[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.
[Amended 7-21-2020 by L.L. No. 2-2020]
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. 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
punishable by a fine of not more than $1,000. 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.
