[Adopted 3-7-1994 by L.L. No. 2-1994[1]]
[1]
Editor's Note: This local law repealed former
Ch. 39, Street Openings, adopted 12-21-1948, as amended.
A.
It shall be unlawful for any person or corporation
to open and excavate the surface of any street or sidewalk in the
Village of Irvington for any purpose, including installing, repairing
or adjusting sewer, water, gas or other pipes and conduits, without
first obtaining a permit from the Superintendent of Public Works.
A nonrefundable permit fee in an amount as set from time to time by
the Village Board of Trustees will be required for each permit.[1]
[Amended 8-18-2003 by L.L. No. 20-2003]
B.
Any series of openings required for any one or group
of pipes in one trench shall be considered to be one opening with
one permit required.
A.
Before a permit shall be issued for any opening, the
applicant shall deposit with the Village Clerk-Treasurer a deposit
fee in an amount determined by the Superintendent of Public Works
to be adequate to properly restore the street or sidewalk if not done
by the permittee.
B.
Additionally, the Superintendent of Public Works may,
at his discretion, require a performance bond.
Each permittee making an opening and excavation
shall perform the work and backfill and restore the site in a manner
as may be directed by the Superintendent of Public Works or his duly
authorized agent.
There shall be deducted from the deposit any
costs to properly complete the street opening repairs and restoration
not done by the permittee.
No street or sidewalk opening for which a permit
has been granted shall remain open for more than 48 hours, unless
written permission for a specified longer period is granted by the
Superintendent of Public Works.
A.
Each and every violation of the provisions of this
article shall be punishable by a fine not to exceed $250 and/or imprisonment
for not more than 30 days, or both.
B.
Additionally, the Superintendent of Public Works may
withhold the issuance of permits if restoration work required with
respect to previously issued street opening permits has not been satisfactorily
completed.
Each and every day that any such violation of
this article continues shall constitute a separate offense.
