A.
No person, firm, association, public utility or corporation,
municipal or otherwise, shall open or dig up any sidewalk, public
grounds, pavement or shoulder of any Village street or in any way
alter, remove, cut up, destroy, elevate or lower any curbing of any
such street for any purpose without first obtaining a permit therefor
from the Village Clerk, which permit shall be issued only upon authority
of the Village Board upon application therefor setting forth in detail
the nature of the work to be done and the extent and size of the opening,
alteration, removal, destruction, elevation or lowering intended to
be performed. The above regulation shall not apply to the digging
up of a sidewalk or street to repair or replace pipes or conduits
in cases of emergency nor to any utility corporation having a franchise.
B.
No sidewalk, curb or concrete gutter or portion thereof
shall be removed without being replaced as a full block from all existing
joints.
[Amended 11-5-1979 by L.L. No. 9-1979]
C.
No person,
firm, association, public utility or corporation, municipal or otherwise,
shall construct, repair, replace, resurface or otherwise alter a concrete
or asphalt driveway, roadway or access connection on any Village street
which will in any way alter, remove, cut up, destroy, elevate or lower
any Village-owned paved or concrete stormwater gutters, sidewalk,
curbing, or anything located within the Village right-of-way for any
purpose without first obtaining a permit therefor from the Village
Clerk.
[Added 10-19-2009 by L.L. No. 3-2009]
D.
No driveway,
roadway or access connection shall be elevated from the adjacent Village
street at their point of intersection in such a way as to interfere
with Village snowplowing or snow removal operations.
[Added 10-19-2009 by L.L. No. 3-2009]
A.
As a further condition to the issuance of such permit,
the applicant shall deposit with the Clerk such sum of money as set
forth from time to time by resolution of the Board of Trustees,[1] the minimum deposit to restore the street, curbing, sidewalk,
gutter and drainage lines to at least their original condition.
[Amended 11-5-1979 by L.L. No. 14-1979; 12-1-1997 by L.L. No. 6-1997]
[1]
Editor's Note: A fee schedule is on file in
the Village offices.
B.
Where the permit shall be for the removal of any part
of a curb, the amount of deposit and the nature of the restoration
or substitute for such curbing shall be determined by the Board of
Trustees at the time of authorizing the Clerk to issue the permit.
In lieu of a money deposit as required by § 150-2 above, the Board of Trustees may, in the case of a municipal corporation, public utility or other governmental body, authorize the Clerk to accept a bond in a sum to be determined by such Board, conditioned upon compliance with the terms of this article. Said bond may be a continuing bond covering all work involving permits issued to such applicant during a period of at least one year.
The sides of the area of the street opening
hereunder shall be straight and parallel and of sufficient width to
permit a firm foundation for the refill. In cutting concrete pavement,
all reinforcement shall be cut along the center line of the trench
or opening and bent back over the edge of the remaining pavement.
No tunneling shall be permitted under any paved, curbed or gutter
portion of the street or under the sidewalk thereof without the special
and additionally expressed authority of the Board of Trustees and
except under such conditions as it may then impose.
[Amended 11-5-1979 by L.L. No. 9-1979]
All street openings shall be backfilled immediately after the completion of the applicant's work therein. If material under the roadway is unsuitable, contaminated or saturated, it shall be removed from the site and suitable granular material shall be brought in. Excavations shall be properly backfilled and compacted with mechanical vibratory compactor in horizontal layers not to exceed 12 inches in thickness. The opening and the adjoining pavement which may have been disturbed in the process thereof shall then be temporarily paved and the temporary pavement cared for by the applicant until such time as the Village shall decide and notify the applicant, by ordinary mail, that proper settlement of the backfill has taken place, whereupon and within 10 days of such notice the applicant shall permanently repave the opening and adjacent pavement disturbed by him with at least the same quality of material and grade of workmanship as the original pavement and, upon so doing to the satisfaction of the Highway Department, shall be entitled to a refund of the deposit made by him under § 150-2 hereof. Upon his failure to do so within the time required, the Village may refill and repave the same and charge the applicant with the cost thereof at the rates specified in § 150-2, and the applicant shall be liable therefor. During the course of all construction, the applicant shall be responsible for all pollution and dust control pertinent to the operation.
[Amended 11-5-1979 by L.L. No. 14-1979; 12-1-1997 by L.L. No. 6-1997]
The Village reserves the right to replace any
or all cuts or openings or to alter any replacements which may have
been performed by or for the applicant and to pay for such replacements
or alteration out of the deposit made by the applicant and, in that
event, to refund the applicant any balance of said deposit in excess
of the actual or minimum cost as set forth from time to time by resolution
of the Board of Trustees,[1] whichever shall be the greater, and the applicant likewise
shall be liable for the excess of such cost over such deposit. No
refund shall be made in any event except upon the report of the Highway
Department that said refill and replacement of the opening, pavement
or cut has been effected.
[1]
Editor's Note: A fee schedule is on file in
the Village offices.
A.
All such ditches, trenches or openings shall at all
times be carefully and properly guarded and lighted by night.
B.
The applicant shall maintain and protect all pedestrian
and motorized traffic and assume all liabilities pertinent to permitted
operations or violations thereof.
[Added 11-5-1979 by L.L. No. 9-1979]
