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.
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.
[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:
A. A fee in an amount established by separate resolution of the Town
Board to cover the cost of issuing the permit and the supervision
and inspection of the operation done in connection therewith.
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.
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.
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.