[HISTORY: Adopted by the Board of Trustees of the Village of Cobleskill
as indicated in article histories. Amendments noted where applicable.]
[Adopted 1-21-1985 by L.L. No. 1-1985]
[1]
Editor's Note: The title of this article was amended 12-18-2007 by
L.L. No. 13-2007.
It is the intent of the Village of Cobleskill to provide safe, accessible
sidewalks for residents of the Village of Cobleskill.
[Amended 12-18-2007 by L.L. No. 13-2007]
It shall be unlawful to construct, reconstruct, alter, replace or otherwise
interfere with a new or existing sidewalk or curb unless the standards set
forth in this article are complied with.
All sidewalks shall be constructed of portland cement concrete in accordance
with the standards and specifications set by the New York State Department
of Transportation for portland cement concrete sidewalks.
A.
They shall be four inches in depth and they shall be
six inches in depth at driveways, and sidewalks shall be at least four feet
wide unless a variance is granted by the Village Board.
B.
All sidewalks shall also be treated with silicon sealant.
C.
Curbs shall be constructed of portland cement concrete
at least 18 inches in depth with six inches exposed.
D.
Ramps for the handicapped shall be provided at each curbed
intersection and midblock crosswalk in accordance with the standards and specifications
set by the New York State Department of Transportation.
In case any sidewalk or curb is erected, constructed, reconstructed,
altered or repaired in violation of this Article, the proper local authorities
of the Village, in addition to other remedies, may institute any appropriate
actions or proceedings to prevent such unlawful construction, reconstruction,
alteration, repairs or use to restrain, correct or abate such violation.
[Amended 3-18-1996 by L.L. No. 2-1996]
Any person, firm or corporation who violates, disobeys, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this Article shall be subject to a penalty as set forth in Chapter 1, General Provisions, Article II, General Penalty. Each week of violation, if continued, shall be deemed a separate offense.
[Adopted 12-16-2002 by L.L. No. 10-2002]
A.
Openings. No person, firm, association or corporation
shall alter, disturb, open, grade, dig or excavate the surface or soil of
any street, highway, roadbed, pavement, or public ground in the Village for
any purpose, or tunnel under the roadbed of any street, in whole or in part,
for any purpose except upon compliance with the provisions set forth in this
article and upon receipt of a written permit from the Village of Cobleskill
Planning, Environment and Codes Office; nor shall any person, firm, association
or corporation do so on private ground in the Village using equipment powered
by a source other than human strength except upon compliance with the provisions
set forth in this local law and upon receipt of a written permit from the
Village of Cobleskill Planning, Environment and Codes Office.
B.
Sidewalk, curb and driveway construction. No person shall
construct, remove, replace or repair a sidewalk, curb or driveway within the
limits of any public street, highway or other public property without first
obtaining a written permit from the Village of Cobleskill Planning, Environment
and Codes Office.
C.
Water and sewer and utilities. No person shall dig, trench,
or make any connection into a sanitary sewer, stormwater drain or water main
which forms a part of the sewer, drainage or water distribution system of
the Village without first obtaining a written permit for such opening from
the Village of Cobleskill Planning, Environment and Codes Office; nor shall
any person dig or trench for the purpose of repairing or burying any underground
utility, whether controlled by the Village or some other entity, within the
public right-of-way without first obtaining a written permit from the Village
of Cobleskill Planning, Environment and Codes Office.
D.
UFPO registration number required. No permits shall be
granted to any person, association or corporation that has not obtained the
appropriate Underground Facilities Protective Organization (UFPO) registration
number in accordance with 16 NYCRR Part 753. Applicants must call at least
two business days in advance to obtain a UFPO ticket number. No permit applications
will be considered until such UFPO number is obtained.
Permit applications are to be obtained from the Village of Cobleskill
Planning, Environment and Codes Office between the hours of 8:00 a.m. and
3:00 p.m. Monday through Friday. A minimum of three business days is required
to process permit applications. Permit applications must include the following:
A.
The name of the applicant.
B.
The fact that applicant is either a contractor or a representative
of a division, department or branch of government, or a utility corporation,
or is a plumber or electrician, or a person engaged in some business or occupation
whose work requires such excavation.
C.
The precise plan where the applicant seeks to dig or
excavate or trench, with the distance from the nearest street intersection
or from the property abutting the street at the point proposed for excavation.
The application must also state the estimated size and purpose of the opening.
D.
The date or dates on which the work will be performed.
E.
The type of pavement or surface to be disturbed.
F.
The appropriate permit fee as established from time to
time by a resolution of the Board of Trustees and on file in the Village Clerk's
office and the Village of Cobleskill Planning, Environment and Codes Office.
G.
Each commercial applicant shall also provide the Village
of Cobleskill Planning, Environment and Codes Office a certificate of insurance
in a form approved by the Village of Cobleskill and issued by an insurance
company authorized to do business within the state, guaranteeing that the
applicant has provided per occurrence liability coverage of $1,000,000 for
bodily injury and property damage in the aggregate, to insure the Village
against any loss, injury or damage arising out of the granting of the permit
or from any negligence or fault of such applicant, his agents, servants or
employees in connection with the opening or with any work related thereto.
Such insurance must remain in force throughout the effective period of the
permit, as well as any authorized extensions, and shall carry an endorsement
to the effect that the insurance company will give at least 10 days'
written notice to the Village of any modification or cancellation of any such
insurance. If an individual property owner is unable to obtain said certificate
of insurance, coverage through the Village of Cobleskill is obtainable for
a fee of $50 if the work has been permitted by the Village of Cobleskill Planning,
Environment and Codes Office. Insurance coverage through the Village of Cobleskill
is not obtainable for work that has not been approved and permitted by the
Village of Cobleskill Planning, Environment and Codes Office.
[Amended 9-15-2003 by L.L. No. 8-2003]
H.
A signed statement by the applicant that the 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 Village of Cobleskill
Code and any applicable state or federal rules and regulations and that the
Village is to be saved harmless from any loss, injury, or damage arising out
of the granting of the permit or from any negligence or fault of the applicant,
his servants or agents, in connection with any of the work done in connection
with the permit.
All staking, markings or other designation of underground facility shall
be according to 16 NYCRR Part 753, Protection of Underground Facilities. In
addition, if no utilities are present, the operator shall identify such act
in a manner that is apparent to all interested parties.
When the applicant has fully complied with the requirements set forth
in this article and no other objections have appeared, the Village of Cobleskill
Planning, Environment and Codes Office shall issue a permit to the applicant.
The permit shall be valid for an effective period of 10 working days.
Such effective period may be extended, if requested by the permit holder in
writing and accompanied by updated UFPO authorization, prior to the expiration
of the permit for such additional period as the Village of Cobleskill Planning,
Environment and Codes Officer may authorize in her or his discretion.
Each person to whom a permit is issued pursuant to this article must
at all times have it available at the place of the excavation and, upon demand,
show it to a representative of the Village.
Sidewalks, curbs, streets, roads, highways, driveways or other property
shall be constructed, removed, reconstructed, replaced or repaired in accordance
with any grades and specifications as may be set forth in the Village of Cobleskill
Code.
A permit issued pursuant to this article shall not be assigned or transferred
except upon the prior written consent of the Village of Cobleskill Planning,
Environment and Codes Officer.
Upon the completion of the work, a permittee shall clean up and remove
promptly all surplus excavated material and debris and shall leave the site
of the work in a neat and orderly condition. Where topsoil, seeded areas or
sod are disturbed in the course of the work, the permittee shall restore the
ground surfaces to a condition as good as they were previously. All broken
pavement, sidewalks and/or curbing shall be restored to Highway Department
specifications.
In the event of an emergency, such as the breaking of a main or stoppage
of a sewer line or other conditions calling for immediate opening of a street
to prevent loss or injury to property, notification is to be made to the Village
of Cobleskill Highway Department by calling (518) 234-2400 and following the
recorded directions regarding how to proceed with an emergency. The Village
of Cobleskill Highway Department will then notify all affected Village departments.
The need for UFPO authorization must still be completed.
All department heads shall file an immediate notification with the Village
of Cobleskill Planning, Environment and Codes Office when any UFPO registration
has been requested. The Village of Cobleskill Planning, Environment and Codes
Office will maintain a calendar of all right-of-way intrusion requests and
permit applications that are submitted.
Any Village official, or his or her designee, is authorized to issue
a stop-work order, upon witness or notice of potentially unauthorized work
being performed until such reasonable time that verification of applicable
permits can occur. Any person, firm, association or corporation convicted
of violating any provision of this article shall, for a first offense, be
guilty of a violation punishable by a fine of not more than $250 or imprisonment
for a term not exceeding 15 days, or both. In addition, such person, firm,
association or corporation shall be subject to a civil penalty not exceeding
$1,000 or double the cost to the Village of repairing any damage caused by
the violation, whichever is greater. A second or subsequent conviction of
any provision of this article shall be a Class A misdemeanor punishable by
a fine of not more than $1,000 or imprisonment for a term not exceeding 1
year, or both. In addition, for a second or subsequent violation, such person,
firm, association or corporation shall be subject to a civil penalty not exceeding
$2,000 or triple the cost to the Village of repairing any damage caused by
the violation, whichever is greater. Upon a third or subsequent conviction
of any provision of this article the court may enjoin such person, firm, association
or corporation from participating in any manner in excavation work within
the Village for a period of two years.
