UntitledAN ORDINANCE REGULATING EXCAVATIONS IN AND UNDER AND
DEPOSITS OF MAATERIAL ON OR ABOUT CERTAIN PUBLIC STREETS
HIGHWAYS AND SIDEWALKS AND OTHER PUBLIC PLACES IN TOWN
OF WAPPINGER, DUTCH ESS COUNTY, NEW YORK
BE IT RESOLVED AND ORDAINED by the Town Board of Town of
Wappinger, Dutchess County, New Yor, pursuant to the authority of
Article 9 of the Town Law as follows:
Section Is Preliminary statement. The Town Boardof Town
of Wappinger, New York, finds a fact that that in order to properly
and adequately protect the public safety, health, convenience and
general welfare of the inhabitants of the Town of Wappinger and
members of the general public, it is necessary to regulate, re-
strict and control excavation in and under the deposittof material
on and about the highways ( as defined herein) in the Town of
Wappinger by persons other than officers, employees and persons
performing contractual work for the Town of Wappinger.
Section 2. Definitions. For the purpose of this ordinance
only, certain words and terms used herein are defined as follows:
6a) "Person" shall mean any natural person, partnership,
association, or corporation.
(b) "Highway" shall mean all or any portion of any highway,
street, sidewalk, public place or right of way owned and controlled
by the Town of Wappinger, exclusive, however, of that portion
of any highway, street, sidewalk, public place or right
of way situate within the territorial limits of the Village of
Wappingers Falls and exclusive of that portion of any highway,
street, sidewalk, public place or right of wqy owned and/or con-
trolled by the County of Dutchess or the SatAe of New York.
(c) "Superintendent" shall mean the Town Highway Superintend-
ent of the Town of Wappinger, New York.
Section 3• Permit required. No person shall remove from or
deposit on any highway any material or intentionally injure any
highway, or cause to be dug, or make, any hole or excavation in or
under a highway, or cause to be erected theron or therein any
object, without first having obtained a written permit from the
Superintendent so to duo
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This section shalt be applicable to and prohibit individuals from
depositing materials on public highways as a result of improvement and
grading of their property.
Section 4* Application for permit. Any person desiring a
permit shall make application to the Superintendent upon forms
to ae provided by him which shall set forth the followings
(a) The name and address of the applicant.
(b) A reasonably adequate description of the proposed work
and the reason therefor. including a description of the location
pf the proposed work.
(c) A statement as to the time when such work will be com0
menced and an estimate of the time when such work shall be fully
completed and the highway restored to it* previous condition as
nearly as may be feasible.
(d) A time schedule showing when various portions of the
work wi11 be done.
(e) A reference to the legal authority of the applicant to
perform the proposed work in the public highway.
(f) An estimate of the cost of the proposed work including
such detail as may be specified by the Superintendent.
(g) Such other information as the Superintendent shall deem
pertinent to effectuate the purposese of this ordinance.
Section 5. Insurance Coverage. No permit shall be issued
until the applicant shall have filed with the Superintendent evi-
dence that the Town has been named as a primary insured under an
insurance: policy extending bodily injury and property damage
coverage to the Town in mounts of not less than $1000000.00 for each
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person injured, $3WO0.00 for aggregate bodily injury for each
accident, and $509000.00 for property damage, caused by or attribu-
table to the work to be performed by the applicant, such insur-
ance coverage to be written by an insurance company authorized to
do business in the State of New York.
Section 61 Security. No permit shall be issued to amy
applicant until the applicant has posted with the Superintendent
a bond or certified check in suc h amount as the Town Superintendent
may determine necessary to cover the probable expense to the Town of
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replacemen� by the Town of any Highway to its former condition, and
to guarantee the performance b the a 14 t f f h
JF pp can o any a t e conditions
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contained in the permit and compliance with this ordinance.
Section 7. Issuance ofPermit. The Superintendent, upon
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a finding by him that the issuance of the permit is authorized by
this ordinance and geeeral law and upon compliance by the appli-
cant with the herin contained provisions relating to general
liability insurance and security deposit, shalt issue the permit
for the proposed work and may attach such reasonable conditions,
including the specification of a completion date, as in his opin-
ion may be necessary to protect the interest of the Town and to
guarantee the right of public access through and along said high-
way during the progress of the work. The fee for the permit shall
be the sum of $10.00 which shall be deposited with the Superintend -
dent upon its issuance.
Section 3. Revocation of Permit. The Superintendent,
upon a finding that the issuance of a permit was illegal or unauthor-
ized, or that the applicant has failed to comply with any of the
terms and conditions of the permit or of this ordinance, may revoke
the permit, and the applicant shall therupons with all reasonable
speed, forthwith resoore the highway to its former condition.
Section 9 Damages The person to whom such permit is
issued shall be responsible for all damages caused to public util-
ities and shall , under the supervisi6n of the Superintendent, re-
place any cracked or damaged sewer pipe or water main with new pipe,
and repair or replace damaged ditches, curbs, sidewlks or other improve-
ments so that they shall be in the same or better dondition after
the excavation as before the excavation.
Section 10. Restoration. Any such excavation in any
highway shall be restored by the applicant within the time granted in
the permit, with materials equivalent to thopse excaaatried, and shalt
be kept and maintained level with the enexcavated portion therof,
by the applicant, for a period of one year from the date of restor -
ation, so that said excavated portion shall be left in as good,
substantial and permanent condition as before the excavation; and,
if not so restored and maintained, the work shall be done by or
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under the direction of the Superintendent, and the cost thereof shalt
be a lawful charge against the person to whom the permit was issued
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oe the bond or certifit;1 check herein provided for, and it shall be
the duty of the Superintendent to sue for and recover such costs or
1paythem with all or a part of said bond or certified check.
Section It. Safety Precautions. The applicant, during the
course of the work, shall take every reasonable precaution to properly
warn all per -,ons of any danger, including the placing and maintaining
of suitable barricades, flashing lights and warning devices. The
'Superintendent may from time to time direct and specify the devices
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which the applicant shall install and maintain.
Section 12. Guarantee Period. For one year from the date
the work is complete, the applicant shall be responsible for any
condition that may develop due to the applicant's failure to prop-
perly restore the highway.
Section 13. Liability of applicant. At any bine that bte
applicant shall neglect or refuse to perform any duty imposed upon
him by this ordinance, the Superintendent may perform the said
work or duty at the cost and expense of the Town and the applicant
shall reimburse the Town for the cost and expense thereby incurred.
Section 14. Exemptions. Notwithstanding anything to the
contrary herein contained, the provisions of this ord#nance shalt
not apply:
(a) To the erection of posts to hold mailboxes on the grass
adjoining the use or paved portion of any highway provided they
are set back at least three(3) feet from the edge of the used or
paved portion thereof;
(b) To the planting of shade trees, shrubs and the like in
any grass plot adjoining the paved or used portion of ano highway
providing they are porperly set back from the used or paved portion
thereof so as not to obstruct a corner view or endanger the users
of such highway;
(c) To the performance of any public work by employees of
the Town or any District thereof; or pursuant to a contract or
other agreement entered into with the Town Board acting as such
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or on behalf of any lawfully created District in said Town;
(d) To the construction of line fences where half thereof
is situated upon the premises of the owner and half thereof upon
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the highway,{ppovided the total w!idth thereof does !got exceed six (6)
inches.
Section 15. Emergency work. (a) if any condition shall
arise in a highway posing an immediate and present danger toaper
son and property by reason of any condition which may exist, any
public utility corporation authorized to operate within the Town may
without obtaining any permit therefor take such immediatia action and
perform such work as may be reasonably necessary to eliminate or min-
imize the aforesaid danger without applying for or obtaining a permit
provided, however, that written notification shall be given to the
Superintendent, as soon as practicable, as to the action being taken
by such utility, and furthe provided that as soon as the emergency
shall have ceased, such public utility hav4ing performed such emer-
gency work shall under the supervision of the Superintendent restore
the highway as provided in Section 10 of this ordinance.
M in any public emergency caused by Act of Cod or the
public enemy the provisions of this ordinance shall not apply to any
parson who in good faith shall take any action reasonably designed
to protect the highway or the general public.
Section 16. Penalties. (a) Any person who shall violate
any of the provisions of this ordinance orshall fail to comply
with any condition imposed by the permit, or fails to comply with
any lawful order of the Superintendent or to discharge any duty
imposed by this ordinance shall, #upon conviction, be deemed to
have committed an offense against this ordinance, and upon con-
victions shall be punished by a fine not exceeding One Hundred
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(100.00) Dollars. Each day any such violation shall continue
shall constitute a separate and distinct offense. For the
purpose of confering jurisdiction upon the courts and judicial
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offices generally, violation of this article shalt be deemed
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a misdeameanor and for such purposes only all provisions or laws
relating to such misdemeanor shall apply to such violations.
(b) Any person violating this ordinance shall be subject to
a civil penalty enforceable and collectible by the Town in the
amount of $100.00 for each such offense. Such penalty :hall be
collectible by and in the name of the Town for each day that such
violation shall continue.
(c) In addition to the above-provid6d penalties and punish-
ment, the Town Board may also! maintain an action or proceeding in
the name of the Town, in Court of competent jurisdiction, to
compel compliance with, or to restrain by inju��tion the violation
of this Ordinance.
Section 17. Saying Clause . If any clause, sentence, para-
graph, section or part of this ordinance shall be adjudged by any
Court of competent jurisdiction to be invalid, such judgement
shall not affect, impair or invalidate the remainder thereof, but
shall be confined in its operation to the clause, sentence, para-
graph, section or part thereof directly involved in the contro
v►l+yin which such judgment shalt have been rendered.
Section 18 Effective date. This ordinance shall become
effective immediately ypon posting and publishing in accordance with
the Town Law.
Dated:
April 29, 1965
Helen L. Travis
Town Clerk