[Amended 7-20-2020 by L.L. No. 6-2020]
No person shall open up the surface pavement
or soil in any portion of public right of way, or alter the grade
of, dig or excavate in the roadbed, pavement or gutters of any street
whatever except upon compliance with the provisions herein, and no
person shall tunnel under the roadbed of any street, in whole or in
part, for any purpose.
[Amended 5-6-1991 by L.L. No. 5-1991; 9-16-2019 by L.L. No.
9-2019]
Except as provided in § 259-9 hereof, not less than 24 hours prior to the proposed time for such digging or excavating, application shall be made to the Superintendent of Public Works or their designee for a permit therefor. Such application shall state:
A.
The name of the applicant.
B.
The fact that the applicant is either a contractor licensed by the
Village or a utility corporation or a plumber or electrician licensed
by the Village or a person engaged in some business or occupation
whose work required such excavation to be made and whose name has
been approved by the Board of Trustees and placed on file with the
Superintendent of Public Works or their designee.
C.
The precise place where the applicant desires to dig or excavate,
with the distance from the nearest street intersection or from the
property abutting the street at the point proposed for excavation.
D.
The purpose of the excavation.
A.
Each application shall be accompanied by a cash deposit
with the Village Treasurer of a sum adequate to cover the cost of
restoring the street and its pavement, curb and gutter to a condition
which meets with the approval of the Superintendent of Highways, computed
in accordance with the schedule of such costs from time to time adopted
by the Board of Trustees.
B.
The Board of Trustees may dispense with said deposit
in the case of any public utility company furnishing service in the
Village.
C.
Unless otherwise agreed upon between a public-service
corporation and the Village, a public-service corporation may, in
lieu of the deposit hereinbefore specified for street openings, file
with the Village its agreement, approved as to form by the Village
Attorney, good until terminated by said public-service corporation
or the Village by resolution of its Board of Trustees, to pay the
cost of restoration of the street and its pavement, curb and/or gutter,
required by street openings made by said public-service corporation,
to a condition which meets the approval of the Superintendent of Highways
in accordance with the schedule of costs from time to time adopted
by the Board of Trustees, promptly after bills therefor are submitted
to said public-service corporation by the Village. The termination
of such agreement shall not release said public-service corporation
from its obligation therefor accrued thereunder.
A.
Each application shall be accompanied by a certificate
of insurance, in form approved by the Village Attorney, of an insurance
company authorized to do business in this state, running to the Village,
guaranteeing that the applicant has provided public liability coverage
as follows: for property damage, $1,000,000 per individual and $1,000,000
per occurrence; and for personal injury, $1,000,000 per individual
and $1,000,000 per occurrence, to save the Village harmless from all
claims, actions and proceedings brought by any person for death, bodily
injury or property damage resulting from or occasioned by any fault
or default by the person to whom the permit is issued or anyone acting
thereunder on his behalf. The policy shall also protect the Village
in the sum of $1,000,000 for any damage to the street, sidewalks,
curbs and/or gutters resulting from or occasioned by the deposit of
the materials or the acts or operations carried on with respect thereto.
[Amended 5-6-1991 by L.L. No. 5-1991]
B.
A public-service corporation may, in lieu of the insurance
hereinbefore specified for street openings, file with the Village
Treasurer its agreement, approved as to form by the Village Attorney,
good until terminated by said public-service corporation or by the
Village by resolution of its Board of Trustees, to indemnify and save
harmless the Village from claims, suits, actions, proceedings, losses,
injuries, damages and costs of every and any description arising out
of or resulting from any act or omission on the part of such public-service
corporation under any permit granted to it or from any negligence
or faults of such public-service corporation, its contractors, agents,
servants or employees in connection with sidewalk, curb or driveway
work or repairs or street openings or any work related thereto and
to also defend at its expense on behalf of the Village any suits,
actions or proceedings which may be instituted against the Village.
The termination of such agreement shall not release the obligation
of said public-service corporation to the Village theretofore accrued
thereunder.
A.
The following duties and obligations are imposed upon
each person receiving a permit under the provisions of this article:
[Amended 4-4-2011 by L.L. No. 3-2011]
(1)
Immediately
upon completion of the work and upon completion of the inspection
and approval of the work, the permittee shall backfill the excavation
with K-crete in conformance with the Village's typical trench detail.
(2)
The
permittee shall not permit the excavation to remain open longer than
is strictly necessary for the performance of the work which required
the excavation, but in no case shall the excavation remain open for
more than 30 days.
[Amended 12-2-2013 by L.L. No. 14-2013]
(3)
Should
the permittee fail to properly secure the excavation to a condition
acceptable to the Village Engineer and/or Superintendent of Public
Works or his/her designee, and after two hours' notice to the permittee
to correctly secure the excavation, the Village will secure the excavation
at the expense of the permittee, said cost to be deducted from the
deposit paid, and any deficiency remaining after such deduction shall
be paid on demand by the Village to the permittee. Should the Village
determine that the failure to properly secure the excavation poses
an immediate danger to the health and safety of vehicles and/or pedestrians,
the Village will secure the excavation at the expense of the permittee,
said cost to be deducted from the deposit paid, and any deficiency
remaining after such deduction shall be paid on demand by the Village
to the permittee.
[Amended 12-2-2013 by L.L. No. 14-2013[1]]
[1]
Editor’s Note: This local law also redesignated former
Subsection A(3) and (4) as Subsection A(4) and (5), respectively.
(4)
While
the excavation is wholly or partly open or when there exists a depression
below the surrounding grade or an elevation higher than such grade
because of excess backfill or for other reasons, the permittee shall
provide adequate safeguards to the public by erecting a barrier or
fence of distinctive type or color marking the outside limits of the
affected area and bearing warning signs distinguishable by day and
a barricade with flashing lights for the evening hours.
(5)
Should
the permittee fail to restore the pavement to a condition acceptable
to the Village Engineer and/or Superintendent of Public Works or his/her
designee, and after 10 days' notice is provided to the permittee to
correct the site of the restoration, the restoration of the pavement,
curb and/or gutter to as good condition as it was in prior to the
excavating shall be completed by the Village at the expense of the
permittee, to be deducted from the deposit made, and any deficiency
remaining after such deduction shall be paid on demand by the permittee.
(6)
The
permittee is responsible for the temporary repair of the trench. Temporary
trench repair is to consist of two inches of asphalt concrete placed
on top of the K-Crete backfill and level with the existing road surface.
Temporary trenches shall be widened a minimum of one foot beyond the
original cut or any crack developed from the adjacent pavement settling
because of the excavation.
[Added 7-20-2020 by L.L. No. 6-2020]
(7)
The
permittee is responsible for the permanent repair of the trench. All
final pavement restoration limits shall follow the guidelines depicted
in the minimum pavement restoration limits diagram attached to this
chapter.[2] Any road or row disturbance not specified in the guidelines
depicted in the minimum pavement restoration limits diagram attached
to this chapter shall be at the discretion of the Village Engineer
or Superintendent of Public Works or their designees and be in accordance
with Village of Tarrytown construction specifications and details.
Asphalt thickness and materials shall conform to the standard construction
details maintained by the Village Engineer and/or the Superintendent
of Public Works. The edges of all trenches shall receive a liberal
application of asphaltic emulsion to seal edges.
[Added 7-20-2020 by L.L. No. 6-2020]
[2]
Editor’s Note: Said guidelines are included as an attachment
to this chapter.
B.
As a condition precedent to receiving a permit hereunder,
the applicant shall sign an agreement, endorsed upon the permit, reading
substantially as follows:
[Amended 9-16-2019 by L.L. No. 9-2019]
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Applicant acknowledges that he has read the provisions of Chapter 259, Streets and Sidewalks, § 259-5, of the Code of the Village of Tarrytown, setting forth the duties and obligations imposed upon the permittee, and as a precedent condition to receiving this permit, applicant agrees to fully and faithfully perform and discharge each and every one of such duties and obligations.
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C.
A public-service corporation shall be permitted to
do the work of restoration of the pavement, curb and/or gutter to
a condition which meets the approval of the Superintendent of Highways
in connection with work done by said public-service corporation under
any permit issued by the Village.
The fee for each permit hereunder will be in
accordance with the schedule of street-opening fees adopted by the
Board of Trustees.[1]
[1]
Editor's Note: Such fees are on file and available
for inspection in the office of the Village Clerk during regular office
hours.
[Amended 12-2-2013 by L.L. No. 14-2013]
When there has been full compliance with the
provisions herein stated and no other valid objections have appeared,
the Superintendent of Highways will issue a permit to the applicant
therefor. Work associated with a permit so issued shall be commenced
and be completed within 30 days of the date of issuance of the permit.
Should the work not commence and be completed within the thirty-day
period, the permit shall automatically be deemed null and void, and
the permit fee shall be retained by the Village and not refunded to
the permit applicant or the person who paid the fee for the permit.
A new permit shall be applied for and a new permit fee paid for the
work declared null and void, pursuant to this section.
Each person to whom a permit is issued hereunder
must at all times have it available at the place of the excavation
and, upon demand, show it to the representative of the Village.
A.
Application.
(1)
In an emergency, such as the breaking of a main or
the stoppage of a sewer line or other condition calling for immediate
opening of a street to prevent loss or injury to property, application
may be made to the Superintendent of Public Works or their designee
or Building Inspector for an emergency permit, in person or by telephone,
and authority shall be granted to proceed with the necessary work
forthwith.
[Amended 5-6-1991 by L.L. No. 5-1991; 9-16-2019 by L.L. No.
9-2019]
(2)
In case of emergency due to the breakage of pipes or other cause, street openings may be made by a public-service corporation prior to obtaining a permit for a street opening; provided, however, that said public-service corporation shall have filed the required agreement in lieu of cash deposit and evidence of insurance or indemnity agreement as specified in §§ 259-3 and 259-4 of this article and provided further that said public-service corporation shall make application for the necessary street opening not later than 24 hours (Saturdays, Sundays and holidays not included) after said opening has been commenced.
B.
Notifying police. If such emergency develops during
hours when the Village office is closed, as during the night or on
holidays, notification thereof shall be made to the Police Department,
in person or by telephone, before proceeding with the street opening.
C.
Duties thereafter. It shall be the duty of every person who undertakes to open a street under the provisions of this section to place warning signs, lights and barriers to protect the public and, upon the first day of resumption of regular business at the Village office, to comply with the provisions of §§ 259-2, 259-3, 259-4, 259-5 and 259-6 hereof, or to be held in violation of this article.
[Amended 5-6-1991 by L.L. No. 5-1991; 12-2-2013 by L.L. No. 14-2013]
Except where otherwise noted, any person committing an offense against any provision of this chapter shall be guilty of a violation and upon conviction thereof shall be punishable for each offense by a fine of not less than $250 for the first offense, $500 for the second offense and no more than $1,000 for each offense thereafter or by imprisonment for not more than 15 days, or both. Every violation of any provision shall be a separate and distinct offense, and in the case of continuing violations, every day that the violation continues shall be and is deemed to be a separate and distinct offense. In addition, for the infraction of any provision hereof, any permit may be canceled and permission to do similar work may be withheld from the offender for a period of three months from the time of such violation. This penalty is in addition to and not in derogation of or in substitution for, the general penalties provided in Chapter 1, General Provisions, Article II.
