[Adopted 4-1-1968 as Ch. 37, Art. IV, of the 1968 Code]
[Amended 11-12-1981 by L.L. No. 9-1981]
A.
No person shall open or cause to have opened any street
in the Village of Monroe nor construct, reconstruct, alter or relocate
any new or existing driveway entrance or exit abutting a Village highway
or cause the same to be done for any purpose whatsoever until a written
permit therefor has been issued by the Department of Public Works
Superintendent of the Village of Monroe upon written application.
A special permit shall be required for each opening or construction,
and the applicant shall be required to execute an agreement to indemnify
the Village for any damage or expense which it may suffer in connection
with the construction or by reason thereof. In addition, the Department
of Public Works Superintendent and/or Building Inspector may require
a bond in a sum of money sufficient to repair or replace any work
done by the applicant.
[Amended 6-21-2011 by L.L. No. 2-2011]
B.
In the event of any new construction of any structure
which shall be serviced by a driveway giving access to or from a Village
highway, the Building Inspector of the Village of Monroe shall not
issue a permit to build until a permit as required by this section
has been issued.
[Amended 11-12-1981 by L.L. No. 9-1981]
A.
No permit shall be issued by the Department of Public
Works Superintendent of the Village of Monroe unless the applicant
submits with his application a certificate of insurance issued by
an insurance company authorized to do business in the State of New
York and in a form acceptable to the Village Attorney, certifying
that the applicant has in full force and effect a policy of public
liability insurance providing for bodily injury coverage, including
wrongful death, of, and no less than, $300,000 for all such injuries
arising out of one accident and $100,000 for any one injury and $50,000
for any property damage. Such certificate shall also disclose that
the policy shall incorporate provisions as follows:
[Amended 7-6-1999 by L.L. No. 3-1999; 6-21-2011 by L.L. No.
2-2011]
(1)
That the Village is held harmless for any claims,
actions and proceedings brought against it for injury to person or
property resulting from or occasioned by such work of the permittee.
(2)
That it shall not be canceled, terminated or modified
unless 10 days' prior written notice is given to the Village Board
by certified mail addressed to the Department of Public Works Superintendent
and Building Inspector.
(3)
That the presence of an inspector or engineer on behalf
of the Village of Monroe at the site of such work shall not affect
the obligation of the insurer under the policy.
(4)
No permit shall be valid unless such insurance is
in full force and effect during the entire term of the permit.
B.
The Department of Public Works Superintendent shall
review all applications for permits and either approve, disapprove
or approve the same upon certain conditions that he shall feel essential
to the proper performance of the work and the safety and well-being
of the community or individuals using the driveway or highway.
[Amended 6-21-2011 by L.L. No. 2-2011]
C.
In passing upon such application, the Department of
Public Works Superintendent shall take into consideration the safety
and well-being of the community and the public who shall use the Village
highway affected or to which a driveway shall give access, as well
as the safety and well-being of the individuals who shall use or be
affected by such driveway.
[Amended 6-21-2011 by L.L. No. 2-2011]
D.
A record of all permits issued shall be kept on file
in the Village Clerk's office.
[Amended 3-4-1982 by L.L. No. 3-1982; 6-21-2011 by L.L. No.
2-2011]
Any work that shall take place within a Village
street shall be completed with all possible dispatch. Such work shall
be performed in the manner and upon the conditions permitted by the
Department of Public Works Superintendent and, in addition, the permittee
shall:
A.
Keep at least 1/2 of the street open to vehicular
and/or pedestrian traffic at all times.
B.
Erect suitable safeguards and/or barriers surrounding
the work for the protection of persons and vehicles using the street
in the daytime and shall cause the same to be marked by adequate lights
or flares from sunset to sunrise, conforming in kind and number to
the requirements of the Superintendent. In the event that any person
shall fail, in the opinion of the Superintendent, to adequately erect
such safeguards and barriers, lights or flares, the Superintendent
shall revoke any permit previously issued forthwith without any notice
and proceed immediately to take such steps as may be necessary to
protect the public from injury. He shall use the security deposit
applicable to the permit revoked to defray whatever costs he may incur
in taking such action.
C.
Cut street-opening trenches to a minimum width of
12 inches.
D.
Remove all material excavated by having the same hauled
away from work area and not used for backfill.
E.
Backfill all trenches with select material, as approved
by the Superintendent, and place in lifts, tamping between lifts.
G.
Clean up the work area, including the surrounding
street and/or sidewalk surface of all dirt, stones and/or construction
debris to the satisfaction of the Superintendent. In the event that
the person, his agents or employees performing the work under the
permit fail to clean up to the satisfaction of the Superintendent,
the cost of said cleanup effected by the Superintendent shall also
be deductible from the security deposit.[2]
[2]
Editor's Note: Former § 37-10, Main
connections authorization, was deleted 7-6-1999 by L.L. No. 3-1999.
[Amended 11-12-1981 by L.L. No. 9-1981; 6-21-2011 by L.L. No. 2-2011]
Anyone desiring to make any excavation in the
roadway, street or other property in use by the public shall deposit
with the Village Clerk a sum of money as determined by the Department
of Public Works Superintendent, the amount sufficient to repair or
replace any work being done by the applicant, before the issuance
of the permit, which amount shall be returned to the person making
the deposit upon the restoration of the roadway, street or other public
property to its original condition, less the reasonable cost to the
Village of so much of said restoration as may be done by the Street
Commissioner.
[Amended 7-6-1999 by L.L. No. 3-1999]
Any person, copartner, association or corporation who shall, himself or by his or its clerk, agent or employee, and any such clerk, agent or employee who shall violate any of the provisions of this article shall be liable to a fine as set forth in Chapter 1, Article II, General Penalty. Each day on which such violation continues shall constitute a separate offense.
