[Adopted 4-12-1972 as L.L. No. 2-1972]
[Amended 8-13-1986 by L.L. No. 6-1986[1]]
As used in this article, the following terms
shall have the meanings indicated:
Any person, as defined herein, who makes application for
a permit.
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 person in charge of the Department of Highways in the
Town or his authorized representative.
The Town of Tuxedo, County of Orange, State of New York.
[Added 12-9-1992 by L.L. No. 6-1992]
All street construction, including width and
development of right-of-way and paved roadways, shall be constructed
in accordance with Town of Tuxedo Street Specifications adopted by
the Town Board on October 14, 1992. A copy of the same is on file
with the Town Clerk of the Town of Tuxedo.
[1]
Editor's Note: Former § 83-2, Issuance
of permit, was repealed 8-13-1986 by L.L. No. 6-1986.
[Added 8-13-1986 by L.L. No. 6-1986]
A.
Permit required for openings. No person shall make
any excavation or otherwise open any Town street without first obtaining
a permit from the Superintendent of Highways 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
Superintendent is open for business, and said permit shall be retroactive
to the date when the work was begun.
B.
Applications for permits for street openings.
(1)
An application shall be filed in triplicate with the
Superintendent of Highways 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 Tuxedo
and received by the Town Clerk. The Superintendent of Highways shall
file a copy of the application with the Town Clerk and Town Engineer,
together with a written report of action taken by the Superintendent
of Highways.
(2)
All applicants shall furnish a cash bond in the amount
of $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.
Permit fee for street openings, excavations and pavement
cuts. A nonrefundable permit fee in the amount as provided in the
Standard Schedule of Fees of the Town of Tuxedo shall accompany each
application submitted in accordance with this article. The fee will
be filed with the Town Clerk, who will provide a receipt for the approved
permit.
[Amended 2-13-2006 by L.L. No. 1-2006]
[Added 8-13-1986 by L.L. No. 6-1986]
A.
Permit required for curb cuts for new streets and
driveways. No person shall construct any new street or driveway in
the Town of Tuxedo which opens into a public or private street, whether
the new street is to be dedicated to the Town or not, without first
obtaining a permit from the Superintendent of Highways, as provided
herein.
B.
Applications for permits.
(1)
An application shall be filed in triplicate with the
Superintendent of Highways and shall be accompanied by a plan showing
in detail the location of the proposed street or driveway, pavement
grades, its location in relation to all intersecting public or private
streets within 1,000 feet, pavement construction details, a construction
schedule, the name of the owners for whom the work is to be done the
name of the contractor who is to perform the work and any other information
as the Superintendent of Highways may require. The Superintendent
of Highways shall file a copy of the application with the Town Clerk
and Town Engineer, together with a written report of action taken
by the Superintendent of Highways.
(2)
Except for individual single-family houses, no application may be filed without first obtaining preliminary plat approval or site plan approval from the Town of Tuxedo Planning Board for the development to which the new road or driveway will provide access. The applicant for a permit shall also comply with all applicable provisions of Chapter 85 (Subdivision Regulations) and Chapter 98 (Zoning) of the Tuxedo Town Code.
(3)
All applicants shall deposit a cash bond with the
Town Clerk in the amount of $500.
C.
Permit fee for new streets. A nonrefundable fee in
the amount as provided in the Standard Schedule of Fees of the Town
of Tuxedo shall accompany each application for construction of a new
street or driveway submitted in accordance with this article.
[Amended 2-13-2006 by L.L. No. 1-2006]
[Added 8-13-1986 by L.L. No. 6-1986]
For every street opening or curb cut for a driveway
and new street construction, 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.
[Added 8-13-1986 by L.L. No. 6-1986]
In the interest of efficiency and the proper
maintenance and construction of streets and other facilities, the
Town Superintendent of Highways is authorized to regulate the scheduling
of all work conducted in accordance with this article 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.
[Added 8-13-1986 by L.L. No. 6-1986]
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.
[Added 8-13-1986 by L.L. No. 6-1986]
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 shall, prior
to the expiration of the permit, present in writing to the Superintendent
a request for an extension of time, setting forth the reasons for
the requested extension. If, in the opinion of the Superintendent,
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 Superintendent of Highways.
[Added 8-13-1986 by L.L. No. 6-1986]
The provisions of this article 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.
[Added 8-13-1986 by L.L. No. 6-1986]
A.
Any permit may be revoked by the Superintendent, after
notice to the permittee, for:
(1)
Violation of any condition of the permit or of any
provisions 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 properties
of other.
B.
A permittee may be granted a period of three days
from the date of the notice to correct the violation.
C.
Written notice of any such violation shall be served
upon the permittee or his agent engaged in the work. Notice may be
given either by personal delivery or by certified mail.
D.
When any permit has been revoked and the work authorized
by the permit has not been completed, the Superintendent 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.
[Added 8-13-1986 by L.L. No. 6-1986]
Any person making an excavation or constructing
a new street or driveway covered by this article 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 flares to properly illuminate the area. The permittee
shall also take all necessary precautions for 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 Superintendent of Highways 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 Superintendent of Highways reserve 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 Superintendent of Highways 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.
[Added 8-13-1986 by L.L. No. 6-1986]
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 is covered by public liability insurance in the limits of
not less than three million/one million dollars ($3,000,000/$1,000,000)
bodily injury and $500,000 property damage, which policy shall name
the Town of Tuxedo, 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 article shall constitute such
an agreement by the applicant, whether the same is expressed or not.
[Added 8-13-1986 by L.L. No. 6-1986]
The permittee shall notify the Superintendent
of Highways when the 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 permittee. Until the granting of such a release, the permittee
shall remain liable for proper guarding and protection as provided
herein.
[Added 8-13-1986 by L.L. No. 6-1986]
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
Superintendent shall inspect the completed work. If the work has been
completed in accordance with this article, the Town shall then refund
to the permittee his deposit, less any and all cost incurred by the
Town in connection with said permit.
[Added 8-13-1986 by L.L. No. 6-1986]
A.
In the event that the street is not restored to its
original condition or the work has not been completed pursuant to
the terms and conditions of the permit within 10 days after notice
from the Town Superintendent of Highways that the work has not been
satisfactorily performed or the street is not in acceptable condition,
the aforesaid deposit placed with the Town Superintendent of Highways
shall be forfeited to the Town.
B.
The Town Board may thereafter order the Town Superintendent
of Highways to collect, out of the moneys 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.
[Amended 10-10-1979 by L.L. No. 7-1979]
Any person who shall commit an offense against
any provision of this article, or who shall fail to comply with any
condition imposed upon any permit granted shall, upon conviction,
be guilty of a violation pursuant to the Penal Law of the State of
New York, punishable by a fine not exceeding $250 or by imprisonment
for not exceeding 15 days, or by both such fine and imprisonment.
The continuation of an offense shall constitute, for each day the
offense is continued, a separate and distinct violation.
