[Adopted 4-25-1988 by L.L. No. 22-1988]
[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.[1] No work shall commence under such permit until approval
has been obtained from the Village Engineer or his or her designee.
[1]
Editor's Note: The fee schedule is on file
in the Village Clerk-Treasurer's office.
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.
A.
All excavations, openings or closings of streets,
ramps, sidewalks and roads shall be made in accordance with rules
and regulations adopted by the Board of Trustees and on file in the
Village offices, a copy of which shall be attached to the permit.
B.
The following regulations shall apply:
(1)
Saw cut pavement, sides of excavation to be vertical
with a maximum width of two feet on each side of pipe or conduit.
(2)
Provide sheeting and shoring in all earth trenches
deeper than five feet.
(3)
No blasting will be permitted.
(4)
All applications for permits shall be accompanied
by plans which shall be complete and of sufficient clarity to indicate
the nature and extent of the work to be performed.
(5)
The provision for plans can be waived by the Village
Engineer or his or her designee for repair work or temporary work.
[Amended 7-16-2008 by L.L. No. 5-2008]
A.
All excavations must be properly barricaded and protected
by suitable lights in accordance with the regulations of the Village,
including this provision of:
A.
Upon completion of the work all excavations shall
be filled and covered as soon as practicable in accordance with the
rules and regulations governing the work.
B.
The following regulations shall apply:
(1)
Materials for fill shall consist of sand, gravel,
crushed stone, crushed gravel or a mixture of these, and shall contain
no organic matter.
(2)
The fill shall contain no particles exceeding four
inches in the largest dimension.
(3)
Fill shall be placed and compacted at its optimum
moisture content, in uniform layers not more than 12 inches thick
(after compacting) and each layer shall be thoroughly compacted to
a density not less than 95% of its maximum density possible by means
of artificial compaction.
(4)
The field density shall be verified by in-place density
test made on each lift by an approved testing laboratory employed
by the applicant.
(5)
Fill shall not be placed when frozen or placed on
a frozen or wet subgrade.
(6)
Upon completion of the backfill, a temporary pavement
shall be provided for a period of 60 days and in no event more than
120 days.
(7)
This temporary pavement shall be maintained by the
applicant until the permanent pavement is installed.
(8)
Permanent pavements shall be installed prior to November
15 for opening or excavation which occurred prior to that date, and
no temporary pavements shall be left for the period between November
15 and April 1, unless upon application to, and with the prior approval
of, the Village Engineer or his or her designee upon good cause shown
in the judgment of same. The cost of the Village Engineer's time in
considering whether to grant such relief shall be borne by the applicant.
[Amended 7-16-2008 by L.L. No. 5-2008]
(9)
Prior to final pavement overlay milling shall be required,
or where limited size excavations are performed, infrared patching
may be performed. Milling depth shall be one inch to 1 1/2 inches
cut and transition to existing pavement to remain. Milling width shall
be from the edge of the pavement to the limits of the trench furthest
from the edge of pavement or as approved by the Village Engineer or
his or her designee.
[Added 7-16-2008 by L.L. No. 5-2008[1]]
(10)
Street opening or excavation permitted by the Village Board pursuant to §160-5B despite being performed within five years of a public improvement shall be restored by road edge to road edge or curb to curb paving unless the Village Board determines otherwise upon the advice of the Village Engineer or his or her designee.
[Added 7-16-2008 by L.L. No. 5-2008]
(11)
All of the above are subject to approval by
the Village Engineer or his or her designee of the Village of Montebello.
[Amended 7-16-2008 by L.L. No. 5-2008]
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.
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.
A.
Any person who shall refuse or neglect to comply with
any provision of this article shall be guilty of a violation. Each
and every violation of this article shall be punishable by a fine
not to exceed $5,000 or a sentence of imprisonment not to exceed 15
days, or both. Each day's continued violation shall constitute a separate
violation.
B.
In addition to all other remedies provided for herein,
the Board of Trustees may also enforce obedience to this article by
injunction or by any other remedy available to it by virtue of the
judicial process.
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.
[1]
Editor's Note: Amended pursuant to L.L. No.
5-2008, adopted 7-16-2008.
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.
