[Adopted 10-4-1971 by L.L. No. 1-1971 (Ch. 41 of the 1971
Code)]
A.
APPLICANT
CLERK
EMERGENCY
PERMITTEE
PERSON
STREET
VILLAGE
The following words, when used in this article, shall have the meanings
ascribed to them in this section, except in those instances where
the context clearly indicates otherwise:
Any person who makes application for a permit.
The duly enacted Clerk of the Village of Buchanan.
Any unforeseen circumstance or occurrence, the existence
of which constitutes a clear and immediate danger to persons or properties.
Any person who has been issued a permit and has agreed to
fulfill all the terms of this article.
Includes any natural person, partnership, firm, association,
utility, corporation or authority created pursuant to law. Whenever
used in any section prescribing and imposing a penalty, the term "person,"
as applied to associations, shall mean the partners or members thereof,
and as applied to corporations, the officers thereof.
Includes a public street, public easement, public right-of-way,
public highway, public alley, public way or public road accepted or
maintained by the Village.
The Village of Buchanan, County of Westchester, State of
New York.
B.
In this article, the singular shall include the plural, and the masculine
shall include the feminine and the neuter.
It shall be unlawful for any person to make a tunnel, opening
or excavation of any kind in or under the surface of any street without
first securing a permit from the Village for each separate undertaking;
provided, however, that any person maintaining pipes, lines or other
underground facilities in or under the surface of any street may proceed
with an opening without a permit when emergency circumstances demand
the work to be done immediately, provided that the permit could not
reasonably and practically have been obtained beforehand. The person
shall thereafter apply for a permit on the first regular business
day on which the office of the Clerk is open for business, and said
permit shall be retroactive to the date when the work has begun.
No person to whom a permit has been granted shall perform any
of the work authorized by such permit in any amount or quantity greater
than that specified in the permit, except that upon the approval by
the Clerk additional work may be done under the provisions of the
permit in any amount not greater than 10% of the amount specified
in the permit. Any deposit and bond posted in connection with the
original permit shall be deemed to cover any such additional work
as may be approved pursuant to this section within the limit mentioned
herein.
Work for which a permit has been issued shall commence within
10 days after the issuance of the permit thereof. If not so commenced,
the permit shall be automatically terminated. Permits thus terminated
may be renewed upon the payment of an additional permit fee as originally
required.
Permits are not transferable from one person to another, and
the work shall not be made in any place other than the location specifically
designated in the permit.
Every permit shall expire at the end of the period of time which
shall be set out in the permit. If the permittee shall be unable to
complete the work within the time specified, he shall, prior to expiration
of the permit, present in writing to the Clerk a request for an extension
of time, setting forth therein the reasons for the requested extension.
If, in the opinion of the Clerk, such an extension is necessary and
not contrary to the public interest, the permittee may be granted
additional time for the completion of the work.
All street openings required by utilities owned and/or operated
by the Village shall be made and restored under the direction and
supervision of the Clerk. The permit, fee, deposit, insurance and
bond requirements of this article shall not be applicable to any openings
made by such municipality owned and/or operated utilities.
The provisions of this article shall not be applicable in those
instances where the highway is maintained by the State of New York
or by the County of Westchester.
Every permit shall be granted subject to the right of the Village
or of any other person entitled thereto to use the street for any
purpose for which such street may lawfully be used, not inconsistent
with the permit.
A.
Any permit may be revoked by the Clerk, after notice to the permittee,
for:
(1)
A violation of any condition of the permit or of any provision of
this article.
(2)
A violation of any provision of any other applicable article or law
relating to the work.
(3)
The existence of any condition or the doing of any act constituting
or creating a nuisance or endangering the lives or properties of others.
A permittee may be granted a period of three days from the date of
the notice to correct the violation and to proceed with the diligent
prosecution of the work authorized by the permit before said permit
is revoked. Written notice of any such violation or condition shall
be served upon the permittee or his agent engaged in the work. The
notice shall contain a brief statement of the grounds relied upon
for revoking the permit. Notice may be given either by personal delivery
thereof to the person to be notified or by certified or registered
United States mail addressed to the person to be notified.
B.
When any permit has been revoked and the work authorized by the permit
has not been completed, the Clerk shall do such work as may be necessary
to restore the street or part thereof to as good a condition as before
the opening was made. All expenses incurred by the Village shall be
recovered from the deposit or bond the permittee has made or filed
with the Village.
It shall be the duty and responsibility of any applicant to:
A.
Make a written application for such permit with the Clerk on such
form as he shall prescribe. No work shall commence until the Clerk
has approved the application and plan and issued a permit and until
the permittee has paid and provided all fees, deposits, certificates
and bonds required by this article.
B.
Furnish in triplicate a plan showing the work to be performed under
said permit. If approved by the Clerk, one copy of such plan shall
be returned to the applicant at the time the permit is granted.
C.
Agree to save the Village, its officers, employees and agents harmless
from any and all costs, damages and liabilities which may accrue or
be claimed to accrue by reason of any work performed under said permit.
The acceptance of any permit under this article shall constitute such
an agreement by the applicant whether the same is expressed or not.
D.
If the work to be undertaken by the applicant is such that it will
affect the use of properties abutting or adjoining the project, the
applicant shall so notify the Clerk, and the Clerk shall provide the
applicant a list of the names and addresses of the owners and/or tenants
of such properties. Upon receipt of said list, the applicant shall
notify the affected property owners and/or tenants of the proposed
work, date and time that said work will be done and whether alternate
egress will be necessary. Said notice shall be made by certified
mail, return receipt requested, or by hand delivery by the applicant
to said affected property owners and/or tenants. Proof of service
of said notice shall be provided to the Clerk prior to the issuance
of a permit.
[Added 1-6-2014 by L.L. No. 2-2014]
E.
If the work to be undertaken by an applicant shall affect other subsurface
installations in the vicinity of the proposed opening, the applicant
shall also notify, in the manner set forth above, the owners of such
facilities of the proposed work.
[Added 1-6-2014 by L.L. No. 2-2014]
It shall be the duty and responsibility of any person receiving
a permit to:
A.
Pay a permit fee in an amount as set from time to time by resolution
of the Board of Trustees; provided, however, that public utilities
or authorities may elect to be billed monthly for such fees as they
accrue.
[Amended 2-7-2011 by L.L. No. 9-2011]
Alternative provisions where the Village does not restore the
opening are as follows:
C.
Submit, when required by the Clerk, a list of the owners and tenants
of all properties abutting the area where the work authorized by the
permit is to be performed.
D.
Present evidence that all materials, labor and equipment which are
needed to complete such work as authorized by the permit are available.
E.
Keep the original copy of the permit and an approved copy of the
plan at all times while the work is in progress at the location for
which said permit was granted and show such permit and/or plan upon
demand by the Village or police authorities.
The Clerk is hereby authorized and directed to adopt, from time
to time, such written regulations as may be necessary for the implementation
and enforcement of the provisions of this article. Such regulations
shall include but shall not be limited to:
A.
Limitations on the size of an opening.
B.
Restrictions for the protection of existing subsurface installations,
monuments and drainage systems.
C.
Requirements for the storage and removal of excavated materials.
D.
Designation of safety precautions to be taken by the permittee.
E.
Restrictions as to the periods of day when the work may be performed.
F.
Requirements for backfilling, inspecting and restoring of openings.
Any regulations adopted by the Clerk shall become effective
within 30 days after submission to the Village Board unless the regulations
are disapproved by the Village Board within the thirty-day period.
The regulations or amendments adopted by the Clerk and approved
by the Village Board shall be published once in the official newspaper
of the Village. Copies of the published regulations also shall be
made available in the office of the Clerk.
[Amended 2-7-2011 by L.L. No. 9-2011]
The Clerk, upon receipt of a properly completed application,
shall determine the amount of the deposit to be made by the permittee;
provided, however, that the deposit shall not be less than an amount
as set from time to time by resolution of the Board of Trustees. The
deposit shall be paid at the time the permit is received, and the
deposit shall be used to reimburse the Village for the cost of any
work and materials furnished by it in connection with the work authorized
by the permit, to cover all necessary inspections of said work and
for any such other purpose set forth in this article.
The deposit may be either in the form of a certified treasurer's
or cashier's check or in lawful money of the United States.
If any deposit is less than sufficient to pay all costs, the
permittee shall, upon demand, pay to the Village an amount equal to
the deficiency. If the permittee fails or refuses to pay such deficiency,
the Village may institute an action to recover the same in any court
of competent jurisdiction until such deficiency is paid in full. No
additional permits shall be issued to such permittees.
Whenever any public utility or authority shall anticipate more
than one street opening or excavation per calendar year, such utility
or authority may post one deposit in an amount and form as provided
for the calendar year or part thereof to cover the cost of any and
all work.
The Clerk is authorized to establish a schedule of charges for
inspections, labor, materials and such other expenses as may be incurred
by the Village in meeting the requirements of this article. The schedule
shall be open to public inspection in the office of the Clerk upon
demand.
The decision of the Clerk as to the cost of any work done or
repairs made by him or under his direction, pursuant to the provisions
of this article, shall be final and conclusive as to such cost.
Upon notification by the permittee that all work authorized
by the permit has been completed and after restoration of the opening,
the Clerk shall refund to the permittee his deposit, less all cost
incurred by the Village in connection with said permit. In no event
shall the permit fee be refunded.
[Amended 2-7-2011 by L.L. No. 9-2011]
Each applicant, upon the receipt of a permit, shall provide
the Village with an acceptable corporate surety bond conditioned for
compliance with the street opening specifications of the Village and
the provisions of this article. The Clerk shall determine the amount
of the bond, and it shall be in relation to the cost of the restoration
of the pavement cut to be made by the permittee; provided, however,
that the minimum amount of the bond shall not be less than an amount
as set from time to time by resolution of the Board of Trustees. The
term of each bond shall begin from the completion date of the permanent
restoration of the opening by the Village and shall terminate upon
the receipt by the permittee of a certificate of final inspection
from the Clerk. If the permittee anticipates requesting more than
one permit a year, he may file a continuing corporate surety bond
conditioned for compliance with the specifications of the Village
and the provisions of this article in such amount as the Clerk deems
necessary. The amount of such bond shall be in relation to the cost
of restoring pavement cuts to be made by the permittee throughout
the year.
Each applicant, upon the receipt of a permit, shall provide
the Village with an acceptable corporate surety bond to guarantee
faithful performance of the work authorized by a permit granted pursuant
to this article. The amount of the bond shall be 100% of the estimated
cost of restoring the street opening. The term of the bond shall begin
upon the date of posting thereof and shall terminate upon the receipt
by the permittee of a certificate of final inspection from the Clerk.
If the permittee anticipates requesting more than one permit per year
as required by this article, he may furnish one continuing corporate
surety bond to guarantee faithful performance in such amount as the
Clerk deems necessary. The amount of such bond shall be in relation
to the cost of restoring pavement cuts to be made by the permittee
throughout the year.
Whenever the Clerk shall find that a default has occurred in
the performance of any term or conditions of the permit, written notice
thereof shall be given to the principal and to the surety on the bond.
Such notice shall state the work to be done, the estimated cost thereof
and the period of time deemed by the Clerk to be reasonably necessary
for the completion of such work.
After receipt of such notice, the surety must, within the time
therein specified, either cause the required work to be performed
or, failing therein, indemnify the Village for the cost of doing the
work as set forth in the notice.
Each applicant, upon the receipt of a permit, shall provide
the Village with an acceptable certificate of insurance indicating
that he is insured against claims for damages for personal injury
as well as against claims for damage which may arise from or out of
the performance of the work, whether such performance be by himself,
his subcontractor or anyone directly or indirectly employed by him.
Such insurance shall cover collapse, explosive hazards and underground
work by equipment on the street and shall include protection against
liability arising from completed operations. The amount of the insurance
shall be prescribed by the Clerk in accordance with the nature of
the risk involved; provided, however, that the liability insurance
for bodily injury in effect shall not be in an amount less than $100,000
for each person and $300,000 for each accident and for property damages
and an amount not less than $50,000, with an aggregate of $100,000,
for all accidents. Public utilities and authorities may be relieved
of the obligation of submitting such certificate if they are insured
in accordance with the requirements of this article.
When the Village shall improve or pave any street, the Village
Clerk shall first give notice to all persons owning property abutting
on the street about to be paved or improved and to all public utilities
and authorities operating in the Village, and all such persons, utilities
and authorities shall make all connections as well as any repairs
thereto which would necessitate excavation of the street, within 30
days from the giving of such notice. The time shall be extended if
permission is requested in writing and approved by the Village after
consultation with the Village Clerk and Engineer.
No permit shall be issued by the Clerk which would allow an
excavation or opening in a paved and improved street surface less
than five years old unless the applicant can clearly demonstrate that
public health or safety require that the proposed work be permitted
or unless an emergency condition exists.
If, by special action of the Clerk, a permit is issued to open
any paved and improved street surface less than five years old, a
penalty charge shall be made for the opening, except that the penalty
shall be waived in the event that the work is of an emergency nature.
The penalty charge shall be on a sliding scale and shall be equal
to 2% of the cost of restoring the opening for each elapsed month
or fraction thereof of the five-year restricted period.
A.
Every person owning, using, controlling or having an interest in
pipes, conduits, ducts or other structures under the surface of any
street used for the purpose of supplying or conveying gas, electricity,
communication impulses, water or steam to or from the Village or to
or from its inhabitants or for any other purposes shall file with
the Clerk, within 120 days after the adoption of this article, a map,
or set of maps, each drawn to a scale of not less than one inch to
200 feet, showing the location, size and description of all such installations.
B.
Within 30 days after the first day of January of each and every year,
such person shall file with the Clerk a corrected map or set of maps,
each drawn to a scale as above, showing such installations, including
all those made during the previous year; provided, however, that if
no additions have been made to its installation during the previous
year, a utility or authority may file with the Clerk a written statement
to that effect, within the period of time specified above. A utility
or authority may, at its own option, elect to provide corrected atlas
sheets throughout the year as they are available rather than proceed
as above noted.
C.
Each map herein required shall be accompanied by an affidavit, endorsed
thereon, to the effect that the same correctly exhibits the details
required to be shown by this section.
A.
Whenever any pipe, conduit, duct, tunnel or other structure located
under the surface of any street, or the use thereof, is abandoned,
the person owning, using, controlling or having an interest therein
shall, within 30 days after such abandonment, file with the Clerk
a statement in writing giving in detail the location of the structure
so abandoned.
B.
Each map, or set of maps, filed pursuant to the provisions of this
article shall show in detail the location of all such structures abandoned
subsequent to the filing of the last preceding map or set of maps.
C.
When the Village plans to pave or improve streets in which there
are abandoned facilities, the owner of such facilities shall be notified
to remove them if, in the opinion of the Board of Trustees, their
removal is in the best interest of the Village. If their owner shall
refuse to remove such facilities, the Village shall remove the abandoned
facilities, and the owner shall reimburse the Village for such approval.
[Added 1-6-2014 by L.L. No. 2-2014]
Members of the Police Department and/or the Building Inspector
and/or the Highway Department of the Village of Buchanan shall administer
and secure compliance with this article as may seem proper or required
in the circumstances, including the removal of obstructions to roadways
and property to allow for ingress and egress.
[1]
Editor’s Note: Former § 167-45, Notices to property
owners and tenants, was repealed 1-6-2014 by L.L. No. 2-2014.
The Clerk shall notify, in writing, the Village police and fire
authorities of all street opening permits he grants. Such notification
shall state the nature of the work to be done, proposed beginning
and completion dates and the location of such project.
[Amended 1-6-2014 by L.L. No. 2-2014]
Any person violating any of the provisions of this article or
any regulations and specifications adopted thereunder shall, upon
conviction before the Justice of the Village, or any Justice having
jurisdiction, be sentenced to pay a fine of not less than $500 nor
more than $2,000 for each offense and costs of prosecution and, in
default of payment of said fine and costs, to imprisonment for a period
not exceeding 30 days. Each day that a violation is permitted to exist
after notice in writing shall have been served by the Clerk shall
constitute a separate offense.
