[Adopted 7-1-71 as L.L. No. 3-1971]
This Article shall be known as and may be cited as the "Town of Philipstown
Street Opening Law."
A.
General Regulations. 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 Philipstown for any purpose whatsoever, except as hereinafter provided in this Article, when a written permit therefor has been duly issued as herein provided, in accordance with the procedures set forth in § 150-3 hereof and in compliance with §§ 150-4 and 150-5 hereof.
(1)
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.
(2)
Public utility companies may, in lieu of the deposit
hereinafter mentioned, deposit with the Town Board its bond or a surety company
bond approved as to form, manner of execution and sufficiency by the Town
Board of the Town of Philipstown, which bond shall be retained as security
for the faithful performance by the applicant of all the terms, agreements,
covenants and conditions of the permit on the applicant's part to be
done or performed, which said bond shall be in an amount to be determined
by the Superintendent of Highways, but in no case shall the face amount of
the bond be less than $5,000.
(3)
Any city, village, town, public improvement district
or other municipality may, in lieu of making the cash deposit hereinafter
mentioned, file with the Superintendent of Highways a certified copy of a
resolution duly adopted by the governing body of such municipality, which
said resolution shall guarantee faithful performance by said municipality
of all the terms, agreements, covenants and conditions as set forth in the
permit. Said resolution shall be effective for the remainder of the calendar
year in which it is adopted.
(4)
Emergency openings. 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 or 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.
B.
Prohibited operations. In any residence district, no
operation authorized under this Article shall be permitted on Sunday, 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.
A.
Application for a permit under this Article shall be
made to the Superintendent of Highways in writing, in duplicate, for each
such operation and shall contain the following information:
(1)
The full name and address of the applicant.
(2)
The full name and address of the owner or owners of property
in front of which the operation is to be performed.
(3)
The location by street address, if any, of the property
in front of which the operation is to be performed, and the Tax Map designation
of the same.
(4)
A statement of the proposed operation and the size and
purpose thereof.
(5)
The date or dates when the proposed operation is to be
commenced, and the date or dates when the operation is to be completed.
(6)
The type of pavement or surface to be disturbed.
(7)
A sketch of the proposed operation, with dimensions thereof.
(8)
The estimated maximum quantity to be excavated and/or
removed, and the estimated part thereof that will be used for regrading or
filling.
(9)
The rehabilitation proposed.
(10)
The estimated cost of the entire proposed operation.
(11)
The location, if any, of any tiles or drainage system,
water mains or other public utility conduits, etc., which may be within the
area of the proposed operation.
(12)
Any additional information which may be reasonably required
by the Superintendent of Highways.
(13)
A signed statement by the applicant that said applicant
agrees to perform the proposed operation for which the permit may be granted
in full and strict compliance and in accordance with the conditions of the
permit, if issued, and any and all provisions of the Town Law and other applicable
statutes and local laws and ordinances of the Town of Philipstown and the
rules and regulations of the Highway Department of the Town of Philipstown.
C.
Upon receipt of the application, as herein provided for in Subsection A hereof, the Superintendent of Highways shall act thereon by issuing or refusing to issue a permit. No permit shall be issued by him except where there is compliance with the provisions of this Article and all other laws, ordinances, rules and regulations of the Town of Philipstown and its Highway Department. Such a permit, when issued, shall be effective for such period of time, not to exceed 30 consecutive days, to be specified thereon by the Superintendent of Highways. Such specified period of time may be extended for the completion of the operation, if so requested in writing by the permittee prior to the expiration date thereof, for such additional period or periods of time authorized by said Superintendent of Highways.
A.
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 Philipstown:
(1)
A fee of $30 to cover the cost of issuing the permit,
together with a fee for the supervision and the inspection of the operation
done in connection therewith, computed by the Superintendent of Highways at
the rate of $1 per square yard of the surface to be disturbed.
[Amended 1-5-89 by Res. No. 35-89]
(2)
A deposit in an amount to be determined by the Superintendent
of Highways, computed at the rate of $10 per square foot of said surface to
be disturbed, and if and when machinery is used in connection with an operation
and there is the likelihood of damage or injury to areas other than the specific
location of the operation, a deposit of an additional amount may be required;
said additional amount to be determined by the Superintendent of Highways,
computed at the rate of $10 per square foot of the additional area affected.
The minimum deposit shall be $300. The first $1,000 shall be cash. The excess
may be by surety company bond approved by the Town Board.
[Amended 1-5-89 by Res. No. 35-89]
B.
Said deposit shall be retained by the town for the duration
of the period of maintenance as hereinbelow defined. 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 that
the termination of said six-month 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.
C.
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 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, any
balance left shall be refunded to the permittee.
D.
The amounts of the fees and deposits required in this
section may be changed or amended from time to time by resolution of the Town
Board.
A.
Amount. No permit for an operation under this Article
shall be issued by the Superintendent of Highways until the applicant therefor
shall have first placed on file with the said Superintendent of Highways,
without cost to the town, satisfactory evidence of insurance coverage, including
public liability insurance in an amount of not less than $100,000 for any
one person and not less than $300,000 for any one accident and of property
damage insurance in an amount of not less than $50,000 aggregate, and satisfactory
evidence that said insurance has been approved as to form, correctness and
adequacy by the Town Attorney of the town to insure the town against any loss,
injury or damage arising out of the granting of the permit or from any negligence
of said applicant, his servants, agents or employees in connection with said
operation or with any and all work related thereto. The amounts of coverage
required may be increased by resolution of the Town Board. The form of certificate
of insurance required by the New York State Department of Transportation may
be used as a guide for general requirements.
B.
Duration. Such insurance hereinabove referred to shall
remain in force throughout the effective period of the permit and/or any authorized
extension or extensions thereof, shall carry an endorsement to the effect
that the insurance company will give at least 10 days prior written notice
to the Town of Philipstown of any modification or cancellation of any such
insurance and shall contain a clause to the effect that termination of said
insurance shall be without prejudice to the right of the Town of Philipstown
to make claim or claims thereafter for any loss or damage sustained as a result
of any act or acts committed or omitted during the term of said insurance.
A.
Existing structures. 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 said operation, and in the event of the failure
of the permittee to comply with the provisions of this subsection, 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.
B.
Traffic. 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:
(1)
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.
(2)
Suitably place, install and maintain adequate warning
flags or signs and lighted red lamps or flares.
(3)
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.
(4)
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.
(5)
Arrange and conduct the work in connection with said
operation so as to make possible the complete removal of any obstructions
to any and all traffic on Saturdays, Sundays and holidays, if so required
by the Superintendent of Highways.
The deposit of any dirt, filth, waste or rubbish in any street, highway,
sidewalk, sidewalk area or public place or encumbering thereof by any encroachment
of buildings, structures, excavation or otherwise, or any act which in any
manner damages or injures a town highway or interferes 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, are hereby prohibited.
A.
Notwithstanding any other provisions of this Article, any person who violates or causes or participates in any violation of the provisions of §§ 150-2 through 150-7 shall, upon conviction thereof, be guilty of a violation and be subject to a fine not exceeding $250 or by imprisonment for not more than 15 days, or by both such fine and imprisonment.
B.
Whenever any person shall have been notified in writing by the Superintendent of Highways that he is violating the provisions of §§ 150-2 through 150-7 or of any permit or extension thereof issued hereunder, or is served with a summons or warrant accusing him thereof, each day that he shall continue such violation after such notification or service shall constitute a separate offense punishable by a like fine or penalty.
C.
Notwithstanding the penalties herein provided, the Town
Board may maintain an action or proceeding in the name of the town in a court
of competent jurisdiction to compel compliance with or to restrain by injunction
the violation of any provision of this Article.
D.
The foregoing provisions for the enforcement of the regulations
in this Article are not exclusive, but are in addition to any and all other
laws applicable thereto.
E.
Words used in this section have their usual meanings
in the Penal Law.
A permit issued pursuant to this Article shall be known and designated
as a "Street Opening Permit."
