[Adopted 7-22-1971 by L.L. No. 1-1971]
This article shall be known and may be cited as the "Town of
Schroeppel Local Law No. 1 of 1971," said local law pertaining to
the regulation of the use of streets and highways in the Town of Schroeppel.
All permits issued pursuant to this article shall be known and
designated as "street ordinance permits."
No opening or excavation by cutting, digging or otherwise, subsequently herein referred to as an "operation," shall be made, commenced or carried on, in or under any street, highway, sidewalk, sidewalk area or public place in the Town of Schroeppel for any purpose whatsoever, except as hereinafter provided in §§ 79-13 through 79-15 of this article, until a written permit therefor has been duly issued as herein provided and in accordance with the procedures set forth in § 79-8 hereof and in compliance with §§ 79-9 and 79-10 hereof.
The provisions of this article shall be applicable to any and
all operations being worked at the time this article shall become
effective. No operation shall be extended in area after the effective
date of this article without first securing a permit therefor in accordance
with the provisions of this article.
A.
Public utility companies making 12 applications or more per year
may, in lieu of the deposit hereinafter mentioned, deposit with the
Town Board its bond or a surety company bond approved as to form,
manner of execution and sufficiency by the Town Board of the Town
of Schroeppel, which bond shall be retained as security for the faithful
performance by the applicant of all the terms, agreements, covenants
and conditions of the permit on the applicants part to be done or
performed. Said bond shall be in an amount to be determined by the
Superintendent of Highways, but in no case shall the face amount of
the bond be less than $5,000.
B.
Any city, village, Town, public improvement district or other municipality
may, in lieu of making the cash deposit hereinafter mentioned, file
with the Superintendent of Highways a certified copy of a resolution
duly adopted by the governing board of such municipality or district,
which said resolution shall guarantee faithful performance by said
municipality or district of all the terms, agreements, covenants and
conditions as set forth in the permit. Said resolution shall be effective
for the remainder of the calendar year in which it is adopted.
If it becomes necessary in case of an emergency or any unforeseen
happening to enter upon a Town road for the purpose of making emergency
repairs to any sewer, water pipe, conduit or other underground or
overhead structure, any person, firm, corporation, public utility
or municipal subdivision may do so forthwith, provided that within
24 hours of the time of making such opening (Sundays or holidays not
included), proper application for a permit is made therefor.
In any residence district, no operation authorized under this
article shall be permitted on Sundays or legal holidays nor before
8:00 a.m. or after 5:00 p.m. on other days. In any business or industrial
district, no operation authorized under this article shall be conducted
on Sunday, except where otherwise permitted by law. The Superintendent
of Highways, in his discretion, may vary or modify the application
of this provision as occasion and/or necessity may demand.
A.
Application for a permit under this article shall be made to the
Superintendent of Highways in writing, in duplicate, for each such
operation, and shall contain the following information:
(1)
Full name and address of applicant.
(2)
Full name and address of owner or owners of property in front of
which the operation is to be performed.
(3)
The location by street address, if any, of the property in front
of which the operation is to be performed, and the Tax Map designation
of the same.
(4)
Statement of the proposed operation, the size thereof and purpose
thereof.
(5)
The date or dates when the proposed operation is to be commenced,
and the date or dates when the operation is to be completed.
(6)
The type of pavement or surface to be disturbed.
(7)
A sketch of the proposed operation.
(8)
The estimated maximum quantity to be excavated and/or removed and
the estimated part thereof that will be used for regrading or filling.
(9)
The rehabilitation proposed.
(10)
The estimated cost of the entire proposed operation.
(11)
The location, if any, of any tiles or drainage system or water mains
or other public utility conduits, etc., which may be within the area
of the proposed operation.
(12)
Any additional information which may be reasonably required by the
Superintendent of Highways.
(13)
A signed statement by the applicant that the said applicant agrees
to perform the proposed operation for which the permit may be granted
in full and strict compliance and in accordance with the conditions
of the permit, if issued, and any and all provisions of the Town Law
and other applicable statutes, ordinances of the Town of Schroeppel
and the rules and regulations of the Highway Department of the Town
of Schroeppel.
B.
Upon receipt of the application as provided for in Subsection A hereof, the Superintendent of Highways shall act thereon by issuing or refusing to issue a permit. No permit shall be issued by him except where there is compliance with the provisions of this article and all other laws and ordinances and the rules and regulations of the Highway Department of the Town of Schroeppel. Such a permit, when issued, shall be effective for such period of time, not to exceed 30 consecutive calendar days, as shall be specified thereon by the Superintendent of Highways. Such specified period of time may be extended for the completion of the operation, if so requested in writing by the permittee prior to the expiration date thereof, for such additional period or periods of time as may be authorized by the said Superintendent of Highways.
[Amended 3-4-2004 by L.L. No. 2-2004]
No permit for an operation shall be issued by the Superintendent
of Highways until the applicant therefor shall have first paid to
the Superintendent of Highways, in cash or by check payable to the
order of the Town of Schroeppel:
B.
A deposit in an amount to be determined by the Superintendent of
Highways, computed according to the schedule adopted therefor by the
Town Board by separate resolution.
(1)
Said deposit shall be retained by the Town for the duration of the
period of maintenance. The period of maintenance shall be considered
as a period of six months after the date of final completion, as determined
by the Superintendent of Highways, of the operation to be done pursuant
to the terms of the permit; except, however, that in the event the
termination of said six months' period shall fall within the months
of December, January, February, March or April, then and in that event
the period of maintenance shall be considered as extending to the
first day of May next ensuing; and the permittee shall be responsible
for the entire operation and shall keep every portion of the same
in good order and repair during the entire period of maintenance.
(2)
Upon the failure or default by the permittee of or in any of the
terms, agreements, covenants and conditions of the permit on the permittee's
part to be done, to be performed or to be completed, said deposit
may be used by the Town for any expense incurred by the Town by reason
of such failure or default on the part of the permittee, and any balance
left after the expense caused by such failure or default, as determined
and certified by the Superintendent of Highways, has been paid and
deducted from the amount of the deposit, shall be refunded to the
permittee.
A.
Amount. No permit for an operation under this article shall be issued
by the Superintendent of Highways until the applicant therefor shall
have first placed on file with the said Superintendent of Highways,
without cost to the Town, satisfactory evidence of public liability
insurance as specified by the Town Board in a separate resolution
and satisfactory evidence that said insurance has been approved as
to form, correctness and adequacy by the Town Attorney of the Town,
to insure the Town against any loss, injury or damage arising out
of the granting of the permit or from any negligence of the applicant,
his servants, agents or employees in connection with the operation
or with any and all work related thereto.
[Amended 3-4-2004 by L.L. No. 2-2004]
B.
Duration. Such insurance hereinabove referred to shall remain in
force throughout the effective period of the permit and/or any authorized
extension or extensions thereof and shall carry an endorsement to
the effect that the insurance company will give at least 10 days'
prior written notice to the Town of Schroeppel of any modification
or cancellation of any such insurance and shall contain a clause to
the effect that termination of said insurance shall be without prejudice
to the right of the Town of Schroeppel to make a claim or claims thereafter
for any loss or damage sustained as a result of any act or acts committed
or omitted during the term of said insurance.
No work shall be commenced in connection with an operation for
which a permit has been granted under the provisions of this article
until the permittee shall have given written notice of the issuance
of such a permit at least 24 hours prior to the commencement of such
work to the owner or lessee of any pipes, conduits or other structures
lying upon, over or under the surface of the area wherein the operation
is to be performed pursuant to the permit issued hereunder, or to
the person, firm or corporation having the custody, control, care
or maintenance of said pipes, conduits or other structures, and said
permittee shall file with the Superintendent of Highways proof of
the service of said written notice herein referred to. The permittee
shall at all times during the performance of the work on said operation,
at his own expense, preserve, support maintain in operation and protect
and safeguard from injury or damage such pipes, conduits or other
structures and, in case of injury or damage, shall restore the same,
at his own cost and expense, to the same condition as they were prior
to the commencement of the work on the said operation. In the event
of the failure of the permittee to comply with the provisions of this
section, such injuries and damages may be corrected and repaired by
the owner thereof, his agents or employees, and the cost thereof and
all damages sustained shall be paid by the permittee.
Unless otherwise authorized by the Superintendent of Highways,
traffic shall be maintained at all times during the progress of the
operation being performed under the permit, and the permittee shall
have due regard for the safety of all traffic and the public and shall:
A.
Erect and maintain suitable barricades, fences and/or guardrails
around the area of operation during the work on said operation and
arrange the same in such manner as to cause a minimum of inconvenience,
hazard and delay to any and all traffic.
B.
Suitably place, install and maintain adequate warning flags or signs
and lighted red lamps or flares.
C.
Provide a watchman, if deemed necessary by the Superintendent of
Highways and if so ordered by the Superintendent of Highways, in accordance
with his directions and instructions.
D.
Designate and furnish competent persons to direct and expedite traffic,
by means of lights or flags, when necessary, to minimize inconvenience,
hazard and delay to any and all traffic.
E.
Arrange and conduct the work in connection with said operation so
as to make possible the removal completely of any obstructions to
any and all traffic on Saturdays, Sundays and holidays if so required
by the Superintendent of Highways.
F.
Comply with any and all other safety precautions as the Superintendent
of Highways may direct.
[Amended 11-4-1976]
No driveway entrances and exits and no alteration, change, relocation
or reconstruction of existing driveway entrances and exits, subsequently
herein referred to as an "operation," shall be constructed by owners
and occupants of property abutting on Town highways for any purpose
whatsoever. Such operation will be carried out by the Town Highway
Department after an application for such operation shall have been
made by such owners and occupants as hereinafter provided and after
such application has been approved.
A.
Application for approval of an operation under §§ 79-13 through 79-15 shall be made to the Superintendent of Highways in writing, in duplicate, for each such operation, and shall contain the following information:
[Amended 11-4-1976]
(1)
Full name and address of applicant.
(2)
Full name and address of owner or owners of property in front of
which the operation is to be performed.
(3)
Full name and address of the owner or owners of the property for
whom the operation is to be performed.
(4)
The location by street address, if any, of the property in front
of which the operation is to be performed, and the Tax Map designation
of the same.
(5)
Statement of the proposed operation, the size thereof and purpose
thereof.
(6)
The date or dates when the proposed operation is desired to be commenced
and the date or dates when the operation is desired to be completed.
[Amended 11-4-1976]
(7)
A sketch of the proposed operation, including a profile from the
crown of the road to the property line.
(8)
The location, if any, of any tiles or drainage system, water mains
or other public utility conduits, etc., which may be within the area
of the proposed operation.
(9)
Any additional information which may be reasonably required by the
Superintendent of Highways.
(10)
A signed statement by the applicant that the applicant agrees
that the Town is released from any and all claims by the applicant
associated with said operation and the thereafter completed construction,
and, particularly without diminishing the foregoing, that there is
no warranty of any type provided by the Town with respect to the operation,
and that applicant waives any warranty that may arise by operation
of law or otherwise, and, further, that said applicant agrees to hold
harmless and indemnify the Town from any and all claims made by others
as a result of said operation and the thereafter completed construction.
[Amended 11-4-1976]
(11)
The proposed location of the entry of said driveway onto the
Town highway.
B.
Upon receipt of the application as provided for in Subsection A hereof, the Superintendent of Highways shall act thereon by issuing or refusing to issue approval of the requested operation. No approval shall be issued by him except where there is compliance with the provisions of §§ 79-13 through 79-15 and all other laws and ordinances and the rules and regulations of the Highway Department of the Town of Schroeppel. Such approval, when issued, will result in the Town Highway Departments commencing work within a reasonable time thereafter, with due consideration for weather, availability of materials and labor, the schedule and needs of other types of work performed by the Town Highway Department and any other factors beyond the control of the Town Highway Department. Commencement and completion of said operation will be at the sole discretion of the Superintendent of Highways, with due consideration of the above factors and others, and shall be in accordance with the specifications of the Town Highway Superintendent that he, in his sole discretion, should feel are necessary for the area and conditions there present.
[Amended 11-4-1976]
C.
The approval, when given, shall only require construction of the
operation by the Town from the highway surface to the edge of the
Town highway right-of-way; any construction beyond that point will
be the sole responsibility of applicant and will be carried out pursuant
to the requirement directives of the Town Superintendent of Highways
if he feels that directives are necessary to make such extension on
private property compatible with the operation work performed by the
Town on the Town right-of-way.
[Amended 11-4-1976]
D.
When the Superintendent of Highways is satisfied that the operation
has been properly completed, he shall notify the Town Building and
Zoning Inspector. There shall be no use of such driveway for any purpose
until such notification has been issued. No certificate of occupancy
shall be issued by the Building Inspector of the Town of Schroeppel
where a driveway operation has been involved until such notification
by the Town Highway Superintendent has been issued.
[Amended 11-4-1976]
[Amended 11-4-1976]
A.
No approval for an operation under §§ 79-13 through 79-15 shall be issued by the Superintendent of Highways until the applicant therefor shall have first paid to the Superintendent of Highways, in cash or by check payable to the order of the Town of Schroeppel, a nonrefundable fee in an amount as established by the Town Board by separate resolution to cover the cost of reviewing the application, inspection of the work site and issuing approval of the application or rejection of same.[1]
[Amended 3-4-2004 by L.L. No. 2-2004]
[1]
Editor's Note: The current fee schedule is on file in the
Town Clerk's office.
B.
There shall be no commencement of an operation by the Town Highway Department under §§ 79-13 through 79-15 until the applicant shall pay a fee for same as follows:
(1)
If approval of the proposed operation is given, the Town Highway
Superintendent will render an estimate of the cost of the operation.
Such estimate will be in the minimum amount of $100, which would include
a twelve-inch diameter by twenty-foot-length pipe, if a pipe is necessary,
and run-of-bank fill to cover the pipe. The Town will not be responsible
for finishing said driveway surface beyond the addition of run-of-bank
fill to grade. The estimate given by the Town Highway Superintendent
may be greater than the minimum, with due consideration for the necessity
of larger pipe sizes, necessity of fill in addition to that needed
to cover the pipe to bring the driveway to highway grade and site
conditions, including but not limited to bank cutting, excavation,
special ditching, etc.
(2)
After said estimate is given, the applicant shall deposit the entire
amount of same with the Town Highway Superintendent before construction
of the operation shall begin. Failure to do so within 30 days of notification
of approval of the application and rendering of the estimate will
constitute denial of the application.
(3)
If during work on the operation the Town Highway Superintendent occasions
reasonably unforeseeable difficulties which would increase construction
costs, he shall readjust his estimate and promptly notify the applicant,
whereupon the applicant must accordingly increase his deposit with
the Town Highway Superintendent before work shall continue, Failure
of applicant to do so within three days of notice shall constitute
abandonment of the operation and construction shall cease, and the
deposit will be turned over by the Town Highway Superintendent to
the Town Board.
(4)
Upon completion of the operation as indicated by the Town Highway
Superintendent, the deposited funds will be turned over by him to
the Town Board.
The deposit of any dirt, filth, waste, snow or rubbish in any
street, highway, sidewalk, sidewalk area or public place, or the encumbering
thereof by any encroachment or building, structure, excavation or
otherwise, or any act which in any manner damages or injures a Town
highway or interferes with or obstructs in any manner the drainage
and other uses of the highway for municipal purposes and for use by
the public and traffic thereon, is hereby prohibited.
[Added 7-18-2002 by L.L. No. 1-2002]
A.
Stormwater and all other unpolluted drainage shall be discharged
to such sewers as are specifically designated as combined sewers or
storm sewers, or to a natural outlet approved by the Inspector. Industrial
cooling water or unpolluted process waters may be discharged, on approval
of the Inspector, to a storm sewer, combined sewer, or natural outlet.
Discharge of stormwater and all other unpolluted drainage into any
public street is strictly prohibited.
B.
No person shall obstruct, interfere with or divert the natural flow
of any stormwater, surface water, groundwater, roof runoff, outside
footing drains, subsurface drainage or other unpolluted waters, or
the flow of any such waters into and by means of drainage facilities
created by the Town or created by others with Town approval.
A.
Notwithstanding any other provisions of this article, any person
who violates or causes or participates in any violation of the provisions
of this article shall, upon conviction thereof, be guilty of a violation
and be subject to a fine not exceeding $250 or to imprisonment for
not more than 15 days, or to both such fine and imprisonment.
B.
Whenever any person shall have been notified in writing by the Superintendent
of Highways that he is violating the provisions of this article or
of any permit or extension thereof issued hereunder, or is served
with a summons or warrant accusing him thereof, each day that he shall
continue such violation after such notification or service shall constitute
a separate offense, punishable by a like fine or penalty.
C.
Notwithstanding the penalties herein provided, the Town Board may
maintain an action or proceeding in the name of the Town in a court
of competent jurisdiction to compel compliance with or to restrain
by injunction the violation of any provision of this article.
D.
The foregoing provisions for the enforcement of the regulations in
this article are not exclusive but are in addition to any and all
other laws applicable thereto.
