[Adopted 12-7-1970 as Ch. 17, Art.
III, of the 1970 Code]
[Amended 6-17-1980 by L.L. No. 2-1980; 4-11-1995 by L.L. No.
1-1995]
No excavation shall be made in any street or sidewalk unless a permit is first obtained from the Building Department for which a fee, as set forth in Chapter 118, Fees, shall be paid by the applicant, which permit must be approved, in writing, by the Building Inspector, and no work shall commence under such permit until such approval has been obtained. In addition to the permit fee, a sum as set forth in Chapter 118, Fees, shall be paid to the Village for such excavation measuring not more than 25 square feet. If the excavation is more than 25 square feet in surface area, an additional sum as required by the Building Inspector shall be paid to the Village.
Public liability insurance protecting the Village
against liability for all negligence, including death claims in such
amounts and in such company or companies as may be approved by the
Building Department, must be obtained and filed with the Building
Department before any work shall commence under any permit issued
pursuant to the provisions of this article.
All excavations or openings of streets, ramps,
sidewalks and roads shall be made in accordance with rules and regulations
adopted by the Board of Trustees and on file in the office of the
Building Department, a copy of which shall be attached to the application
of such execution.
All excavations must be properly barricaded
and protected by suitable lights in accordance with the regulations
of the Building Department and for the Department of Public Works.
Upon completion of the work, all excavations
shall be filled and covered as soon as practical.
Failure to comply with the provisions of this
article shall render the contractor, the workman who made the excavation,
the owners in front of whose premises the excavation is made, the
tenant or other person who ordered the same or received the benefit
thereof liable for all damages sustained.
Anything herein contained to the contrary notwithstanding,
where an excavation in the street or sidewalk is sought to be made
by or on behalf of a franchised public utility company, then and in
that event, the following shall apply:
A.
If the excavation is less than 100 square feet in surface area, a fee as set forth in Chapter 118, Fees, shall be paid by the applicant, and the Superintendent of Public Works shall be notified of the proposed street opening; if the excavation is more than 100 square feet in surface area, a fee as set forth in Chapter 118, Fees, shall be paid by the applicant, and other reasonable inspection fees shall be paid during the course of such excavation, the amount to be determined, from time to time, by the Board of Trustees. In the case of such excavations, the applicant shall, in addition, supply to the Superintendent of Public Works such engineering drawings and work sheets, together with a work schedule, as the Superintendent may require. Emergency permits shall be issued upon the payment of a fee as set forth in Chapter 118, Fees. In the event that an emergency requires an excavation at such time or times when the Village Clerk's office shall be closed, the applicant shall notify the Police Department of the proposed excavation, and the next day, the applicant shall make proper application, in accordance with the criteria set forth hereinabove.
[Amended 9-5-1978 by L.L. No. 9-1978; 6-17-1980 by L.L. No.
2-1980; 4-11-1995 by L.L. No. 1-1995]
B.
A condition precedent to the operation of this section
shall be the placing by each utility company applying for such excavations
under this section of a cash bond with the Village of Spring Valley
and the maintenance of such cash bond. All fees required in connection
with excavations shall be deducted by the proper Village officials
from such cash bond, from time to time, as may be required, and it
shall be the duty of the various utility companies making such requests
for excavation permits to maintain such cash bonds at the levels set
forth hereinabove.
[Amended 4-11-1995 by L.L. No. 1-1995]
C.
In addition, each utility company shall supply to
the Village on a yearly basis public liability insurance certificates
in amounts to be determined by the Board of Trustees from time to
time.
[Added 4-11-1995 by L.L. No. 1-1995]
A violation of this article shall be punishable
by a fine not to exceed $5,000 or a term of imprisonment not to exceed
15 days, or both.
