[HISTORY: Adopted by the Board of Trustees of the Village of Lloyd Harbor as indicated in article histories. Amendments noted where applicable.]
[Adopted 2-28-1983 as Article 6 of L.L. No. 2-1983]
No person, firm or corporation, including public service companies and public authorities, shall make any excavation in any public street, highway or bicycle path owned and maintained by the village for any purpose without first obtaining a permit therefor from the Village Clerk.
A. 
Application for a permit under this article shall be filed with the Village Clerk on a form provided by the Village.
B. 
Each application shall contain an agreement on the part of the applicant to restore the street, highway or bicycle path pavement and surrounding terrain to the condition existing before excavation.
C. 
A public utility company or a public authority must file with the Village Clerk a surety bond in the amount of $10,000 satisfactory in form to the Village to cover all applications under this article for work to be done within the terms of the bond. If the amount of such bond shall be insufficient to cover all costs of performing the restoration, such company or authority shall be responsible for the deficiency.
D. 
Applications submitted by anyone except a public utility company or a public authority must be accompanied by a cash bond in such amount as may be required by the Village Engineer. Said bond shall be conditioned upon proper restoration of the street, highway or bicycle path within the time limits set by the Village Engineer. After the street is properly restored, the cash bond, less the reasonable engineering and inspection fees incurred by the Village, as set forth, from time to time, by resolution of the Board of Trustees, shall be returned to the applicant. If the amount of such bond shall be insufficient to cover all costs of performing the restoration, the applicant shall be responsible for the deficiency. In the event that the work for which application is made is done to the satisfaction of the Village Engineer, the bond shall be released and returned to the applicant.
[Amended 11-21-1994 by L.L. No. 2-1994]
E. 
Each application shall be accompanied by a certificate of liability insurance, issued to the applicant, evidencing that there is then in effect a policy of liability insurance with the Village as named insured covering all risks inherent in the work to be done with a minimum limit of $3,000,000 for bodily injury, including death, in any one occurrence and $100,000 property damage with exclusions for excavation, collapse and underground construction eliminated and with completed operations endorsement. The applicant shall also keep such insurance in force at all times during the term of the permit. Further, the applicant will indemnify and hold the Village harmless from all damage resulting from activities related to his application.
F. 
An application fee as set forth, from time to time, by resolution of the Board of Trustees shall be paid to the Village in connection with each application hereunder.
[Amended 11-21-1994 by L.L. No. 2-1994]
A. 
A permittee hereunder shall give notice of any proposed excavation to any public service companies and public authorities having lines, mains or other property in the street and within 20 feet of the proposed work; and no work shall be commenced or done under such permit until such requirement of notice has been fully complied with.
B. 
Before commencing work under any permit, the permittee shall give 24 hours' advance written notice thereof to the Police Department and to the Village Clerk. Such notice shall specify the date and hour when such work will be commenced.
A. 
Any permittee making an excavation under this article shall erect suitable barriers or guards for the protection of persons using the streets or bicycle paths; shall set up and maintain, during the hours of darkness, sufficient lights or flares to properly illuminate the area; shall take all necessary precautions for the protection of all property which may be endangered by such excavation or other work incident thereto; shall comply with all directions given by the Highway Superintendent in respect to such barriers, lights, flares and protective measures; and shall keep clear at all times a sufficient and safe passageway for all pedestrians and vehicular traffic.
B. 
In connection with the operations under such permit, no matter shall be deposited or piled up within 15 feet of any fire hydrant or Village drainage facility.
C. 
Upon the completion of the work, the road shall be repaired with a minimum of 1 1/2 inches of new asphalt from one edge of the road to the other for the full extent of the repair. The means and methods for installing this overlay including saw cutting and sealing of seams, if required, shall be reviewed and approved by the Village Engineer.
[Added 5-18-2015 by L.L. No. 3-2015]
A permittee shall notify the Police Department and the Village Clerk when work has been completed, after which an inspection will be made by the Village; and upon approval of the work, a release will be granted to the permittee. Until the granting of such release, the permittee shall remain liable for proper guarding and protection as provided herein. No approval or release shall be given by the Village until a sufficient period of time, not less than 30 days, has expired in which the completed work may be observed under normal conditions.
In the event that an emergency threatening damage to life or property requires prompt beginning of work covered hereby, the person, firm or corporation undertaking such work shall give immediate notice thereof to the Police Department and shall make application for a permit at least on the next business day at the office of the Village Clerk. The fact that the work is required, because of an emergency, to be begun or to be done without first obtaining a permit shall not, except as otherwise provided herein, excuse noncompliance with this article.