[HISTORY: Adopted by the Town Board of the Town of Warwick 6-28-2001 by L.L. No. 4-2001. Amendments noted where applicable.]
The purpose of this chapter is to regulate excavations in public streets, easements, rights-of-way, sidewalks and roads, which are maintained by the Town, through a permit process designed to ensure the safety, operation and proper completion of the work.
As used in this chapter, the following terms shall have the meanings indicated:
- Any person, as defined herein, who makes application for a permit.
- The person in charge of the Department of Public Works in the Town or his authorized representative.
- CURB CUT
- The opening along the curbline at which point vehicles may enter or leave the street.
- A roadway intended to provide vehicular access from a Town street to a house or other development.
- Any unforeseen circumstance or occurrence, the existence of which constitutes a clear and immediate danger to persons or properties.
- Any natural person, partnership, firm, association, corporation, utility corporation or authority created pursuant to law.
- A public street, public easement, public right-of-way, sidewalk or public road which is accepted or maintained by the Town.
- STREET OPENING
- Any excavation, cutting or other construction that requires removal of part or all of the surface of a street.
- The Town of Warwick, County of Orange, State of New York.
Permit required for openings. No person shall make any excavation or otherwise open any Town street without first obtaining a permit from the Commissioner as hereinafter regulated; provided, however, that any person maintaining any 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 Commissioner is open for business, and said permit shall be retroactive to the date when the work was begun.
Applications for permits for street openings.
An application shall be filed in triplicate with the Commissioner of Public Works and shall be accompanied by a plan showing in detail the following information as appropriate: the location of the proposed opening, the dimensions of such opening, a construction schedule, a short statement of the purpose for which the street is to be opened, the name of the owner for whom the work is to be done and the name of the contractor who is to perform the work, accompanied by the fee hereinafter provided, to be paid to the Town of Warwick and received by the Town Clerk. The Commissioner of Public Works shall file a copy of the application with the Town Clerk and Town Engineer, together with a written report of action taken by the Commissioner of Public Works.
All applicants shall furnish a cash bond in the amount approved by the Commissioner of at least $500 to be deposited with the Town Clerk to assure that, after completing the excavation or other work, the street or other public facility is in as good a condition as it was prior to the work. This provision shall not apply to a public utility company.
Permit fee for street openings, excavations and pavement cuts. A nonrefundable permit fee set by resolution of the Town Board shall accompany each application submitted in accordance with this chapter. The fee will be filed with the Town Clerk, who will provide a receipt for the approved permit.
For every street opening, every applicant shall give at least 72 hours' advance written notice, including a diagram, engineering drawings or the equivalent thereof, of a proposed excavation in any street, new driveway, new street or new curb cut to persons, corporations or municipalities engaged in the underground distribution of gas, electricity, water, sewage, etc., via lines or mains within the vicinity of the proposed excavation.
In the interest of efficiency and the proper maintenance and construction of streets and other facilities, the Town Commissioner of Public Works is authorized to regulate the scheduling of all work conducted in accordance with this chapter in order to minimize the number of times a street must be opened. Accordingly, all applicants are encouraged to coordinate their work requiring the opening of streets.
Work for which a permit has been issued shall commence within 30 days after the issuance of the permit. If not so commenced, the permit shall be deemed to be automatically terminated. Permits thus terminated may be renewed upon the payment of an additional permit fee as originally required.
Every permit shall expire at the end of the period of time which shall be set out in the permit. If the permittee is unable to complete the work within the said time, he or she shall, prior to the expiration of the permit, present in writing to the Commissioner a request for an extension of time, setting forth the reasons for the requested extension. If, in the opinion of the Commissioner, 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; such time shall be determined by the Commissioner of Public Works.
The provisions of this chapter shall not be applicable in those instances where the street or highway is maintained by the State of New York or by the County of Orange.
Any permit may be revoked by the Commissioner, upon notice to the permittee, for:
Violation of any condition of the permit or of any provisions of this chapter.
Violation of any provision of any other applicable ordinance or law relating to the work.
Existence of any condition or the doing of any act constituting or creating a nuisance or endangering the lives or properties of others.
A permittee may be granted a period of up to three days from the date of the notice to correct the violation.
Written notice of any such violation shall be served upon the permittee or his agency engaged in the work. Notice may be given either by personal delivery or by certified mail.
When any permit has been revoked and the work authorized by the permit has not been completed, the Commissioners shall cause such work to be done as may be necessary to restore the street or part thereof to as good a condition as before the curb cut for the street or driveway or the street opening was made, or construct or repair the new street to Town standards. All expenses incurred by the Town shall be recovered from the deposit or bond the permittee has filed with the Town. If the bond does not cover such expenses, the permittee shall reimburse the Town for any additional costs.
Any person making an excavation covered by this chapter shall erect a suitable barrier or guard for the protection of persons using the streets or sidewalks and shall set up and maintain during the hours of darkness sufficient lights or flashers to properly illuminate the area. The permittee shall also take all necessary precautions of the protection of the Town and of public service companies or municipal districts and adjoining property owners and others which might be endangered by such excavations or the work incident thereto and shall comply with all directions given by the Commissioner of Public Works with respect to such barriers, lights, flares and protective measures. Traffic control devices shall be placed at least 100 feet in advance of all obstructions to adequately warn and direct traffic. The Commissioner of Public Works reserves the right to order the immediate correction of any unsafe condition and order the installation of additional signs, lights or other traffic control devices, or to require the assignment of a worker to direct traffic. Upon finding by the Commissioner of Public Works that such protective measures are not adequate, the Town may install such protective devices. The cost thereof shall be charged against the permittee's cash deposit or bond.
It shall be the duty and responsibility of any applicant to agree to save the Town, its officers, employees and agents harmless from any and all costs, damages and liabilities which may accrue or be claimed to accrue by reason of any work performed under said permit and shall provide a certificate of insurance evidencing that he or she is covered by public liability insurance in the limits of not less than $3,000,000/$1,000,000 bodily injury and $500,000 property damage, which policy shall name the Town of Warwick, its officers, employees and agents as additionally named insured. The applicant must also file with the Town evidence of statutory coverage for workers' compensation and disability insurance. The acceptance of any permit under this chapter shall constitute such an agreement by the applicant, whether the same is expressed or not. Acceptance or approval by the Town of any work done pursuant to a permit is done by the Town pursuant to its general duties and shall not create any liability on the part of the Town and shall not be determinative of whether or not the work was properly completed.
Upon notification by the permittee that all work authorized by the permit has been completed, and after restoration of the opening or the completion of the new street or driveway, the Commissioner shall inspect the completed work. If the work has been completed in accordance with this chapter, the Town shall then refund to the permittee his deposit, less any and all cost incurred by the Town in connection with said permit. Until the granting of such a refund, the permittee shall remain liable for proper guarding and protection as provided herein.
In the event that the street is not restored to its original condition, or the work has not been competed pursuant to the terms and conditions of the permit, within 10 days after notice from the Town Commissioner of Public Works that the work has not been satisfactorily performed or the street is not in acceptable condition, the aforesaid deposit placed with the Town Commissioner of Public Works shall be forfeited to the Town.
The Town Board may thereafter order the Town Commissioner of Public Works to collect, out of the monies deposited, a sufficient sum of money to repair or replace the said street or other public facility or to complete the construction of a new road to the standards acceptable to the Town.
Whenever a decision is made concerning a permit under this chapter, the applicant or permittee may request to be heard by the Town Board. The Town Board shall hold a hearing at which the applicant or permittee may be represented by an attorney and may present evidence concerning the decision at issue. The Town Board may confirm, overrule, or modify a decision.