[HISTORY: Adopted by the Board of Trustees of the Village
of Sagaponack as indicated in article histories. Amendments noted
where applicable.]
[Adopted 2-19-2013 by L.L. No. 1-2013]
The purpose of this article is to regulate excavations, construction
and certain other activities within Village streets and the shoulders
thereof.
As used in this article, the following words shall have the
meanings indicated:
Includes any introduction by any means of any improvement
of any kind within the boundaries of a street, whether above or below
ground.
Includes any public road, highway, avenue or way inclusive
of its entire width, including the paved portion, the sidewalk area
and the entirety of each shoulder.
[Amended 12-16-2013 by L.L. No. 10-2013; 4-20-2022 by L.L. No. 2-2022]
No person, firm or corporation, including public service and
utility companies and municipal districts, shall make any excavation
in any Village street or construct any sidewalk or curb or make any
curb cut along any such street or highway or locate or relocate a
driveway in the Village for any purpose without first obtaining a
permit therefor from the Village. Any such application shall be made
to the Village Clerk who shall refer the application to the Village
Engineer and Village Building Inspector. Prior to issuing any permit,
the Village Clerk shall review any report from the Village Engineer
and Village Building Inspector addressing best engineering practices,
pedestrian and vehicular safety, protection of adjacent property and
compliance with any applicable construction standards. No person shall
maintain or allow maintenance of more than one driveway to a residential
lot except upon first obtaining a permit therefor from the Board of
Trustees of the Village upon a demonstration that the second driveway
is exclusively a service driveway, the second driveway does not enable
a risk of traffic or pedestrian safety, the second driveway is separated
from any contiguous parcel by a distance of not less than 30 feet
and the second driveway is separated from any other driveway on the
applicant’s parcel and/or any contiguous parcel by a distance
of not less than 100 feet. Any fee for the services of the Village
Engineer incident to a review of a second driveway shall be paid by
the applicant as a condition of any issuance of a permit. Placement
of a driveway on a parcel separate from and different from the residential
parcel served by the driveway is prohibited. No part of this subsection
shall apply to a parcel in agricultural use.
A.
An application, in writing, along with a fee of $150, shall be filed
with the Village Clerk on forms which the Village may provide or in
such other manner as shall be prescribed, which application shall
state, among other things, the nature, location, extent and purpose
of the proposed excavation or construction and the estimated days
or parts thereof to complete the proposed excavation or construction.
Any excavation started prior to a permit being issued will be subject
to a fine of $250 and the permit fee of $150.
B.
An application to excavate or construct shall contain or shall be
accompanied by an agreement on the part of the applicant, in form
acceptable to the Board of Trustees of the Village, to replace the
street, highway or sidewalk, pavement, curb or gutter in proper condition,
and such application shall be accompanied by a surety bond in such
form and of such surety company as may be approved by the Board of
Trustees and in an amount determined by said Board of Trustees as
a guarantee to the Village of the performance of the aforementioned
agreement by the applicant. In lieu of such surety bond, the applicant
may deposit with the Village Clerk a sum of money which shall be deemed
by the Board of Trustees to be adequate to pay all of the expenses
to which the Village may be put to replace the street, highway or
sidewalk, pavement, curb or gutter, in proper condition, but in no
case less than $2,500. Upon completion of the work to the satisfaction
of the Village Engineer and in accordance with the applicant's agreement,
the aforementioned bond or money deposited thereof shall be returned
to the applicant. In the event of failure of the applicant or the
bonding company to replace or repair such street, highway or sidewalk,
pavement, curb or gutter within the time provided in the application,
the same shall be replaced or caused to be replaced by the Village
and the cost thereof paid out of the sum so deposited or charged against
the bond, as the case may be.
C.
Public service and utility companies and municipal districts may,
at their option, file with the Village Clerk a surety bond in form
acceptable to the Board of Trustees of the Village in the amount of
$20,000 to cover all applications for excavations made within the
term of the bond.
D.
The applicant shall provide to the Board of Trustees of the Village,
in addendum to any curb cut application, a stamped and sealed survey
identifying the location and extent of the proposed driveway, demonstrating
adequate line of sight along said driveway, as well as identifying
the location of any power lines, trees, and signs within the Village
street abutting the subject property.
E.
The Board of Trustees of the Village may, at its discretion, require
the applicant to schedule a preconstruction meeting with the Village
Engineer to coordinate or resolve any notification, design, construction,
demolition, excavation, traffic control, and/or other technical or
logistical issues relating to proposed work in the public street.
The applicant shall coordinate as necessary with the Village Engineer
and the Town of Southampton Police Department regarding traffic control.
Any person making any highway excavation, pursuant to a permit
granted hereunder, must give notice to all public service and utility
companies or municipal districts having lines, mains or other property
in the highway right-of-way and file a copy of said notification with
the Village Clerk before any work shall commence.
Any person making an excavation or doing any construction work
within the terms of this chapter shall erect and maintain suitable
barriers or guards around the excavation or construction site for
the protection of persons using the streets or sidewalks, shall set
and maintain during the hours of darkness sufficient lights or flares
to properly illumine the area and shall take all other necessary precautions
for the protection of the Village and the property of others. Barriers
or guards shall have displayed, for police convenience, the address
and telephone number of a responsible person available 24 hours to
reestablish the same in case of emergency.
Any person doing any construction covered by this chapter shall
provide a right-of-way for pedestrians and vehicular traffic so as
not to unduly impede the flow of such traffic.
[Amended 10-16-2017 by L.L. No. 11-2017]
Each applicant, upon the receipt of a permit for a street excavation,
shall provide the Village with an acceptable certificate of insurance
indicating that he is insured against claims for damages for personal
injury as well as against claims for property damage which may arise
from or out of the performance of the work. Such insurance shall cover
any and all possible hazards of whatsoever kind or nature, and shall
include protection against liability arising from completed operations.
The amount of the insurance shall be prescribed by the Board of Trustees
in accordance with the nature of the risk involved; provided, however,
that the liability insurance for bodily injury in effect shall not
be in an amount less than $1,000,000 for each person and $2,000,000
for each accident, and for property damages, an amount not less than
$500,000 with an aggregate of $2,000,000 for all accidents. Public
utilities and authorities may be permitted to file a certificate of
insurance annually. Any memorandum of insurance, certificate of insurance,
acord or other document evidencing coverage shall name the Village
of Sagaponack as an additional insured.
A.
Openings in concrete pavement or asphalt on concrete shall be 10
feet by 10 feet or to the nearest joint if within five feet. Mix shall
be of "High Early." Asphalt not on concrete base shall be a minimum
of four feet by four feet or at least 18 inches on either side of
undisturbed subgrade. Concrete shall be saw cut and asphalt shall
be cut with a cutter wheel or with such other equipment as approved
by the Village Engineer.
B.
A minimum depth of two inches of stone mix shall be placed as a temporary
surface in any pavement crossing, which in turn shall be placed upon
a well-stabilized base and shall be maintained to the same grade as
adjacent pavement.
C.
Sleeves shall be driven for all highway crossings, and no tunneling
will be allowed. The need for pavement openings shall be substantiated
by the permittee.
D.
All trench openings shall be fully compacted either by jetting or
power tampers. Jetting shall consist of at least four feet on center
of both sides of the trench and power tampering lifts shall not exceed
12 inches.
E.
Final courses.
(1)
Final surfacing shall consist of a base course of five inches of
stone screenings compacted with a five-ton roller or pneumatic type
of compactor.
(2)
Wearing courses shall consist of a total of four inches of Type 1A,
Item 51 asphalt, and edges of repair shall be painted with suitable
material to seal and join existing pavement.
F.
No trees shall be cut or trimmed, either above or below ground, without
the permission of the Village Engineer. The applicant or permittee
shall pay for any trees damaged without permission of or as directed
by the Village Engineer.
G.
Drainage along rights-of-way shall not be obstructed.
H.
Topsoil, fertilizer and grass seed shall be applied to all shoulder
areas disturbed by excavation or construction.
I.
All work shall be done to the satisfaction of the Village Engineer.
J.
Permits will not be issued during the months of December, January,
February or March except to a public utility, service company or a
municipal district where a case of emergency exists.
It shall not be lawful for any person or corporation to dig,
remove, carry away or cause the same to be done, any stone, earth
or gravel from any public street, highway, sidewalk or public place
in the Village without written permission from the Board of Trustees.
A.
It shall not be lawful for any person to post or hang or cause to
be posted, hung or exhibited in any manner any handbill, sign, notice
or placard or sign upon any post, telegraph, telephone or electric
light pole, tree or fence, bridge or wall of a building or other object
in any street or on any road or roadway right-of-way, any public place
or public property, whether in commercial or residential neighborhoods
within the Village. This prohibition shall include the placement or
maintenance of any sign or notice of any kind within the width of
any public street.
B.
Except for public utilities and law enforcement officials, it shall
not be lawful for any person to write or paint on or otherwise mark
or deface any street, sidewalk or other public place in the Village
and it shall not be lawful for any person to apply crayons, chalk,
paint or similar substance to any street, sidewalk or other public
place in the Village.
A.
It shall not be lawful for any person or corporation to encumber
or obstruct any street, highway or sidewalk of the Village so as to
hinder, impede or delay free travel along the same for a longer time
than five minutes during any hour without written permission from
the Board of Trustees, but nothing contained in this section shall
prohibit persons from placing goods, merchandise and household furniture
on the sidewalks for the purpose of loading or unloading same, provided
that it is done without unreasonable delay.
B.
Road obstructions, such as signs, shrubbery, hedges, trees, vegetation,
rock walls and fences, create highway hazards by interfering with
vision and proper sight distance on streets and highways, at corners
and intersections of streets and highways.
D.
Enforcement. This chapter shall be administered and enforced by the
Police Department serving the Village and Code Enforcement Officers,
including the Building Inspector of the Village, as set forth below:
(1)
Upon the determination of the Building Inspector that a violation
exists, he shall send a written notice specifying the violations and
requiring compliance within 10 days thereafter. Such notice shall
be served upon a person of suitable discretion in charge of the subject
premises and by mailing a copy thereof, addressed to the owner of
record of such land, if he is other than the person served at the
address shown on the last preceding assessment roll. If said land
is vacant and there is no one available to be served on said property,
then a certified mailing of such violation notice to the owner of
record shall be sufficient.
(2)
In the event that the notice specified in Subsection D(1) of this section is not complied with after a period of 10 days from date of service, then the Police Department or a Code Enforcement Officer or the Building Inspector may issue and serve an appearance ticket to the owner of record of such land and/or the person or company responsible for maintaining the obstruction.
[Amended 10-16-2017 by L.L. No. 10-2017]
(3)
In addition to any other penalty provided under the law for noncompliance,
the Board of Trustees may, in its discretion, authorize the removal
of the visual obstruction.
(4)
The expenses incurred by the Village pursuant to this section shall
be paid by the owner or occupant of the premises or by the person
who caused or maintained such obstruction. The Village Board of Trustees
may institute a suit to recover such expenses against any person liable
for such expenses or may cause such expenses to be charged against
the property as a lien.
A.
No person or corporation shall erect or cause to be erected in or
upon any street, lane, alley or public place or private lot, any pole,
post or bracket or any similar structure for the purpose of stringing
or placing thereon telephone, telegraph or electric light wires or
string any such wires in, over or upon any streets or public places
or private lots within said Village without the approval of the Board
of Trustees.
B.
The Board of Trustees may, in granting permission for the erection
of poles, posts or brackets or any similar structures, specify the
type of construction and location thereof which shall be deemed appropriate
to the area within which the erection is proposed and best suited
to secure public safety and welfare.
C.
Any person or corporation violating any of the provisions of this
section shall be liable for the cost of removing the cause of said
violation.
All curbing and gutters hereinafter constructed in the Village
shall be of monolithic construction and shall conform to the following
dimensions:
Any person, firm or corporation violating any of the provisions
of this chapter shall, upon conviction thereof, be subject to a fine
not exceeding the sum of $250 for any offense, and each day that a
violation continues shall be deemed to constitute a separate offense.
