[HISTORY: Adopted by the Town Board of the Town of Lewisboro
as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-11-1959]
This article shall be known and cited as the "Lewisboro Street
Ordinance."
[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.
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.
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.
[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.
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.
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.
[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.
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.
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.
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.
[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.
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.
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.
[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.
[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.
[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.
[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.
[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.
[Adopted 12-14-1976 by L.L. No. 2-1976]
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.
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.
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.
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.
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.
