. In the
case of a private road, the Village Clerk shall not issue a written
permit unless either the association which owns the road or the owners
of the road have consented in writing for the Village Clerk to issue
the written permit.
A.Â
A permit for the opening of either a public road or a private road shall provide that the party making the opening shall backfill or cause to be backfilled the opening and shall place thereon such temporary pavement as shall be approved by the Village Engineer in the case of a public road, or approved by the association or designee of the owners of the road in the case of a private road, which pavement shall be cared for by the applicant until such time as the Village Engineer in the case of a public road, or the association or designee of the owners of the road in the case of a private road, shall decide that proper settlement to allow the laying of a permanent pavement has taken place, such time, however not to exceed six months. The party making the pavement shall notify the Village Engineer in the case of a public road, or the association or designee of the owners of the road in the case of a private road, when said opening has been backfilled or temporarily paved. The fee for such permit shall be as set forth in Chapter A132, Fees.
B.Â
Each application shall be accompanied by an Acord Certificate of
Insurance, copies of additional insured endorsements, evidencing that
there is in effect liability insurance stating that the Incorporated
Village of Mill Neck, all elected and appointed officials, employees
and volunteers of the Village are included as additional insureds
per the General Liability including Contractual Liability, Products
and Completed Operations, Automobile Liability and Excess Liability
(if applicable). Insurance coverage is to be primary and noncontributory
to any insurance carried by any additional insured. Waiver of Subrogation
is to be included on the Workers Compensation and General Liability
in favor of the Additional Insureds. The certificate must also state
all work performed at any and all locations. The minimum liability
limits are $1,000,000 per occurrence; $2,000,000 aggregate for commercial
general liability including contractual liability, products and completed
operations, and personal and advertising injury liability; $1,000,000
business automobile liability; Workers Compensation and New York State
Disability and Paid Family Leave coverage. Workers Compensation evidence
should be provided on a C105.2 form; New York State Disability and
Paid Family Leave coverage should be provided on a DB120.2 form. If
the applicant does not have Workers Compensation and/or New York State
Disability and Paid Family Leave coverage due to a valid exemption,
a CE200 form must be provided. The applicant shall also keep such
insurance in force at all times during the term of the permit. Further,
the applicant will execute a Village-issued hold harmless agreement
to indemnify and hold the Village harmless from all damage resulting
from activities related to the application.
C.Â
Any permittee making an excavation under this chapter shall erect
suitable barriers or guards for the protection of persons using the
streets or bicycle paths; shall set up and maintain, during the hours
of darkness, sufficient lights or flares to properly illuminate the
area; shall take all necessary precautions for the protection of all
property which may be endangered by such excavation or other work
incident thereto; shall comply with NYS-DOT work zone traffic control
measures; and shall keep clear at all times a sufficient and safe
passageway for all pedestrians and vehicular traffic.
D.Â
In connection with the operations under such permit, no matter shall
be deposited or piled up within 15 feet of any fire hydrant or Village
drainage facility.
E.Â
Upon the completion of the work, the road shall be repaired with
a minimum of two inches of new asphalt from one edge of the road to
the other or from one edge of the road to the center line as determined
by the Commissioner of Public Services and/or Village Engineer for
the full extent of the repair, pursuant to the engineering specifications
provided by the Village.
Each applicant for a permit other than a water, gas, telephone or electric light company, before the issue of a permit, shall, in addition to the permit fee, deposit with the Village Clerk the sum set forth in Chapter A132, Fees, for an opening in a public road to cover the cost of restoration of the road to the condition before opening.
Each water company, gas company, telephone or electric light company, in lieu of the deposit as required in § 106-3 hereof, may execute and deliver to the Village an indemnity bond in the sum set forth in Chapter A132, Fees, guaranteeing restoration of the roads to the condition before the opening was made and to indemnify the Village against a nonperformance thereof.
After said restoration is made, if the cost has not amounted
to the sum deposited to cover the cost, the balance shall be refunded
by the Village. If the costs exceeds the sum on deposit, the applicant
shall pay such excess amount. A permittee shall notify the Village
Clerk when work has been completed, after which an inspection will
be made by the Village; and upon approval of the work, a release will
be granted to the permittee. Until the granting of such release, the
permittee shall remain liable for proper guarding and protection as
provided herein. No approval or release shall be given by the Village
until a sufficient period of time, not less than 30 days, has expired
in which the completed work may be observed under normal conditions.
Any person committing an offense against any provision of this
chapter 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 to $1,000 or by imprisonment for a term not exceeding 15
days, or by both such fine and imprisonment. The continuation of an
offense against the provisions of this chapter shall constitute, for
each day the offense is continued, a separate and distinct offense
hereunder.