[Adopted 8-12-2008 by L.L. No. 6-2008]
For the purposes of this article, the following
terms shall have the meanings indicated:
Any means used or intended to be used to allow for vehicular
ingress or egress to a Village highway.
That part of the driveway that abuts a Village highway.
Any person, firm, partnership, corporation, association or
legal representative acting individually or jointly, including public
utility and transportation corporations.
The duly elected Superintendent of Highways of the Town of
Woodbury or any member of his department authorized to act on his
behalf.
The land included within the right-of-way of any street,
road, highway or lane that has been acquired by, dedicated to and
accepted by the Village of Woodbury, either formally or by actual
use by the public.
A.
No person shall open or excavate in any Village highway
or construct, reconstruct, alter or relocate any new or existing driveway
entrance or exit abutting a Village highway or cause the same to be
done for any purpose whatsoever until a permit therefor has been issued
by the Superintendent of Highways upon written application as provided
for in this article. A separate permit shall be required for each
such highway opening or driveway entrance or exit construction, reconstruction,
alteration or relocation.
B.
In the case of new construction of any structure which
shall be serviced by a driveway giving access to or from a Village
highway, the Code Enforcement Officer of the Village shall not issue
a building permit until a permit required by this article has been
issued.
A.
An application for a permit shall be made to the Superintendent
of Highways, in writing, and shall contain the following:
(1)
The name and address of the applicant.
(2)
The name and address of the owner of the property
upon which or in front of which the work is to be done.
(3)
A statement of the work to be done, including the
date to be commenced and completed.
(5)
Any additional information the Superintendent of Highways
may deem necessary to act on the application.
B.
An application shall be accompanied by the appropriate
application fee. A record of all applications and security deposits
shall be kept on file in the Village Building Department's office.
The application fee for a permit required by
this article shall be $50.
A.
In addition, the Superintendent of Highways may require
a bond in a form of money sufficient to repair or replace any work
done by the applicant. The bond shall be used by the Village to secure
the proper performance of the work, for allowing the permit to be
issued and for the replacement, repair or restoration of any part
of the Village highway in such a condition as may be required by the
Superintendent of Highways. Upon the issuance of a certificate of
completion, the Village shall refund the full amount of the security
deposit. The amount of the within bond shall be 2 1/2 times the
amount that is calculated by the Superintendent of Highways pursuant
to this subsection.
B.
In the event that the permittee shall fail, in the
judgment of the Superintendent of Highways, to satisfactorily perform
the work for which the permit is issued or to comply with any condition,
rule or regulation imposed or promulgated by the Superintendent of
Highways within 10 days after notice to him to so perform has been
served, the Superintendent of Highways shall use the security deposit
to satisfactorily complete the work or restoration of the Village
highway and place the same in a proper and safe condition for public
travel. The security deposit may also be applied against any costs,
liabilities or damage the Village may become liable for as a result
of the performance or lack thereof of the work covered by the permit.
Any balance remaining on hand after such expenditure by the Superintendent
of Highways shall be returned to the permittee forthwith.
A.
No permit shall be issued by the Superintendent of
Highways unless the applicant submits with his application a certificate
of insurance, issued by an insurance company authorized to do business
in the State of New York and in a form acceptable to the Village Attorney,
certifying that the applicant has in full force and effect a policy
of public liability insurance providing for bodily injury coverage,
including wrongful death, of no less than $300,000 for all such injuries
arising out of one accident and $100,000 for any one such injury and
$50,000 for any property damage. Such certificate shall also disclose
that the policy shall incorporate provisions as follows:
(1)
That the Village and Town of Woodbury is held harmless
from all claims, actions and proceedings brought against it for injury
to person or property resulting from or occasioned by such work of
the permittee.
(2)
That it shall not be canceled, terminated or modified
unless 10 days' prior written notice is given to the Village Board
by registered mail addressed to the Mayor and the Superintendent of
Highways.
(3)
That the presence of an inspector or engineer on behalf
of the Village of Woodbury at the site of such work shall not affect
the obligation of the insurer under the policy.
B.
No permit shall be valid unless such insurance is
in full force and effect during the entire term of the permit.
A.
The Superintendent of Highways shall review all applications
for a permit and either approve, disapprove or approve the same upon
certain conditions he believes are essential to the proper performance
of the work and the safety and well-being of the community or individuals
using the driveway or highway.
B.
In passing upon such applications, the Superintendent
of Highways shall take into consideration the safety and well-being
of the community and the public who shall use the Village highway
affected or to which a driveway shall give access, as well as the
safety and well-being of the individuals who shall use or be affected
by such driveway.
C.
A record of all permits issued shall be kept on file
in the Village Clerk's office.
Any work that shall take place within a Village
highway shall be completed with all possible dispatch. Such work shall
be performed in the manner and upon the conditions permitted by the
Superintendent of Highways, and, in addition, the permittee shall:
A.
Keep at least 1/2 of the Village highway open to vehicular
and pedestrian traffic at all times.
B.
Erect suitable safeguards and barriers surrounding
the work for the protection of persons and vehicles using the highway
in the daytime and shall cause the same to be marked by adequate lights
or flares from sunset to sunrise, conforming in kind and number to
requirements of the Superintendent of Highways. In the event that
any person shall fail in the opinion of the Superintendent of Highways
to adequately erect such safeguards and barriers, lights or flares,
the Superintendent of Highways shall revoke any permit previously
issued forthwith without any notice and proceed immediately to take
such steps as may be necessary to protect the public from injury.
He shall use the security deposit applicable to the permit revoked
to defray whatever costs he may incur in taking such action.
A.
All work for which a permit is issued shall be fully
completed within 10 days after the completion date slated in the application.
In the event that such work is not so completed, the Superintendent
of Highways may revoke such permit and effect the final completion
of the work. In such event the Superintendent of Highways shall apply
the amount of the security deposit against the cost of such completion.
In any event the permittee shall be personally liable for the full
cost of such completion.
B.
Upon satisfactory completion of the work and payment
of all fees and damages incurred, the Superintendent of Highways shall
issue a certificate of completion. In the case of new construction
of any structure which shall be serviced by a driveway giving access
to or from a Village highway, the Code Enforcement Officer shall not
issue a certificate of occupancy therefor until a certificate of completion
required by this article has been issued or the Superintendent of
Highways has informed the Code Enforcement Officer that he has completed
the work as authorized by this article.
C.
A permittee shall be obligated to maintain and repair all work covered by his permit for a period of six months from the date a certificate of completion is issued and shall be liable to the Village for any costs incurred by it in effecting such maintenance or repairs during such time. The security deposit required by § 269-21 shall be retained for a period of six months after the issuance of the certificate of completion to guarantee that such work is satisfactory.
A.
Any person who violates or causes or participates
in any violation of the provisions of this article or any rules, conditions
or regulations imposed or promulgated under the authority of this
article shall be deemed to have committed an offense.
B.
Every violation of the provisions of this article
or any condition, rule or regulation imposed or promulgated under
the authority of this article shall be considered a separate and distinct
offense, and, in the case of a continuing violation, every day's continuance
thereof after any required notice is given shall be deemed a separate
and distinct offense.
C.
A conviction of any such violation shall be punishable
by a fine not to exceed $250 for each violation or imprisonment for
a term not to exceed 15 days, or both.
