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Village of Millerton, NY
Dutchess County
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[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.
A. 
All sidewalks shall be constructed of concrete or asphalt and pursuant to the street standards of the Village of Millerton.
B. 
All curbs shall be of concrete or asphalt and shall be constructed pursuant to the street standards of the Village of Millerton.
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.