No person, firm or corporation, including public service companies
and municipalities other than the Village of Cornwall-on-Hudson, shall
make any excavation in any street, sidewalk or highway in the village
for any purpose without first obtaining a permit therefor from the
Village Clerk as hereinafter provided.
A.
Application for permits shall be filed in writing with the Village
Clerk upon application blanks which he shall provide in such other
manner as he shall from time to time prescribe. Applications shall
state the nature, location, extent and purpose of the proposed excavation.
B.
Applications by public service companies must be accompanied by a
general undertaking in such form as may be approved by the Board of
Trustees. Said general undertaking is tendered to assure that after
completing the excavation said applicant shall leave the street, highway,
sidewalk, pavement, curb or gutter in the same condition as it was
prior to the excavation.
C.
Applications by persons, firms or corporations other than public
service companies for excavations in the street, sidewalk or highway
must be accompanied by a minimum cash deposit of $500 or such greater
amount as the Board may establish with the Village Clerk or, in the
alternative, a surety company bond, to be approved by the Village
Attorney, to assure that after completing the excavation said applicant
shall leave the street, sidewalk, highway, pavement and curb or gutter
in the same condition as it was prior to excavation. In the event
that the applicant fails to repair or replace such sidewalk, pavement,
curb or gutter in the time provided in the permit, the deposit shall
be forfeited to the extent necessary to repair such surface as left
undone by the applicant.
Each applicant must pay a permit fee in an amount established
by resolution of the Board to the Village Clerk for each excavation,
except those for utility poles. However, no additional permit fee
will be charged under this chapter for any initial water tap or initial
sewer tap; and no permit fee will be charged in connection with new
construction where a building permit has been obtained.
A.
The applicant shall file with the Village Clerk a general liability
insurance policy or certificate of insurance naming the Village of
Cornwall-on-Hudson as an additional insured at the same time he files
his application for the permit. The Board of Trustees shall approve
the policy as to form.
B.
The policy shall insure the Village of Cornwall-on-Hudson and the
applicant and shall cover all operations relative to the excavation
and reconstruction thereof. Said policy shall have minimum limits
of liability at least of $100,000 for bodily injury to each person
and aggregate liability of at least $500,000 for each accident, and
property damage liability of at least $25,000 for each accident and
aggregate property damage of at least $100,000. The Board of Trustees
may establish greater minimum limits from time to time by resolution.
C.
In lieu of the aforesaid liability insurance, public service companies
may submit a general undertaking in such form as shall be approved
by the Board of Trustees.
The Street Superintendent may require any person making a sidewalk
or street excavation pursuant to a 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,
when such notice shall have been required, no work shall be commenced
or done under such permit until such required notice has been fully
complied with to the satisfaction of the Street Superintendent.
A.
Any person making an excavation covered by this Article shall erect
suitable barriers or guards for the protection of persons using the
streets or sidewalks and, in addition thereto, shall set up and maintain
during the hours of darkness sufficient lights or flares to properly
illuminate the area. Such person shall also take all necessary precautions
for the protection of the property of the village, of public service
companies or municipal districts and of others which may be endangered
by such excavation or the work incident thereto, and he shall comply
with all directions given by the Village Street Superintendent with
respect to such barriers, lights, flares and protective measures.
B.
Open excavation in the village used for commercial or industrial
purposes shall be enclosed with a substantial fence with suitable
gates.
A.
Work under the permit shall be commenced within 30 days from the
date of the issuance of the permit and continued in an expeditious
manner unless extension of this period is approved by the Village
Board.
B.
Construction.
(1)
When work is being performed on any village street or sidewalk, 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 village sidewalk, street or
road, contractors must complete final backfilling of any open trench
within 14 days from the time of its opening.
(2)
All pipes or mains crossing highway pavement shall, whenever possible,
be driven beneath the roadway without disturbance 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 future disturbance of the roadway pavement.
(3)
In the event that a trench is opened, the trench will be compacted
to within four inches of the road surface after completion of the
necessary work and construction. The existing asphalt surface shall
then be cut back at least 12 inches on either side of the undisturbed
subgrade.
(4)
At the discretion of the Village Street Superintendent, the contact
surfaces, the packed 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, which shall be four
inches of New York State Specification 6-8 hot plant mix. This course
shall be rolled with an eight- to ten-ton roller, and surface variations
in excess of 1/4 inch shall be eliminated or the pavement relaid.
(5)
If the trench work is in the earthen shoulder of the roadway, the
proper compaction, as outlined above, shall apply with the addition
of a covering of sod or grass seeding as specified by the Village
Street Superintendent.
C.
Traffic control. 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 equipment or materials shall be
left on the pavement after working hours, nor shall any construction
equipment or materials be placed in any way, manner or location that
will obstruct the highway or railroad warning signs. Barricades, whether
in sidewalk or roadway areas, shall have prominently displayed for
police convenience the address and telephone number of someone available
24 hours a day who shall reestablish the same in an emergency. Access
to adjacent property shall be maintained.
D.
Notification. The applicant will be responsible for notifying the
Village Street Superintendent 24 hours prior to street or sidewalk
opening and street or sidewalk closing.
