[Adopted 7-1-71 as L.L. No. 3-1971]
This Article shall be known as and may be cited as the "Town of Philipstown Street Opening Law."
General Regulations. 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 Philipstown for any purpose whatsoever, except as hereinafter provided in this Article, when a written permit therefor has been duly issued as herein provided, in accordance with the procedures set forth in § 150-3 hereof and in compliance with §§ 150-4 and 150-5 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 may, in lieu of the deposit hereinafter mentioned, deposit with the Town Board its bond or a surety company bond approved as to form, manner of execution and sufficiency by the Town Board of the Town of Philipstown, 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 Superintendent of Highways, but in no case shall the face amount of the bond be less than $5,000.
Any city, village, town, public improvement district or other municipality may, in lieu of making the cash deposit hereinafter mentioned, file with the Superintendent of Highways a certified copy of a resolution duly adopted by the governing body 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.
Emergency openings. 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 or 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.
Prohibited operations. In any residence district, no operation authorized under this Article shall be permitted on Sunday, nor before 8:00 a.m. or after 5:00 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 Superintendent of Highways, in his discretion, may vary or modify the application of this provision as occasion and/or necessity may demand.
Application for a permit under this Article shall be made to the Superintendent of Highways in writing, in duplicate, for each such operation and shall contain the following information:
The full name and address of the applicant.
The full name and address of the owner or owners of property in front of which the operation is to be performed.
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.
A statement of the proposed operation and the size and purpose thereof.
The date or dates when the proposed operation is to be commenced, and the date or dates when the operation is to be completed.
The type of pavement or surface to be disturbed.
A sketch of the proposed operation, with dimensions thereof.
The estimated maximum quantity to be excavated and/or removed, and the estimated part thereof that will be used for regrading or filling.
The rehabilitation proposed.
The estimated cost of the entire proposed operation.
The location, if any, of any tiles or drainage system, water mains or other public utility conduits, etc., which may be within the area of the proposed operation.
Any additional information which may be reasonably required by the Superintendent of Highways.
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 local laws and ordinances of the Town of Philipstown and the rules and regulations of the Highway Department of the Town of Philipstown.
Upon receipt of the application, as herein provided for in Subsection A hereof, the Superintendent of Highways 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, ordinances, rules and regulations of the Town of Philipstown and its Highway Department. Such a permit, when issued, shall be effective for such period of time, not to exceed 30 consecutive days, to be specified thereon by the Superintendent of Highways. 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 Superintendent of Highways.
No permit for an operation shall be issued by the Superintendent of Highways until the applicant therefor shall have first paid to the Superintendent of Highways in cash or by check payable to the order of the Town of Philipstown:
A fee of $30 to cover the cost of issuing the permit, together with a fee for the supervision and the inspection of the operation done in connection therewith, computed by the Superintendent of Highways at the rate of $1 per square yard of the surface to be disturbed.
[Amended 1-5-89 by Res. No. 35-89]
A deposit in an amount to be determined by the Superintendent of Highways, computed at the rate of $10 per square foot of said surface to be disturbed, and if and when machinery is used in connection with an operation and there is the likelihood of damage or injury to areas other than the specific location of the operation, a deposit of an additional amount may be required; said additional amount to be determined by the Superintendent of Highways, computed at the rate of $10 per square foot of the additional area affected. The minimum deposit shall be $300. The first $1,000 shall be cash. The excess may be by surety company bond approved by the Town Board.
[Amended 1-5-89 by Res. No. 35-89]
Said deposit shall be retained by the town for the duration of the period of maintenance as hereinbelow defined. The period of maintenance shall be considered as a period of six months after the date of final completion, as determined by the Superintendent of Highways, 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.
Upon the failure or default by the permittee of or in 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 after the expense caused by such failure or default, as determined and certified by the Superintendent of Highways, has been paid and deducted from the amount of the deposit, any balance left shall be refunded to the permittee.
The amounts of the fees and deposits required in this section may be changed or amended from time to time by resolution of the Town Board.
Amount. No permit for an operation under this Article shall be issued by the Superintendent of Highways until the applicant therefor shall have first placed on file with the said Superintendent of Highways, without cost to the town, satisfactory evidence of insurance coverage, including public liability insurance in an amount of not less than $100,000 for any one person and not less than $300,000 for any one accident and of property damage insurance in an amount of not less than $50,000 aggregate, and satisfactory evidence that said insurance has been approved as to form, correctness and adequacy by the Town Attorney of the town to insure the town against any loss, injury or damage arising out of the granting of the permit or from any negligence of said applicant, his servants, agents or employees in connection with said operation or with any and all work related thereto. The amounts of coverage required may be increased by resolution of the Town Board. The form of certificate of insurance required by the New York State Department of Transportation may be used as a guide for general requirements.
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, shall carry an endorsement to the effect that the insurance company will give at least 10 days prior written notice to the Town of Philipstown 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 Philipstown 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.
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 Superintendent of Highways 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 subsection, 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.
Traffic. Unless otherwise authorized by the Superintendent of Highways, 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:
Erect and maintain suitable barricades, fences and/or guardrails around the area of operation during the work on said operation, and arrange the same in such manner as to cause a minimum of inconvenience, hazard and delay to any and all traffic.
Suitably place, install and maintain adequate warning flags or signs and lighted red lamps or flares.
Provide a watchman, if deemed necessary by the Superintendent of Highways and if so ordered by the Superintendent of Highways, in accordance with his directions and instructions.
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.
Arrange and conduct the work in connection with said operation so as to make possible the complete removal of any obstructions to any and all traffic on Saturdays, Sundays and holidays, if so required by the Superintendent of Highways.
The deposit of any dirt, filth, waste or rubbish in any street, highway, sidewalk, sidewalk area or public place or encumbering thereof by any encroachment of buildings, structures, excavation or otherwise, or any act which in any manner damages or injures a town highway or interferes or obstructs in any manner the drainage and other uses of the highway for municipal purposes and for use by the public and traffic thereon, are hereby prohibited.
Notwithstanding any other provisions of this Article, any person who violates or causes or participates in any violation of the provisions of §§ 150-2 through 150-7 shall, upon conviction thereof, be guilty of a violation and be subject to a fine not exceeding $250 or by imprisonment for not more than 15 days, or by both such fine and imprisonment.
Whenever any person shall have been notified in writing by the Superintendent of Highways that he is violating the provisions of §§ 150-2 through 150-7 or of any permit or extension thereof issued hereunder, or is served with a summons or warrant accusing him thereof, each day that he shall continue such violation after such notification or service shall constitute a separate offense punishable by a like fine or penalty.
Notwithstanding the penalties herein provided, the Town Board may maintain an action or proceeding in the name of the town in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of any provision of this Article.
The foregoing provisions for the enforcement of the regulations in this Article are not exclusive, but are in addition to any and all other laws applicable thereto.
Words used in this section have their usual meanings in the Penal Law.
A permit issued pursuant to this Article shall be known and designated as a "Street Opening Permit."