[Adopted 10-11-1978 as Ch. 52 of the 1978 Code]
No person, firm or corporation, including public-service
companies and municipalities other than the Village of Millerton,
shall make any excavation in any street or highway in the Village
of Millerton for any purpose without first obtaining a permit therefor
from the Foreman of the Highway Department or the person performing
the duties of said office (hereinafter termed the "Foreman"), as hereinafter
provided.
A.
Applications for permits shall be filed, in writing,
with the Foreman upon application blanks which he shall provide or
in such other manner as he shall from time to time prescribe. Applications
shall state the nature, location, extent and purpose of the proposed
excavation.
B.
Applications by public-service companies must be accompanied
by a general undertaking in such form as may be approved by the Foreman.
Said general undertaking is tendered to assure that after completing
the excavation said applicant shall leave the street, highway, sidewalk,
pavement, curb or gutter in the same condition as it was prior to
the excavation.
C.
Applications by persons, firms or corporations other
than public-service companies for excavations in the street or highway
must be accompanied by a minimum certified check, bond or cash deposit
with the Village Clerk to assure that after completing the excavation
said applicant shall leave the street, highway, pavement and curb
or gutter in the same condition as it was prior to the excavation.
In the event that the applicant fails to repair or replace such pavement,
curb or gutter within the time provided in the permit, the deposit
shall be forfeited to the extent necessary to repair such surface
as left undone by the applicant. The deposit shall be set by the Village
Board. A schedule of fees is on file and available at the Village
Hall.
[Amended 2-23-1998 by L.L. No. 1-1998]
[Amended 2-23-1998 by L.L. No. 1-1998]
Each applicant must pay a permit fee to the
Village Clerk for each excavation, except those for utility poles.
The permit fee shall be set by the Village Board. A schedule of fees
is on file and available at the Village Hall.
A.
The applicant shall file with the Foreman a general
liability insurance policy or certificate of insurance naming the
Village of Millerton as an additional insured at the same time he
files his application for the permit. The Foreman shall approve the
policy as to form.
B.
The policy shall insure the Village of Millerton and
the applicant and shall cover all operations relative to the excavation
and reconstruction thereof. Said policy shall have limits of liability
of $500,000 for bodily injury to each person and aggregate liability
of $1,000,000 for each accident, and property damage liability of
$100,000 for each accident and aggregate property damage liability
of $300,000.
[Amended 2-23-1998 by L.L. No. 1-1998]
C.
In lieu of the aforesaid liability insurance, public-service
companies may submit a general undertaking in such form as shall be
approved by the Board of Trustees.
The Foreman may require any person making a
highway excavation pursuant to a 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
when such notice shall have been required, no work shall be commenced
or done under such permit until such required notice has been fully
complied with to the satisfaction of the Foreman.
Any person making an excavation covered by this
chapter shall erect suitable barriers or guards for the protection
of persons using the streets or sidewalks and, in addition thereto,
shall set up and maintain during the hours of darkness sufficient
lights or flares to properly illuminate the area. He shall also take
all necessary precautions for the protection of the property of the
village, of public-service companies or municipal districts and of
others which may be endangered by such excavation or the work incident
thereto and shall comply with all directions given by the Foreman
with respect to such barriers, lights, flares and protective measures.
A.
Work under the permit shall be completed within 30
days from the date of the issuance of the permit and continued in
an expeditious manner unless extension of this period is approved
by the Foreman.
B.
Construction.
(1)
When work is being performed on any village street,
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. When working on any village street or road, contractors
must complete final backfilling of any trench within 18 days from
the time of its opening.
(2)
All pipes or mains crossing highway pavement shall,
whenever possible, be driven beneath the roadway without disturbance
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 future disturbance
of the roadway pavement.
(3)
In the event that a trench is opened, the trench will
be compacted to within four inches of the road surface after completion
of the necessary work and construction. The existing asphalt surface
shall then be cut back at least 12 inches on either side of the undisturbed
subgrade.
(4)
At the discretion of the Foreman, the contact surfaces,
the packed 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, which shall be four inches
of New York State Specification 1-A hot plant mix. This course shall
be rolled with an eight-to-ten-ton roller, and surface variations
in excess of 1/4 of an inch shall be eliminated or the pavement relaid.
(5)
If the trenchwork is in the earthen shoulder of the
roadway, the proper compaction as outlined above shall apply, with
the addition of a covering of sod or grass seeding as specified by
the Foreman.
C.
Traffic control. 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. No construction equipment
or materials shall be left on the pavement after working hours, nor
shall any construction equipment or materials be placed in any way,
manner or location that will obstruct the highway or railroad warning
signs. Barricades, whether in sidewalk or roadway areas, shall have
prominently displayed for police convenience the address and telephone
number of someone available 24 hours a day who shall reestablish the
same in an emergency. Access to adjacent property shall be maintained.
D.
Notification. The applicant will be responsible for
notifying the Foreman 24 hours prior to street opening and street
closing.
No person shall construct or cause or permit
to be constructed a curb or sidewalk unless the same shall be constructed
in accordance with the grade which shall have been obtained from the
Foreman.
Every person who constructs a sidewalk or curb
shall guard any excavation or work by guardrails, red signal lights
or any other means as may be necessary to warn pedestrians and others
of the danger to be approached.
A.
Every owner or occupant of property shall keep the
existing sidewalks and fire hydrants adjoining his premises free of
snow, ice, dirt, filth, weeds and other obstructions.
[Amended 2-23-1998 by L.L. No. 1-1998]
B.
Violations.
(1)
Any owner or occupant of premises who has been notified by the Village Clerk or Foreman that the contiguous sidewalks are in violation of Subsection A hereof, except with regard to snow and ice, and who shall fail to correct the condition within 30 days of the sending of such notice to his last known address by mail shall be in violation of this section. In addition to the penalties otherwise enforceable for general violation of this chapter, the village may thereafter correct the prohibited condition and assess the cost thereof against the owner of the adjacent property. Such cost, if not paid, shall be assessable against the property as a tax thereon.
(2)
In the case of snow and ice, no such thirty-day notice
is required, and if, within 24 hours after the cessation of every
fall of snow or the formation of any ice, the owner or occupant of
any premises shall fail to clear such sidewalk of snow and ice, he
shall be in violation of this section. In addition, the village may
clear such sidewalks of snow and ice if they are not cleared by the
owner or occupant within said 24 hours and assess the cost thereof
against the owner of the adjacent property. Such cost, if not paid,
shall be assessable against the property as a tax thereon.
No person shall install, construct, place or
maintain or permit to be installed, constructed, placed or maintained,
in the area between curb and property line of premises adjoining any
street, parking field or parking field walk owned or occupied by him,
any structure, masonry, stone, sprinkler pipes, sprinkler heads, garbage
receptacles or any similar devices or fixtures.
No person shall ride, drive, operate or park
any motor-driven vehicle, including snowmobiles and minibikes, along
or upon any public sidewalk or path intended for use by pedestrians
within the Village of Millerton.
A.
Any person committing an offense against any provision
of this chapter 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 imprisonment 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.
B.
In addition to the above-provided penalty, the Board
of Trustees may also maintain an action or proceeding in the name
of the village in a court of competent jurisdiction to compel compliance
with or to restrain by injunction the violation of this chapter.
