[Adopted 2-7-1994 by L.L. No. 1-1994]
The Board of Trustees of the Village of Airmont finds the need and declares it to be the public policy of the Village of Airmont to regulate the opening or excavation of any public street, sidewalk or road, for the maintenance of the health, safety and welfare of the residents of the Village of Airmont and to prevent a public nuisance or public hazard.
A. 
No excavation or opening shall be made in any street, road or sidewalk in the Village of Airmont unless a permit is first obtained from the Village of Airmont 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 Building Inspector or the Village Engineering Consultant.
[1]
Editor's Note: See Ch. 106, Fees and Deposits.
B. 
No permit shall be issued, nor shall any excavation or opening be made in any street, road or sidewalk within a subdivision in which public improvements have been completed within five years prior to the date of application for such permit unless the Board of Trustees, by resolution, approves the issuance of such permit based upon unusual circumstances which have been proven by the applicant or her representative to the satisfaction of the Board. The Board of Trustees may impose whatever conditions it deems necessary in the granting of such permit.
C. 
Upon any application for excavation, opening of any street, road or sidewalk or movement of any earth, soil, debris or other substance which creates a cavity, depression, hole or crater (as measured from ground level), the developer or the person(s) causing such depression shall barricade, light and otherwise make safe the area where such excavation or opening of any street, road or sidewalk exists to prevent any foreseeable dangers to the public.
[Added 8-7-2006 by L.L. No. 8-2006]
(1) 
Nothing herein is intended to minimize or diminish any requirements contained in § 177-17, and this subsection is explicitly intended to enlarge the requirements on applicants seeking permits hereunder.
D. 
Each subdivider or developer shall be required to furnish and install such fencing, guardrails and/or barricades or any other protective device necessary to prevent a hazardous condition from existing. Any such fencing, guardrails and/or barricades shall be constructed and maintained so as to provide sufficient height and material to provide safety to the general public as a result of any depressions created.
[Added 8-7-2006 by L.L. No. 8-2006]
Public liability insurance naming the Village as loss payee against liability for all negligence and other acts of the applicant in such amounts and such company or companies as may be approved by the Board of Trustees, and in such form as is approved by the Village Attorney, must be obtained and filed with the Village prior to any work being commenced under any permit issued pursuant to the provisions of this article. Such insurance shall remain in full force and effect for a minimum of one year after completion of the work to be performed. Additionally, applicant shall hold the Village harmless against any claim for damages for said corresponding 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 in some form or fashion to the permit.
B. 
The following regulations shall apply to all permits.
(1) 
Saw cut pavement, sides of excavation to be vertical with a maximum width of two 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 Building Inspector 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 this provision:
A. 
Provide street plates over trenches where required by the Building Inspector.
B. 
Provide flagmen when working in traffic lane to direct traffic around work site.
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 organic particles exceeding four inches in the largest dimension.
(3) 
Fill shall be placed and compacted at its optimum moisture content, in uniformed layers not more than 12 inches thick (after compacting) and each layer shall be thoroughly compacted to a density not less than 95%.
(4) 
The field density shall be verified by in-place density test made on each lift by approved testing laboratory employed by applicant.
(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) 
The permanent pavement is to be installed in accordance with the specifications of the Village of Airmont. If no specifications of the Village of Airmont, use the Town of Ramapo standards.
(9) 
All of the above are subject to approval by the Building Inspector and/or the consulting engineer of the Village of Airmont.
Failure to comply with the provisions of this article shall render the contractor, the workmen who made the excavation, the owners in front whose premises and excavation has been 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 Airmont 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 days prior to the date of application for such permit except in accordance with § 177-14B 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) 
The Village Board has determined that letters of credit and/or annual performance bonds shall be maintained in the appropriate amounts by the following utility companies:
[Added 3-1-2010 by L.L. No. 1-2010]
United Water
$50,000
Orange and Rockland Utilities
$50,000
Cablevision
$20,000
Verizon
$20,000
[1]
Editor's Note: See Ch. 106, Fees and Deposits.
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 § 177-17 and §§ 177-14B, 177-164B and 177-18B 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 Ramapo Police Department and the next day the applicant shall make proper application for a permit in the same manner as if there had been no emergency.
E. 
Failure of a public utility company to secure and maintain the letter of credit or performance bond as outlined in § 177-20B(1) may be sufficient grounds for refusing the issuance of a roadway opening permit application.
[Added 3-1-2010 by L.L. No. 1-2010]
A. 
Any person who shall refuse or neglect to comply with any provision 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 any combination thereof. 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, Building Inspector, and/or Code Enforcement Officer of the Village of Airmont shall have the authority to issue appearance tickets for violations of this article.