[HISTORY: Adopted by the Board of Trustees
of the Village of Highland Falls 8-10-1971 by L.L. No. 5-1971 as
Ch. 50 of the 1971 Code. Amendments noted where applicable.]
Open excavations in the Village of Highland
Falls used for commercial or industrial purposes shall be enclosed
with a substantial fence with suitable gates.
Any other excavations in the Village of Highland
Falls where water might accumulate or where a danger to persons or
property exists shall not be allowed to remain open or in a dangerous
condition for a period of more than 30 days; provided, however, that
during any period of time where such condition exists, the excavation
shall be completely enclosed by a substantial fence not less than
five feet in height.
Any property owner, tenant or person having
control of property in the Village of Highland Falls upon which an
excavation exists shall comply with this article.
[Amended 4-1-1998 by L.L. No. 1-1998]
Any person violating any of the provisions of
this article shall be punished, upon conviction, by a maximum fine
of $250 or by a term of imprisonment of not more than 15 days, or
both. Each day that a violation of or failure to comply with any provision
of this enactment or any regulation promulgated hereunder by the Board
of Trustees occurs shall constitute a separate and distinct violation.
[Amended 3-7-2011 by L.L. No. 2-2011[1]]
It will be unlawful for any person or corporation
to excavate in any public street and/or sidewalk within the corporate
limits of the Village of Highland Falls, New York, without having
first obtained a permit therefor, issued by the Clerk-Treasurer of
the Village of Highland Falls, New York.
[Added 6-16-1987 by L.L. No. 7-1987;
amended 3-7-2011 by L.L. No. 2-2011]
Any person or corporation seeking to obtain a permit as herein provided shall file with the Village Clerk a written application setting forth the character, location and extent of excavation; a written certification that said person or corporation will properly safeguard the excavation site at all times; and proof of liability insurance as provided in § 85-8. Each application shall also be accompanied by the required fee as established by resolution of the Board of Trustees and, if so required by the Village, a letter of credit or other security acceptable to the Village Attorney in an amount sufficient to secure the cost to the Village of restoring the street and/or sidewalk to the same condition it was in prior to excavation. The Village Superintendent of Public Works shall approve all applications prior to issuance of a permit.
[Amended 3-7-2011 by L.L. No. 2-2011]
Within 15 days after issuance of said permit,
unless extension of time has been granted in writing by the Village
Clerk, the surface of the street and/or sidewalk must be restored
to the satisfaction of the Village in the same condition in which
it was found prior to the excavation. Such restoration must pass inspection
by the Superintendent of Public Works.
[Amended 4-1-1998 by L.L. No. 1-1998]
The applicant shall file with the Village Clerk
a contingent liability insurance policy, insuring said Village of
Highland Falls against legal liability for damages for injuries to
the public in the amounts of $1,000,000 maximum for each person and
$2,000,000 maximum for each accident and against legal liability for
property damage in the amount of not less than $10,000, and said policy
of insurance shall contain a clause stating that it shall remain in
full force and effect until the expiration thereof and that it shall
not be canceled or terminated for any cause except after 10 days'
written notice of such cancellation or termination has been duly served
upon said Village of Highland Falls; and no permit shall be issued,
or be valid if issued, until the above provisions are complied with.
A.
Any person violating any of the provisions of this
article shall be punished, upon conviction, by a maximum fine of $250
or by a term of imprisonment of not more than 15 days, or both. Each
day that a violation of or failure to comply with any provision of
this enactment or any regulation promulgated hereunder by the Board
of Trustees occurs shall constitute a separate and distinct violation.
[Amended 4-1-1998 by L.L. No. 1-1998]
B.
The imposition or payment of any fine upon conviction
hereunder shall be in addition to the liability of the offender to
pay for the restoration of the surface the actual cost of restoration
by the Village.
