The Board of Trustees of the Village of Airmont
finds the need and declares it to be the public policy of the Village
of Airmont to regulate the opening or excavation of any public street,
sidewalk or road, for the maintenance of the health, safety and welfare
of the residents of the Village of Airmont and to prevent a public
nuisance or public hazard.
Public liability insurance naming the Village
as loss payee against liability for all negligence and other acts
of the applicant in such amounts and such company or companies as
may be approved by the Board of Trustees, and in such form as is approved
by the Village Attorney, must be obtained and filed with the Village
prior to any work being commenced under any permit issued pursuant
to the provisions of this article. Such insurance shall remain in
full force and effect for a minimum of one year after completion of
the work to be performed. Additionally, applicant shall hold the Village
harmless against any claim for damages for said corresponding period
of time.
All excavations must be properly barricaded
and protected by suitable lights in accordance with the regulations
of the Village, including this provision:
A. Provide street plates over trenches where required
by the Building Inspector.
B. Provide flagmen when working in traffic lane to direct
traffic around work site.
Failure to comply with the provisions of this
article shall render the contractor, the workmen who made the excavation,
the owners in front whose premises and excavation has been 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 Airmont 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 days prior to the date of application for such permit except in accordance with §
177-14B 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 coverage in such
amounts as determined by the Board of Trustees.
(1) The
Village Board has determined that letters of credit and/or annual
performance bonds shall be maintained in the appropriate amounts by
the following utility companies:
[Added 3-1-2010 by L.L. No. 1-2010]
|
United Water
|
$50,000
|
|
Orange and Rockland Utilities
|
$50,000
|
|
Cablevision
|
$20,000
|
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Verizon
|
$20,000
|
C. All excavations, openings and closings of streets, roads or sidewalks shall be made in accordance with rules and regulations adopted by the Board of Trustees, in addition to §
177-17 and §§
177-14B, 177-164B and
177-18B of 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 Ramapo Police Department and the next day the applicant
shall make proper application for a permit in the same manner as if
there had been no emergency.
E. Failure of a public utility company to secure and maintain the letter of credit or performance bond as outlined in §
177-20B(1) may be sufficient grounds for refusing the issuance of a roadway opening permit application.
[Added 3-1-2010 by L.L. No. 1-2010]
The Mayor, Building Inspector, and/or Code Enforcement
Officer of the Village of Airmont shall have the authority to issue
appearance tickets for violations of this article.