[HISTORY: Adopted by the Board of Trustees
of the Village of Millbrook: Art. I, 3-21-1974 as Ch. 44, Art. I,
of the 1974 Code; Art. II, 3-21-1974 as Ch. 44, Arts. II and IV, of
the 1974 Code. Amendments noted where applicable.]
[Adopted 3-21-1974 as Ch. 44 of
the 1974 Code]
A.
Application. No person shall open or cause to be opened
by cutting or digging the surface, pavement or soil in any street,
highway or public place under the jurisdiction of the Village without
first obtaining the written consent of the appropriate Village official
and paying the prescribed fees therefor or without complying with
the provisions and conditions relating thereto as hereinafter provided.
B.
Fees established by Board of Trustees. The Board of
Trustees shall by resolution establish a uniform set of fees for the
written consent, which shall be based upon the estimated actual costs
and expenses to be borne by the Village in restoring the street, highway
or other public property to its former usefulness. The Board of Trustees
may, from time to time, change said fees to reflect changes in costs
and expenses.
Any person making or causing to be made any such excavation in the streets, highways or public places of the Village shall properly guard or barricade such excavation at all times and install and maintain adequate and sufficient warning devices to warn the public and shall restore the street, highway or public property to its former usefulness according to § 195-3.
All excavated materials shall be removed, following
which all openings shall be carefully backfilled for their entire
length, width and depth in the street or highway area, including the
area between the curb and the property line, with bank-run gravel
or crushed stone, well tamped. Additional bank-run gravel or crushed
stone shall be added by the permittee as long as any settlement occurs,
following which the pavement, curbing or other improvements shall
be restored by the Village, as required.
A.
Bond in lieu of paying fees. Public service corporations may, in lieu of paying the fees established pursuant to § 195-1 of this article, file with the Village Clerk a bond to be approved as to form, amount and sufficiency of sureties by the Village Attorney, conditioned upon:
(1)
The proper restoration of streets, highways and public
places, in accordance with the directions of the appropriate Village
official and to his or her satisfaction;
(2)
The payment to the Village, upon demand, of any costs
and expenses incurred by said Village; and
(3)
The saving of the Village of Millbrook and its officers
and employees harmless from any loss, injury or damage due to opening
streets, highways or public places or to any negligence or fault of
such corporations, its employees or agents in connection therewith.
B.
Separate permits not required; amount of bond. All
persons engaged within the Village of Millbrook in the telephone,
gas or electric business or any other business, the nature of which
would require or result in frequent applications for permits to make
obstructions or excavations in the streets, highways or public places
of the Village, shall not, however, be required to obtain separate
permits, but in all such cases, a general bond shall be given in lieu
of any permit indemnifying the Village of Millbrook from any and all
loss, cost or damage as aforesaid resulting or arising directly or
indirectly at any time from any act done by said public service corporation.
Said bond shall be in the amount as determined by the Board of Trustees
and shall be renewed annually, or as long as such person continues
to do business within the Village of Millbrook.
C.
Notification required.
(1)
Notwithstanding the foregoing, public service corporations
shall advise the appropriate Village official, in writing, as soon
as feasible but no later than 30 days prior to making any obstructions
or excavations of its intention to do so, except in case of emergency
in which event notification shall be made as soon as possible prior
to or after the emergency and need not be in writing.
(2)
The appropriate Village official shall have the power
and authority to direct any public service corporation to coordinate
its work with the Village, its independent contractors or other persons
authorized to make excavations or work in streets, highways or public
places.
D.
Backfilling requirements. Excavations made by a public service corporation must be backfilled by it with bank-run gravel or crushed stone, in accordance with the provisions of § 195-3 of this article, except that the pavement, curbing and other improvements must be restored by and at the expense of said corporation.
A.
Applications. Applications for making an excavation
in or upon any public street, highway or other public place within
the Village of Millbrook will be accepted only if they are made by:
(1)
A public service corporation, having on file with the Village Clerk a bond as required in § 195-4 of this article.
(2)
Any other person whose application shall be accompanied
by a bond in the amount as determined by the Board of Trustees approved
as to form and sufficiency of sureties by the Village Attorney, to
be given by the person by or in whose behalf such consent or permission
is requested, indemnifying the Village of Millbrook against all loss,
cost, damage or expense sustained or recovered on account of any negligence,
omission or act of the applicant.
B.
The Board of Trustees may in its discretion accept
a certificate of insurance in an amount determined by it, revocable
only on 30 days' notice in lieu of the aforesaid bonds.
All work done pursuant to this article shall
be done and performed subject to the supervision and approval of the
appropriate Village official designated by the Board of Trustees.
[Adopted 3-21-1974 as Ch. 44, Arts.
II and IV, of the 1974 Code]
No person shall place or cause to be placed
any casks, boxes, wood, stones, merchandise or other substance in
any street or sidewalk within the Village so as to obstruct or otherwise
interfere with the use thereof by the public, except that garbage
and trash cans may be placed in front of the owner's or lessee's premises
after dusk on the day before pickup, and which cans shall be removed
before dusk on the day of pickup, or except upon written consent of
the Board of Trustees.
No person shall construct, erect, maintain or
use or cause to be constructed, erected, maintained or used any drainage,
drain or pipe which shall cast any surface or roof waters over, upon
or across any public sidewalks.
No person who is the owner or occupant of any
building or lot shall permit the sidewalks in front of his respective
property to become encumbered with rubbish, trash, brush or weeds
of any kind.
No person shall put, place, park or permit any
sign, structure, vehicle or other material, temporarily or otherwise,
between the sidewalk and the curb or traveled portion of any street,
highway or other public place, except that garbage and trash cans
may be placed in front of the owner's or lessee's premises after dusk
on the day before pickup and which cans shall be removed before dusk
on the day of pickup, or except upon written consent of the Board
of Trustees.
