[Adopted 2-14-1978 by L.L. No. 1-1978]
This article shall be cited and may be referred
to hereinafter as the "Local Law for Regulation of Open Pits."
It is declared to be the purpose of this article
to prevent and deter injury to persons or property within the Town
of Southeast as the same may be caused or created as the result of
the digging, excavating or otherwise opening of test pits, test holes,
trenches and other drainage and/or testing devices. It is recognized
that the same, while necessary to the proper and safe development
of real property, when improperly maintained, constructed or protected,
present a very serious hazard to the health and safety of those persons
living, working or being in the vicinity thereof. It is, therefore,
the intent of the Town of Southeast to ensure the reasonable safety
of its residents by requiring protective devices and timely removal
for such excavations.
This article shall apply to all areas within
the Town of Southeast, Putnam County, New York, excepting therefrom
the territorial limits of the Village of Brewster, and shall further
apply to present any future excavations within said Town.
As used in this article, the following terms
shall have the meanings indicated:
Includes any test pit, test hole, trench, swale or other
hole or ditch having a diameter or width in excess of 18 inches and
a depth of more than 12 inches from the surface level of the ground
measured at its lowest point within a radius of three feet from the
center line of the excavation or involving standing water more than
six inches deep.
Includes the Building Inspector of the Town of Southeast
or any other official designated by the Town Board.
Any person, corporation, individual, partnership, association
or other entity.
A.
It shall be unlawful to construct a controlled excavation
within the Town of Southeast without first having obtained therefor
from the Building Inspector a written consent for the same. Such consent
shall be in a form approved by the Town Board and shall state the
following information:
[Amended 6-16-1988 by L.L. No. 5-1988]
(1)
The full name and address of the owner or owners of
the property.
(2)
The street address, if any, of the property.
(3)
A statement of consent by the owner of the property
for said excavation.
(4)
The date when it is anticipated that said excavation
shall commence.
(5)
The date when it is anticipated the same shall be
restored to its original condition.
B.
The written consent shall have affixed thereto the
signature of the Building Inspector upon his approval.
C.
Any applicant for the aforesaid consent shall furnish
to the Building Inspector two copies of a map, survey or other approved
description having located thereon the exact location of the proposed
controlled excavation, the boundary lines of the applicant's property
and the names and addresses of all surrounding property owners whose
property abuts that of the applicant or abuts any roadway immediately
opposite and adjacent to the property of the applicant.
A.
No controlled excavation and no written consent therefor
shall be allowed so as to exist unprotected for a period of more than
48 hours from the commencement of the initial excavation work.
B.
Any controlled excavation must be suitably protected
so as to ensure the safety of all who may reasonably come in contact
therewith; but in no event shall any such controlled excavation be
constructed and maintained for a period in excess of 48 hours unless
one or more of the following protective devices be installed around
such excavation or the property upon which the excavation is being
made:
(1)
A wooden or wire mesh fence of not less than four
feet in height, or other suitable device, surrounding and enclosing
the entire property or the work area, designed for and capable of
preventing and restraining intruders. If said fence shall be of wooden
construction, each fencing board shall be separated by not more than
seven inches; and if said fence is of wire-mesh construction, the
mesh shall not be greater than six inches by six inches. No fence
shall be so located as to obstruct visibility at the access drive.
Gates shall be securely locked at all times when the project is not
in operation. It shall be the responsibility and liability of the
applicant to ensure effectiveness of such fence and maintenance thereof.
(2)
A cover, cap or other capping device placed upon all
circular excavations, designed to withstand weight in excess of 300
pounds per square foot and affixed so as to prevent unauthorized removal.
It shall be the responsibility and liability of the applicant to ensure
the effectiveness of such cover or cap.
(3)
Any such other device suitably adapted to the purposes
of this article and approved by the Building Inspector.
The adoption of this article shall not be deemed
to impose upon the Town of Southeast any responsibility or liability
for negligence, injury or the like caused to any person or property
as a result of the lack of enforcement thereof; nor shall the written
consent and/or approval of the Building Inspector be deemed a representation
on the part of the Town of Southeast, or the agents and employees
thereof, of the suitability, acceptability or effectiveness of any
devices used in the purpose of preventing injury.
[Amended 6-16-1988 by L.L. No. 5-1988]
Any person who violates or causes the violation
of any provision of this article shall be punishable by a fine not
of not more than $250 or imprisonment for a period not to exceed 15
days, or both, for each violation. A continued violation of this article
shall constitute a separate additional violation for each week of
continuance.
