Town of Lewisboro, NY
Westchester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Lewisboro as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Excavations — See Ch. 114.
Signs for E911 identification — See Ch. 186.
Off-road vehicles — See Ch. 210.
Vehicles and traffic — See Ch. 212.
[Adopted 8-11-1959]

§ 191-1 Title.

This article shall be known and cited as the "Lewisboro Street Ordinance."

§ 191-2 Street openings: permit required.

[Amended 9-30-1971]
A. 
No person, firm or corporation shall open or cause to be opened, by cutting or excavating, the surface or soil of any street, highway, sidewalk area or public ground for any purpose whatsoever without first obtaining therefor from the Superintendent of Highways a written permit for street opening; except, however, that the construction, removal, replacement or repair of a driveway shall be done under a permit for a driveway, as set forth in § 191-12 of this article in lieu of a permit for street opening.
B. 
No person, firm or corporation shall make or cause to be made any connection into a water main within a Town highway without first obtaining from the Superintendent of Highways a written permit for street opening.
C. 
Such permit shall be valid for an effective period, not to exceed 30 consecutive calendar days, to be determined and specified therein by the Superintendent of Highways. Such effective period may be extended, if so requested in writing by the permittee prior to expiration thereof, for such additional period as the Superintendent of Highways, at the latter's discretion, may authorize.
D. 
Emergency openings. If it should become necessary in case of an emergency or any unforeseen happening to enter upon a Town road for the purpose of making emergency repairs to any sewer, water pipe, conduit or other underground or overhead structure, any person, firm or corporation, public utility or municipal subdivision may do so forthwith, provided that within 24 hours of the time of making such opening (Sunday or holidays not included), proper application for a permit is made therefor and that before such entrance is made, a diligent effort is made to contact the Highway Superintendent or his deputy.

§ 191-3 Street openings: application for permit.

A. 
Any person, firm or corporation desiring a permit for street opening shall make application therefor to the Superintendent of Highways for each such opening, upon forms to be provided for that purpose.
B. 
Said application shall contain the names and addresses of the applicant and of the owner of the property in front of which or for whom the work is to be performed, the location of such property, the block and lot designation thereof, the size and purpose of the opening to be made and the maximum size of such opening, the date or dates when the work is to be performed, the type of pavement or surface to be disturbed, together with such necessary sketches and additional information as the Superintendent of Highways may require, and a signed statement by the applicant that said applicant agrees to perform the work for which the permit is granted strictly in accordance with the conditions of the permit, the provisions of the Town and of the ordinances of the Town and the applicable rules and regulations of the Department of Highways.

§ 191-4 Street openings: insurance required.

A. 
No permit for street opening shall be issued by the Superintendent of Highways until the applicant therefor shall have first placed on file with said Superintendent of Highways, without cost to the Town, satisfactory evidence of public liability insurance in the amount of not less than $100,000 for any one person and not less than $300,000 for any one accident, and of property damage insurance in the amount of not less than $50,000 for any one accident and not less than $50,000 aggregate and satisfactory evidence that said insurance has been approved as to form, correctness and adequacy by the Town Attorney to insure the Town against any loss, injury or damage arising out of the granting of the permit or from any negligence of said applicant, his servants or agents, in connection with said opening or with any work related thereto.
[Amended 11-26-1991 by L.L. No. 1-1991; 3-24-1992 by L.L. No. 3-1992]
B. 
Such insurance must remain in force throughout the effective period of the permit, as well as any authorized extensions thereof, and shall carry an endorsement to the effect that the insurance company will give at least 10 days' written notice to the Town of Lewisboro of any modification or cancellation of any such insurance.

§ 191-5 Street openings: permit fees.

[Amended 9-30-1971; 8-8-1978; 12-11-1979]
No permit for street opening shall be issued by the Superintendent of Highways until the applicant therefor shall have first paid to the Superintendent of Highways in cash or by check payable to the Town of Lewisboro a fee of $50 to cover the cost of issuing the permit and the supervision and inspection of the work done in connection therewith, and a deposit in an amount to be determined as provided hereunder.

§ 191-6 Street openings: disposition of deposits.

A. 
The amount of deposit shall be retained by the Town for the duration of the period of maintenance as defined hereinbelow.
B. 
Upon the failure or default by the permittee of any of the terms, agreements, covenants and conditions of the permit on the permittee's part to be done or performed, said deposit may be used by the Town for any expense incurred by the Town by reason of such failure or default on the part of the permittee.
C. 
Any balance left after the expense of such failure or default, as determined and certified by the Superintendent of Highways, has been paid and deducted from the amount of the deposit shall be refunded to the permittee.

§ 191-7 Street openings: period of maintenance.

A. 
The period of maintenance shall be considered as a period of six months after the date of final completion, as determined by the Superintendent of Highways, of the work to be done pursuant to the terms of the permit; except, however, that, in the event that the termination of said six-month period shall fall within the months of December, January, February, March or April, then and in that event the period of maintenance shall be considered as extending until the first day of May next thereafter.
B. 
The permittee shall be responsible for the entire work and shall keep every portion of said work in perfect order and repair during the entire period of maintenance.

§ 191-8 Street openings: deposits.

[Amended 9-30-1971; 8-8-1978]
A. 
The amount of deposit for street openings shall be the sum of $300 plus a sum to be computed in accordance with the following unit prices for pavements or other areas to be disturbed or work to be done, as determined by the Superintendent of Highways.
(1) 
Bituminous-type pavement to be disturbed, for each square yard: $25, but not less than $50.
(2) 
Curb, gutter or shoulder or other areas within the right-of-way to be disturbed, for each linear foot: $10.
(3) 
Dirt, cinder or other pavements to be disturbed, for each square yard: $10.
(4) 
Structures.
(a) 
Connection to existing manhole, catch basin or other structure, for each separate connection: $125.
(b) 
Construction of new manhole, catch basin or other structure, for each separate structure: $275.
B. 
Use of excavating machinery or other equipment.
(1) 
When excavating machinery or other equipment is to be used on work related to street openings, the Superintendent of Highways may, at the latter's discretion, increase the amount of deposit to be required over and above the amounts hereinabove specified.
(2) 
When the permittee exceeds the maximum authorized size of opening or work specified in permit, said permittee shall, when so ordered and before proceeding with the work, pay to the Superintendent of Highways such additional amounts of deposit as the Superintendent of Highways may require. Failure on the part of the permittee to comply promptly with said order will be considered sufficient cause for revocation of the permit.
C. 
Public utility companies may, in lieu of the deposit hereinabove mentioned, deposit with the Town Board its bond or a surety company bond approved as to form, manner of execution and sufficiency by the Town Board of the Town of Lewisboro, which bond shall be retained as security for the faithful performance by the applicant of all the terms, agreements, covenants and conditions of the permit on the applicant's part to be done or performed, which bond shall be in an amount to be determined by the Superintendent of Highways, but in no case shall the face amount of the bond be less than $5,000.

§ 191-9 Street openings: protection of existing structures.

A. 
It shall be the duty of the person, firm or corporation by whom or for whose benefit any street opening is to be made for any purpose whatsoever in the Town of Lewisboro to give written notice thereof to any company whose pipes, conduits or other structures are laid in the street in which any work is to be done by the permittee under the provisions of a street opening permit not less than 24 hours before commencing such opening or work; and such person, firm or corporation doing such work shall, at its own expense, carefully support, maintain in operation and protect from injury such pipes, conduits or other structures and, in case of injury, shall restore the same, at its own expense, to as good a condition as they were before the beginning of such opening or work.
B. 
In case of failure of said person, firm or corporation to comply with the provisions of this section, then the same may be done by the company to whom the pipes, conduits or other structures belong, and the costs thereof and all damages sustained by said company thereby shall be paid by said person, firm or corporation to said company, and who may, in default thereof, maintain an action against such person, firm or corporation.

§ 191-10 Street openings: protection of traffic.

A. 
The permittee shall erect and maintain suitable barricades and fences around all of his or its work while excavation or other work is in progress and shall arrange his or its work in such a manner as to cause a minimum of inconvenience and delay to vehicular and pedestrian traffic. The Superintendent of Highways may require that the work be so arranged as to make possible the complete removal of obstructions to traffic on Saturdays, Sundays and holidays.
B. 
Warning flags or signs and suitably lighted red lights shall be provided, and watchmen shall be provided, if so ordered by the Superintendent of Highways and in accordance with the latter's directions.
C. 
Where the free flow of traffic is interfered with, the permittee shall designate competent persons to direct and expedite traffic by means of lights or flags.
D. 
All traffic control devices shall conform to the New York State Manual of Uniform Traffic Control Devices.
[Added 9-30-1971]
E. 
Unless otherwise authorized by the Superintendent of Highways, vehicular traffic shall be maintained at all times during the progress of the work being performed under the permit.

§ 191-11 Street openings: days and hours of operation.

[Added 9-30-1971]
In any district, no operation authorized under this article shall be permitted on Sunday or before 8:00 a.m. or after 5:00 p.m. on other days, except in case of emergency.

§ 191-12 Driveways: permit required.

No person, firm or corporation shall henceforth open or cause to be opened any entrance or driveway from private property onto a Town highway or onto a highway shown on a filed subdivision plat, except where such highway is to remain as a private road in accordance with approval of the Planning Board, or alter any such existing entrance without first obtaining a permit therefor from the Superintendent of Highways.

§ 191-13 Driveways: application for permit.

Any person, firm or corporation desiring a permit for a driveway shall make application therefor for each such opening on forms to be furnished. Such application shall be made to the Superintendent of Highways. Such application shall contain the name and address of applicant and of the owner of the property for whom the work is to be performed, the location of said property by block and lot designation thereof and the location of the entry of said driveway onto said highway, together with such other sketches and additional information as the Superintendent of Highways may require, and a signed statement of the applicant that he agrees to perform the work for which the permit is granted strictly in accordance with the conditions thereof and the pertinent statutes, ordinances and regulations.

§ 191-14 Driveways: permit fees.

[Amended 9-30-1971; 8-8-1978; 12-11-1979; 11-26-1991 by L.L. No. 1-1991]
No permit for such driveway or driveway alteration shall be issued by the Superintendent of Highways unless the applicant therefor shall have first paid to the Superintendent of Highways in cash or by certified check payable to the Town of Lewisboro a fee of $50 to cover the cost of issuing the permit and supervision and inspection of the work done in connection therewith.

§ 191-15 Driveways: conditions of permit.

[Amended 8-8-1978; 12-11-1979; 11-26-1991 by L.L. No. 1-1991]
A. 
The Superintendent of Highways shall require stabilization by paving of said driveway with six inches of gravel and 2 1/2 inches of bituminous surface from the existing road to the property line for the full width of the drive, but not less than 12 feet in width at the edge of the Town traveled way. He may also require stabilization by paving of said driveway for a length not to exceed 200 feet from the entrance thereof on the Town highway. He shall list his requirements on these matters as conditions of the permit, together with any requirements he may deem necessary for the drainage of surface water on the Town right-of-way and for the disposition thereof. Subject to such conditions, the Superintendent of Highways shall issue a permit to construct or alter such driveway.
B. 
Before issuance of a permit for the construction or alteration of a driveway, the applicant shall post with the Superintendent of Highways a cash bond in an amount determined by the Superintendent of Highways to be equal to the cost of the work required by the Superintendent of Highways under this article, but in no event less than $500 for a new driveway or $150 for the alteration of an existing driveway.
C. 
When notified of its completion, he shall inspect said driveway to assure its completion in accordance with said permit to construct or alter. When the Superintendent of Highways is satisfied that the conditions of said permit have been met, he shall issue a certificate of compliance. Upon issuance of the certificate of compliance, the Superintendent of Highways shall certify the claim of the applicant for the return of the bond. It shall be unlawful to use such driveway for any purpose other than construction until a certificate of compliance has been issued.
D. 
No certificate of occupancy shall be issued by the Building Inspector if a driveway construction permit has been issued until such certificate of compliance is also issued. Such permit, when issued, shall be effective for such period of time not to exceed 30 consecutive calendar days, to be specified thereon by the Superintendent of Highways. Such specified period of time may be extended for the completion of the operation, if so requested in writing by the permittee prior to the expiration date thereof, for such additional period or periods of time authorized by the Superintendent of Highways.

§ 191-16 Driveways: default.

[Added 9-30-1971]
Upon the failure or default of the permittee of or in any of the terms, agreements, covenants and conditions on the part of the permittee's part to be done, to be performed or to be completed, said deposit may be used by the Town for any expense incurred by the Town by reason of such failure or default on the part of the permittee, and any balance left, after the expense caused by such failure or default, as determined and certified by the Superintendent of Highways, has been paid and deducted from the amount of the deposit, shall be refunded to the permittee.

§ 191-17 Protection of highways.

[Amended 8-8-1978]
The deposit of dirt, filth, waste or rubbish in any street, highway or highway drainage system, sidewalk or public place or encumbering thereof by an encroachment of buildings, structures, excavation or otherwise, or any act which damages a Town highway or interferes with its drainage is hereby prohibited.

§ 191-18 Penalties for offenses.

[Amended 9-30-1971; 4-28-1992 by L.L. No. 5-1992]
A. 
Pursuant to provisions of Subdivision 2 of § 135 of the Town Law, as amended by Chapter 627 of the Laws of 1958, violations of this article or any specific provision thereof are hereby deemed to be offenses against this article and shall be punishable, upon conviction, by a fine not exceeding $25 for the first offense, by a fine not exceeding $50 for the second offense and by a fine not exceeding $200 for a third or subsequent offense. Each day's continued violation shall constitute a separate violation.
B. 
In addition to the penalties specified above, violations of §§ 191-2, 191-12 and 191-17 shall be subject to the imposition of a civil penalty of $200 per day.
[Adopted 12-14-1976 by L.L. No. 2-1976]

§ 191-19 Highways, bridges and culverts.

No civil action shall be maintained against the Town of Lewisboro or the Town Superintendent of Highways of the Town of Lewisboro or against any improvement district in the Town of Lewisboro for damages or injuries to person or property sustained by reason of any highway, bridge, culvert or any other property, either real or personal, of any type or description owned by the Town of Lewisboro, or any property owned by any improvement district therein, being defective, out of repair, unsafe, dangerous or obstructed, unless written notice of such defective, unsafe, dangerous or obstructed condition of such highway, bridge, culvert or any other property owned by the Town of Lewisboro or any property owned by any improvement district was actually given to the Town Clerk of the Town of Lewisboro or the Town Superintendent of Highways of the Town of Lewisboro, and there was a failure or neglect within a reasonable time after the giving of such notice repeal or remove the defect, danger or obstruction complained of; and no such action shall be maintained for damages or injuries to person or property sustained solely in consequence of the existence of snow or ice upon any highway, bridge, culvert or any other property owned by the Town of Lewisboro or any property owned by the improvement district in the Town of Lewisboro unless written notice thereof, specifying the particular place, was actually given to the Town Clerk of the Town of Lewisboro or the Town Superintendent of Highways of the Town of Lewisboro and there was a failure or neglect to cause such snow or ice to be removed or to make the place otherwise reasonably safe within a reasonable time after receipt of such notice.

§ 191-20 Sidewalks.

No civil action shall be maintained against the Town of Lewisboro and/or the Town Superintendent of Highways of the Town of Lewisboro for damages or injuries to person or property sustained by reason of any defect in the sidewalks of the Town of Lewisboro, or in consequence of the existence of snow or ice upon any of its sidewalks, unless such sidewalks have been constructed or are maintained by the Town of Lewisboro or the Superintendent of Highways of the Town of Lewisboro pursuant to statute; nor shall any action be maintained for damages or injuries to person or property sustained by reason of such defect or in consequence of such existence of snow or ice, unless written notice thereof, specifying the particular place, was actually given to the Town Clerk of the Town of Lewisboro or to the Superintendent of Highways of the Town of Lewisboro and there was a failure or neglect to cause such defect to be remedied, such snow or ice to be removed or to make the place otherwise reasonably safe within a reasonable time after the receipt of such notice.

§ 191-21 Disposition of notices; responsibility for corrective action.

The Town Superintendent of Highways of the Town of Lewisboro shall transmit, in writing, to the Town Clerk of the Town of Lewisboro, within two days after receipt thereof, all written notices received by him pursuant to this article, and he shall take any and all corrective action with respect thereto as soon as possible.

§ 191-22 Index record of notices.

The Town Clerk of the Town of Lewisboro shall keep an index record, in a separate book, of all written notices which shall be received of the existence of a defective, unsafe, dangerous or obstructed condition in or upon or of an accumulation of ice and snow upon any Town highway, bridge, culvert, sidewalk or any other property described in § 191-19 owned by the Town of Lewisboro or by any improvement district, which record shall state the date of the receipt of the notice, the nature and location of the condition stated to exist and the name and address of the person from whom the notice is received. The record of such notice shall be preserved for a period of five years from the date it is received. The Town Clerk, upon receipt of such written notice, shall immediately and in writing notify the Town Superintendent of Highways of the Town of Lewisboro of the receipt of such notice.

§ 191-23 Construal of provisions.

Nothing contained in this article shall be held to repeal, modify or waive any existing requirement or statute of limitations which is applicable to these causes of actions, but, on the contrary, this article shall be held to be additional requirements to the right to maintain such action; nor shall anything herein contained be held to modify any existing rule of law relative to the question of contributory negligence, nor to impose upon the Town of Lewisboro, its officers and employees and any of its improvement districts any greater duty or obligations that it shall keep its streets and sidewalks fit for public use and travel.