[Amended 7-16-2008 by L.L. No. 5-2008]
The Board of Trustees of the Village of Montebello
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.
[Amended 7-16-2008 by L.L. No. 5-2008]
A. No excavation or opening shall be made in any street,
road or sidewalk in the Village of Montebello 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 Montebello 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 Village Engineer or his or her designee.
B. No permit shall be issued nor shall any excavation
or opening be made in any street, road or sidewalk within a subdivision
or any public right-of-way 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.
C. 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 Village Engineer or his or her designee
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 or 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.
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 Montebello 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 §
160-5B 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-Treasurer proof of insurance coverages in such amounts as determined
by the Board of Trustees.
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 §
160-8 and Subsection
B of §
160-5, §§
160-7 and
160-9 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 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.
The Mayor, Village Engineer or his or her designee
and/or Code Enforcement Officer of the Village of Montebello shall
have the authority to issue appearance tickets for violations of this
article.
This article supersedes, and is in derogation
of, Chapter 177 of the Code of the Town of Ramapo, County of Rockland,
State of New York. This article is enacted by authority of § 20,
Subdivision 5, of the Municipal Home Rule Law and any other law referenced
herein as authority herefor.