[Amended in its entirety 11-3-2008 by L.L. No. 11-2008[1]]
The Board of Trustees of the Village of Haverstraw 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.
A.
No excavation or opening shall be made in any street, road or sidewalk
in the Village of Haverstraw (unless a permit is first obtained from
the Village of Haverstraw) 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 for which a fee and deposit
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 or his designee.
[1]
Editor's Note: The fee schedule is on file in the Village
Clerk's office.
B.
No permit shall be issued, nor shall any excavation or opening be
made in any street, road or sidewalk 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.
D.
Fee schedule.
(1)
Street opening permit: $250 for each separate opening and the deposits
required in Subsection B(1) and (2) below.
(2)
Deposit for street opening: $250 or $5 /square foot, whichever is
greater, to be returned upon Village approval of final paving.
(3)
*Deposit for final paving trench work in excess of 25 feet in length,
regardless of width, to be returned upon Village approval of final
paving:
(a)
Roads paved within the last five years: Repave road, full width
at $1 per square foot (i.e., length of trench time width of road times
$1).
(b)
Roads paved more than five years ago: Repave road, 1/2 widths
at $1 per square foot (i.e., length of trench times .5 width times
$1).
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NOTE:
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*Deposits in Subsection B(3) above shall be in addition to the
deposit in Subsection B(2) above.
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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)
All openings shall be in accordance with the attached Village road
opening detail.
(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 Superintendent of Public
Works, the Building Inspector, or the Village Engineer for repair
work or temporary work.
All excavations must be properly barricaded and protected by
suitable lights in accordance with the regulations of the Village,
including:
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:
(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)
One year after the final permanent pavement is installed, the Village
will inspect the road surface at the site of the excavation repair.
In the event the final pavement has sunk, the permit holder, upon
notification, shall return and repair the sunken asphalt to street
level. A core test may be required to verify in-place density.
(5)
Fill shall not be placed when frozen or placed on 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 pavement is to be installed in accordance with the specifications
of the Village of Haverstraw which will be inspected by the Superintendent
of Public Works after 90 days has passed and, upon his approval, the
deposit will be released within 10 days. 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.
(9)
Prior to final pavement, overlay milling may 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 as outlined in Subsection B(10) and (11) below and approved by the Village Engineer or his or her designee.
(10)
Street opening or excavation being performed within five years or a public improvement permitted by the Village Board pursuant to § 200-17B shall be restored from 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). Restoration may include milling, upon the request of the Village Engineer, and shall include resurfacing.
(11)
Street openings or excavation performed after five years from
the prior public improvement of the road surface shall be restored
with a final paving 1/2 the width of the road (unless the Village
Board determines otherwise upon the advice of the Village Engineer
or his or her designee). Restoration may include milling, upon the
request of the Village Engineer, and shall include resurfacing.
(12)
The portion of deposits required for final paving may, on the
advice of the Village Engineer, be deposited in the Village's paving
account and the final paving waived on behalf of the permit holder.
(13)
Deposits for final paving of trench work shall be in addition
to the deposits required for road openings in general.
(14)
All of the above are subject to approval by the Superintendent
of Public Works, the Village Engineer or their designees.
C.
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 and for whom 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 by
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 Haverstraw 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 § 200-17B 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.[1] 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]
Editor's Note: Said fee schedule is on file in the Village
Clerk's office.
C.
Public utilities, when performing repair and upgrading at the request of the Village prior to its repaving of a particular street or sidewalk, shall not have to make the final paving deposit set forth in § 200-21B(12) and (13) above and shall not be required to install final paving which paving shall be done by the Village as part of its capital repaving program.
D.
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, if any, in addition to the rules and regulations
set forth above.
E.
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 Haverstraw Town 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, association, organization, corporation, company or business
entity who shall refuse, fail or neglect to comply with any provision
of this article shall be guilty of a violation, and each and every
violation of this article shall be punishable by a fine not to exceed
$5,000; which charge, under this article, shall be a petty offense
or infraction, and not a crime. The continuation or repeat of a violation
of, or failure to comply with, any provision of this article shall
constitute, for each occurrence that transpires or each day on which
the violation continues, a separate and distinct charge hereunder.
[Amended 10-17-2022 by L.L. No. 3-2022]
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 Superintendent of Public Works, or his designee, the Building
Inspector and/or Code Enforcement Officer of the Village of Haverstraw
shall have the authority to issue appearance tickets for violations
of this article.
