[Adopted 9-2-1969 by L.L.
No. 2-1969 as Ch. 64 of the 1969 Code; amended in
its entirety 8-18-2015 by L.L.
No. 9-2015[1]]
[1]
Editor's Note: This local law also changed the title of former
Art. II, Street Openings, to Right-of-way Work Permit.
No person, firm, corporation or other entity shall dig into
or cause to be dug into, through or against any street, alley, sidewalk
or public grounds, any trench, ditch or other opening, except upon
a written permit granted by the Village Clerk pursuant to the direction
of the Director of Public Works or an agent of said Director. The
applicant for such permit shall, in the application for such permit,
agree to assume all liability for damages of any kind which may occur
during the progress of the work authorized by such permit or by reason
thereof. The permit shall be subject to the conditions set forth in
this article.
[Added 4-16-2019 by L.L.
No. 3-2019]
The State of New York has adopted legislation requiring information
to be provided about the one-call notification system (Dig Safely
New York) requirements to applicants for excavation and demolition
permits, as well as requiring certification of all excavators by the
Public Service Commission of the State of New York. Accordingly:
A.
The Village shall display in an appropriate location a notice to
applicants for excavation and demolition permits informing such applicants
regarding their responsibilities under the law and regulations to
protect underground facilities and the existence, operation and programs
of the one-call notification system (a.k.a. Dig Safely New York);
B.
Each applicant for an excavation or demolition permit shall be provided
with a notice informing such applicant of their responsibilities under
the law and regulations to protect underground facilities and the
existence, operation and program for the one-call notification system
(a.k.a. Dig Safely New York);
C.
No right-of-way work permit shall be issued unless the applicant
therefore has submitted documentation that the operator(s) of the
equipment performing the work have been certified by the State of
New York to have successfully completed the training and education
program provided by or sanctioned by the one-call notification system
(a.k.a. Dig Safely New York) through the Public Service Commission
of the State of New York;
D.
No excavation or demolition work shall be performed by any machinery
operator who is not certified as having successfully completed the
training and education program provided by or sanctioned by the one-call
notification system (a.k.a. Dig Safely New York) through the Public
Service Commission of the State of New York.
[Added 4-16-2019 by L.L.
No. 3-2019]
If the provisions of this chapter are inconsistent with any
other provision in the Code of the Village of Penn Yan, or with any
rule or regulation of any department, bureau or governmental agency
of the Village of Penn Yan, the provisions of this chapter shall control.
[Amended 10-19-2021 by L.L. No. 11-2021]
A.
Prior to issuance of a street opening permit, the applicant shall pay to the Village Clerk a permit application fee, the amount thereof to be determined from time to time by the Board of Trustees, together with a deposit in an amount to be determined by the Director of Public Works or his/her designee, based upon the nature of the openings, for each permit. The deposit shall be utilized by the Village for street surface restoration of the street opening site in the event that the street surface restoration is not performed or is inadequately performed by the permit holder. The deposit shall be subject to the provisions of § 174-9 of this article. By acceptance of the street opening permit, the permit holder agrees to the terms hereof. Further, the applicant shall file with the Village Clerk a certificate of general liability insurance with no exclusions, in the amount of $1,000,000 per person and $1,000,000 per accident for personal injuries and in the amount of $1,000,000 for property damages, with the Village of Penn Yan as a named insured.
(1)
The
duration of the permit shall be determined by the Department of Public
Works Director or his/her designee, which duration shall be set so
that the obstruction is for the shortest period possible.
B.
This section shall not apply to the New York State Electric and Gas
Corporation and the New York Telephone Company and their successors
and/or assigns, insofar as the requirement of a deposit of $500.
[Added 10-19-2021 by L.L. No. 11-2021]
A.
A permit
shall be required in the event that any street, public sidewalk, quasi-public
sidewalk or other public area will be obstructed due to any type of
construction or other activity by any nongovernmental person or entity.
B.
Prior to issuance of the permit, the applicant shall pay a filing fee, the amount thereof to be determined from time to time by the Board of Trustees, together with a deposit of $500 for each permit. The deposit shall be utilized by the Village for any damage done to Village infrastructure as a result of utilization of the right-of-way permit by the recipient thereof. Any portion of the deposit not applied as provided for herein shall be refunded to the permit holder. The deposit shall be subject to the provisions of § 174-9 of this article. By acceptance of the right-of-way permit, the permit holder agrees to the terms hereof. The Department of Public Works Director or his/her designee shall, prior to issuance of the permit, determine whether liability insurance with the Village as a named insured shall be required.
C.
The Department
of Public Works Director or his/her designee shall further determine
the termination date of the permit, which date shall be set so that
the obstruction will be for the shortest period possible.
D.
The initial
permit period shall not exceed 10 days in length without good cause
shown.
E.
Permit
extensions or renewals shall be subject to approval of the DPW Director
or his/her designee.
F.
The permit
periods shall not exceed 30 consecutive days without a showing of
extraordinary circumstances upon written application for such a permit
period extension.
The deposit is to be applied to the cost of repairing or replacing
the right-of-way materials to their preconstruction condition or better.
If the work is performed by the Department of Public Works and the
cost is less than the deposit, the sum over and above the cost will
be refunded to the permit holder. In the event that the cost exceeds
the amount of the deposit, the applicant will be required to pay for
the additional costs. In the event that the work is performed by a
firm or corporation other than the Department of Public Works and
the work meets with the approval of the Director of Public Works or
his agent, the deposit is returned to the applicant. The deposit may
be withheld for up to one year at the discretion of the Director of
Public Works. This deposit for right-of-way work is in addition to
any deposit, which may be required by the New York State Department
of Transportation on state-maintained streets within the Village.
A.
Each person, firm, corporation or other entity making an opening
shall remove the excavated material from said opening, remove same
and shall backfill the opening made with a good Item 4 gravel or #2
crusher run, machine tamping such backfill in successive horizontal
layers, each not over six inches depth.
B.
No backfill of any opening shall be made prior to an inspection being
made by the Director of Public Works, the appropriate department head
or his assistant and written approval given to make said backfill.
A.
Each person, firm, corporation or other entity making an excavation
through a fixed type of pavement shall replace such pavement by putting
back the adjoining pavement a distance of at least two feet on each
side of said opening and replacing the same in kind, excepting that
brick pavements may be replaced by adding concrete throughout its
entire depth. All materials used in replacing such pavements must
be of such a source that bears the approval of the New York State
Department of Public Works. All concrete must contain at least 15%
portland cement. Between November 1 and May 1, a temporary fix or
winter mix may be used to temporarily fill said opening, said temporary
fix or winter mix to be replaced before the first of July following
use of said fix or mix by the application and at his expense or by
the Village of Penn Yan at the expense of the applicant. All of the
above work is to be done under the direction of the Director of Public
Works or his agent. In the event that that settlement occurs within
one year from the time the opening is closed, requiring additional
work, the applicant agrees to make the necessary repairs under the
supervision of the Director of Public Works or his agent or said repairs
are to be made by the Village at the expense of the applicant who
is to billed therefor. Warning-danger lights, signs, barricades, railings
and all other necessary means of protection against accident shall
be provided by the applicant.
B.
Any cost which the applicant may be responsible for and which is
not paid within the fiscal year will be added to the annual tax statement
of the property for which the excavation application is made.
In the event that the applicant does not, within 24 hours after
written notice has been given by the Director of Public Works or his
agent, comply with the requirements of this article, the work shall
be performed by the Village, at the discretion of the Director of
Public Works, and the expense thereof shall be charged to said person,
firm, or corporation or entity.
Any person, firm, corporation or other entity violating any
of the provisions of this article shall, upon conviction, be punishable
by a fine of not less than $25, up to the maximum fine of $250, or
by imprisonment in the County jail for not more than 15 days, or by
both such fine and imprisonment.
In the event of an emergency causing the Village office to be
closed, the Director of Public Works may authorize the street excavation,
and the permit shall be applied for the first day on which the Village
office is open, subsequent to the emergency.
All trees, structures and property of the Village and other
property owners shall be protected from damage by the permittee.
In the event that the trench work is located in the shoulder
of a road, street or highway, proper compaction is required together
with the addition of a covering of sod grass or seeding, as well as
mulch and fertilizer. All such work shall be performed, subject to
the approval of the Director of Public Works or his agent.
