[Added 4-29-2020 by L.L.
No. 3-2020]
No opening or excavation by cutting, digging or otherwise, subsequently herein referred to as an "operation," shall be made, commenced or carried on, in or under any street, highway, sidewalk, sidewalk area or public place in the Town of North Castle for any purpose whatsoever, except as hereinafter provided in Article III of this chapter, until a written permit therefor has been duly issued as herein provided, and in accordance with the procedures set forth in § 271-14 hereof, and in compliance with §§ 271-15 and 271-16 hereof.
The provisions of this article shall be applicable to any and
all operations being worked at the time this article shall become
effective. No operation shall be extended in area after the effective
date of this article without first securing a permit therefor in accordance
with the provisions of this article.
Public utility companies making 12 applications or more per
year may, in lieu of the deposit hereinafter mentioned, deposit with
the Town of North Castle a bond or a surety company bond approved
as to form, manner of execution and sufficiency by the Town Board
of the Town of North Castle, which bond shall be retained as security
for the faithful performance by the applicant of all the terms, agreements,
covenants and conditions of the permit on the applicant's part to
be done or performed, which said bond shall be in an amount to be
determined by the Highway General Foreman, but in no case shall the
face amount of the bond be less than $10,000.
Any city, village, town, public improvement district or other
municipality may, in lieu of making the cash deposit hereinafter mentioned,
file with the Highway General Foreman a certified copy of a resolution
duly adopted by the governing board of such municipality, which said
resolution shall guarantee faithful performance by said municipality
of all the terms, agreements, covenants and conditions as set forth
in the permit. Said resolution shall be effective for the remainder
of the calendar year in which it is adopted.
If it becomes necessary in case of an emergency or any unforeseen
happening to enter upon a Town road for the purpose of making emergency
repairs to any sewer, water pipe, conduit or other underground or
overhead structure, any person, firm, corporation, public utility
or municipal subdivision may do so forthwith, provided that within
24 hours of the time of making such opening (Sundays or holidays not
included), proper application for a permit is made therefor.
In any residence district, no operation authorized under this
article shall be permitted on Saturday or Sunday, or before 7:00 a.m.
or after 3:30 p.m. on other days. In any business or industrial district,
no operation authorized under this article shall be conducted on Sunday,
except where otherwise permitted by law. The Highway General Foreman,
in his discretion, may vary or modify the application of this provision
as occasion and/or necessity may demand.
A.
Application for a permit under this article shall be made to the
Highway General Foreman, in writing, for each such operation and shall
contain the following information:
(1)
The full name and address of the applicant.
(2)
The full name and address of the owner or owners of the property
in front of which the operation is to be performed.
(3)
The location by street address, if any, of the property in front
of which the operation is to be performed and the Tax Map designation
of the same.
(4)
A statement of the proposed operation and the size thereof and purpose
thereof.
(5)
The date or dates when the proposed operation is to be commenced,
and the date or dates when the operation is to be completed.
(6)
The type of pavement or surface to be disturbed.
(7)
A sketch of the proposed operation.
(8)
The estimated maximum quantity to be excavated and/or removed, and
the estimated part thereof that will be used for regrading or filling.
(9)
The rehabilitation proposed.
(10)
The estimated cost of the entire proposed operation.
(11)
The location, if any, of any tiles or drainage system or water
mains, or other public utility conduits, etc. which may be within
the area of the proposed operation.
(12)
Any additional information which may be reasonably required
by the Highway General Foreman.
(13)
A signed statement by the applicant that said applicant agrees
to perform the proposed operation for which the permit may be granted,
in full and strict compliance and in accordance with the conditions
of the permit, if issued, and any and all provisions of the Town Law
and other applicable statutes and ordinances of the Town of North
Castle, and the rules and regulations of the Highway Department of
the Town of North Castle.
B.
Upon receipt of the application, as herein provided for in Subsection A hereof, the Highway General Foreman shall act thereon by issuing or refusing to issue a permit. No permit shall be issued by him except where there is compliance with the provisions of this article and all other laws and ordinances, and rules and regulations of the Highway Department of the Town of North Castle. Such permit, when issued, shall be effective for such period of time, not to exceed 30 consecutive calendar days, to be specified thereon by the Highway General Foreman. Such specified period of time may be extended for the completion of the operation, if so requested in writing by the permittee prior to the expiration date thereof, for such additional period or periods of time authorized by said Highway General Foreman.
C.
Permits granted pursuant to this section shall be issued for up to
300 contiguous feet of frontage abutting a Town right-of-way, such
that an additional permit or permit(s) shall be required for any distance
in excess of the initial 300 feet and for every 300 feet thereafter.
A proposed project encompassing 900 feet along a Town right-of-way,
for example, shall require the approval of three street opening permits.
A.
No permit for an operation shall be issued by the Highway General
Foreman until the applicant therefor shall have first paid to the
Highway General Foreman, in cash or by check payable to the order
of the Town of North Castle:
(1)
A fee, as determined by the Board of the Town of North Castle and
promulgated in the Master Fee Schedule, to cover the cost of issuing
the permit and the supervision and the inspection of the operation
done in connection therewith. The fee schedule and corresponding street
opening permit fees contained therein shall be updated from time to
time by the Board of the Town of North Castle and approved by resolution.[1]
(2)
A security deposit, in an amount to be determined by the Board of
the Town of North Castle and promulgated in the Master Fee Schedule[2] shall be required for each and every street opening permit
as determined by the Highway General Foreman. Said deposit shall be
retained by the Town for the duration of the period of maintenance
as herein defined. The "period of maintenance" shall be considered
as a period of six months after the date of final completion, as determined
by the Highway General Foreman, of the operation to be done pursuant
to the terms of the permit; except, however, that in the event that
the termination of said six-month period shall fall within the months
of December, January, February, March or April, then, and in that
event, the period of maintenance shall be considered as extending
to the first day of May next ensuing; and the permittee shall be responsible
for the entire operation and shall keep every portion of the same
in good order and repair during the entire period of maintenance.
Security deposits that remain unclaimed 18 months after the permit
approval date become the property of the Town of North Castle.
B.
Upon the failure of or default by the permittee of any of the terms,
agreements, covenants and conditions of the permit on the permittee's
part to be done, to be performed or to be completed, said deposit
may be used by the Town for any expense incurred by the Town by reason
of such failure or default on the part of the permittee, and any balance
left, after the expense caused by such failure or default, as determined
and certified by the Highway General Foreman, has been paid and deducted
from the amount of the deposit, shall be refunded to the permittee
if claimed within 18 months of the approval date.
A.
Amount. No permit for an operation under this article shall be issued
by the Highway General Foreman until the applicant therefor shall
have first placed on file with said Highway General Foreman, without
cost to the Town, satisfactory evidence of the following types of
coverage and limits of liability:
(1)
Commercial general liability (CGL) coverage with limits of insurance
of not less than $1,000,000 each occurrence and $2,000,000 annual
aggregate.
(a)
If the CGL coverage contains a general aggregate limit, such
general aggregate shall apply separately to each project.
(b)
CGL coverage shall be written on ISO Occurrence Form CG 00 011093
or a substitute form providing equivalent coverage and shall cover
liability arising from premises, operations, independent contractors,
products/completed operations, personal and advertising injury and
blanket contractual, including injury and to subcontractors' employees.
(c)
The Town of North Castle and its agents, volunteers, officers,
directors and employees shall be included as additional insureds on
the CGL, using ISO Additional Insured Endorsement CG 20 10 1185 or
an endorsement providing equivalent or broader coverage to the Town
of North Castle and its agents, officers, directors and employees.
The coverage must be underwritten by an insurance company with at
least an A-7 Best rating, as defined by A.M. Best. Coverage for the
additional insureds shall apply as primary and noncontributing insurance
before any other insurance or self-insurance, including any deductible,
maintained by or provided to the additional insureds.
(d)
The applicant and/or contractor shall maintain CGL coverage
for itself and all additional insureds for the duration of the project
and maintain completed operations coverage for itself and each additional
insured for at least two years after completion of the work.
(e)
A waiver of subrogation endorsement or clause in favor of the
Town of North Castle, its agents, officers, directors, volunteers,
and employees.
(2)
Automobile liability: business auto liability with limits of at least
$1,000,000 each accident.
(a)
Business auto coverage must include coverage for liability arising
out of all owned, leased, hired and nonowned automobiles.
(b)
The Town of North Castle and its agents, volunteers, officers,
directors and employees shall be included as additional insured on
the auto policy.
(c)
A waiver of subrogation endorsement or clause in favor of the
Town of North Castle, its agents, officers, directors, volunteers,
and employees.
(d)
The applicant's insurance shall be primary and noncontributory
to any insurance the Town of North Castle, New York, may have.
(3)
Workers' compensation and employers' liability: employers' liability
insurance limits per statutory requirements.
(4)
The applicant shall not sublet any part of his work without assuming
full responsibility for requiring similar insurance from his subcontractors
and shall submit satisfactory evidence to that effect to the Town
of North Castle. Each such insurance policy, except the workers' compensation
policy, shall include the Town of North Castle and its agents, officers,
directors and employees as an additional insured.
(5)
Certificates shall provide that 30 days' written notice prior to
cancellation be given to the Town of North Castle. Policies that lapse
and/or expire during the term of occupancy shall be recertified and
received by the Town of North Castle no fewer than 30 days prior to
cancellation or renewal.
(6)
Indemnification and hold harmless.
(a)
To the fullest extent permitted by law, the applicant and/or
contractor will indemnify and hold harmless the Town of North Castle,
its officers, representatives, agents and employees from and against
any and all claims, suits, liens, judgments, damages, losses and expenses,
including reasonable legal fees and all court costs and liability
(including statutory liability) arising in whole or in part and in
any manner from injury and/or death of a person or damage to or loss
of any property resulting from the acts, omissions, breach or default
of the applicant and/or contractor, its officers, directors, agents,
employees and subcontractors, in connection with the performance of
any work by or for the applicant and/or contactor pursuant to any
contract, purchase order and/or related proceed order. The applicant
and/or contractor will defend and bear all costs of defending any
actions or proceedings brought against the Town of North Castle, its
officers, representatives, agents and employees, arising in any employee
of the applicant and/or contractor and shall not be limited in any
way by an amount or type of damage, compensations, or benefits payable
under any applicable workers' compensation, disability benefits or
other similar employees' benefit act.
(b)
The applicant and/or contractor shall expressly permit the Town
of North Castle to pursue and assert claims against the applicant
and/or contractor for indemnity, contribution and common law negligence
arising out of claims for damages for death and personal injury.
B.
Duration. Such insurance hereinabove referred to shall remain in
force throughout the effective period of the permit and/or any authorized
extension or extensions thereof and shall carry an endorsement to
the effect that the insurance company will give at least 10 days'
prior written notice to the Town of North Castle of any modification
or cancellation of any such insurance and shall contain a clause to
the effect that termination of said insurance shall be without prejudice
to the right of the Town of North Castle to make claim or claims thereafter
for any loss or damage sustained as a result of any act or acts committed
or omitted during the term of said insurance.
A.
Existing structures. No work shall be commenced in connection with
an operation for which a permit has been granted under the provisions
of this article until the permittee shall have given written notice
of the issuance of such a permit at least 24 hours prior to the commencement
of such work to the owner or lessee of any pipes, conduits or other
structures lying upon, over or under the surface of the area wherein
the operation is to be performed pursuant to the permit issued hereunder
or to the person, firm or corporation having the custody, control,
care or maintenance of said pipes, conduits or other structures, and
said permittee shall file with the Highway General Foreman proof of
the service of said written notice herein referred to. The permittee
shall at all times during the performance of the work on said operation,
at his own expense, preserve, support, maintain in operation and protect
and safeguard from injury or damage such pipes, conduits or other
structures, and in case of injury or damage, shall restore the same,
at his own cost and expense, to the same condition as they were prior
to the commencement of the work on said operation, and in the event
of the failure of the permittee to comply with the provisions of this
section, such injuries and damages may be corrected and repaired by
the owner thereof, his agents or employees, and the cost thereof and
all damages sustained shall be paid by the permittee.
B.
Traffic. Unless otherwise authorized by the Highway General Foreman,
traffic shall be maintained at all times during the progress of the
operation being performed under the permit, and the permittee shall
have due regard for the safety of all traffic and the public and shall:
(1)
Erect and maintain suitable barricades, fences and/or guardrails
around the area of operation during the work on said operation and
shall arrange the same in such a manner as to cause a minimum of inconvenience,
hazard and delay to any and all traffic.
(2)
Suitably place, install and maintain adequate warning flags or signs
and lighted red lamps or flares.
(3)
Provide a watchman, if deemed necessary by the Highway General Foreman
and if so ordered by the Highway General Foreman, in accordance with
his directions and instructions.
(4)
Designate and furnish competent persons to direct and expedite traffic,
by means of lights or flags, when necessary, to minimize inconvenience,
hazard and delay to any and all traffic.
(5)
Arrange and conduct the work in connection with said operation so
as to make possible the removal completely of any obstructions to
any and all traffic on Saturdays, Sundays and holidays, if so required
by the Highway General Foreman.
Any person or corporation violating any of the provisions of
this article, upon conviction thereof, shall be punishable by a fine
of up to $1,000 per day per violation. Each day's continued violation
shall constitute a separate additional violation.
