[Adopted 6-18-1987 by L.L. No. 3-1987]
It is the purpose of this article to protect
and maintain existing roads, curbs, sidewalks and grass areas in the
Village of Greenport from disturbances and improper construction or
reconstruction.
The following terms, as used in this article,
shall have the meanings indicated:
A circumstance that may endanger the health or well-being
of the citizens of the Village of Greenport or the efficient operation
of any utility, drainage system or traffic control device in the Village
of Greenport.
Road opening shall be measured as linear feet along the longest
line at any trench, scarification or excavation that is proposed or
made.
Any contractor, individual, corporation or utility company
who undertakes to make a road opening in the Village of Greenport.
Any disturbance of or work on or under any existing pavement
surface, unimproved road, concrete sidewalk, curb, park, grass mowing
strip or grass area located on Village-owned property within the Incorporated
Village of Greenport.
An individual designated by the Board of Trustees to act
on its behalf in all matters relating to roads, sidewalks, curbs,
parks, grass areas and grass mowing strips in the Village of Greenport.
In the event that no Superintendent of Public Works is designated,
the Chairman of the Public Works Committee will assume these duties.
A.
Any contractor, individual, corporation, privately owned utility,
municipally owned utility, state agency, county agency or municipal
agency is required to obtain a road opening permit from the Village
of Greenport to make any road opening or sidewalk opening or work
in the Village of Greenport.
[Amended 4-22-2013 by L.L. No. 4-2013]
B.
A road opening permit shall be obtained from the Director of Utilities,
Village Clerk, or the authorized representative of the Director of
Utilities not less than 48 hours prior to commencement of work on
the road or sidewalk.
[Amended 4-22-2013 by L.L. No. 4-2013]
C.
Fee. A fee of fifty dollars ($50.) will be required
to apply for a road opening permit.
D.
Liability insurance. Any road opener applying for a road opening
permit shall be required to present proof of workers' compensation
insurance and general liability insurance in the amount of not less
than $1,000,000, which general liability policy shall name the Village
of Greenport as an additional insured and which shall provide coverage
for any injury or damage to any person, property, and/or vehicle that
may result from the road opening.
[Amended 4-22-2013 by L.L. No. 4-2013]
E.
Bond. At the time of the issuance of a road opening permit, the applicant
shall post a bond or certified check payable to the Village of Greenport
with the Village Clerk in the amount of $1,000 for a sidewalk opening
and $5,000 for a street opening to insure the restoration of any site
to its original or better condition. Where the road opening is measured
to be greater than 25 feet, the restoration bond rate shall be $200
per linear foot.
[Amended 5-16-1996 by L.L. No. 3-1996; 4-22-2013 by L.L. No. 4-2013]
F.
Utility emergency. In the event of an emergency, the
Superintendent of Utilities or the Superintendent's representative
is authorized to proceed with road openings for work on utility systems
of the Village of Greenport. A road opening permit shall be applied
for within 24 hours after the commencement of work in any emergency
situation.
G.
Restoration. All roads, curbs, sidewalks, grass mowing strips, grass
areas and parks shall be restored to the specifications of the Director
of Utilities. In the event that the work is not satisfactory to the
Director of Utilities, the road opener shall forfeit the posted bond
or certified check.
[Amended 4-22-2013 by L.L. No. 4-2013]
H.
Completion of work. All road openings and restoration work shall
proceed in a timely fashion. Road surfaces shall be restored within
48 hours of completion of work, all concrete curbs and sidewalks shall
be restored within 96 hours of the completion of work. Grass areas
shall be restored within one week of completion of work. The Director
of Utilities will be the individual to determine timely fashion; however,
the Director of Utilities may extend the above time limits for a reasonable
period due to season of year, weather or other conditions.
[Amended 4-22-2013 by L.L. No. 4-2013]
I.
Maintenance and protection of traffic. Any road opener who commences
work on Village roads or sidewalks will be responsible for the maintenance
and protection of all vehicles and pedestrians with all flagmen, signage,
safety devices and warning devices supplied by the road opener. The
Director of Utilities will be the individual to determine adequate
maintenance and protection of traffic.
[Amended 4-22-2013 by L.L. No. 4-2013]
J.
Curb cuts and driveway openings. Any curb cut or driveway opening
proposed in the Village of Greenport onto a street owned by the Village
of Greenport will be considered a road opening and will be granted
only upon the approval of the Greenport Village Planning Board and
the Greenport Village Board of Trustees.
[Amended 4-22-2013 by L.L. No. 4-2013]
K.
Concrete sidewalks. Any alterations to existing sidewalks will be
considered a road opening. All alterations to existing sidewalks shall
be done to the specifications of the Director of Utilities.
[Amended 4-22-2013 by L.L. No. 4-2013]
L.
Open excavation. No excavation shall be left open
overnight.
The permit application is available in the Village
offices.
[Amended 4-22-2013 by L.L. No. 4-2013]
A.
Any person committing an offense against any provision of this article
shall, upon conviction, be guilty of a violation pursuant to the Penal
Law of the State of New York, punishable by a fine not exceeding $250
for the first offense in a twelve-month period, $1,000 for the second
offense in a twelve-month period, and $2,500 for the third offense
in a twelve-month period.
B.
Any person committing an offense against any provision of this article
shall be responsible to the Village of Greenport for all costs incurred
by the Village in the restoration, correction, remedy or cure of the
work done or not done, plus an administrative fee of 25% in addition
to the actual costs incurred by the Village to cover engineering,
administrative and legal fees.
C.
The remedy of a fine or penalty is not exclusive, and the Village
of Greenport may commence a civil proceeding seeking a judgment for
the costs and expenses of the Village or for injunctive or mandamus
relief to stop work or mandate the correction or completion of work,
and the road opener, in that event, shall be liable to the Village.
