[Adopted 4-3-1989 by L.L.
No. 6-1989]
No person, firm or corporation, including public service companies
and municipalities other than the Village of Canisteo, shall make
any excavation in any street or highway in the Village of Canisteo
for any purpose without first obtaining a permit therefor from the
Board of Trustees as hereinafter provided.
A.
Application for permits shall be filed, in writing, with the Village
Clerk upon application blanks which he shall provide or in such other
manner as he shall from time to time prescribe. Applications shall
state the nature, location, extent and purpose of the proposed excavation.
B.
Applications by public service companies must be accompanied by a
general undertaking in such form as may be approved by the Board of
Trustees. Said general undertaking is tendered to assure that, after
completing the excavation, said applicant shall leave the street,
highway, sidewalk, pavement, curb or gutter in the same condition
as it was prior to the excavation.
C.
Applications by persons, firms or corporations, other than public
service companies, for excavations in the street or highway must be
accompanied by proof that such person, firm or corporation has obtained
and has in effect a performance bond in the amount of $5,000 to assure
that, after completing the excavation, said applicant shall leave
the street, highway, pavement and curb or gutter in the same condition
as it was prior to excavation.
[Amended 5-7-2012 by L.L.
No. 2-2012[1]]
The applicable permit fee shall be as set forth from time to time by resolution of the Board of Trustees. Such fee shall be submitted to the Village Clerk with the application referred to in § 93-20 of this article. No permit fee for excavations required in the placement of utility poles shall be required.
[1]
Editor's Note: This local law also included a schedule with
a list of specific fees and wording indicating that the duration and
applicable fees for various permits, licenses and/ or fees shall be
as set forth from time to time by resolution of the Village Board
of Trustees and that fees listed elsewhere in the Village's Code shall
be preempted by fees in the schedule. Said schedule is on file in
the Village offices.
A.
The applicant shall file with the Board of Trustees a general liability
insurance policy or certificate of insurance naming the Village of
Canisteo as an additional insured at the same time he files his application
for the permit. The Board of Trustees shall approve the policy as
to form.
B.
The policy shall insure the Village of Canisteo and the applicant
and shall cover all operations relative to the excavation and reconstruction
thereof. Said policy shall have limits of liability of $100,000 for
bodily injury to each person and aggregate liability of $300,000 for
each accident, and property damage liability of $5,000 for each accident
and aggregate property damage liability of $25,000.
C.
In lieu of the aforesaid liability insurance, public service companies
may submit a general undertaking in such form as shall be approved
by the Board of Trustees.
The Board of Trustees may require any person making a highway
excavation pursuant to a permit granted hereunder to give notice of
such excavation to public service companies or municipal districts
having lines, mains or other property in the streets, and when such
notice shall have been required, no work shall be commenced or done
under such permit until such required notice has been fully complied
with to the satisfaction of the Board of Trustees.
Any person making an excavation covered by this article shall
erect suitable barriers or guards for the protection of persons using
the streets or sidewalks and, in addition thereto, shall set up and
maintain during the hours of darkness sufficient lights or flares
to properly illuminate the area. He shall also take all necessary
precautions for the protection of the property of the Village, of
public service companies or municipal districts and of others which
may be endangered by such excavation or the work incident thereto
and shall comply with all directions given by the Superintendent of
Public Works with respect to such barriers, lights, flares and protective
measures.
A.
Work under the permit shall be commenced within 30 days from the
date of the issuance of the permit and continued in an expeditious
manner unless an extension of this period is approved by the Board
of Trustees.
B.
Construction.
(1)
When work is being performed on any Village street, no pavement cuts
or trenches are to be left unfilled overnight except in emergencies,
and in such cases adequate precautions must be exercised to protect
traffic. When working on any Village street or road, contractors must
complete final backfilling of any trench within 18 days from the time
of its opening.
(2)
All pipes or mains crossing highway pavement shall, whenever possible,
be driven beneath the roadway without disturbance from the edge of
the pavement. Such crossover pipes shall, whenever possible, be enclosed
in sleeves or larger pipes so that repairs or replacements may be
made in the future without future disturbance of the roadway pavement.
(3)
In the event that a trench is opened, the trench will be compacted
and filled as directed by the Superintendent of Public Works.
C.
All paving and resurfacing shall comply with the highway construction
specifications of the Village as directed by the Superintendent of
Public Works.
D.
Traffic control. Traffic is to be maintained at all times during
the progress of work. Adequate signs, barricades and lights necessary
to protect the public shall be provided. Flagmen to direct traffic
shall be employed continuously during periods when only one-way traffic
can be maintained or when equipment is operated back and forth across
the pavement area. No construction equipment or materials shall be
left on the pavement after working hours, nor shall any construction
equipment or materials be placed in any way, manner or location that
will obstruct the highway or railroad warning signs. Barricades, whether
in sidewalk or roadway areas, shall have prominently displayed for
police convenience the address and telephone number of someone available
24 hours a day who shall reestablish the same in an emergency. Access
to adjacent property shall be maintained.
E.
The applicant will be responsible for notifying the Superintendent
of Public Works 24 hours prior to street opening and street closing.
No person shall construct or cause or permit to be constructed
a curb or sidewalk in the Village unless the same shall be constructed
in accordance with specifications and standards as directed by the
Board of Trustees.[1]
Every person who constructs a sidewalk or curb shall guard any
excavation or work by guardrails, red signal lights or any other means
as may be necessary to warn pedestrians and others of the danger to
be approached.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The owner or occupant of every property shall pave, keep and maintain the existing sidewalks adjoining his premises in a safe and passable condition and shall keep the sidewalks free from snow and ice as provided in Article III of this chapter, and from dirt, filth, weeds and other obstructions.
No person shall install, construct, place or maintain, or permit
to be installed, constructed, placed or maintained, in the area between
the curb and the property line of the premises adjoining any street,
parking field or parking field walk owned or occupied by him any structure,
masonry, stone, sprinkler pipes, sprinkler heads, garbage receptacles
or any similar devices or fixtures.
No person shall ride, drive, operate or park any motor-driven
vehicle, including snowmobiles and minibikes, along or upon any public
sidewalk or path intended for use by pedestrians within the Village
of Canisteo.
Violation of this article shall be punishable by a fine of not
more than $250 or by imprisonment for a term not exceeding 15 days,
or both.
