[HISTORY: Adopted by the Town Board of the Town of Haverstraw: Art. I, 4-25-1977 as L.L. No. 1-1977 (Ch. 11 of the 1966 Code); Art. II, 11-13-1990 as L.L. No. 14-1990. Sections 147-1, 147-4 and 147-14A amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
[Adopted 4-25-1977 as L.L. No. 1-1977 (Ch. 11 of the 1966 Code)]
No civil action shall be maintained against the Town of Haverstraw or Town Superintendent of Highways for damages or injuries to person or property sustained by reason of any highway, sidewalk, bridge or culvert being defective, out of repair, unsafe, dangerous or obstructed unless written notice of such defective, unsafe, dangerous or obstructed condition of such highway, sidewalk, bridge or culvert was actually given to the Town Clerk or Town Superintendent of Highways and there was a failure or neglect within a reasonable time after the giving of such notice to repair or remove the defect, danger or obstruction complained of; but no such action shall be maintained for damages or injuries to person or property sustained solely in consequence of the existence of snow or ice upon any highway, sidewalk, bridge or culvert unless written notice thereof, specifying the particular place, was actually given to the Town Clerk or Town Superintendent of Highways and there was a failure or neglect to cause such snow or ice to be removed or to make the place otherwise reasonably safe within a reasonable time after the receipt of such notice.
The Town Superintendent of Highways shall transmit in writing to the Town Clerk, within five days after the receipt thereof, all written notices received by him pursuant to this Article and Subdivision 2 of § 65-a of the Town Law. The Town Clerk shall cause all written notices received by him or her pursuant to this Article and Subdivision 2 of § 65-a of the Town Law to be presented to the Town Board within five days of the receipt thereof or at the next succeeding Town Board meeting, whichever shall be sooner.
This Article shall supersede in its application to the Town of Haverstraw Subdivisions 1 and 3 of § 65-a of the Town Law.
[Adopted 11-13-1990 as L.L. No. 14-1990]
This Article shall be known and may be cited as the "Street/Sidewalk Excavations Local Law."
The Town Board of the Town of Haverstraw, in conjunction with the Superintendent of Highways, has assumed the responsibility, pursuant to New York State law, for the maintenance, repair and general improvement of the streets, roads and sidewalks which have been dedicated to the Town of Haverstraw for use by the public at large.
Further, the Town Board acknowledges that at periodic times and for various reasons it may become necessary for such streets, roads and sidewalks to be excavated for the purpose of performing work thereunder. Such work is normally performed by either a local utility company or private excavation companies.
Therefore, the Town Board of the Town of Haverstraw has determined that guidelines and fees must be established to control the method and procedure for such excavations as well as the cost of administering the same.
No person, firm or corporation shall make any excavation in any town street, filed map street, highway or sidewalk in the unincorporated Town of Haverstraw for any purpose without first obtaining a permit therefor from the Superintendent of Highways of the Town of Haverstraw, pursuant to the conditions established hereinbelow.
A written application shall be filed with the Superintendent of Highways upon a form which he shall provide or in such other manner as he shall prescribe, which application shall state the nature, location, extent and purpose of the proposed excavation.
Applications by applicants other than public-service companies or municipal districts must be accompanied by a surety or escrow money, the amount of which shall be determined by the Superintendent of Highways, depending upon the type and nature of the work involved, which amount is to be deposited with the Town of Haverstraw to assure that, after completing the excavation, said applicant leaves the street, highway or sidewalk, pavement, curb or gutter in a condition satisfactory to the Superintendent of Highways.
Where it is estimated that the work will exceed $250, the applicant must make an additional deposit of 10% of the cost of the estimated work in excess of said $250. The Superintendent of Highways, at his discretion, may require a bond for 100% of the estimated cost of the project. Upon completion of said excavation, moneys deposited hereunder are to be returned to the applicant, provided that all or part have not been expended pursuant to this subsection.
Public-service companies and/or municipal districts shall be excluded from the above surety/escrow money requirement.
Upon compliance with the foregoing requirements, a permit shall be issued by the Superintendent of Highways of the Town of Haverstraw.
Each non-public-service company or municipal district applicant shall be bound by the following fee schedule:
Typical three-foot (plus or minus) by five-foot (plus or minus) opening: fee of $50.
One-half road opening: fee of $150.
Full road opening: fee of $300.
Longitudinal opening along length of roadway: $1 per square foot.
Additional fee of $25 per inspection until opening is capped and accepted.
Driveway opening permit: no fee.
All non-public-service company applicants shall file with the Superintendent of Highways a general liability insurance policy or certificate of insurance naming the Town of Haverstraw as an additional insured at the same time as the filing of the application for a permit. The policy shall insure the Town of Haverstraw and the applicant and shall cover all operations relative to the excavation and reconstruction. The limits set forth in the policy shall be as follows:
The applicant shall indemnify, save and hold harmless the Town of Haverstraw from and against all suits or claims which may be based upon any injury to or death of any person or persons or damage to property, to the extent such injury, death or damage occurs during and as a result of this agreement by the applicant, by a third person or their representatives and whether or not it shall be claimed that said injury, death or damage was caused through a negligent act or omission of the applicant, and the applicant shall, at its own expense, defend any and all such actions and shall, at its own expense, pay all charges of attorneys and all costs and other expenses arising therefrom or incurred in connection therewith, and if any judgment shall be rendered against the town in any such action or actions, the applicant shall, at its own expense, satisfy and discharge the same.
The Superintendent of Highways requires any person excavating pursuant to the permit granted hereunder to give notice of such excavation to public-service companies or municipal districts having lines, mains or other property in the streets, and no work shall be commenced or done under such permit until such requirements of notice have been fully complied with under the rules of the Public Service Commission.
Any person making an excavation covered by this Article shall erect suitable barriers or guards for the protection of persons using the streets and sidewalks and, in addition thereto, shall set up and maintain during the hours of darkness sufficient lights or flares to properly illuminate the area and shall also take precautions for the protection of the property of the town and of public-service companies or municipal districts and others which may be endangered by such excavations or the work incident thereto and shall comply with all directions given by the Superintendent of Highways with respect to such barriers, lights, flares and/or protective measures.
Commencement of work. Work under the permit shall be commenced within 30 days from the date of permit or the permit will be null and void (unless extension of this period is approved by the Superintendent of Highways), and such work shall continue in an expeditious manner. The permit fee will not be refunded if the permit becomes null and void.
When working on any town street, road or highway, no pavement cuts or trenches are to be left unfilled overnight, except in emergencies, and in such cases adequate precautions must be exercised to protect traffic.
When working on any town street, road or highway, contractors must complete final backfilling (see Subsection E below).
All pipes or mains crossing highway pavements that have been resurfaced or built within five years of permit application shall, wherever possible, be driven beneath the roadway without disturbance to the pavement. The point of driving shall not be less than five feet from the edge of the pavement. Such crossover pipes shall, whenever possible, be enclosed in sleeves or larger pipes so that repairs or replacements may be made in the future without further disturbances of the roadway pavement.
If the boring method in the driving of crossover pipes is found to be impracticable, the Superintendent of Highways shall be consulted to determine the manner of placing the pipe by the opencut method. This request is to be made in writing to the Highway Superintendent and may be granted by the Superintendent upon such conditions as he deems necessary and proper under the circumstances.
The Superintendent of Highways may require that special conditions be met as he deems necessary in conjunction with work performed within the town right-of-way under this permit. Such special conditions will be made known to the applicant on the permit or attachment thereto.
Restoration of excavation; temporary patching. Upon completion of the final backfilling, the trench will be brought to within two inches of the road level and then paved with two inches of asphaltic concrete and shall be maintained to the same grade as any adjacent pavement.
Procedure for final backfilling. Item four shoulder stone or one-and-one-half-inch stone will be used and the trench will be compacted in twelve-inch lifts either by vibratory soil compactors or by suitable hydraulic compaction by water jetting at three-foot intervals. (Excavated material is not to be utilized as backfill.)
Final pavement replacing.
Asphalt. The temporary two-inch thickness of asphalt shall be removed. The trench will be compacted to within five inches of the road surface and the existing asphalt surface shall then be cut back at least 12 inches on either side of the undisturbed subgrade on a straight line. At the discretion of the Highway Superintendent, the contact surfaces, the patched surfaces and/or adjacent pavement edges shall be painted and sealed with approved bituminous and/or bluestone material before or after placing the course of asphalt. The asphalt shall be installed in two lifts at the discretion of the Superintendent of Highways. The base lift shall be three inches of a binder course (Type 3) Standard Specification of the State of New York and a two-inch lift of (Type 7) Standard Specification of the State of New York. This course shall be rolled with an eight- or ten-ton roller, and surface variations in excess of one-fourth (1/4) inch shall be eliminated or the pavement relaid.
Final pavement replacing must be completed within 30 days of temporary patching or within such additional time as may be authorized by the Highway Superintendent, at his discretion, upon application.
Shoulder areas. If the trench work is in the earthen shoulder of the roadway, then proper compaction as outlined in Subsection E above will apply, with the addition of a covering of sod or grass seeding as specified by the Highway Department.
Maintenance and protection of traffic. Traffic is to be maintained at all times during the progress of work. Adequate signs, barricades and lights necessary to protect the public shall be provided. Flagmen to direct traffic shall be employed continuously during periods when only one-way traffic can be maintained or when equipment is operated back and forth across the pavement area.
No construction materials or equipment shall be left on the pavement after working hours, nor shall any construction equipment or materials be placed in any manner or location that will obstruct highway or railroad signs.
Barricades, whether in sidewalk or roadway area, shall have prominently displayed, for police convenience, the address and telephone number, of twenty-four-hour availability, of someone who will reestablish the same in an emergency.
Access to adjacent properties shall be maintained.
Notification. The applicant will be responsible to notify the Highway Department 24 hours prior to street opening and closing.
Preconstruction meeting. The Superintendent of Highways may, at his discretion, require a meeting with the applicant and other involved parties before construction may begin.
Applicants shall notify the Superintendent of Highways when work has been completed, after which an inspection will be made by the Superintendent of Highways or his duly authorized agent, and, upon approval of the work, a release will be granted to the applicant. The Superintendent of Highways may require as part of the release inspection that standard tests be performed by an independent testing agency. The cost of such tests will be the responsibility of the applicant. Until the granting of such release, the applicant shall remain liable for proper guarding and protection of its trenches. Public utility companies and/or municipal districts shall be responsible for maintenance of their trenches.
In the event that the applicant fails to repair or replace such pavement, sidewalk, curb or gutter within the time provided in the permit, the Superintendent of Highways will assess the damage and report the same to the Town Board. The Town Board may thereafter pay to the Superintendent of Highways, out of the moneys deposited, a sufficient sum of money to repair or replace said street, highway or sidewalk, pavement, curb or gutter or other improvements.
If a condition exists that in the judgment of the Superintendent of Highways threatens public safety, the Superintendent of Highways shall do whatever is necessary to remedy the situation and deduct the cost of labor and material from the bond submitted by the contractor. In the alternative, the Superintendent of Highways may enter into a contract with the applicant for the Highway Department to complete the pavement, sidewalk, curb, gutter or other improvements for a mutually agreed upon sum.
The Superintendent of Highways may require such additional improvements as he deems necessary and appropriate for the health and safety of the public and to ensure proper construction procedures on the town roads and rights-of-way.
Any person, firm or corporation violating any provisions of this Article shall be guilty of an offense punishable by a fine or imprisonment, or both; however, for the purpose of confirming jurisdiction upon courts and judicial officers, such violation shall be deemed a misdemeanor and, for such purposes only, all provisions of law relating to misdemeanors shall apply to such violations. In lieu of the foregoing, any person violating any provisions of this Article shall be subject to a penalty in the sum of not more than $500 for the first violation and $1,000 for subsequent violations, such penalties to be recovered in a civil action in the name of the Town of Haverstraw.
The application of the above penalty shall not be held to prevent the enforced removal of the prohibited conditions.