[Adopted 7-21-1958]
[Amended 5-16-1960; 12-11-1989 by L.L.
No. 25-1989; 4-15-1992 by L.L. No. 3-1992]
A.
No person, other than the municipal authorities of
the Village of Woodsburgh, shall alter, disturb the grade, open the
surface or excavate beneath the surface of any street or public place
in the Village of Woodsburgh until and unless a permit shall be obtained
therefor, signed by the Clerk of said village.
B.
No such permit shall issue until and unless the applicant
desiring the same shall, at the time of such application for permit,
pay to the Clerk of the village the required fee for such permit,
and deposit with the Clerk a cash deposit in a sum set by resolution
of the Board of Trustees[1] from time to time, to guarantee the proper restoration
of the street or public place to its former condition in accordance
with village requirements.
[Amended 9-22-1997 by L.L. No. 2-1997]
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, a sum of money as may be required by resolution of the
Board of Trustees[2] 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 such deposit shall be increased
at the rate as set by resolution of the Board of Trustees from time
to time per square foot of such additional area.
E.
All work pursuant to any such permit shall be done
under the supervision of and in accordance with the directions of
the Village Engineer.
[Amended 2-22-1999 by L.L. No. 2-1999]
F.
Any permit issued pursuant to this section, or a true
copy thereof, shall be displayed at the work site at all times until
the work is completed.
[Added 8-23-1999 by L.L. No. 3-1999]
G.
All work authorized by any permit issued pursuant
to this section, other than required restoration work, shall be completed
within 60 days after issuance of the permit. All required restoration
work shall be completed within nine months after the date of issuance
of the permit, unless a shorter period is determined by the Board
of Trustees when the permit is issued. By resolution, the Board of
Trustees may extend either of the foregoing periods of time. Any person
who fails to complete authorized work or required restoration work
within the time provided by this subsection shall be guilty of a violation
of this Code for each and every day such failure shall continue.
[Added 7-24-2000 by L.L. No. 3-2000]
[Added 4-15-1992 by L.L. No. 3-1992]
A.
Notice to public service corporations and municipalities.
Whenever any street shall be opened or graded in which the pipes,
mains or conduits of any municipal entity or authority or any public
service corporation (which, for the purposes of this article, shall
include any entity holding a franchise from the village for operation
of a cable television system) are laid, the contractor therefor shall
give notice thereof in writing to such entity, authority or corporation
at least 24 hours before breaking ground therefor. The requirement
of such notice shall be included in every contract for opening or
grading any street in the village in which such pipes, mains or conduits
shall be laid at the time of making such contract.
B.
Municipal entities and authorities and public service
corporations shall protect their property. Municipal entities and
authorities and public service corporations whose pipes, mains or
conduits are about to be disturbed by the opening or grading of any
street shall, upon receipt of the notice provided for in the preceding
subsection, remove or otherwise protect and replace their pipes, mains
and conduits and all fixtures and appliances connected therewith or
attached thereto, where necessary, under the direction of the Village
Building Department or the Village Engineer.
[Amended 2-22-1999 by L.L. No. 2-1999]
C.
All persons having or proposing to install facilities
in, on or over any street shall be responsible for reviewing the village's
plans for street improvements and repairs. Such persons shall make
provision to do any work, except emergency work, which requires the
opening, grading or use of any street prior to or during the improvement
or repair of such street by the village.
D.
Notwithstanding any other provision of this article,
no permit to use, grade or open any street shall be issued to any
person within five years after any such street improvement or repair
of the area to be opened unless such person demonstrates that such
work could not reasonably have been anticipated prior to or during
such improvement or repair. Notwithstanding the foregoing, the Board
of Trustees may issue a permit to open a street within such five-year
period upon a finding of necessity therefor, subject to such conditions
as the Board may establish in each such case, including appropriate
guaranties against the deterioration of the restored pavement.
[Added 3-20-1989 by L.L. No. 11-1989]
In addition to any other requirement for a street
excavation permit, an application for such permit shall, as a condition
thereof and before commencing any work thereunder, supply to the Village
Clerk a certificate of insurance demonstrating that a comprehensive
general liability insurance policy is in effect for the duration of
the period of the permit, in the principal amount of at least $1,000,000
combined single limit, naming the village as an additional insured
and providing that such policy shall not be canceled or nonrenewed
without at least 30 days' prior written notice to the village.
[Added 4-15-1992 by L.L. No. 3-1992]
A.
If any pavement which has been removed shall not be
relaid to the satisfaction of the Village Building Department or Village
Engineer, the Building Inspector or Village Engineer may cause a written
notice to be served upon the person by whom such pavement was removed
or, if the pavement was removed for the purpose of making or repairing
a connection between any house or lot and any sewer or pipes or conduits
in the street or for constructing vaults or otherwise improving any
house or lot, upon the owners or occupants of such house or lot, requiring
such person, or the owner or occupant of such house or lot, to have
such pavement properly relaid within five days after service of such
notice.
[Amended 2-22-1999 by L.L. No. 2-1999]
B.
Such notice may be served upon the owner or occupant
of a house or lot by leaving the same with any person of adult age
upon the premises or by posting the same thereupon.
C.
In the event that the person or persons to whom such notice is given do not relay said pavement as required by this article within such period of time, such person or persons shall be guilty of a violation of this article and shall be subject to the penalties and other remedies provided in Chapter 1, General Provisions, of this Code.
[Added 4-15-1992 by L.L. No. 3-1992]
A.
General provisions. Whenever any pavement, sidewalk,
curb or gutter in any street shall be taken up, the person or persons
by whom or for whose benefit the same is removed shall restore such
pavement, sidewalk, curb or gutter to its proper condition to the
satisfaction of the Building Inspector or Village Engineer.
[Amended 2-22-1999 by L.L. No. 2-1999]
B.
Rock refills. Whenever rock is excavated, not more
than 1/3 of the total excavation shall be refilled with the broken
stone, which must be in pieces not exceeding six inches in their largest
dimension, mingled with clean earth and sand, and restored in such
manner as to ensure the thorough and compact filling of all spaces.
C.
Restoration in certain cases. Whenever any pavement
in any street shall be taken up or any paving stones in a street shall
have been removed, the person or persons by whom or for whose benefit
the pavement was taken up or paving stones removed shall forthwith
return such stones to their former places and shall otherwise restore
the pavement to its normal condition to the satisfaction of the Building
Inspector or the Village Engineer.
[Amended 2-22-1999 by L.L. No. 2-1999]
D.
Maintenance of street hardware. All manhole covers,
castings and other street hardware shall be maintained flush with
the existing surrounding grade. All loose, slippery or broken manhole
covers, castings and other street hardware shall be replaced at the
direction of and to the satisfaction of the Building Inspector or
the Village Engineer.
[Amended 2-22-1999 by L.L. No. 2-1999]
E.
Payment of cost. If the pavement, sidewalk, curb, gutter or street hardware is not properly restored, replaced or maintained to the satisfaction of the Building Inspector or Village Engineer pursuant to this section, the village may perform said restoration, replacement or maintenance in accordance with the provisions of Chapter 1 of this Code and charge the expense thereof to the person or persons responsible for the same.
[Amended 2-22-1999 by L.L. No. 2-1999]
F.
Rules and regulations. The Building Inspector and
the Village Engineer are hereby authorized to establish such rules
and regulations as, in the judgment of such persons, may be deemed
necessary for the purposes of carrying out the provisions of this
section. Such regulations shall provide that any restoration of pavement
shall include restoration of all pavement from one side of the street
to the other, in a strip at least four feet wider than the area required
to be disturbed, except where the Board of Trustees provides otherwise
upon request of a person to whom a permit has been or may be issued.
[Amended 2-22-1999 by L.L. No. 2-1999]
G.
Reasonable notice of improper or inadequate restoration
of pavement or maintenance of street hardware. Except where otherwise
expressly provided in this article and except where the condition
of the pavement or hardware is an imminent danger to life or safety,
notice of improper or inadequate restoration of pavement or street
hardware may be given by ordinary mail. In the case of public service
corporations, such notice may be written or oral and shall be given
to a representative of such corporation at such place as designated
by such corporation, and the utility shall respond within 24 hours.
[Amended 2-22-1999 by L.L. No. 2-1999]
Upon the expiration of one year after completion of the work mentioned in § 128-1 hereof, the applicant shall first receive a certificate from the Village Building Department or the Village Engineer stating that the work was satisfactorily completed. Upon presentation of such certificate, signed by the Village Clerk, to the Village Treasurer, said Village Treasurer shall return to the applicant the cash sum deposited or discharge the bond filed in connection therewith.
[Amended 2-22-1999 by L.L. No. 2-1999]
In the event that the applicant fails or refuses
to properly restore said street or public place to the satisfaction
of the Village Building Department or Village Engineer within five
days after notice, in writing, from the Village Clerk addressed to
the applicant at the address set forth in his application, said street
or public place shall be restored by the Village of Woodsburgh, and
the cost and expense thereof shall be charged to said applicant out
of the sum deposited at the time of the granting of the permit or
collected by the village from the principal and surety of any bond
filed in connection therewith.
Each and every permit issued in pursuance to
the terms and provisions of this article shall at all times be in
the possession of the person actually prosecuting or superintending
the work for the applicant and shall be exhibited on demand to the
police or other authorities of said village.
All applicants to whom a permit shall be issued
under this article are required to properly guard all disturbances,
openings, diggings or excavations by guardrails, signal lights or
such other means as may be necessary to warn the public of danger
to be apprehended. No permit issued shall be construed in any manner
to make the Village of Woodsburgh liable for any constructive negligence
of said applicant in carrying on the work authorized to be done under
such permit.
Every application for a permit hereunder shall
be in writing and signed by the applicant or a duly authorized agent.
The Clerk of the Village of Woodsburgh shall have printed forms, which
forms, in addition to other necessary matters, shall have the post
office address and also the provision that, in consideration of the
granting of the permit, the applicant will save and keep harmless
the Village of Woodsburgh, its officers and Trustees from all claims
and damages caused by any negligence of such applicant in altering,
disturbing, opening, digging or excavating under such permit or failing
to properly guard the same.
