[HISTORY: Adopted by the Town Board of the
Town of Haverstraw as indicated in article histories. Amendments noted
where applicable.]
[Adopted 4-25-1977 as L.L. No. 1-1977 (Ch.
11 of the 1966 Code)]
[Amended 7-8-1991 by L.L.
No. 3-1991]
No civil action shall be maintained against
the Town of Haverstraw or Town Superintendent of Highways for damages
or injuries to person or property sustained by reason of any highway,
sidewalk, bridge or culvert being defective, out of repair, unsafe,
dangerous or obstructed unless written notice of such defective, unsafe,
dangerous or obstructed condition of such highway, sidewalk, bridge
or culvert was actually given to the Town Clerk or Town Superintendent
of Highways and there was a failure or neglect within a reasonable
time after the giving of such notice to repair or remove the defect,
danger or obstruction complained of; but no such action shall be maintained
for damages or injuries to person or property sustained solely in
consequence of the existence of snow or ice upon any highway, sidewalk,
bridge or culvert unless written notice thereof, specifying the particular
place, was actually given to the Town Clerk or Town Superintendent
of Highways and there was a failure or neglect to cause such snow
or ice to be removed or to make the place otherwise reasonably safe
within a reasonable time after the receipt of such notice.
The Town Superintendent of Highways shall transmit
in writing to the Town Clerk, within five days after the receipt thereof,
all written notices received by him pursuant to this article and Subdivision
2 of § 65-a of the Town Law. The Town Clerk shall cause
all written notices received by him or her pursuant to this article
and Subdivision 2 of § 65-a of the Town Law to be presented
to the Town Board within five days of the receipt thereof or at the
next succeeding Town Board meeting, whichever shall be sooner.
This article shall supersede in its application
to the Town of Haverstraw Subdivisions 1 and 3 of § 65-a
of the Town Law.
[Adopted 11-13-1990 as L.L. No. 14-1990]
[Amended 7-8-1991 by L.L.
No. 3-1991]
This article shall be known and may be cited
as the "Street/Sidewalk Excavations Local Law."
A.
The Town Board of the Town of Haverstraw, in conjunction
with the Superintendent of Highways, has assumed the responsibility,
pursuant to New York State law, for the maintenance, repair and general
improvement of the streets, roads and sidewalks which have been dedicated
to the Town of Haverstraw for use by the public at large.
B.
Further, the Town Board acknowledges that at periodic
times and for various reasons it may become necessary for such streets,
roads and sidewalks to be excavated for the purpose of performing
work thereunder. Such work is normally performed by either a local
utility company or private excavation companies.
C.
Therefore, the Town Board of the Town of Haverstraw
has determined that guidelines and fees must be established to control
the method and procedure for such excavations as well as the cost
of administering the same.
No person, firm or corporation shall make any
excavation in any town street, filed map street, highway or sidewalk
in the unincorporated Town of Haverstraw for any purpose without first
obtaining a permit therefor from the Superintendent of Highways of
the Town of Haverstraw, pursuant to the conditions established hereinbelow.
A.
A written application shall be filed with the Superintendent
of Highways upon a form which he shall provide or in such other manner
as he shall prescribe, which application shall state the nature, location,
extent and purpose of the proposed excavation.
B.
Applications by applicants other than public-service
companies or municipal districts must be accompanied by a surety or
escrow money, the amount of which shall be determined by the Superintendent
of Highways, depending upon the type and nature of the work involved,
which amount is to be deposited with the Town of Haverstraw to assure
that, after completing the excavation, said applicant leaves the street,
highway or sidewalk, pavement, curb or gutter in a condition satisfactory
to the Superintendent of Highways.
C.
Where it is estimated that the work will exceed $250,
the applicant must make an additional deposit of 10% of the cost of
the estimated work in excess of said $250. The Superintendent of Highways,
at his discretion, may require a bond for 100% of the estimated cost
of the project. Upon completion of said excavation, moneys deposited
hereunder are to be returned to the applicant, provided that all or
part have not been expended pursuant to this subsection.
D.
Public-service companies and/or municipal districts
shall be excluded from the above surety/escrow money requirement.
E.
Upon compliance with the foregoing requirements, a
permit shall be issued by the Superintendent of Highways of the Town
of Haverstraw.
[Amended 9-24-2018 by L.L. No. 6-2018]
All applicants, whether an individual, a non-public-service
company or a municipal district and all public service companies shall
be bound by the following fee schedule:
A.
All non-public-service company applicants shall file
with the Superintendent of Highways a general liability insurance
policy or certificate of insurance naming the Town of Haverstraw as
an additional insured at the same time as the filing of the application
for a permit. The policy shall insure the Town of Haverstraw and the
applicant and shall cover all operations relative to the excavation
and reconstruction. The limits set forth in the policy shall be as
follows:
|
Type
|
Amount
| |
|
$500,000.00 occurrence limit
| ||
|
$500,000.00 products or completed operations
aggregate
| ||
|
General liability
|
$500,000.00 general aggregate
| |
|
Workers' compensation
|
Statutory coverage
| |
|
$250,000.00/$500,000.00 bodily injury
| ||
|
Automobile liability
|
$100,000.00 property damage on each and every
vehicle used
|
B.
The applicant shall indemnify, save and hold harmless
the Town of Haverstraw from and against all suits or claims which
may be based upon any injury to or death of any person or persons
or damage to property, to the extent such injury, death or damage
occurs during and as a result of this agreement by the applicant,
by a third person or their representatives and whether or not it shall
be claimed that said injury, death or damage was caused through a
negligent act or omission of the applicant, and the applicant shall,
at its own expense, defend any and all such actions and shall, at
its own expense, pay all charges of attorneys and all costs and other
expenses arising therefrom or incurred in connection therewith, and
if any judgment shall be rendered against the town in any such action
or actions, the applicant shall, at its own expense, satisfy and discharge
the same.
The Superintendent of Highways requires any
person excavating pursuant to the permit granted hereunder to give
notice of such excavation to public-service companies or municipal
districts having lines, mains or other property in the streets, and
no work shall be commenced or done under such permit until such requirements
of notice have been fully complied with under the rules of the Public
Service Commission.
Any person making an excavation covered by this
article shall erect suitable barriers or guards for the protection
of persons using the streets and sidewalks and, in addition thereto,
shall set up and maintain during the hours of darkness sufficient
lights or flares to properly illuminate the area and shall also take
precautions for the protection of the property of the town and of
public-service companies or municipal districts and others which may
be endangered by such excavations or the work incident thereto and
shall comply with all directions given by the Superintendent of Highways
with respect to such barriers, lights, flares and/or protective measures.
A.
Commencement of work. Work under the permit shall
be commenced within 30 days from the date of permit or the permit
will be null and void (unless extension of this period is approved
by the Superintendent of Highways), and such work shall continue in
an expeditious manner. The permit fee will not be refunded if the
permit becomes null and void.
B.
Construction.
(1)
When working on any town street, road or highway,
no pavement cuts or trenches are to be left unfilled overnight, except
in emergencies, and in such cases adequate precautions must be exercised
to protect traffic.
(2)
When working on any town street, road or highway, contractors must complete final backfilling (see Subsection E below).
(3)
All pipes or mains crossing highway pavements that
have been resurfaced or built within five years of permit application
shall, wherever possible, be driven beneath the roadway without disturbance
to the pavement. The point of driving shall not be less than five
feet from the edge of the pavement. Such crossover pipes shall, whenever
possible, be enclosed in sleeves or larger pipes so that repairs or
replacements may be made in the future without further disturbances
of the roadway pavement.
(4)
If the boring method in the driving of crossover pipes
is found to be impracticable, the Superintendent of Highways shall
be consulted to determine the manner of placing the pipe by the opencut
method. This request is to be made in writing to the Highway Superintendent
and may be granted by the Superintendent upon such conditions as he
deems necessary and proper under the circumstances.
(5)
The Superintendent of Highways may require that special
conditions be met as he deems necessary in conjunction with work performed
within the town right-of-way under this permit. Such special conditions
will be made known to the applicant on the permit or attachment thereto.
D.
Restoration of excavation; temporary patching. Upon
completion of the final backfilling, the trench will be brought to
within two inches of the road level and then paved with two inches
of asphaltic concrete and shall be maintained to the same grade as
any adjacent pavement.
E.
Procedure for final backfilling. Item four shoulder
stone or one-and-one-half-inch stone will be used and the trench will
be compacted in twelve-inch lifts either by vibratory soil compactors
or by suitable hydraulic compaction by water jetting at three-foot
intervals. (Excavated material is not to be utilized as backfill.)
F.
Final pavement replacing.
(1)
Asphalt. The temporary two-inch thickness of asphalt
shall be removed. The trench will be compacted to within five inches
of the road surface and the existing asphalt surface shall then be
cut back at least 12 inches on either side of the undisturbed subgrade
on a straight line. At the discretion of the Highway Superintendent,
the contact surfaces, the patched surfaces and/or adjacent pavement
edges shall be painted and sealed with approved bituminous and/or
bluestone material before or after placing the course of asphalt.
The asphalt shall be installed in two lifts at the discretion of the
Superintendent of Highways. The base lift shall be three inches of
a binder course (Type 3) Standard Specification of the State of New
York and a two-inch lift of (Type 7) Standard Specification of the
State of New York. This course shall be rolled with an eight- or ten-ton
roller, and surface variations in excess of one-fourth (1/4) inch
shall be eliminated or the pavement relaid.
(2)
Final pavement replacing must be completed within
30 days of temporary patching or within such additional time as may
be authorized by the Highway Superintendent, at his discretion, upon
application.
G.
Shoulder areas. If the trench work is in the earthen shoulder of the roadway, then proper compaction as outlined in Subsection E above will apply, with the addition of a covering of sod or grass seeding as specified by the Highway Department.
H.
Traffic control.
(1)
Maintenance and protection of traffic. Traffic is
to be maintained at all times during the progress of work. Adequate
signs, barricades and lights necessary to protect the public shall
be provided. Flagmen to direct traffic shall be employed continuously
during periods when only one-way traffic can be maintained or when
equipment is operated back and forth across the pavement area.
(2)
No construction materials or equipment shall be left
on the pavement after working hours, nor shall any construction equipment
or materials be placed in any manner or location that will obstruct
highway or railroad signs.
(3)
Barricades, whether in sidewalk or roadway area, shall
have prominently displayed, for police convenience, the address and
telephone number, of twenty-four-hour availability, of someone who
will reestablish the same in an emergency.
(4)
Access to adjacent properties shall be maintained.
I.
Notification. The applicant will be responsible to
notify the Highway Department 24 hours prior to street opening and
closing.
J.
Preconstruction meeting. The Superintendent of Highways
may, at his discretion, require a meeting with the applicant and other
involved parties before construction may begin.
Applicants shall notify the Superintendent of
Highways when work has been completed, after which an inspection will
be made by the Superintendent of Highways or his duly authorized agent,
and, upon approval of the work, a release will be granted to the applicant.
The Superintendent of Highways may require as part of the release
inspection that standard tests be performed by an independent testing
agency. The cost of such tests will be the responsibility of the applicant.
Until the granting of such release, the applicant shall remain liable
for proper guarding and protection of its trenches. Public utility
companies and/or municipal districts shall be responsible for maintenance
of their trenches.
A.
In the event that the applicant fails to repair or
replace such pavement, sidewalk, curb or gutter within the time provided
in the permit, the Superintendent of Highways will assess the damage
and report the same to the Town Board. The Town Board may thereafter
pay to the Superintendent of Highways, out of the moneys deposited,
a sufficient sum of money to repair or replace said street, highway
or sidewalk, pavement, curb or gutter or other improvements.[1]
[Amended 7-8-1991 by L.L.
No. 3-1991]
B.
If a condition exists that in the judgment of the
Superintendent of Highways threatens public safety, the Superintendent
of Highways shall do whatever is necessary to remedy the situation
and deduct the cost of labor and material from the bond submitted
by the contractor. In the alternative, the Superintendent of Highways
may enter into a contract with the applicant for the Highway Department
to complete the pavement, sidewalk, curb, gutter or other improvements
for a mutually agreed upon sum.
C.
The Superintendent of Highways may require such additional
improvements as he deems necessary and appropriate for the health
and safety of the public and to ensure proper construction procedures
on the town roads and rights-of-way.
A.
Any person, firm or corporation violating any provisions
of this article shall be guilty of an offense punishable by a fine
or imprisonment, or both; however, for the purpose of confirming jurisdiction
upon courts and judicial officers, such violation shall be deemed
a misdemeanor and, for such purposes only, all provisions of law relating
to misdemeanors shall apply to such violations. In lieu of the foregoing,
any person violating any provisions of this article shall be subject
to a penalty in the sum of not more than $500 for the first violation
and $1,000 for subsequent violations, such penalties to be recovered
in a civil action in the name of the Town of Haverstraw.
B.
The application of the above penalty shall not be
held to prevent the enforced removal of the prohibited conditions.
