The Board of Trustees of the Village of Haverstraw finds and
declares it to be the public policy of the Village to regulate the
opening or excavation of any public street, sidewalk or road for the
protection of health, safety and welfare of the public, to prevent
a public nuisance or public health hazard and to minimize the cost
to the Village of restoring streets after opening or excavation.
Public liability insurance protecting the Village against liability
or all negligence and other acts of the applicant in such amounts
and by such company or companies as may be approved by the Village
Attorney must be obtained and filed with the Village before any work
shall commence under any permit issued pursuant to the provisions
of this article. Such insurance shall remain in full force and effect
for a period of at least one year after completion of the work to
be performed and shall hold the Village harmless against any claim
for damages for said period of time.
All excavations must be properly barricaded and protected by
suitable lights in accordance with the regulations of the Village,
including:
A. Providing street plates over trenches where required by the Superintendent
of Public Works, Building Inspector or the Village Engineer.
B. Providing flagmen where necessary.
C. Providing detour signs where necessary.
Anything herein contained to the contrary notwithstanding, where
an excavation in a street, road or sidewalk is sought to be made by
or on behalf of a franchised public utility company, then and in that
event, the following shall apply:
A. The utility shall apply for a permit from the Village of Haverstraw for each excavation to be made. No permit shall be issued for any excavation or opening in any street, road or sidewalk within a subdivision in which public improvements have been completed within five years prior to the date of the application for such permit except in accordance with §
200-17B of this article.
B. The fee to be paid for each permit shall be set forth in the fee
schedule adopted by the Board of Trustees. In addition, the company shall post a letter of credit
annually in amounts to be determined by the Board of Trustees and
shall file with the Village Clerk proof of insurance coverage in such
amounts as determined by the Board of Trustees.
C. Public utilities, when performing repair and upgrading at the request of the Village prior to its repaving of a particular street or sidewalk, shall not have to make the final paving deposit set forth in §
200-21B(12) and
(13) above and shall not be required to install final paving which paving shall be done by the Village as part of its capital repaving program.
D. All excavations, openings and closings of streets, roads or sidewalks
shall be made in accordance with rules and regulations adopted by
the Board of Trustees, if any, in addition to the rules and regulations
set forth above.
E. In the event an emergency requires an excavation at such time or
times when the Village offices shall be closed, the applicant shall
notify the Haverstraw Town Police Department of the proposed excavation
and the next day the applicant shall make proper application for a
permit in the same manner as if there had been no emergency.
The Superintendent of Public Works, or his designee, the Building
Inspector and/or Code Enforcement Officer of the Village of Haverstraw
shall have the authority to issue appearance tickets for violations
of this article.