This article is enacted to regulate the manner in which excavations may be made in or under the streets, highways, sidewalks and public places in the Village of Wappingers Falls to protect the health, safety and welfare of the public during periods of excavations and to ensure the quality and safety of Village thoroughfares. In this regard, the Village has enacted the following sections which are intended to replace §§
74-13 through 74-15 of the Code of the Village of Wappingers Falls. Upon passage of this article, §§
74-13 through 74-15 are repealed.
No person, firm, corporation or other legal entity, except officials
and employees of the Village of Wappingers Falls in the conduct of
their official duties or contractors employed by the Village of Wappingers
Falls, shall open or cause to be opened by cutting or excavating the
surface or soil of any Village street, highway, public place or sidewalk
without first obtaining a permit therefor issued by the Village Highway
Superintendent or their designee.
An application for an excavation permit for a Village street,
highway, public place or sidewalk shall be made to the Village Highway
Superintendent upon a form to be provided for that purpose. The application
shall require the name and address of the applicant and shall identify
the party on whose behalf the work is to be performed; the location
of the property; a description of the work, including the proposed
burying and installation process; the size and purpose of the excavation
to be made; description of traffic control plans; the dates when the
work is to be performed; the type of pavement of surface to be disturbed;
the materials to be used in replacement and a description of the restoration
process, together with detailed plans showing the location of the
work to be performed along with technical drawings showing the utility
to be buried; and such additional information as the Village Highway
Superintendent may require.
A permit as provided for in this article shall be required to
replace, change, alter, raise, lower or cut a curb, sidewalk or gutter
or to excavate a public place and shall be granted under the same
terms and conditions as are otherwise applicable to excavations hereunder,
provided that where such work is to be begun and completed within
one day, the Village Highway Superintendent may grant a permit without
requiring a bond or policy of insurance. Such exceptions shall not
apply to excavations more than six inches in depth below the surrounding
surface or where such excavation is made between the gutter and the
curbline in any major highway or where barricades will be required
by this article or by the Village Highway Superintendent to protect
the public.
In case of emergency, a temporary written permit may be granted
by the Village Highway Superintendent, who shall report the granting
and issuance of such temporary emergency permit and the reason for
granting the same to the Village Board at its next regular meeting.
An emergency, within the meaning of this article, shall include only
the location and repair of water or gas leaks or other dangerous and
wasteful conditions, but shall not include any condition of which
the time element alone shall be the grounds thereof. Any public service
corporation which has a bond filed, as herein required, may proceed
to excavate, locate and repair any leak or other dangerous condition
upon discovery without waiting for such emergency permit, but shall
apply for and receive such emergency permit before refilling such
excavation and in all other ways shall comply with the requirements
herein set forth.
No excavation permit shall be issued except upon the payment
of a fee to defray the administrative costs of this article. The permit
fee shall not be refundable for any reason. This permit application
fee is in addition to any other charge imposed hereunder. The permit
fee shall include up to three inspections of the work by the Village:
initial site visit, prepaving inspection and final inspection. If
additional site inspections are required by the Highway Superintendent,
a fee of $75 per inspection may be assessed and charged against the
permitee's performance bond, at the discretion of the Highway Superintendent.
Inspection fees shall be deducted from the security deposit prior
to permit close-out and return of security, if applicable.