[HISTORY: Adopted by the Board of Trustees of the Village
of Chestnut Ridge as indicated in article histories. Amendments noted
where applicable.]
[Adopted by L.L. No. 6-1987]
The Board of Trustees of the Village of Chestnut Ridge finds
that it is in the interests of the public health, comfort, safety,
convenience and welfare of the residents of the Village that sidewalks
be kept clean and free from snow and ice and other obstructions.
All persons shall keep the sidewalks in front of the premises
owned or occupied by them clean and free from snow and ice. Said persons
shall remove all snow and ice from the sidewalks in front of the premises
owned or occupied by them within eight daylight hours after the termination
of a snowfall.
All persons shall keep the sidewalks in front of the premises
owned or occupied by them free of all defects and obstructions. Said
owner or occupant shall repair all defects and remove all obstructions
from the sidewalks in front of said premises immediately.
In all cases where the owner or occupant of property fails,
neglects or refuses to comply with the provisions of this article,
the Mayor shall have authority to cause such snow and ice to be removed
or sidewalk repairs to be made or obstructions to be removed, and
the Deputy Mayor shall certify the cost of such removal or repair
to the Board of Trustees, and said costs of removal or repair shall
become a lien on such lands and shall be added to and become a part
of the taxes next to be assessed and levied upon such lands, the same
to bear interest at the same rate as taxes and to be collected and
enforced in the same manner.
A.
Any person who shall fail, neglect or refuse to comply with the provisions
of this article shall be guilty of a violation of this article. In
addition to any other remedy herein provided, each and every violation
of this article shall be punishable by a fine not to exceed $500 or
a sentence of imprisonment not to exceed 15 days, or both. Each day's
continued violation shall constitute a separate violation.
B.
In addition to all other remedies provided for herein the Board of
Trustees may also enforce obedience to this article by injunction
or by any other remedy available to it by virtue of the judicial process.
The Mayor and the Code Enforcement Officer of the Village of
Chestnut Ridge shall each have authority to issue appearance tickets
for violations of any of the provisions of this article.
This article shall take effect as of 12:01 a.m. June 1, 1987.
[Adopted 5-21-1987 by L.L. No. 16-1987; amended in its entirety 11-21-2013 by L.L. No. 3-2013]
The Board of Trustees of the Village of Chestnut Ridge finds
and declares it to be the public policy of the Village to regulate
the opening or excavation of any public street, sidewalk or road for
the protection of health, safety and welfare of the public, to prevent
a public nuisance or public health hazard, and to minimize the cost
to the Village of restoring streets after opening or excavation.
A.
No excavation or opening shall be made in any street, road or sidewalk
in the Village of Chestnut Ridge unless a permit is first obtained
from the Village of Chestnut Ridge, for which a fee shall be paid
by the applicant in accordance with the Fee Schedule adopted by the
Board of Trustees. No work shall commence under such permit until
approval has been obtained from the Building Inspector or the Village
Engineering Consultant.
B.
No excavation or opening shall be made in any street, road or sidewalk
in the Village of Chestnut Ridge from November 15 until April 1 unless
to deal with an emergency which may pose a danger to the public health,
safety or welfare, or to property, and unless a permit is first obtained
from the Village of Chestnut Ridge for which a fee shall be paid by
the applicant in accordance with the Fee Schedule adopted by the Board
of Trustees. No work shall commence under such permit until approval
has been obtained from the Building Inspector or the Village Engineering
Consultant.
C.
No permit shall be issued nor shall any excavation or opening be
made in any street, road or sidewalk within a subdivision in which
public improvements have been completed within five years prior to
the date of the application for such permit unless the Board of Trustees,
by resolution, approves the issuance of such permit based upon unusual
circumstances. The Board of Trustees may impose whatever conditions
it deems necessary in the granting of such permit.
D.
A road opening or excavation permit shall have a thirty-day expiration
period, unless for a large project, in which case any longer duration
is to be approved by the Building Inspector or the Village Engineering
Consultant in advance upon a showing deemed acceptable by same. An
applicant who is unable to complete the work within the permit period
must apply to the Village Engineer for an extension while showing
good reason for the delay. The cost of the Village Engineer's
time in considering whether to grant the extension is to be borne
by the applicant.
Public liability insurance protecting the Village against liability
for all negligence and other acts of the applicant in such amounts
and by such company or companies as may be approved by the Village
Attorney must be obtained and filed with the Village before any work
shall commence under any permit issued pursuant to the provisions
of this article. Such insurance shall remain in full force and effect
for a period of at least one year after completion of the work to
be performed and shall hold the Village harmless against any claim
for damages for said period of time.
A.
All excavations, openings or closing of streets, ramps, sidewalks
and roads shall be made in accordance with rules and regulations adopted
by the Board of Trustees and on file in the Village offices, a copy
of which shall be attached to the permit.
B.
The following regulations shall apply:
(1)
Saw-cut pavement, sides of excavation to be vertical with a maximum
width of two on each side of pipe or conduit.
(2)
Provide sheeting and shoring in all earth trenches deeper than five
feet.
(3)
No blasting will be permitted.
(4)
All applications for permits shall be accompanied by plans which
shall be complete and of sufficient clarity to indicate the nature
and extent of the work to be performed.
(5)
The provision for plans can be waived by the Building Inspector or
Village Engineering consultant for repair work or temporary work.
All excavations must be properly barricaded and protected by
suitable lights in accordance with the regulations of the Village,
including this provision of street plates over trenches where required
by the Building Inspector or the Village Engineering consultant.
A.
Upon completion of the work, all excavations shall be filled and
covered as soon as practicable in accordance with the rules and regulations
governing the work.
B.
The following regulations shall apply:
(1)
Materials for fill shall consist of sand, gravel, crushed stone,
crushed gravel or a mixture of these, and shall contain no organic
matter.
(2)
The fill shall contain no particles exceeding four inches in the
largest dimension.
(3)
Fill shall be placed and compacted at its optimum moisture content,
in uniform layers not more than 12 inches thick (after compacting)
and each layer shall be thoroughly compacted to a density not less
than 95% of its maximum density possible by means of artificial compaction.
(4)
The field density shall be verified by in-place density test made
on each lift by an approved testing laboratory employed by the applicant.
(5)
Fill shall not be placed when frozen or placed on a frozen or wet
subgrade.
(6)
Upon completion of the backfill, a temporary pavement shall be provided
for a period of 60 days and in no event more than 120 days.
(7)
This temporary pavement shall be maintained by the applicant until
the permanent pavement is installed.
(8)
Permanent pavements shall be installed prior to November 15 for opening
or excavation which occurred prior to that date, and no temporary
pavements shall be left for the period between November 15 and April
1, unless upon application to, and with the prior approval of, the
Village Engineer or his or her designee upon good cause shown in the
judgment of same. The cost of the Village Engineer's time in
considering whether to grant such relief shall be borne by the applicant.
(9)
Prior to final pavement overlay, milling shall be required or, where
limited size excavations are performed, infrared patching may be performed.
Milling depth shall be 1 1/2 inches cut and transition to existing
pavement to remain. Milling width shall be from the edge of the pavement
to the limits of the trench furthest from the edge of pavement or
as approved by the Village Engineer or his or her designee.
(10)
Street opening or excavation permitted by the Village Board pursuant to § 249-9 herein despite being performed within five years of a public improvement shall be restored by road-edge-to-road-edge or curb-to-curb paving unless the Village Board determines otherwise upon the advice of the Village Engineer or his or her designee.
(11)
The permanent pavement is to be installed in accordance with
the specifications of the Village of Chestnut Ridge. If no specification
is provided by the Village of Chestnut Ridge, use the Town of Ramapo
Standards.
(12)
All of the above are subject to approval by the Building Inspector
and/or the Consulting Engineer of the Village of Chestnut Ridge.
Failure to comply with the provisions of this article shall
render the contractor, the workmen who made the excavation, the owners
in front of whose premises the excavation is made, the tenant or other
person who ordered the same or received the benefit thereof liable
for all damages sustained.
Anything herein contained to the contrary notwithstanding, where
an excavation in a street, road or sidewalk is sought to be made or
on behalf of a franchised public utility company, then and in that
event, the following shall apply:
A.
The utility shall apply for a permit from the Village of Chestnut Ridge for each excavation to be made. No permit shall be issued for any excavation or opening in any street, road or sidewalk within a subdivision in which public improvements have been completed within five years prior to the date of the application for such permit except in accordance with § 249-9B of this article.
B.
The fee to be paid for each permit shall be set forth in the Fee
Schedule adopted by the Board of Trustees. In addition, the company
shall post a letter of credit annually in amounts to be determined
by the Board of Trustees and shall file with the Village Clerk proof
of insurance coverages in such amounts as determined by the Board
of Trustees.
C.
All excavations, openings and closing of streets, roads or sidewalks
shall be made in accordance with rules and regulations adopted by
the Board of Trustees as set forth in this article.
D.
In the event an emergency requires an excavation at such time or
times when the Village offices shall be closed, the applicant shall
notify the Police Department of the proposed excavation, and the next
day, the applicant shall make proper application for a permit in the
same manner as if there had been no emergency.
A.
Any person who shall refuse or neglect to comply with any provision
of this article shall be guilty of a violation. Each and every violation
of this article shall be punishable by a fine not to exceed $5,000
or a sentence of imprisonment not to exceed 15 days, or both. Each
days' continued violation shall constitute a separate violation.
B.
In addition to all other remedies provided for herein, the Board
of Trustees may also enforce obedience to this article by injunction
or by any other remedy available to it by virtue of the judicial process.
The Mayor, Village Engineer, Building Inspector and/or Code
Enforcement Officer of the Village of Chestnut Ridge shall have the
authority to issue appearance tickets for violations of this article.[1]
The invalidity of any section, clause, sentence or provision
of this article shall not affect the validity of any other part of
this article which can be given effect without such invalid part or
parts.
This article shall take effect immediately.
