[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.
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.
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.
A.Â
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.
B.Â
Applications for permits for street openings.
(1)Â
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.
(2)Â
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.
C.Â
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.
A.Â
Any permit may be revoked by the Commissioner, upon notice
to the permittee, for:
(1)Â
Violation of any condition of the permit or of any provisions
of this chapter.
(2)Â
Violation of any provision of any other applicable ordinance
or law relating to the work.
(3)Â
Existence of any condition or the doing of any act constituting
or creating a nuisance or endangering the lives or properties of others.
B.Â
A permittee may be granted a period of up to three days
from the date of the notice to correct the violation.
C.Â
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.
D.Â
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.
A.Â
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.
B.Â
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.
