[Adopted 7-11-1960]
A.
APPLICANT
EMERGENCY
PERMITTEE
PERSON
STREET
SUPERINTENDENT
VILLAGE
The following words, when used in this article, shall
have the meanings ascribed to them in this section, except in those
instances where the context clearly indicates otherwise:
Any person who makes application for a permit.
Any unforeseen circumstances or occurrence, the existence
of which constitutes a clear and immediate danger to persons or property.
Any person who has been issued a permit and has agreed to
fulfill all terms of this article.
Includes any natural person, partnership, firm, association,
utility, corporation or authority created pursuant to an act of the
Board of Trustees. Whenever used in any section prescribing and imposing
a penalty, the term "person" as applied to associations shall mean
the partners or members thereof, and as applied to corporations, the
officers thereof.
Includes a public street, public easement, public right-of-way,
public highway, public alley, public way, public road or public sidewalk
accepted or maintained by the village.
The person in charge of the Department of Public Works or
the highway operations in the Village, or his authorized deputy, representative
or inspector.
[Amended 3-5-2019 by L.L. No. 4-2019]
The Village of Hastings-on-Hudson, New York, County of Westchester,
State of New York.
B.
In this article, the singular shall include the plural,
and the masculine shall include the feminine and the neuter.
It shall be unlawful for any person to make
any tunnel, opening or excavation of any kind in or under the surface
of any street without first securing a permit from the village for
each separate undertaking; provided, however, that any person maintaining
pipes, lines or other underground facilities in or under the surface
of any street may proceed with an opening without a permit when emergency
circumstances demand the work to be done immediately, provided that
the permit could not reasonably and practically have been obtained
beforehand. The person shall thereafter apply for a permit on the
first regular business day on which the office of the Building Inspector
is open for business, and said permit shall be retroactive to the
date when the work was begun.
No person to whom a permit has been granted
shall perform any of the work authorized by such permit in any amount
or quantity greater than that specified in the permit, except that
upon the prior approval of the Building Inspector additional work
may be done under the provisions of the permit in any amount not greater
than 10% of the amount specified in the permit. Any deposit and bond
posted in connection with the original permit shall be deemed to cover
any such additional work as may be approved pursuant to this section
within the limit mentioned herein.
Work for which a permit has been issued shall
commence within 14 days after the issuance of the permit therefor.
If not so commenced, the permit shall be automatically terminated.
Permits thus terminated may be renewed upon the payment of an additional
permit fee as originally required.
Permits are not transferable from one person
to another, and the work shall not be made in any place other than
the locations specifically designated in the permit.
Every permit shall expire at the end of the
period of time which shall be set out in the permit. If the permittee
shall be unable to complete the work within the specified time, he
shall, prior to the expiration of the permit, present in writing to
the Building Inspector a request for an extension of time, setting
forth therein the reasons for the requested extension. If in the opinion
of the Building Inspector such an extension is necessary and not contrary
to the public interest, the permittee may be granted additional time
for the completion of the work.
All street openings required by utilities owned
or operated by the village shall be made and restored under the direction
and supervision of the Superintendent. The permit, fee, deposit, insurance
and bond requirements of this article shall not be applicable to any
openings made by such municipality owned or operated utilities.
The provisions of this article shall not be
applicable in those instances where the highway is maintained by the
State of New York or by the County of Westchester.
Every permit shall be granted subject to the
right of the village or of any other person entitled thereto to use
the street for any purpose for which such street may lawfully be used,
not inconsistent with the permit.
A.
Any permit may be revoked by the Building Inspector,
after notice to the permittee, for:
(1)
Violation of any condition of the permit or of any
provision of this article.
(2)
Violation of any provision of any other applicable
ordinance or law relating to the work.
(3)
Existence of any condition or the doing of any act
constituting or creating a nuisance or endangering the lives or property
of others. A permittee may be granted a period of three days from
the date of the notice to correct the violation and to proceed with
the diligent prosecution of the work authorized by the permit before
said permit is revoked.
B.
Written notice of any such violation or condition
shall be served upon the permittee or his agent engaged in the work.
The notice shall contain a brief statement of the grounds relied upon
for revoking the permit. Notice may be given either by personal delivery
thereof to the person to be notified or by certified or registered
United States mail or any other method of delivery providing proof
of delivery addressed to the person to be notified.
[Amended 2-1-2005 by 2-2005]
C.
When any permit has been revoked and the work authorized
by the permit has not been completed, the Superintendent shall do
such work as may be necessary to restore the street or part thereof
to as good a condition as before the opening was made. All expenses
incurred by the village shall be recovered from the deposit or bond
the permittee has made or files with the village.
It shall be the duty and responsibility of any
applicant to:
A.
Make a written application for such permit with the
Building Inspector on forms providing all information necessary for
the administration and enforcement of this article. No work shall
commence until the Building Inspector has approved the application
and plan and issued a permit and until the permittee has paid and
provided all fees, deposits, certificates and bonds required by this
article.
B.
Furnish in duplicate a plan showing the work to be
performed under said permit. If approved by the Building Inspector,
one copy of such plan shall be returned to the applicant at the time
the permit is granted.
It shall be the duty and responsibility of any
person receiving a permit to:
A.
Pay a permit fee to be determined by the Village Board
by resolution and set in the fee schedule;[1] provided, however, that public utilities or authorities
shall be billed quarterly for such fees as they shall accrue.
[Amended 6-20-1966; 4-17-1972; 6-18-1973; 9-21-1999 by L.L. No. 4-1999]
[1]
Editor's Note: The fee schedule is on file
in the village offices.
B.
Make a deposit to cover the cost of restoring the street damaged by such work. The amount of deposit shall be computed by the Building Inspector as provided by § 252-42 of this article.
E.
Submit, when required by the Building Inspector, a
list of owners and tenants of all properties abutting the area where
the work authorized by the permit is to be performed.
F.
Present evidence that all materials, labor and equipment
which are needed to complete such work as authorized by the permit
are available.
G.
Keep the original copy of the permit and an approved
copy of the plan at all times while such work is in progress at the
location for which said permit was granted, and show such permit and
plan upon demand by the village authorities.
A.
No opening or excavation in any street shall extend
beyond the center line of the street before being backfilled and the
surface of the street temporarily restored.
B.
No more than 250 feet, measured longitudinally, shall
be opened in any street at any one time without special permission
in writing from the Village Manager, and only in instances where a
special hardship can be shown.
C.
All utility facilities shall be exposed sufficiently
ahead of trench excavation work to avoid damage to those facilities
and to permit their relocation, if necessary.
D.
Pipe drains, pipe culverts or other facilities encountered
shall be protected by the permittee.
E.
In the event the permittee damages the property or
facilities of another, the permittee shall repair this damage within
12 hours in the case of a utility, or 48 hours in the case of any
other private party. If the damage has not been repaired within these
time limits, the party sustaining the damage will undertake to have
the repairs made at his own expense and report to the village as soon
as possible the amount of expense incurred. This amount may be withheld
from the permittee's deposit by the Building Inspector, pending final
determination and settlement of any liability for this damage. Whenever
damage occurs, the injured party shall notify proper village authorities
within 24 hours so that steps can be taken to determine the extent
of the damage and plans made for its repair.
F.
Monuments of concrete, iron or other lasting material
set for the purpose of locating or preserving the lines of any street
or property subdivision, or a precise survey reference point or a
permanent survey bench mark with the village, shall not be removed
or disturbed or caused to be removed or disturbed unless permission
to do so is first obtained, in writing, from the Building Inspector.
Permission shall be granted only upon condition that the permittee
shall pay all expenses incident to the proper replacement of the monument.
G.
When work performed by the permittee interferes with
the established drainage system of any street, provision shall be
made by the permittee to provide proper drainage to the satisfaction
of the Building Inspector.
H.
When any earth, gravel or other excavated material
is caused to roll, flow or wash upon any street, the permittee shall
cause the same to be removed from the street within eight hours after
deposit. In the event the earth, gravel or other excavated material
so deposited is not removed, the Building Inspector shall cause such
removal and the cost incurred shall be paid by the permittee or deducted
from his deposit. Such costs shall be determined by the village.
I.
Safety devices.
(1)
Every permittee shall place around the project such
barriers, barricades, lights, warning flags and danger signs as shall
be determined by the Superintendent to be necessary for the protection
of the public. Additional safety requirements may be prescribed by
the Superintendent, and where applicable shall be in conformance with
the requirements set forth in the United States Department of Army,
Corps of Engineers, publication, Safety Requirements (1941 Edition,
revised 1951). Copies of this publication shall be made available
in the office of the Building Inspector for inspection by the public.
(2)
Whenever any person fails to provide or maintain the
safety devices required by the Superintendent, such devices may be
installed and maintained by the village. The amount of the cost incurred
shall be paid by the permittee or deducted from his deposit. Such
costs shall be determined by the village.
(3)
No person shall willfully move, remove, injure, destroy
or extinguish any barrier, warning light, sign or notice erected,
placed or posted in accordance with the provisions of this article.
J.
The permittee must notify all property owners who
will be affected by the work, at least 24 hours before the work begins,
except in instances where the work is of an emergency nature that
will not permit such advance notice. In emergencies where 24 hours'
advance notice is impossible, property owners will be given as much
notice as possible. Access to private driveways must be provided at
all times when work is not actually in progress. Temporary access
to driveways must be provided as needed by the property owners and
their tenants at all times. Free access must be provided at all times
to fire hydrants.
K.
Excavated materials shall be laid compactly along
the side of the trench and kept trimmed up so as to cause as little
inconvenience as possible to public travel. In order to expedite the
flow of traffic or to abate a dirt or dust nuisance, the Superintendent
may require the permittee to provide toe boards or bins; and if the
excavated area is muddy and causes inconveniences to pedestrians,
temporary wooden plank walks shall be installed by the permittee as
directed by the Superintendent. If the street is not wide enough to
hold the excavated material without using part of the adjacent sidewalk,
the permittee shall keep a passageway, at least 1/2 the sidewalk width,
open along such sidewalk line.
L.
Work authorized by a permit shall be performed between
the hours of 7:00 a.m. and 7:00 p.m., Monday through Saturday, unless
the permittee obtains written consent from the Building Inspector
to do the work at an earlier or later hour. Such permission shall
be granted only in case of an emergency.
M.
In granting any permit, the Building Inspector or
Superintendent may attach such other conditions thereto as may be
reasonably necessary to prevent damage to public or private property
or to prevent the operation from being conducted in a manner hazardous
to life or property or in a manner likely to create a nuisance. Such
conditions may include, but shall not be limited to:
(1)
Limitations on the period of the year in which the
work may be performed;
(2)
Restrictions as to the size and type of equipment;
(3)
Designation of routes upon which materials may be
transported;
(4)
The place and manner of disposal of excavated materials;
(5)
Requirements as to the laying of dust, the cleaning
of streets, the prevention of noise and other results offensive or
injurious to the neighborhood, the general public or any portion thereof;
and
(6)
Regulations as to the use of streets in the course
of the work.
A.
All pavement cuts, openings and excavations shall
be properly made, backfilled and temporarily surfaced by the permittee
according to village specifications.
B.
The Building Inspector must be notified by the permittee
during the forty-eight-hour period preceding beginning of backfilling,
of the date and approximate time at which backfilling will be begun.
C.
No backfilling shall be begun unless or until either
the Building Inspector, the Superintendent or a designated village
inspector is present.
D.
The work of the permanent restoration, including both
paving surface and paving base, shall be performed by the permittee
according to village specifications.
E.
If the Building Inspector finds that paving surfaces
adjacent to the street opening may be damaged where trenches are made
parallel to the street, or where a number of cross trenches are laid
in close proximity to one another, or where the equipment used may
cause such damage, the Village Manager may require a negotiated payment
from the permittee for the resurfacing in place of patching of such
street if, in his opinion, the damage will be so excessive it will
require the complete resurfacing of the street area involved. Such
negotiations shall be carried on and payment agreed upon prior to
issuance of a permit.
F.
After excavation is commenced, the work of making
and backfilling the same shall be prosecuted and completed with due
diligence.
G.
The Building Inspector shall make daily inspections
of all work authorized by a permit.
H.
Upon completion of all work accomplished under the
provisions of the permit, the permittee shall notify the Building
Inspector in writing. A certificate of final inspection shall be issued
by the Building Inspector to each permittee no sooner than one year
after the permanent restoration of the excavation has been made, provided
the work authorized by the permit has been performed according to
village specifications. Prior to the issuance of a certificate, the
Building Inspector shall make a final inspection of the restoration
to determine whether village specifications have been adhered to.
I.
If any settlement in a restored area occurs within
a period of one year from the date of completion of the permanent
restoration, any expense incurred by the village in correcting such
settlement shall be paid by the permittee or recovered from his bond,
unless the permittee submits proof satisfactory to the Building Inspector
that the settlement was not due to defective backfilling.
J.
In no case shall any opening made by a permittee be
considered in the charge or care of the village or any of its officers
or employees, and no officer or employee is authorized in any way
to take or assume any jurisdiction over any such opening, except in
the exercise of police power, when it is necessary to protect life
and property.
K.
If any restoration completed by a permittee is not satisfactory to
the Superintendent, and the permittee shall fail to correct the work
to the satisfaction of the Superintendent, the Superintendent may
cause such work to be done to his satisfaction. All expenses incurred
by the Village shall be recovered from the deposit or bond provided
by the permittee under this article.
[Added 6-16-2015 by L.L.
No. 3-2015]
L.
If any excavation for which a permit has been issued hereunder exceeds
25 feet in length, the permittee shall be responsible for resurfacing
the street from curb to curb over the entire area in a manner and
with materials approved by the Superintendent. Where no curb exists,
the resurfacing shall extend to the existing pavement limits.
[Added 6-16-2015 by L.L.
No. 3-2015]
A.
Computation of deposits. The Building Inspector, upon
receipt of a properly completed application, shall determine the amount
of the deposit to be made by the permittee; provided, however, that
the deposit shall not be less than an amount to be determined by the
Village Board by resolution and set in the fee schedule.[1] The deposit shall be paid at the time the permit is received,
and the deposit shall be used to reimburse the village for the cost
of any work and materials furnished by it in connection with the work
authorized by the permit and for any other purpose set forth in this
article.
[Amended 6-20-1966; 4-17-1972; 9-21-1999 by L.L. No. 4-1999]
[1]
Editor's Note: The fee schedule is on file
in the Village offices.
B.
Form of deposit. The deposit may be either in the
form of a certified, treasurer's or cashier's check or in lawful money
of the United States.
C.
Insufficient deposit. If any deposit is less than
sufficient to pay all costs, the permittee shall, upon demand, pay
to the village an amount equal to the deficiency. If the permittee
refuses or fails to pay such deficiency, the village may institute
an action to recover the same in any court of competent jurisdiction.
Until such deficiency is paid in full, no additional permits shall
be issued to such permittee.
D.
Yearly deposit. Whenever any public utility or authority
shall anticipate more than one street opening or excavation per calendar
year, such utility or authority may post one deposit in an amount
and form as provided above for the calendar year or part thereof to
cover the cost of any and all work.
E.
Deposit and cost schedules. The amount of deposit
for street openings shall be computed in accordance with the unit
prices for pavements or other areas to be disturbed or work to be
done, as determined by the Building Inspector and to be determined
by the Village Board by resolution and set in the fee schedule.
[Amended 9-21-1999 by L.L. No. 4-1999]
F.
Decision on costs. The Building Inspector shall estimate
the cost of any work performed by the Street Department pursuant to
the provisions of this article. If, in the opinion of the permittee,
the Building Inspector's cost estimates are excessive, he may appeal
the Building Inspector's decision to the Village Manager. If, in turn,
he is not satisfied with the Village Manager's decision, he will have
the right to final appeal of the cost estimates to the Village Board
of Trustees. The Board of Trustees' decision will be final in all
cases.
G.
Refund of deposit. Upon notification by the permittee
that all work authorized by the permit has been completed, and after
restoration of the opening and final inspection, the Building Inspector
shall refund to the permittee his deposit less all costs incurred
by the village in connection with said permit and any other expenses
required by this article, for which final settlement has not been
made. In no event shall the permit fee be refunded once work has been
undertaken.
A.
Maintenance bond requirements. Each applicant upon
the receipt of a permit shall provide the village with an acceptable
corporate surety bond to guarantee faithful performance of the work
authorized by a permit granted pursuant to this article. The amount
of the bond shall be 100% of the estimated cost of restoring the street
opening as determined by the Building Inspector. The term of the bond
shall begin upon the date of posting thereof and shall terminate upon
the receipt by the permittee of a certificate of final inspection
from the Building Inspector. If the permittee anticipates requesting
more than one permit per year as required by this article, he may
furnish one continuing corporate surety bond to guarantee faithful
performance in such amount as the Building Inspector deems necessary.
The amount of such bond shall be in relation to the cost of restoring
pavement cuts to be made by the permittee throughout the year.
B.
Default in performance. Whenever the Building Inspector
shall find that a default has occurred in the performance of any term
or condition of the permit, written notice thereof shall be given
to the principal and to the surety on the bond. Such notice shall
state the work to be done, the estimated cost thereof and the period
of time deemed by the Building Inspector to be reasonably necessary
for the completion of such work.
C.
Completion of work. After receipt of such notice the
surety must, within the time therein specified, either cause the required
work to be performed or, failing therein, indemnify the village for
the cost of doing the work as set forth in the notice.
[Amended 3-5-2019 by L.L. No. 4-2019]
Each applicant, upon the receipt of a permit,
shall provide the Village with an acceptable certificate of insurance
indicating that he is insured against claims for damages for personal
injury as well as against claims for property damage which may arise
from or out of the performance of the work. Such insurance shall cover
any and all possible hazards of whatsoever kind or nature, and shall
include protection against liability arising from completed operations.
The amount of the insurance shall be prescribed in written requirements
by the Building Inspector.
A.
Notices of improvements. When the village shall improve
or pave any street, the Building Inspector shall first give notice
to all persons owning property abutting on the street about to be
paved or improved, and to all public utilities and authorities operating
in the village, and all such persons, utilities and governmental authorities
shall make all connections as well as any repairs thereto which would
necessitate excavation of the street, within 30 days from the giving
of such notice. The time shall be extended if permission is requested,
in writing, and approved by the Village Manager after consultation
with the Superintendent and Village Engineer.
B.
Restriction upon opening new streets. No permit shall
be issued by the Building Inspector which would allow an excavation
or opening in a paved and improved street surface less than five years
old, unless the applicant can clearly demonstrate that public health
or safety require that the proposed work be permitted or unless an
emergency condition exists.
C.
Penalty for opening new streets. If, by special action
of the Building Inspector with approval of the Village Manager, a
permit is issued to open any paved and improved street surface less
than five years old, a penalty charge shall be made for the opening,
except that the penalty shall be waived in the event the work is of
an emergency nature. The penalty charge shall be on a sliding scale
and shall be equal to 2% of the cost of restoring the opening for
each unelapsed month or fraction thereof of the five-year restricted
period.
A.
Every person owning, using, controlling or having
an interest in pipes, conduits, ducts or other structures under the
surface of any street used for the purpose of supplying or conveying
gas, electricity, communication impulses, water or steam to or from
the village or to or from its inhabitants, or for any other purposes,
shall file with the Building Inspector such maps or sets of maps,
drawn to a scale suitable for the purposes required, showing the location,
size and dimensions of all such installation, whenever, in the opinion
of the Building Inspector, such maps are necessary for the safe and
proper undertaking of street opening work.
B.
Each map herein required shall be accompanied by an
affidavit, endorsed thereon to the effect that the same reasonably
exhibits the details required to be shown by this section as of the
time of filing to the best of the permittee's knowledge and information.
A.
Whenever any pipe, conduit, duct, tunnel or other
structure located under the surface of any street, or the use thereof,
is abandoned, the person owning, controlling or having an interest
therein shall, within 30 days after such abandonment, file with the
Building Inspector a statement, in writing, giving in detail the location
of the structure so abandoned.
B.
Each map or set of maps filed pursuant to the provisions
of this article shall show in detail the location of all such structures
abandoned subsequent to the filing of the last preceding map or set
of maps.
C.
When the village plans to pave or improve streets
in which there are abandoned facilities, the owner of such facilities
shall be notified to remove them if in the opinion of the Board of
Trustees their removal is in the best interest of the village. If
the owner shall refuse to remove such facilities, the village shall
remove the abandoned facilities and the owner shall reimburse the
village for such removal.
A.
If the work to be undertaken by the permittee is such
that it will affect the use of properties abutting or adjoining the
project, the Building Inspector shall require the permittee to submit
a list of the names and addresses of the owners and tenants of such
properties. Upon receipt of such list, the Building Inspector shall
notify the affected property owners and tenants of the proposed work
to be done.
B.
If the work to be undertaken by a permittee will affect
other subsurface installations in the vicinity of the proposed opening,
the Building Inspector shall notify the owners of such facilities
of the proposed work and what it will involve to the extent of the
information furnished by the permittee.
The Building Inspector shall notify, in writing,
the village police and fire authorities of all street opening permits
he grants. Such notification shall state the nature of the work to
be done, proposed beginning and completion dates and the location
of such project.
[Added 6-16-2015 by L.L.
No. 3-2015]
A.
A Village
police officer to direct traffic around the excavation shall be provided
by any permittee when any excavation hereunder shall be likely to
impede traffic. The Chief of Police shall determine whether the excavation
will impede the flow of traffic or constitute a safety hazard so as
to require a police officer.
B.
The
cost of said police officer shall be paid by the permittee.
[Amended 3-5-2019 by L.L. No. 4-2019; 11-2-2021 by L.L. No. 7-2021]
Any person who violates any provision of this article shall be punished subject to the penalties prescribed by § 1-14 of the Village Code.
