No person shall dig or cause to be dug any excavation, trench or other opening in any street, sidewalk or public place in the Village for any purpose; or dig or remove or cause to be removed therefrom any stone, earth, sand or gravel; or take up or injure any pavement, crosswalk, drain, sewer or any part thereof; or erect or lay, or cause to be erected or laid, any telegraph, telephone, electric light or other pole, or any drain, conduit or other pipe under, in, upon or over any street of public place in the Village; or move, or cause to be moved, or assist in moving any building into, along or across any such street or public place without having first obtained written permission of that purpose from the Building Inspector, conditioned upon the doing of such work under the supervision of the Road Commissioner if the Building Inspector so prescribes in the permit; upon keeping clear at all times a sufficient and safe passageway for all pedestrians and vehicular traffic; upon proper guarding of the same, both by night and day, so as to prevent accidents or danger; upon complete restoration of said street, sidewalk or public place to its original condition, including but not limited to foundation, base and finish paving of roadway, and upon indemnifying the Village from all damage or loss. The fee for such permit shall be as prescribed by Chapter 154, Fees and Deposits, of the Code of the Village of Old Brookville. Application for such permit shall be made in writing.
The permit shall provide that the person making the opening
shall backfill and puddle, or cause to be backfilled and puddled,
the opening and shall place thereon such temporary pavement as shall
be approved by the Road Commissioner, which pavement shall be cared
for by the applicant until such time as the Road Commissioner shall
decide that proper settlement to allow the laying of a permanent pavement
has taken place; such time, however, not to exceed six months. The
person making the opening shall notify the Road Commissioner when
said opening has been backfilled or temporarily paved.
The Village reserves the right to repair and resurface all openings
in a public street and charge the cost thereof to the applicant according
to a standard charge determined by a resolution of the Board of Trustees.
Each applicant for a permit to open a street, other than a water,
gas, telegraph, telephone or electric light company as below provided
for, before the issuance of a permit shall, in addition to the fee
at the option of the Road Commissioner, deposit with the Village Clerk
either an undertaking in a form and amount to be approved by the Road
Commissioner or cash deposit sufficient to cover the cost of the restoration
of such street to its condition before the opening.
Each water, gas, telegraph, telephone or electric light company, in lieu of the deposit as required in § 240-7 hereof, may execute and deliver to the Village an indemnity bond of a responsible surety company in the sum of $100,000, guaranteeing the restoration of the streets of the Village to their condition prior to the openings made by said company and the maintenance thereof for one year, and to indemnify the Village against the nonperformance thereof.
Before the issuance of a permit, there shall be furnished to
the Village a policy of insurance, insuring the Village against public
liability and property damage with limits of $500,000/$250,000 for
personal injuries and $50,000/$25,000 for property damages. A municipal
corporation or public utility corporation may, in lieu of an insurance
policy, file with the Village its bond to hold the Village harmless
from all damages to persons or property, including the defense of
any action, which may result from the issuance of any permit and the
work in connection therewith.
