[HISTORY: Adopted by the Board of Trustees
of the Village of Piermont 11-14-1977 by L.L. No. 27-1977 as Ch. 90 of the 1977
Code. Amendments noted where applicable.]
It is deemed to be in the public interest that
the use of the streets and sidewalks of the Village should be regulated
to ensure public safety.
A.
No person shall ride, drive or otherwise propel any
wagon, horse, cart, automobile, motorcycle, bicycle, motor scooter,
tractor, truck, trailer, motor vehicle or other like vehicle or conveyance
upon or over any sidewalk or other place reserved for the use of pedestrians
within the Village at any time, except that nothing herein contained
shall be construed to prohibit driving, riding or otherwise propelling
any vehicle or other conveyance across the sidewalk at a place set
apart as an entrance to or exit from abutting property.
B.
No person shall use or operate a vehicle equipped
with steel or other metal cleated wheels on or over any sidewalks
or public streets within the Village so as to do damage to the surface
thereof.
A.
No person shall place, consent to or cause to be placed
or keep or permit to be kept, any stone, sand, gravel, timbers, lumber
or any other materials designed for use in building construction or
any box, barrel, case or any article or articles, substance or substances
whatsoever to be used for any purpose upon any sidewalk, public street,
highway or public place within the Village so as to obstruct or impede
in any manner free travel thereover at any times, unless a written
permit shall first be obtained for such purpose from the Superintendent
of Public Works, which permit shall be issued upon such terms and
conditions as are deemed necessary to safeguard the public safety
or welfare.
B.
Every application for such a permit shall be accompanied
by a deposit deemed adequate by the Village Engineer to cover the
cost of the removal of such obstruction and the restoring of the sidewalk,
street, highway or public place to the same condition as before such
obstruction was placed thereon or, in the alternative, a bond giving
adequate assurance that such removal and restoration will be made;
in addition thereto, every such application shall be accompanied by
a fee in accordance with a schedule as may be from time to time promulgated
by the Board of Trustees.
[Amended 4-16-1996 by L.L. No. 4-1996; 3-14-2000 by L.L. No. 8-2000]
A.
No owner, lessee or occupant of any house, building or structure or the owner or lessee of any vacant lot or parcel of ground within the Village shall permit ice or snow to accumulate upon sidewalks set apart for pedestrians in front of, abutting or upon their premises or on any paved areas frequented by the public, including but not limited to private roads, driveways and parking lots, and every such owner, lessee or occupant shall cause such sidewalks and paved areas to be cleared of snow and ice within 24 hours after such snow shall have ceased to fall or such ice shall have formed. In addition, such owner, lessee or occupant shall, as reasonably necessary, within the time and at the places hereinabove specified, cover or cause to be covered said sidewalks and paved areas with sand, salt or similar material. Upon the failure of any such owner, lessee or occupant to remove such snow or ice within such period, and after a reasonable attempt has been made to give notice to the owner or occupant, the person in charge of the Highway Department, with the permission of the Mayor, may cause such sidewalks and paved areas to be cleared and assess the expense thereof upon the land so cleared. Such assessment shall be in addition to penalties which may be imposed in accordance with § 1-14 of the General Provisions Chapter of this Code.
B.
Snow that has been removed from sidewalks, paved areas
or private walks or driveways shall not be deposited in or upon other
sidewalks or public thoroughfares.
[Amended 4-29-2014 by L.L. No. 3-2014]
A.
No excavation or opening shall be made in any street, road, shoulder,
or sidewalk in the Village of Piermont unless a permit is first obtained
from the Village of Piermont Superintendent of Public Works 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 Superintendent of Public Works.
[Amended 9-3-2019 by L.L. No. 5-2019]
[1]
Editor's Note: Said fee schedule is on file in the Village
offices.
B.
No excavation or opening shall be made in any street, road, shoulder
or sidewalk in the Village of Piermont 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 Piermont Superintendent of Public
Works for which a fee shall be paid by the applicant in accordance
with the fee schedule adopted by the Board of Trustees.[2] No work shall commence under such permit until approval
has been obtained from the Superintendent of Public Works. The deposits
will be doubled and the fee increased for such permits during this
period due to the fact that proper pavement repairs cannot be made
during the winter, and the following rules and regulations will pertain
during this period:
[Amended 9-3-2019 by L.L. No. 5-2019]
(1)
The backfill of all trenches during the period shall only be made
with screenings, second grade crushed stone or approved run-of-bank
gravel, and if the opening is in the shoulder, the last nine inches
shall be made with second grade crushed stone thoroughly rolled to
the contour of the road;
(2)
If the opening is in the pavement, there shall be placed in the trench
five inches of compacted crushed stone and surfaced with 2 1/2
inches of compacted bituminous concrete;
(3)
No rocks larger than five inches in any direction or frozen dirt
shall be placed in the trench;
(4)
Notwithstanding anything which may appear to the contrary in this
permit application and regulations, the applicant, by accepting this
permit, assumes all responsibility for the maintenance of said opening
from November 15 to April 1 and further assumes all liability for
damages resulting from or in any way connected therewith during this
period.
[2]
Editor's Note: Said fee schedule is on file in the Village
offices.
C.
To obtain a permit, an application must be made in writing on the
form provided by the Village and signed by the applicant undertaking
the work. If the application is made by a municipality, the application
shall be executed by its proper officers. In lieu of such execution,
the municipality may, by resolution, a certified copy of which shall
be filed with the Village, designate an agent or officer to execute
applications for permits. A deposit of either cash or a certified
check made payable to the Village of Piermont in accordance with a
schedule as may from time to time be promulgated by the Board of Trustees
must be posted at the time of the application.
D.
The Village will furnish and charge for an inspection for each day
from the time the road, shoulder, or sidewalk is to be opened until
the backfilling with approved material and temporary restoration of
pavement has been completed. The applicant shall specify on the application
the date the excavation is to be made. If the permittee fails to open
the road, shoulder, and sidewalk on the date specified, unless the
Village Superintendent of Public Works is notified the day before,
inspection will be charged for every day he fails to do so. However,
no opening shall be made on Saturdays, Sundays or holidays unless
an emergency exists, such as a water or gas leak or sewer stoppage.
[Amended 9-3-2019 by L.L. No. 5-2019]
E.
No permit shall be issued nor shall any excavation or opening be
made in any street, road, shoulder 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 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.
[Amended 9-3-2019 by L.L. No. 5-2019]
F.
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 Superintendent of Public Works 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 Superintendent
of Public Works for an extension while showing good reason for the
delay. The cost of the Superintendent of Public Works' time in
considering whether to grant the extension is to be borne by the applicant.
G.
Public liability insurance protecting the Village against liability
for 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, minimally $100,000/$300,000 liability and $100,000 property
damage, must be obtained and filed with the Village before any work
shall commence under any permit issued pursuant to the provisions
of this section. 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, and specifically be primary to the Village's insurance,
for said period of time.
H.
Rules and regulations governing work.
(1)
All excavations, openings or closing of streets, ramps, sidewalks,
shoulders 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.
[Amended 9-3-2019 by L.L. No. 5-2019]
(2)
The following regulations shall apply:
(a)
Saw cut pavement, sides of excavation to be vertical with a
maximum width of two feet on each side of pipe or conduit.
(b)
Provide sheeting and shoring in all earth trenches deeper than
five feet.
(c)
No blasting will be permitted.
(d)
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.
(e)
The provision for plans can be waived by the Superintendent
of Public Works for repair work or temporary work.
(f)
All excavations must be properly barricaded and protected by
suitable lights in accordance with the regulations of the Village
or the requirements of the Superintendent of Public Works, including
this provision of provide street plates over trenches where required
by the Superintendent of Public Works.
I.
Excavations to be filled and covered upon completion of work.
(1)
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.
(2)
The following regulations shall apply:
(a)
Materials for fill shall consist of sand, gravel, crushed stone,
crushed gravel, or a mixture of these, and shall contain no organic
matter.
(b)
The fill shall contain no particles exceeding four inches in
the largest dimension.
(c)
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.
(d)
The field density shall be verified by an in-place density test
made on each lift by an approved testing laboratory employed by the
applicant.
(e)
Fill shall not be placed when frozen or placed on a frozen or
wet subgrade.
(f)
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.
(g)
This temporary pavement shall be maintained by the applicant
until the permanent pavement is installed.
(h)
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 Superintendent of Public Works or his or her designee upon
good cause shown in the judgment of same. The cost of the Superintendent
of Public Works' time in considering whether to grant such relief
shall be borne by the applicant.
(i)
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 farthest
from the edge of the pavement or as approved by the Superintendent
of Public Works his or her designee.
(j)
Street opening or excavation permitted by the Village Board pursuant to § 172-5E herein, despite being performed within five years of a public improvement, shall be restored by road edge to road edge, shoulder edge to shoulder edge, or curb to curb paving unless the Village Board determines otherwise upon the advice of the Superintendent of Public Works or his or her designee.
[Amended 9-3-2019 by L.L. No. 5-2019]
(k)
The permanent pavement is to be installed in accordance with
the specifications of the Village of Piermont. If no specification
is provided by the Village of Piermont, use the Town of Orangetown
standards.
(l)
Sidewalk and shoulder restoration shall be made in accordance
with the standards and specifications of the Superintendent of Public
Works.
[Amended 9-3-2019 by L.L. No. 5-2019]
(m)
All of the above are subject to approval by the Superintendent
of Public Works and/or the Consulting Engineer of the Village of Piermont.
J.
Liability for failure to comply. Failure to comply with the provisions
of this section shall render the contractor, the workers 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.
K.
Excavations by public utilities. Anything herein contained to the
contrary notwithstanding, where an excavation in a street, road, shoulder
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:
[Amended 9-3-2019 by L.L. No. 5-2019]
(1)
The utility shall apply for a permit from the Village of Piermont
for each excavation to be made. No permit shall be issued for any
excavation or opening in any street, road, shoulder 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 subdivision b of Section 2 of this local law.
(2)
The fee to be paid for each permit shall be set forth in the fee
schedule adopted by the Board of Trustees.[3] 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 coverages in
such amounts as determined by the Board of Trustees.
[3]
Editor's Note: Said fee schedule is on file in the Village
offices.
(3)
All excavations, openings and closing of streets, roads, shoulders
or sidewalks shall be made in accordance with rules and regulations
adopted by the Board of Trustees as set forth in this local law.
(4)
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.
L.
Violations and penalties.
(1)
Any person or entity who shall refuse or neglect to comply with any
provision of this section shall be guilty of a violation. Each and
every violation of this section 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.
(2)
In addition to all other remedies provided for herein, the Board
of Trustees may also enforce obedience to this section by injunction
or by any other remedy available to it by virtue of the judicial process.
M.
Enforcement. The Building Inspector and/or Code Enforcement Officer
of the Village of Piermont shall have the authority to issue appearance
tickets for violations of this section.
N.
Severability. The invalidity of any subsection, clause, sentence
or provision of this section shall not affect the validity of any
other part of this section which can be given effect without such
invalid part or parts.
A.
No person shall commence or carry on the grading or
paving of any street or sidewalk in the Village or the construction
or improvement of any streets, sidewalks, curbs or gutters, unless
such person or persons shall first obtain a permit therefor from the
Board of Trustees, signed by the Mayor and countersigned by the Village
Engineer.
B.
No such permit shall be issued unless the person applying
therefor shall:
Every person to whom a permit has been issued
for opening or altering the grade of any street, highway or public
place, for making any excavation therein, for placing or depositing
any materials thereon, for the purpose of developing property or for
the making of excavations therein for the erection or alteration of
any building shall provide such protection and safety measures as
are required by the street specifications of the Village of Piermont,
both as modified or amended, and, in addition, shall mark the location
thereof by a suitable barrier or fence upon which shall be hung a
sufficient number of such red lanterns, flares or other lighting devices
as are approved by the Superintendent of Public Works so as to adequately
apprise the public of the hazard. All such lanterns and other lighting
devices shall be lighted at least 1/2 hour before sundown on every
day and shall remain lighted until at least 1/2 hour after sunrise
the following morning.
