[Adopted 1-11-2017 by L.L. No. 2-2017]
This article is enacted to regulate the manner in which excavations may be made in or under the streets, highways, sidewalks and public places in the Village of Wappingers Falls to protect the health, safety and welfare of the public during periods of excavations and to ensure the quality and safety of Village thoroughfares. In this regard, the Village has enacted the following sections which are intended to replace §§ 74-13 through 74-15 of the Code of the Village of Wappingers Falls. Upon passage of this article, §§ 74-13 through 74-15 are repealed.
No person, firm, corporation or other legal entity, except officials
and employees of the Village of Wappingers Falls in the conduct of
their official duties or contractors employed by the Village of Wappingers
Falls, shall open or cause to be opened by cutting or excavating the
surface or soil of any Village street, highway, public place or sidewalk
without first obtaining a permit therefor issued by the Village Highway
Superintendent or their designee.
An application for an excavation permit for a Village street,
highway, public place or sidewalk shall be made to the Village Highway
Superintendent upon a form to be provided for that purpose. The application
shall require the name and address of the applicant and shall identify
the party on whose behalf the work is to be performed; the location
of the property; a description of the work, including the proposed
burying and installation process; the size and purpose of the excavation
to be made; description of traffic control plans; the dates when the
work is to be performed; the type of pavement of surface to be disturbed;
the materials to be used in replacement and a description of the restoration
process, together with detailed plans showing the location of the
work to be performed along with technical drawings showing the utility
to be buried; and such additional information as the Village Highway
Superintendent may require.
A.
The applicant shall be liable to the Village for any expenses incurred
by the Village to correct deficiencies in the site or to bring the
site into compliance with specific permit conditions.
B.
The Village may correct any work performed that does not comply with
the conditions of the approved permit, and the charges therefor shall
be charged against the applicant's bond or security deposit. The applicant
shall remain liable for any expenses in excess of the bond or security
deposit, and the Village may commence an action against the applicant
to collect same, together with associated costs, including, without
limitation, attorneys' fees.
A.
Bonds; insurance.
(1)
Except as otherwise provided herein, no permit shall be issued unless,
as a condition precedent thereto, the applicant shall have filed with
the Village Clerk an indemnity bond naming the Village as a beneficiary
or public liability insurance naming the Village as an additional
insured, providing the following limits of liability:
(2)
The indemnity bond or insurance policy shall be endorsed to eliminate
the exclusion of underground damage and shall provide for broad form
property damage coverage.
(3)
The indemnity bond or insurance policy shall provide that the Village
will be held harmless from any loss, injury or damage arising out
of action taken pursuant to the permit or as a result of any negligence
or fault or action of the applicant, his or her contractor, servants
or agents in connection with the work to be performed. A provision
shall guarantee payment for all the costs and expenses made or incurred
by the Village, its officers, agents and employees in defending any
action brought against the Village by reason of any action taken pursuant
to said permit. The indemnity bond or insurance policy shall additionally
provide that all work shall be performed in accordance with the conditions
of the permit and all applicable laws, rules, and regulations applicable
thereto.
(4)
The indemnity bond or insurance policy shall be approved by the Village
Highway Superintendent and/or the Village Attorney for conformity
with the provisions of this article. The bond or insurance policy
shall not be deemed to limit the applicant's legal liability for actions
taken or arising out of the issuance of the permit.
(5)
Each indemnity bond or insurance policy shall specifically provide
coverage to the Village for a period of one year after the completion
of the work performed under such permit.
B.
Except as otherwise provided herein, no permit shall be issued unless,
as a condition precedent thereto, the applicant shall have deposited
with the Village Clerk a performance bond in the amount set forth
on the Village Highway Work Permit Schedule, adopted from time to
time by the Village Board. The performance bond shall be paid in cash,
by bank or certified personal check. The performance bond shall be
retained as security for the faithful performance by the entity of
all terms and conditions of any permit issued to it. The Village shall
return to the applicant all moneys on deposit 30 days after completion
of all work, less any moneys expended by the Village Highway Superintendent
to correct deficiencies in the applicant's performance of the permit
specifications.
C.
Referral to consultants.
(1)
If, upon review of an application for a permit pursuant to this article, the Village Highway Superintendent determines that because of the magnitude and/or complexity of the work proposed, the potential liability to the Village may exceed the limits set forth in Subsections A and B above, or the form of bond submitted by the applicant differs from the forms previously approved by the Village, the Village Highway Superintendent may refer any such application to the Village's engineers, attorneys or other consultants (collectively "consultants") for review and consideration. Prior to any such referral, the applicant shall submit an additional $500 as an initial deposit, to be held in escrow by the Village. The applicant shall replenish the escrow account as may be necessary to cover the actual and reasonable expense of the Village for the completion of any review pursuant to this Subsection C.
(2)
If, following review of the application and related materials, the
consultant(s) determine that additional insurance or security is reasonably
required to protect the Village from and against damage or liability
resulting from issuance of the permit or work performed in connection
therewith, then the applicant shall be required to post such additional
insurance or security prior to issuance of the permit.
A permit as provided for in this article shall be required to
replace, change, alter, raise, lower or cut a curb, sidewalk or gutter
or to excavate a public place and shall be granted under the same
terms and conditions as are otherwise applicable to excavations hereunder,
provided that where such work is to be begun and completed within
one day, the Village Highway Superintendent may grant a permit without
requiring a bond or policy of insurance. Such exceptions shall not
apply to excavations more than six inches in depth below the surrounding
surface or where such excavation is made between the gutter and the
curbline in any major highway or where barricades will be required
by this article or by the Village Highway Superintendent to protect
the public.
In case of emergency, a temporary written permit may be granted
by the Village Highway Superintendent, who shall report the granting
and issuance of such temporary emergency permit and the reason for
granting the same to the Village Board at its next regular meeting.
An emergency, within the meaning of this article, shall include only
the location and repair of water or gas leaks or other dangerous and
wasteful conditions, but shall not include any condition of which
the time element alone shall be the grounds thereof. Any public service
corporation which has a bond filed, as herein required, may proceed
to excavate, locate and repair any leak or other dangerous condition
upon discovery without waiting for such emergency permit, but shall
apply for and receive such emergency permit before refilling such
excavation and in all other ways shall comply with the requirements
herein set forth.
A.
All work shall be performed in compliance with the requirements of
this article, and any other applicable laws, regulations or policies
of the Village of Wappingers Falls, State of New York or otherwise.
B.
In advance of the start of any physical work, the contractor shall
be responsible for contacting underground utilities at 1-800-245-2828
and comply with all requirements set forth by Dig Safely New York
pursuant to 12 NYCRR 53 (Industrial Code Rule 53).
C.
All work performed under a permit shall be completed as expeditiously
as possible. The Village Highway Superintendent shall be notified
within four hours of the completion of work under any permit. If work
is completed on a Saturday, Sunday or holiday or at the close of the
business day, then the completion of the work shall be reported within
four hours after the office of the Highway Superintendent is open
for the transaction of regular business. The applicant shall remain
responsible to maintain barricades, warning lights and other required
warning devices until the Superintendent has completed the repair
of the excavation or until released from such obligation by the Highway
Superintendent. Except in emergency situations, no work shall be commenced
on a Friday or the day before a legal holiday unless written permission
is obtained from the Highway Superintendent.
D.
During construction, the Highway Superintendent may order the applicant
to stop work if the work being performed does not comply with conditions
of the approved permit.
E.
Any work performed that does not comply with the conditions of the
approved permit may be corrected using Village forces (Highway Department)
and charged against the applicant's performance bond.
F.
Anyone working within the Village's highway right-of-way shall wear,
at a minimum, an ANSI Class II safety vest. Where there is a threat
of falling objects, a hard hat must also be worn.
G.
Anytime work is being performed within the Village's highway right-of-way,
work zone traffic control signs must be used in accordance with the
current New York State Manual on Uniform Traffic Control Devices.
H.
Any damage caused to the Village's infrastructure shall be repaired
or replaced by the applicant, at the applicant's expense, to the Highway
Superintendent's satisfaction. Failure to satisfactorily correct any
such damage shall be a violation of the permit, and the Village shall
be entitled to perform any corrective work and seek reimbursement
as provided for herein.
I.
In an emergency, when a permit cannot first be obtained because the
office of the Highway Superintendent is closed, proper excavations
may be made, provided that an application for a permit as required
herein shall be obtained within four hours after the office of the
Highway Superintendent is opened. An emergency shall be deemed to
exist when failure to take prompt action may result in danger to the
life or property of the public. In the event of an emergency, the
Village Superintendent may issue a permit immediately, requiring only
such information as he or she deems necessary.
J.
During excavations, a serviceable portion of any thoroughfare shall
be kept open for travel and the applicant shall, upon the direction
of the Highway Superintendent, provide one or more flagpersons to
direct the flow of traffic. The Highway Superintendent may require
a detour be established and maintained by the applicant.
K.
All installations along the edge of a road must be kept as far as
possible from the edge of pavement or driving lane.
L.
The laying of cable/conduit over any culvert/drainage pipe shall
be prohibited.
M.
All pavement crossings must be done perpendicular to the center line
of pavement with boring/directional drilling being the preferred method
over open cut.
N.
All cables/conduits must be buried to a minimum depth of 24 inches.
O.
Caution tape must be placed 12 inches above the cable/conduit prior
to backfill completion.
P.
No equipment or open trenches may remain in the right-of-way overnight.
Q.
Notice of intent to dig must be given to the Highway Department no
less than 48 hours prior to commencing work unless excavation is for
an emergency repair, in which case an application and fees paid shall
be done as soon as possible.
R.
Open cut trenches crossing paved areas shall be filled with a minimum
thickness of three inches of compacted asphalt or, if the existing
pavement is thicker than three inches, to a depth that matches existing
pavement thickness.
S.
Excavations shall not be performed between December 1 and April 1,
unless authorized by the Highway Superintendent or in the event of
an emergency.
T.
Upon completion of the work and prior to return of any security,
the applicant shall provide the Highway Superintendent with complete
and accurate as-built plans.
A.
All projects shall be inspected during the course of work by the Village Highway Superintendent to assure the Village that construction operations are in conformity with general specifications and standards and with any special conditions imposed in the issuance of the permit. Inspection fees shall be charged as provided in § 132-29 below.
B.
All excavation, trenching and backfilling operations shall conform
to the New York State Department of Transportation (NYSDOT) Standard
Specifications.
C.
All excavation, trenching and backfilling operations for which a
permit shall have been issued hereunder shall be backfilled in compacted
layers of clean, NYSDOT Item 4 (304.12) in a good and workmanlike
manner and shall be adequately resurfaced with surfacing similar to
the surrounding surfacing as required by the Village Highway Superintendent
and in conformance with Figures 1 and 2[1] of this article.
[1]
Editor's Note: Figures 1 and 2 are included as an attachment to this chapter.
A.
Upon the issuance of a permit, the applicant shall properly barricade
the area of proposed excavation and shall place and maintain windproof
lights and such signs and warning devices as are reasonably necessary
to protect the public. The Village Highway Superintendent shall have
the power to impose such additional terms and conditions as will provide
for the public health, safety and welfare under the particular circumstances
of each permit. If the applicant fails to comply with the provisions
of this article, any conditions attached to its permit and/or the
directions of the Village Superintendent, the Village Superintendent
may, as the agent of the applicant, install such devices and take
such action as he or she deems necessary. The applicant shall be liable
for any expenses incurred by the Village under such circumstances.
B.
Access to adjoining property shall be maintained at all times and
fire hydrants shall be left clear for base connections during time
of construction on existing roads. At no time shall the length of
excavated trench exceed 1,000 feet, and the flow of traffic shall
not be impeded during periods of construction where at all possible.
The road shall be left in a passable condition at the end of each
day's work, with appropriate safety and warning devices in place and
operational.
A.
The Highway Superintendent shall have the right to revoke or cancel
any permit at any time should the applicant fail to comply with the
terms and conditions thereof or with the terms and conditions of this
article.
B.
In the event any permit shall be revoked, the excavation shall be
immediately refilled by the applicant under the direction of the Village
Highway Superintendent, whether the contemplated work is completed
or not.
No excavation permit shall be issued except upon the payment
of a fee to defray the administrative costs of this article. The permit
fee shall not be refundable for any reason. This permit application
fee is in addition to any other charge imposed hereunder. The permit
fee shall include up to three inspections of the work by the Village:
initial site visit, prepaving inspection and final inspection. If
additional site inspections are required by the Highway Superintendent,
a fee of $75 per inspection may be assessed and charged against the
permitee's performance bond, at the discretion of the Highway Superintendent.
Inspection fees shall be deducted from the security deposit prior
to permit close-out and return of security, if applicable.
A.
All work performed under such permit shall be performed as expeditiously
as possible, and all excavations shall be refilled as soon as possible
and within the time limit for which such permit shall have been issued.
In the event any excavation shall remain unnecessarily open or is
allowed to remain open after the expiration of said permit, the Village
Highway Superintendent shall cause such excavation to be filled and
report the cost thereof to the Village Board, who shall recover said
amount from the applicant.
B.
All work shall be commenced within 90 days of permit issuance. Failure
to commence work within 90 days shall result in expiration and forfeiture
of such permit.
C.
All work shall be completed within one year of permit issuance. Any
permit issued hereunder shall automatically expire on the one-year
anniversary of issuance unless renewed following payment of all applicable
fees.
A.
Any person who shall violate any provisions of this article shall
be guilty of an offense and shall be subject to a fine of not more
than $1,000 or to imprisonment for not more than 15 days, or both.
Every violation of any provision of this article shall be a separate
and distinct violation, and in the case of a continuing violation,
every day's continuance thereof shall be a separate and distinct offense.
B.
In addition to any other remedies set forth herein authorizing the
Village to enforce the provisions of this chapter establishing penalties,
and setting forth additional remedies, the person charged with the
responsibility to enforce the provisions of this chapter may impose
civil fine or agree to a civil alleged violator may appeal to the
Village Board.
