No person, water company, gas company, telephone
company, electric light company or other utility company shall be
allowed to open or dig up any road or in any way alter any curbing,
gutter, basins, drainage lines or other works of the Village or county
therein for any purpose, without a written permit duly issued by the
person or department duly authorized by the Village to issue such
permit.
[Amended 3-6-1995 by L.L. No. 3-1995]
A. Each applicant for a permit pursuant to this article,
before the issuance of the same, shall pay to the Village therefor
a fee for such permit, which may be set by resolution of the Board
of Trustees from time to time.
B. In addition to such permit fee, each applicant shall
deposit with the Village such sum of cash as may be set by resolution
of the Board of Trustees from time to time to guarantee to properly
restore said street or public place to its former condition. In lieu
of such cash deposit, the Village may accept a surety bond or undertaking,
executed by a fidelity or surety company authorized to transact business
in this state, in a form approved by the Village Attorney, and in
an amount at least 200% of said cash deposit, or the Village may accept
such other security, if any, as the Board of Trustees may establish
by resolution.
C. In addition to such permit fee and cash deposit, the
applicant shall also pay to the Village, prior to issuance of any
such permit, such sum of money, if any, as may be set by resolution
of the Board of Trustees from time to time for the inspection costs
reasonably anticipated to be incurred by the Village for inspection
of the work.
D. In the event that the area of such work shall be in excess of 150 square feet, the amount of the deposit required by Subsection
B may be increased at a rate set by resolution of the Board of Trustees from time to time.
Openings required for installation of distribution
mains and sewers shall be made only under a special permit granted
on application to the person or department authorized to issue same,
upon such conditions and under such guaranties as may be fixed from
time to time by the Board of Trustees with respect to each such special
permit.
No tunneling under any of the road surfaces
shall be permitted. Neither a straight opening crossing the pavement,
nor in opening any longitudinal trenches shall any buttresses with
tunnels underneath be developed. The entire depth, length and width
of the trench shall be opened.
In cutting concrete pavement all reinforcement shall be cut along the center line of the trench and bent back over the edge of the remaining pavement. After the backfill has been replaced as provided in §
212-33, the reinforcing material shall then be bent back as near to its original position as possible, after which temporary pavement shall be placed by methods acceptable to the Village Engineer.
Wherever works are to be installed within earth
shoulders, the bottom of the trench nearest the edge of the pavement
shall not be closer than three feet therefrom and shall be at a greater
distance if the nature of the subsoil indicates that the natural angle
of repose will make it necessary. In case there is insufficient distance
between the edge of the pavement and other public works, such as gutters,
curbing, etc., tight sheeting shall be used and driven in such manner
as to not impair any of the adjoining work. In all cases, the party
opening these highways shall take all due precaution to learn the
location of any other public or private works, such as drains, sewers,
water lines, etc., which may be affected by such opening and shall
repair or cause to be repaired at his own expense any works, either
public or private, in any way affected.
[Added 3-7-1977 by L.L. No. 5-1977]
All materials placed on, all openings or excavations
made in or any obstructions created on or in any public place in the
Village of Lynbrook shall be properly marked from sunset to sunrise
by amber lights, amber lanterns, reflectors, torches and/or electric
flashers or other protective devices, so placed as to indicate from
the roadway in both directions the exact location and limits of said
work or obstructions. The work shall be at all times adequately guarded
by suitable and sufficient fences, barricades, barriers, flags and
warning signs or other protective devices to protect it from damage
and the public from accident and unnecessary inconvenience.
The area where pavement has been replaced shall
be thoroughly barricaded and lighted for a period of not less than
24 hours.
No restoration of any opening shall be made
until notice in writing therefor has been given to the Department
of Public Works or to such person or department as may be designated
to make inspection of such restoration while same is being made.
The Village shall have the right to replace
any or all cuts or to alter any replacements which may have been performed
by or for the party holding a permit under this article. After such
restoration is made, the permittee shall pay the costs thereof to
the Village.
Any person who has a franchise to occupy the
highways of the Village shall be exempted from the cut-back provisions
of this article in respect to bituminous and concrete pavement, provided
that, in lieu thereof, such persons shall keep on file with the Village
a bond in the sum of $100,000 and $200,000 to guarantee the proper
restoration of the pavement wherever the necessity for such restoration
is due to the act of such person.
Any person who shall willfully violate or neglect
or refuse to comply with any provision or requirement of this article
or any regulation, order or special direction made thereunder shall,
in addition to the penalties imposed for violations of this Code,
be liable to the Village for any and all damages that may accrue to
the Village.