[HISTORY: Adopted by the Board of Trustees of the Village of West Haverstraw 2-21-2018 by L.L. No. 1-2018. Amendments noted where applicable.]
GENERAL REFERENCES
Public property — See Ch. 176.
Streets and sidewalks — See Ch. 208.
Vehicles and traffic — See Ch. 237.
A. 
It shall be unlawful for any utility or municipal corporation to make an excavation in or disturb the surface of any Village street, road, sidewalk, public right-of-way road, or other Village property for the purpose of installing or repairing sewer, water, drainage, gas, telephone, cable television or other utilities, or for any other reason, without a permit, in writing, from the Village Superintendent of Public Works. A separate permit shall be required for each and every road opening.
B. 
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 business day the applicant shall make proper application for a permit in the same manner as if there had been no emergency.
C. 
Openings are not permitted on Saturdays, Sundays or holidays, unless an emergency exists, such as a water leak, gas leak or sewer stoppage.
D. 
Permits shall have a thirty-day duration unless for a large project, in which case any longer duration is to be approved by the Superintendent of Public Works or his designee, in advance, upon a showing deemed acceptable by same. If work is not completed within the permit period applicant must apply for an extension, in an amount established by resolution of the Village Board. No extension of a permit granted for work between November 15 and April 1 shall be granted, except for good cause shown.
A. 
To obtain a permit, an application must be made, in writing, on a form provided by the Village, signed by a duly authorized officer of the utility.
B. 
Applications must be submitted at least five business days prior to the opening, unless an emergency exists.
C. 
There will be an application fee for each permit in an amount established by resolution of the Village Board and set forth in Chapter A255, Fees.
D. 
Before a permit shall be issued the applicant may be required to deposit with the Village, as security for the proper performance of the work, cash or a certified check in an amount to be determined by the Superintendent of Public Works based on the size, type and location of the opening. Upon completion and approval of the final wearing surface, this deposit will be refunded, or, at the applicant's request, retained for future projects.
E. 
In addition to the application fee, the various other fees and charges imposed by the Village for permits, inspections and related matters under this chapter shall be established by resolution of the Village Board and set forth in Chapter A255, Fees. The charges set forth in Chapter A255, Fees, shall be estimated by the Superintendent of Public Works based on the information set forth in the permit application, and paid prior to the issuance of the permit. Such fees/charges shall be re-evaluated and, if required, any additional sum shall be paid immediately after the opening has been completed, and upon certification by the inspector of size and compliance. The final fee shall be based on an opening at least six inches larger than the length and width of the actual opening.
In making the excavation, the permittee shall preserve the roadway from unnecessary destruction and shall cause the excavation, installation or repair of utility facilities and backfilling to be one continuous operation.
The permittee shall maintain safe and adequate crossings along the line of opening and keep the opening properly guarded by suitable barricades and warning signs, and provide flagmen and detour signs where necessary during the day and by barricades and lights at night.
If the permit work requires the excavation of the full width of the road, only 1/2 of the road shall be opened at any point in time, which half shall be properly backfilled before the other half is opened so as to permit the free flow of traffic. In some cases it may be possible to open on each side of the road and jack or drive a pipe from one opening to the other. This should be done whenever possible. The road must be kept open to traffic at all times and the utility or its contractor shall take all necessary precautions for the safety of the traveling public, whenever necessary supplying flagmen, lights, barricades, signs, etc. A permit to close the road to traffic will only be issued in the most unusual circumstances, and a permit allowing closure shall expressly provide for such condition.
Tunneling or mechanical methods of boring under the road for service installations may be permitted only on written approval of the Village Superintendent of Public Works, or his designee.
A. 
All backfill must be with a pervious material such as stone screening, second-grade crushed stone, sand, run-of-bank gravel or other pervious material acceptable to the Village. Soils containing a high percentage of clay, loam or silt shall not be used. The backfill material shall be moistened and mechanically tamped until thoroughly compacted. All excess material shall be removed from the roadway.
B. 
Upon completion of the backfill, a temporary pavement shall be provided. Such temporary pavement shall be maintained by the applicant until the permanent pavement is installed.
A. 
The utility or its contractor shall restore all road openings in accordance with the methods and procedures set forth in this chapter, or in any regulations reasonably established hereunder, and, thereafter, shall maintain such areas for a period of not less than two years, performing such additional work as may be necessary to make good any deficiencies that may develop due to settlement, shrinkage or other causes. The two-year maintenance period shall start from the date the permanent restoration has been made and approved.
B. 
Permanent pavement shall be installed prior to November 15 for openings, except upon application to, and with the prior approval of, the Superintendent of Public Works or his designee.
C. 
Any street opening or excavation performed within eight years of a road restoration project by the Village shall require permittee restoration from road edge to road edge or curb to curb, except upon application to, and approval by, the Village Board. Restoration may include milling, if reasonably necessary to restore the condition of the road to that which existed before the street opening or excavation, and shall include resurfacing. As used in this § 209-8, the term "road restoration project" shall include road projects that have improved or restored a village road, or portion thereof, by means of milling and paving, paving, micro-seal, crack sealing, or equivalent processes.
[Amended 10-4-2023 by L.L. No. 8-2023]
D. 
Any street opening or excavation performed more than eight years after a road restoration project by the Village shall require permittee restoration to 1/2 the width of the road, except upon application to, and approval by, the Village Board. Restoration may include milling, if reasonably necessary to restore the condition of the road to that which existed before the street opening or excavation, and shall include resurfacing.
[Amended 10-4-2023 by L.L. No. 8-2023]
E. 
In its discretion, the Village may relieve the permittee of the obligation to mill and pave, or to pave, as may be required by this section, where the Village and the permittee enter into an agreement, pursuant to which the permittee pays to the Village the cost of restoration. In such event, the permittee shall have no further maintenance responsibility for the areas opened or excavated, except as may result from the work performed by the permittee.
F. 
All temporary and permanent restorations, including methods and materials, shall be performed in accordance with regulations adopted by the Superintendent of Public Works, as approved by the Village Board.
Shoulder trenches shall be replaced with a pervious material to within six inches of the surface. The final six inches shall consist of second-grade crushed stone thoroughly rolled to the contour of the road.
In the event the permittee shall make any opening or excavation, such permittee shall be responsible for any damage or injury that may occur as a direct result of such opening or excavation from the time of the opening through and including the two-year maintenance period.
Before any road opening permit shall be issued, the utility or municipal corporation will be required to file with the Village adequate and satisfactory evidence that it, and any contractor it utilizes, is covered by public liability insurance with limits of not less than $2,000,000, and $2,000,000 excess, for bodily injury, and $500,000 for property damage, naming the Village, its officers, employees and agents as additional insured thereon. In the event the utility or municipal corporation is self-insured, it may submit, in lieu of the above required coverage, documentation of such self-insured status, together with an indemnification in favor of the Village, its officers, employees and agents, both in a form approved by the Village. In addition to liability insurance, the permittee and its contractor shall provide adequate evidence of workers' compensation and disability coverage, in form and amounts required by law. Said certificates of insurance shall be reviewed and approved by the Village Attorney.
No opening permits shall be issued between November 15 and April 1 (the "winter months"), unless an emergency exists which may pose a danger to the public health, safety or welfare to persons or property. Because proper restoration cannot generally be made during the winter months, the following rules and regulations will pertain during this period:
A. 
The backfill of all trenches or openings made during the winter months shall only be with screenings, second-grade crushed stone or pre-approved run-of-bank gravel, and if the opening is in shoulder, the last nine inches shall be made with second-grade crushed stone thoroughly rolled to the contour of road. If the opening is in pavement, there shall be placed in the trench six inches of one-and-one-half-inch crushed stone, dust bound, and surfaced with three inches of compacted bituminous concrete. No rocks larger than five inches in any direction or frozen dirt shall be placed in the trench as backfill.
B. 
Notwithstanding anything which may appear to the contrary in this chapter, or the permit application and regulations, the applicant, by accepting the 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 and the further period of maintenance.
By accepting a permit, and performing work thereunder, the utility, or municipality if it is employing its own forces for the road opening covered by the permit, and its contractor, if the work is being done by contract for the municipality or municipal agency, agrees to indemnify and hold harmless the Village, its officers, employees and agents from any and all claims, injuries, damages, causes of action or other liability of any kind whatsoever, including attorneys' fees, action resulting from any negligence or fault of the permittee, its agents or servants in connection with the work covered by the permit.
A. 
All utilities or municipal corporations proposing to install or repair sewer, water, drainage, gas, telephone, cable television or other utilities in, on or over any street, sidewalk or any public right-of-way in the Village, or otherwise dig in or open the same, shall be responsible for reviewing the Village's list of streets and sidewalks scheduled for repair or reconstruction, to be maintained by the Department of Public Works, and shall make provision to undertake and complete any such work, except emergency work, that might result in the opening or use of any such street, sidewalk or public right-of-way, prior to or during the construction of the project undertaken by the Village.
B. 
Except as otherwise set forth in § 209-8, no opening permit shall be issued, nor shall any excavation or opening be made, in any street, sidewalk or any public right-of-way, in which a road restoration project by the Village has been completed within five years prior to the date of the application for such permit unless the Village Board, by resolution, shall approve the issuance of such permit. In such a circumstance, the Village Board may impose whatever conditions and additional charges it deems necessary in the granting of such permit.
No person, firm, corporation, municipality or other entity shall enter upon or perform any work in or upon any Village street or right-of way, or construct any overhead or underground crossing thereof, or lay or maintain therein drainage, sewer, gas or water pipes underground, except under such conditions and regulations as may be prescribed by the Village Superintendent of Public Works, as approved by the Village Board, in violation of which such person or entity shall be liable to a fine of not less than $250 nor more than $1,000 for each day, or portion of day, such violation shall occur.
A. 
It shall be unlawful for any person, firm, corporation or other entity to make an excavation in or disturb the surface of any Village street, sidewalk, public right-of-way, or other Village property for the purpose of installing or repairing sewer, water, drainage, gas, telephone, cable television or other utilities, or for any other reason, without a permit, in writing, from the Village Superintendent of Public Works. A separate permit shall be required for each and every road opening.
B. 
In addition, any excavation within the road or right-of-way for the installation or replacement of driveway aprons, sidewalks or curbs, or any occupancy of the sidewalk or street area will require a permit.
C. 
The area of opening under this permit is limited to 10 square yards.
A. 
To obtain a permit, an application must be made, in writing, on the form provided and signed by the applicant undertaking the work.
B. 
Applications must be submitted at least five business days prior to the opening, unless an emergency exists.
C. 
There will be an application fee for each permit in an amount established by resolution of the Village Board and set forth in Chapter A255, Fees.
D. 
Before a permit shall be issued the applicant may be required to deposit with the Village, as security for the proper performance of the work, cash or a certified check in an amount to be determined by the Superintendent of Public Works based on the size, type and location of the opening. Upon completion and approval of the final wearing surface, this deposit will be refunded, or, at the applicant's request, retained for future projects.
E. 
In addition to the application fee, the various other fees and charges imposed by the Village for permits, inspections and related matters under this chapter shall be established by resolution of the Village Board and set forth in Chapter A255, Fees. The charges set forth in Chapter A255, Fees, shall be estimated by the Superintendent of Public Works based on the information set forth in the permit application, and paid prior to the issuance of the permit. Such fees/charges shall be re-evaluated and, if required, any additional sum shall be paid immediately after the opening has been completed, and upon certification by the inspector of size and compliance. The final fee shall be based on an opening at least six inches larger than the length and width of the actual opening.
Before any opening permit will be issued, the permittee or their contractor will be required to file with the Village adequate and satisfactory evidence that each is covered by public liability insurance with limits of not less than $2,000,000, and $2,000,000 excess, for bodily injury, and $500,000 for property damage, each naming the Village, its officers, employees and agents as additional insured thereon, and that under this coverage, it will guarantee to indemnify the parties named above. In addition to liability insurance, the permittee and its contractor shall provide adequate evidence of workers' compensation and disability coverage, in form and amounts required by law. Said certificates of insurance shall be reviewed and approved by the Village Attorney.
Wherever the word "Village" is used in these regulations, it shall also mean the Village of West Haverstraw Department of Public Works and/or the Village Superintendent of Public Works, or his representative.
A. 
A deposit of either cash or certified check, made payable to "Village of West Haverstraw," is required at the time the permit is applied for.
B. 
Such deposits shall be in an amount as shall be established by resolution of the Village Board and set forth in Chapter A255, Fees.
The Village shall inspect the opening at the time of opening, prior to backfilling, and upon temporary and permanent restoration, and at various intervals during the work, as deemed reasonable by the Superintendent of Public Works. A fee shall be charged for each such inspection. The applicant shall specify on the application the date the excavation is to be made. If the permittee fails to open the road on the date specified, unless the Village office is notified the day before, inspection fees will be charged for every day failed to do so. However, no openings shall be made on Saturdays, Sundays or holidays unless an emergency exists such as a water or gas leak or sewer stoppage.
In making the excavation the permittee shall preserve the roadway from unreasonable destruction and shall cause the excavation, installation or repair of utility and backfilling to be one continuous operation.
The permittee shall maintain safe crossings along the line of opening and keep the same property guarded by suitable barricades and warning signs, and provide flagmen and detour signs where necessary during the day and by barricades and lights at night.
If the permit work requires the excavation of the full width of the road, only 1/2 of the road shall be opened at any point in time, which half shall be properly backfilled before the other half is opened so as to permit the free flow of traffic. In some cases it may be possible to open on each side of the road and jack or drive a pipe from one opening to the other. This should be done whenever possible. The road must be kept open to traffic at all times and the utility or its contractor shall take all necessary precautions for the safety of the traveling public, whenever necessary supplying flagmen, lights, barricades, signs, etc. A permit to close the road to traffic will only be issued in the most unusual circumstances, and a permit allowing closure shall expressly provide for such condition.
Tunneling or mechanical methods of boring under the road for service installations may be permitted only on written approval of the Village Superintendent of Public Works, or his representative.
A. 
All backfill must be with a pervious material such as stone screening, second-grade crushed stone, sand, run-of-bank gravel or other pervious material acceptable to the Village. Soils containing a high percentage of clay, loam or silt shall not be used. The backfill material shall be moistened and mechanically tamped until thoroughly compacted. All excess material shall be removed from the roadway.
B. 
Upon completion of the backfill, a temporary pavement shall be provided. Such temporary pavement shall be maintained by the applicant until the permanent pavement is installed.
In the event the Village is required to make temporary and permanent restoration of pavement, due to the failure of the permittee to do so, as directed by the Superintendent of Public Works, the Village may do so at the expense of the permittee.
A. 
The permittee shall restore all road openings in accordance with the methods and procedures set forth in this chapter, or in any regulations reasonably established hereunder, and, thereafter, shall maintain such areas for a period of not less than two years, performing such additional work as may be necessary to make good any deficiencies that may develop due to settlement, shrinkage or other causes. The two-year maintenance period shall start from the date the permanent restoration has been made and approved.
B. 
Permanent pavement shall be installed prior to November 15 for openings, except upon application to, and with the prior approval of, the Superintendent of Public Works or his designee.
C. 
Any street opening or excavation performed within five years of a road restoration project by the Village may require permittee restoration from road edge to road edge or curb to curb, except upon application to, and approval by, the Village Board. Restoration may include milling, if reasonably necessary to restore the condition of the road to that which existed before the street opening or excavation, and shall include resurfacing.
D. 
Any street opening or excavation performed more than five years after a road restoration project by the Village may require permittee restoration to 1/2 the width of the road, except upon application to, and approval by, the Village Board. Restoration may include milling, if reasonably necessary to restore the condition of the road to that which existed before the street opening or excavation, and shall include resurfacing.
E. 
In its discretion, the Village may relieve the permittee of the obligation to mill and pave, or to pave, as may be required by this section.
F. 
All temporary and permanent restorations, including methods and materials, shall be performed in accordance with regulations adopted by the Superintendent of Public Works, as approved by the Village Board.
Shoulder trenches shall be replaced with a pervious material to within six inches of the surface. The final six inches shall consist of second-grade crushed stone thoroughly rolled to the contour of the road.
In the event the permittee shall make any opening or excavation, such permittee shall be responsible for any damage or injury that may occur as a direct result of such opening or excavation from the time of the opening through and including the two-year maintenance period.
If the work of opening and/or restoration is to be performed by a contractor, the contractor must first file with the Superintendent of Public Works adequate and satisfactory evidence, in the form of a certificate of insurance, that he is covered by public liability insurance in the amounts of $1,000,000 to $2,000,000 and $500,000 for property damage, and that under this coverage, or by separate policies in the above amounts, the Village of West Haverstraw is named and fully indemnified. The contractor must also file with the Superintendent of Public Works adequate and satisfactory evidence that he is fully covered for workers' compensation insurance. Said certificates of insurance shall be reviewed and approved by the Village Attorney.
If the permittee shall not have received permission to restore the pavement, the Village will restore the pavement excavated, and the deposit made by the permittee shall be used in defraying the expense of making such restoration, the inspection cost and the permanent maintenance of such opening. A refund will be made to permittee of any balance remaining of the deposit made. Such refund shall be made through the regular Village voucher within six months after the opening has been restored.
No opening permits will be issued between November 15 and April 1 unless an emergency exists which may pose a danger to the public health, safety or welfare, or to property. In the event an emergency exists and permits are necessary, the deposits will be doubled and the fees 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.
A. 
The backfill of all trenches during the winter period shall only be made with screenings, second-grade crushed stone or approved run-of-bank gravel, and if the opening is in shoulder, the last nine inches shall be made with second-grade crushed stone thoroughly rolled to contour of road. If the opening is in pavement, there shall be placed in the trench six inches of one-and-one-half-inch crushed stone, dust bound, and surfaced with three inches of compacted bituminous concrete. No rocks larger than five inches in any direction or frozen dirt shall be placed in the trench as backfill.
B. 
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 safe 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.
By accepting a permit, and performing work thereunder, the permittee and its contractor, if the work is being done by contract, agrees to indemnify and hold harmless the Village, its officers, employees and agents from any and all claims, injuries, damages, causes of action or other liability of any kind whatsoever, including attorneys' fees, action resulting from any negligence or fault of the permittee, its agents or servants in connection with the work covered by the permit.
No person, firm, corporation, municipality or other entity shall enter upon or perform any work in or upon any Village street or right-of-way, or construct any overhead or underground crossing thereof, or lay or maintain therein drainage, sewer, gas or water pipes underground, except under such conditions and regulations as may be prescribed by the Village Superintendent of Public Works, as approved by the Village Board, in violation of which such person or entity shall be liable to a fine of not less than $250 nor more than $1,000 for each day, or portion of day, such violation shall occur.