HomeMy WebLinkAboutSection 29 SECTION
29
•
41 STATE STREET
Local Law Filing ALBANY,NY 12231
•
(Use this form to file a local law with the Secretary of State.)
Text of law should be given as amended.Do not include matter being eliminated and do not use italics or
underlining to indicate new matter.
FILED
County STATE RECOR DS
City of Newfield
gown3 DEC 1 5 2010 C�,`�
Village
Local Law No. 2 of the year 20 10
DEPARTMENT "
Alocallaw Excavation and Construction in Municipal Roadways and
(Insert title)
Highway Rights-of-Way
Beitenactedbythe Newfield Tnwri 'Board of the
(Name of Legislative Body)
County
City of Newfield as follows:
own
Village
The Town of Newfield hereby finds and declares that the provision of safe
travel and the maintenance of safe public highways are costly to build,
repair and maintain, and the Town of Newfield expends substantial resources
annually to maintain, repair, preserve and protect such public highways. Thus
based thereupon, and upon the authority granted to the Town of Newfield under and
pursuant to Town Law 64, Highway Law 136, Articles 39, 40 and 41 of the Vehicle
and Traffic Law, and 10(1) (a) (6) and 10(1) (a) (12) of the Municipal Home Rule
Law, the Town of Newfield adopts this Local Law to preserve and protect highways
and related rights-of-way, and to ensure safe travel for all persons traveling
there upon.
•
(If additional space is needed,attach pages the same size as this sheet,and number each.)
'DOS-239(Rev.11/99) Page 1 of 3
•
TOWN OF NEWFIELD LOCAL LAW# 2 of 2010
EXCAVATION AND CONSTRUCTION IN MUNICIPAL
ROADWAYS AND HIGHWAY RIGHTS-OF-WAY
Belt enacted by the Newfield Town Board of the Town of Newfield as follows:
SECTION 1: TITLE & APPLICATION; FINDINGS - This Local Law shall be
known as "Local Law Number 2 of 2010". Local Law Number 2 of 2010 hereby repeals
any prior Local Law or resolution that is inconsistent herewith. Local.Law Number 2 of
2010 applies only within the Town of Newfield Tompkins County, New York. The
Town of Newfield hereby finds and declares that the provision of safe'travel and the
maintenance of safe public highways and roadways are of paramount importance to the
public. Further, highways are costly to build, repair and maintain, and the Town of
Newfield expends substantial resources annually to maintain, repair, preserve and
protect such public highways. Thus, based thereupon, and upon the authority granted
to the Town of Newfield under and pursuant to Town Law § 64, Highway Law § 136,
Articles 39, 40 and 41 of the Vehicle and Traffic Law, and §§ 10(1)(a)(6) and 10(1)(a)(12)
of the Municipal Home Rule Law, the Town of Newfield adopts this Local Law to
preserve and protect highways and related rights-of-way, and to ensure safe travel for
all persons traveling there upon.
SECTION 2: DEFINITIONS - The following terms used in this Local Law shall
have the following meanings:
A. APPURTENANT STRUCTURE - "Appurtenant Structure" means any
temporary or permanent structure or construct, other than a roadway or road
surface, within the area of any Highway, including those structures, constructs,
and devices located or installed over, upon, or under any such Highway,
including, but not limited to, signs, traffic control devices, waterlines, utility
lines, communications lines, culverts, ditches, drainage ways, manholes, fire
hydrants, curbs, driveways, guardrails, bridges, bridge supports and railings,
fencing,and often also including driveways.
B. DEFAULT - "Default" shall mean (1) any violation of the terms,
requirements, or conditions of this Local Law; or (2) the violation of any terms or
conditions of any Permit; or (3) performing any work, Construction, or
Excavation not referenced in any application; or (4) performing any work,
Construction, or Excavation upon any land, Highway, or Appurtenant Structure
not specifically identified in the Application or the Permit issued by the Town of
Newfield.
C. CODE ENFORCEMENT OFFICER - "Code Enforcement Officer" shall
mean the Code Enforcement Officer appointed by the Town Board.
D. CONSTRUCTION - "Construction" means the building, installation,
. repair, or replacement of any Appurtenant Structure.
E. CONTRACTOR-"Contractor" shall mean any person or entity,including
any landowner or private citizen, that proposes to perform Excavation or
Construction under, in or upon any Highway, or any Appurtenant Structure
related to any Highway.
F. EXCAVATION - "Excavation" shall mean any work, process, or
construction that proposes to or does alter the surface of any Highway, or which
affects the soils or any Appurtenant Structure of or under any Highway,
including, but not limited to, pavement cuts and culvert installations, and also-
including road surface work and paving. •
G. FEE - "Fee" shall mean any charge or cost imposed or due under or as a
result of this Local Law. Fees may be updated,changed, or amended from time-
to-time by resolution of the Town Board of the Town of Newfield.
H. HIGHWAY - "Highway" shall mean each, every, and all public streets,
public sidewalks, public roads, public alleys, and public highways within the
Town of Newfield that are Town of Newfield highways by use, highways by
dedication, and/or highways by implication, including the paved or finished
surfaces thereof, all signage, all ditches, culverts, drains and drainage ways, all
utility and similar structures and appurtenances, and all land, improved or
otherwise,within the bounds of the highway rights-of-way.
I. HIGHWAY SUPERINTENDENT -"Highway Superintendent" shall mean
the elected or appointed Highway Superintendent of the Town of Newfield
and/or designees of each such person who. are given specific written
authorization to act for such Highway Superintendent under this Local Law.
J. PERMIT - "Permit" shall mean any permit required under or pursuant to
this Local Law.
K. SECURITY-"Security" shall mean: (1) a cash deposit delivered to the sole
custody of the Town of Newfield to secure and guarantee performance under
any Permit and compliance with this Local Law, free of reservations, restrictions,
conditions or claims; or (2) an unconditional letter of credit approved by the
Town of Newfield or (3) a performance, completion, and indemnity bond
approved by the Town of Newfield; or (4) a Certificate of Deposit irrevocably
assigned to the Town of Newfield in an approved amount; or (5) any other form
of undertaking as approved by the Town of Newfield: or (6) any combination of
the foregoing approved by the Town of Newfield.
SECTION 3: PROHIBITIONS - From and after the effective date hereof, no
firm, utility company or provider, transportation corporation, communications or cable
company, or other person or entity shall conduct any Construction or make any
Excavation, cut, or breaking in, or otherwise open any Highway or sidewalk for any
purpose whatsoever, including, but not limited to, the making of any driveway
connection or the installation or repair or replacement of any culvert or other
Appurtenant Structure, without a Permit issued pursuant to the requirements of this
Local Law. No Contractor may perform any Construction or Excavation in, upon, or
under any Highway, nor construct, repair, install, or build any Appurtenant Structure,
without a Permit. No Contractor or other person or entity may spread, place, or
distribute any substance upon a Highway or within a highway right-of-Way unless
done pursuant to,and in compliance with,a Permit.
A. In the case of an emergency any person or entity already having or
possessing rights to any Appurtenant Structure within any Highway may effect
such emergency repairs as are reasonably necessary; but such person or entity
must thereafter apply for a Permit upon the next business day.
B. This Local Law shall not apply to the installation of mailboxes and
newspaper boxes.
C. This Local Law shall not apply to Excavation, Construction, or other work
performed upon, under or within Highways and related rights-of-way by the
Town of Newfield, including Excavation, Construction, or other work upon
Appurtenant Structures.
SECTION 4: PERMIT REQUIRED - All Contractors are required to obtain a
Permit from the Town of Newfield prior to performing any Construction or Excavation
in, upon, or under any Highway, or before constructing, repairing, installing, or
building any Appurtenant Structure. Each Permit issued by the Town of Newfield will
be valid only for a stated period of time. Permits are not transferrable or assignable by
any act or by operation of law. If the Permit expires, a renewal Permit may be issued by
the Town of Newfield for an additional fee of $ 10.00 upon such additional or other
terms, Security, or restrictions as determined in the sole discretion of the Highway
Superintendent.
A. When a common Construction or Excavation project involves more than
one firm or Contractor, including public service companies and transportation
corporations, those Contractors shall together designate in writing a lead
C. Restore and repair any affected Highway and Appurtenant Structure to
the current requirements.
D. Maintain at all times safe crossings, barricades, coverings, warning signs,
lighting, and any and all other safety devices, structures, or procedures as may
be required by law or regulation, the New York State Department of
Transportation,OSHA,or in the exercise of diligent care.
E. Maintain at all times the Security and insurance coverage(s) required, and
to pay,whenever requested,any FIREA deposits.
F. Perform the work, Construction and/or Excavation in such a manner and
at such times as to not interfere with, or to minimize, any obstructions to the safe
flow of traffic.
G. Prevent stormwater pollution arising from any site or other Excavation or
Construction, including through the proper installation and maintenance of
short-term and permanent stormwater management practices and, as and if
applicable, compliance with any SWPPP and/or any SPDES Permit conditions or
requirements.
H. Perform all backfilling and tamping with materials specified by the
Highway Superintendent, which materials shall be free from clay, loam or silt,
and which materials shall be moistened and mechanically tamped until
thoroughly compacted.
I. For all Construction or Excavation work that will impair the provision of
any public utility, water supplies, or effect any closure or partial closure of any
Highway, it shall be the duty of every Contractor to give at least 72 hours'
advance written notice of the work and the effect thereof to all persons, entities,
or municipalities owning property or any Appurtenant Structures within 500' of
the vicinity of the proposed work. Proof of due notice shall be filed with the
Highway Superintendent at least 48 hours prior to the commencement of the
proposed work.
J. The Contractor shall provide prior notice to each and all utility
companies, public service companies, and municipalities of the proposed work,
Excavation, or Construction, and to have such company or municipality mark or
otherwise identify the location or course of any underground or other utilities.
No work, Excavation, or Construction shall commence until all utilities and
underground appurtenances are so marked and the rules and regulations of the
New York State Public Service Commission and the "Dig Safely New York"
program have been fully complied with.
Contractor who shall be responsible for obtaining a Permit, acting in compliance
there with, and for compliance with the terms and requirements of this Local
Law. Despite the existence of a lead Contractor, all such other persons and
entitles shall be and be deemed Contractors under and pursuant to this Local
Law.
SECTION 5: PERMIT PROCESS - Contractors must submit a completed
application for a Town of Newfield Permit-upon a form provided and approved by the
Highway Superintendent to the Code Enforcement Officer. The Highway
Superintendent may develop and utilize one or more types of forms for Permit
applications as based upon any reasonable standard, such as, but not limited to, the
type of work to be performed (e.g.,"culvert permits" or"driveway or curb cut permits" •
or "excavation permits", etc.). All Permit applications shall contain the following
information or materials:
A. Project drawings and specifications for any Excavation or Construction as
required by the Highway Superintendent, including, where applicable surveys
and/or plans sealed by a New York State licensed engineer or architect in
compliance with,inter alia,the New York State Education Law.
B. An application Fee set according to a schedule prescribed from time to
time by Resolution of the Town Board.
C. If the Contractor proposes to do work or perform any Excavation or
Construction upon or under any land outside of the Highway, the written
consent of the owners of .each such parcel of land shall be provided, and such
written consent must recite that such owner has reviewed the proposed
Excavation or Construction drawings and specifications and consents to, or
otherwise permits,such work.
D. Whenever required, a completed Environmental Assessment Form
("EAF") shall be submitted by the Contractor pursuant„to the provisions of the
State Environmental Quality Review Act and its implementing regulations at 6
NYCRR Part 617 (together herein, "SEQRA"). No Permit may be issued until the
SEQRA review process has been completed.
E. A Stormwater analysis of the impacts of any excavation or construction or
installation project upon the Highway and its Appurtenances. Such analysis shall
follow the requirements of Town of Newfield Local Law # of 200 "Stormwater
Management and Erosion and Sediment Control Local Law, and/or shall comply
with the terms of (i) the New York Standards and Specifications for Erosion and
Sediment Control manual, commonly known as the "Blue Book", and, as
applicable, (ii) the State Pollutant Discharge Elimination System ("SPDES")
General Permit for Construction Activities GP-02-01 or GP-02-02 (each and all as
now exist or as hereafter codified, updated, changed or amended). Any
information and any Stormwater Pollution Prevention Plan ("SWPPP") shall be
designed to contain any increases in stormwater and prevent any erosion of the
Highway and any Appurtenances, as well as prevent stormwater pollution and
sedimentation.
F. The required amount(s)and.type(s) of Security.
G. Construction and Excavation start dates and completion dates.
H. Any other information the Highway Superintendent may require,'
including, but not limited to, traffic control plans and proof of a right to enter
any private property.
SECTION 6: WINTER WORK - During the "winter wowk season," which is
hereby defined as November 15 through April 1, annually, Permits will generally be
issued only in the discretion of the Code Enforcement Officer and generally only for
emergency work. In the event that a winter Permit is issued, the following temporary
remediation and other requirements apply:
A. All Highway shoulders shall require additional materials and compaction
as determined by the Highway Superintendent.
B. Temporary pavement and road surface restorations may be made by (i)
the placement and compaction of a minimum of two layers of dust-bound
crushed stone, each of a compacted thickness of four inches on the prepared sub
grade, followed by a layer of bituminous concrete, winter mix, six inches in
compacted thickness, on top, or (ii) as otherwise required by the Code
Enforcement Officer.
C. No frozen material shall be placed in excavation areas.
D. Daily inspections may be required and, if so, paid for by the Contractor.
Whenever required by the Code Enforcement Officer, the Contractor shall
perform any needed repairs or maintenance within 24 hours of receipt of any
notice requiring the same
E. All Temporary repairs shall be maintained by the Contractor until a
permanent repair is made. The Contractor must monitor the site and perform
repairs within 24 hours notice of the Code Enforcement Officer.
•
F. As early as spring weather permits, the excavation area shall be inspected
at the expense of the Contractor and a permanent repair shall be made by the
Contractor. Where required, in the reasonable discretion of the Code
Enforcement Officer, the permanent repair may require re-construction of the
road base or other re-construction requirements.
G. Notwithstanding anything which may appear to the contrary in the
Permit or this Local Law, the Contractor assumes all responsibility for the safe
maintenance of the subject work site(s) from November 15 through April 1, and
further assumes all liability for damages resulting from, or in any way connected
with,the subject work and work area during this period.
SECTION 7: REVIEW OF APPLICATION; FEES, ESCROW DEPOSITS,
SECURITY AND INSURANCE - The Code Enforcement Officer shall review each
completed and submitted application within 30 days. Any application may be rejected
if:
A. The details, specifications,or drawings are incomplete or lack specificity.
B. The proposed project, work, Excavation, or Construction is or will be
harmful or injurious to any Highway as determined by the Code Enforcement
Officer.
C. The application has incomplete or inadequate stormwater controls, if
required,or an inadequate SWPPP as required by Town of Newfield Local Law#
of 200 "Stormwater Management and Erosion and Sediment Control Local Law.
D. The proposed Contractor is unable to meet the Security requirements of
the project and/or this Local Law.
The Code Enforcement Officer shall, for each application,determine and set an amount
of Security and liability insurance that must be posted and/or provided by the
Contractor prior to the issuance of any Permit. The Security shall be in such form and
amount as determined by the Code Enforcement Officer. The insurance shall be
procured, paid for, and provided by the Contractor, who shall maintain general all-risk
liability, completed operations, and workers' compensation insurance coverages, each
in the minimum amount of $1,000,000.00. Each such coverage or policy shall name the
Town of Newfield as an additional insured and waive any subrogation rights as against
the Town of Newfield. For any.Construction or Excavation that will be performed in
phases, that will require multiple inspections, or that will require the review of any
engineer or other paid consultant (such as, but not exclusively, to review any SWPPP,
surveys, engineering or design plans, etc., if and as required), the Code Enforcement
Officer may require the establishment of a Fee, inspection, and review escrow account
•
•
("FIREA") to be funded periodically by the Contractor in amounts deemed reasonable
by the Code Enforcement Officer to ensure that adequate funds are available to pay for
the costs of such Fees, inspections, and reviews. The Town Board of the Town of
Newfield may establish, by Resolution, standardized FIREA schedules for permits and
other required reviews, inspections, and reports created, performed, reviewed, or filed
under, in accord with, or in furtherance of this Local Law, which schedule shall (i) be
limited to such amounts as are reasonably estimated as the administrative and other
costs and expenses incurred by the Town of Newfield in connection with any matter
arising under this Local Law, and (ii) be reviewed at least once every year by the Town
Board of the Town of Newfield to assure that the fees remain reasonable in light of
actual and generally incurred costs and expenses associated with Fee, inspection, and
review requirements.
SECTION 8: PERMIT ISSUANCE - The Code Enforcement Officer, upon the
receipt, review and approval of any application, shall issue a Permit for such work
upon such terms as determined in the reasonable discretion of such Code Enforcement
Officer. The Code Enforcement Officer may require that special conditions be met as
deemed necessary, in his or her.discretion, in conjunction with the work, Excavation
and/or Construction to be performed on, in, or under any Highway or Appurtenant
Structure. The Code Enforcement Officer may issue a revised or amended Permit at any
time to correct any error or omission, to require or reference a change in the scope of
work or the project specifications, to address the encountering of unforeseen surface or
subsurface conditions, including weather,or for any other reason.
SECTION 9: ENFORCEMENT OFFICER - The Code Enforcement Officer is
hereby authorized,directed,and designated to enforce the provisions of this Local Law.
SECTION 10: PERFORMANCE - The Contractor may only perform work,
Construction or Excavation as authorized by the express terms of the Permit. In
performing such work,Construction or Excavation,the Contractor shall:
A. Preserve and protect all roadway surfaces, the Highway, and each
Appurtenant Structure from needless destruction or alteration.
B. Commence the work, Excavation, and/or Construction, within 20 days of
the date the Permit is .issued, and there after perform the work, Excavation,
and/or Construction, and all backfilling, tamping, repair, and restoration work,
as one continuous operation to complete the same by the earliest practical date.
As soon as the Contractor becomes aware that Construction, and/or Excavation
may not be completed by the completion date stated in or required by any
Permit, the Contractor must notify the Code Enforcement Officer to apply for a
new permit. No work shall continue past the permit completion date.
K. All. Appurtenant Structures shall be built, repaired and installed in
accordance with all applicable laws, regulations, and rules, including, but not
limited to the New York State Manual of Uniform Traffic Control Devices.
L. The Contractor shall preserve, protect, and maintain (including
maintenance of the distribution of) all utilities encountered or affected by or
during performance of any work,Excavation or Construction.
SECTION 11: REVOCATION OF PERMIT; DEFAULTS - A Permit may be
revoked by the Code Enforcement Officer after notice to the Contractor (or other
permittee) for any violation of any condition of the Permit, for the violation or of any
provision of, or non-compliance with,this Local Law, for the Violation of any provision
of any other applicable ordinance or law relating to the work, or for the existence of any
condition or the doing of any act constituting or creating a nuisance or endangering the
lives or properties of others. The following terms and conditions shall apply to the
revocation of any Permit and/or the occurrence of any Default:
A. A Contractor may be granted one 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 Contractor or his agent
engaged in the work. The notice shall contain a brief statement of the grounds
relied upon for revoking the Permit.
B. Notice may be given either by personal delivery thereof or by registered
United States mail addressed to the person notified.
C. When a Permit has been revoked and the work authorized by the Permit
has not been completed, the Highway Superintendent shall cause such work as
may be necessary to be performed to restore the Highway to as good a condition
as before the Construction or Excavation work was undertaken. Such
performance and work may be undertaken by the Highway Superintendent's
employees and staff, or by any independent contractor hired by the Town of
Newfield to perform such work. All expenses and costs incurred to restore the
Highway shall be recovered from any posted Security, or if the same is
inadequate to cover the costs and expenses thereof,then from the Contractor.
D. The failure of any Contractor to cure any Default or cure any conditions
stated within the above-referenced notice within such three days shall be a
Default that shall entitle the Town of Newfield to collect and utilize any Security
or FIREA deposit for any purpose related to the Contractor's Permit, including,
but not limited to,the repair of any damage, the completion of the project, or the
hiring of any third party to complete the project. No default, nor the completion
of the project by any third party or the Town of Newfield, shall relieve the
Contractor of any obligation or expense imposed under this Local Law, or as
may otherwise be imposed by any other law or regulation.
Notwithstanding the foregoing terms, conditions and requirements, whenever the
Highway Superintendent believes that there is any emergency, the Highway
Superintendent may issue a "stop work" order. Immediately upon receipt of the same
each Contractor shall cease work, secure the worksite, and immediately adhere to and
complete all safety inspections and procedures as may be required by law, regulation,
or the terms of the stop work order. Work may only re-commence upon the written
revocation of the stop work order by the Highway Superintendent.
" F
SECTION 12: INSPECTIONS - Until the Construction or Excavation is
completed, the Town of Newfield may furnish and charge for an inspection for each
day that such work is in progress. Inspections shall be made for the sole purpose of
verifying compliance with the Permit or for verification that the materials and processes
, , used will result in a finished job that is consistent with Town of Newfield specifications.
No inspection is made for the purposes of reviewing, recommending, or verifying
safety practices. Safety compliance and safety inspections are and shall be and remain
the sole responsibility of the Contractor. The Fee for each such inspection shall be
adopted by resolution of the Newfield Town Board and shall be promptly paid upon
request.
SECTION 13: RESTORATION - After performance and/or completion of any
work, Construction or Excavation, the Highway and each Appurtenant Structure shall
be repaired and restored in a permanent manner satisfactory to the Highway
Superintendent and/or in accord with Permit requirements. To the extent possible, any
repair or restoration must match the original Highway or Appurtenant Structure in
type, color, structure, materials; grade, and texture, in compliance with then current
applicable specifications there for. Upon completion of the work and after restoration
pursuant to the terms of this Local Law, any remaining amount of any deposit or
Security shall be returned or released,as applicable.
SECTION 14: WAIVERS - Where the Code Enforcement Officer finds that, due to
the special circumstances of a particular case a waiver of certain requirements is justified,a
waiver of any one or more requirements of this Local Law may be granted. In all cases,no
waiver shall be granted unless the Code Enforcement Officer finds and records in writing
that:
A. Granting the waiver would be keeping with the intent and spirit of this
Local Law and is in the best interests of the community.
B. There is no adverse effect upon the Highway or any Appurtenant Structure.
C. There is no adverse impact upon the ability to safely travel upon such
Highway.
D. There are special circumstances involved in the particular case.
E. Denying the waiver would result in undue hardship, provided that such
hardship has not been self-imposed.
F. The waiver so requested or granted represents the minimum necessary
degree of variation from the requirements of this Local Law or the Permit.
SECTION 15: OFFENSES;PENALTIES;ENFORCEMENT- Any Contractor or
other person or entity that violates any of the provisions of this Local Law shall be
guilty of a misdemeanor punishable by a criminal fine between $500.00 and $2,000.00,
or a sentence of imprisonment not to exceed 15 days, or both. Each week of continued
violation shall be and be deemed a separate offense. For the purposes of conferring
jurisdiction upon courts and judicial officers such violation shall be deemed an
unclassified misdemeanor and all provisions of law relating generally to misdemeanors
shall apply. In lieu of the foregoing and at the election of the Town of Newfield, any
violation of this Local Law shall subject any Contractor,person, or other entity or party
to a civil penalty of not less than $100.00 and not more than $500.00 for any first
violation, and to a civil penalty of not less than$250.00 and not more than$1,000.00 for
any subsequent violations, with such penalties to be recovered in a civil action in the
name of the Town of Newfield. The application of any sentence or penalty shall not
preclude the enforced removal or prevention of any prohibited conditions or violations
of the Permit or this Local Law. Nothing in this Local Law shall prohibit the Town of
Newfield from seeking any other relief as may be provided for or allowed by law or in
equity, or be deemed to effect an election of remedies by the Town of Newfield. Any
fine or penalty provided for in this Local Law is intended to be in addition to, and not
in lieu of, any rights or remedies the Town of Newfield may have in such
circumstances.
SECTION 16: APPEALS - Any aggrieved person or entity may appeal any action
or determination of the Code Enforcement Officer to the Town of Newfield by filing a
written statement setting forth the reasons for such appeal. Such statement shall be
filed within 5 days of the delivery or filing of any action or determination from which
the appeal is taken, time being of the essence. Upon receipt of such appeal, the
Newfield Town Board shall hold a hearing within 30 days and, after a review of all
evidence, shall affirm,modify, or annul the appealed from action or determination.
SECTION 17: ARTICLE 78 - The actions and determinations of the Town of
Newfield, and its elected officials, employees, and agents shall each be deemed "final
determinations" for purposes of Article 78 of the New York Civil Practice Laws and Rules
("CPLR"). Notwithstanding this,standing under said Article 78 of the CPLR shall only be
appropriate after the exhaustion of any administrative appeals as provided for in this
Local Law.
SECTION 18: LIABILITY AND INDEMNITY - The Contractor assumes sole
responsibility for the worksite and all related or adjacent areas and lands and agrees to
assume all responsibility for any injury or damage that may.or does occur as a result of
any Excavation or Construction and any related work, including, but not limited to;
traffic control, grubbing, paving, clean up, remediation, or restoration work. The
Contractor,to the fullest extent permitted by law, shall indemnify and hold the Town of
Newfield harmless from and against any, each, and all losses, actions, causes of action,
suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties,
covenants, contracts, controversies, agreements, promises, variances, trespasses,
damages, judgments, extents, executions, daims, and demands whatsoever, in law,
admiralty or equity (all together hereafter, "Claims"), including, but not limited to,
reimbursement to the Town of Newfield any amount expended for any and all experts',
consultants', attorneys' and engineering fees and expenses arising from or in relation to
any Claim. The Town of Newfield shall not be liable or responsible for any injury to
persons or damage to property due to any acts or failures to act under or pursuant to any
Permit or this Local Law unless it is proven to a reasonable degree of certainty that such
injury or damage was solely caused by a willful or intentional act of the Town of
Newfield.
SECTION 19: CONSTRUCTION WITH OTHER LAWS - The provisions of this
Local Law shall not diminish or impair the right of any other governmental agency or
body to require that any act be taken or avoided. No variance, permit, grandfather
rights, law, code, resolution, procedure, or rule pertaining to zoning or land use shall
supersede the requirements of this Local Law. This Local Law is intended to
supplement and augment the requirements of zoning and land use regulations and
rules, as well as the rules of other governmental bodies and agencies, relating to the
preservation and protection of highways and public rights-of-way, and to ensure their
continued safe operating condition.
SECTION 20: SEVERABILITY; INTERPRETATION - If the provisions of any
article, section, subsection, paragraph, subdivision, or clause of this Local Law shall be
adjudged invalid by a court or other tribunal of competent jurisdiction, such order or
judgment shall not affect or invalidate the remainder of any article, section, subsection,
paragraph, subdivision or clause of this Local Law. Any such invalidity shall be
confined in its operation to the clause, sentence, paragraph, section or article thereof
directly involved in the controversy in which such order or judgment shall have been
•
rendered. Section and other headings are for reference and convenience only and shall not
be deemed or construed to limit or define the requirements of clauses set forth there
under.
SECTION 21: EFFECTWE DATE- This Local Law shall be and become effective
immediately upon filing with the New York Secretary of State.
(Complete the eertifieatinn in the paragraph that appliee to the filing of this local law Anti
strike out that which is not applicable.)
(Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto,designated as local law No. 2 of 20 10' of
the(County)(City)(Town)(Village)of Newfield was duly passed by the
Newfield Town Board on Dec. 9 20 10 ,in accordance withthe applicable
(Name of Legislative body)
provisions of law.
2. (Passage by local legislative body with approval,no disapproval or repassage after disapproval by the Elective
Chief Executive Officer*.)
I hereby certify that the local law annexed hereto,designated as local law No. of 20 of
the(County)(City)(Town)(Village)of was duly passed by the
on 20 ,and was(approved not approved)
(Name of Legislative Body)
(repassed after disapproval)by the and was deemed duly adopted
(Elective Chief Executive Officer')
on 20 ,in accordance with the applicable provisions of law.
•
•
3. (Final adoption by referendum.)
T"ereby certify that the local law annexed hereto,designated as local law No. of 20 of
(CountyXCity)(Town)(Village)of was duly passed by the
• on 20 ,and was(approved)(not approved)
(Name of Legislative Body)
(repassed after disapproval)by the on 20
(Elective ChiefExecutive Officer')
Such local law was submitted to the people by reason of a(mandatory)(permissive)referendum,and received the affirmative
vote of a majority of the qualified electors voting thereon at the(general)(special)(annual)election held on
20 , in accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.)
dum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the(County)(City)(Town)(Village)of was duly passed by the
(Name of Legislative Body) on 20 ,and was(approved)(not approved)
(repassed after disapproval)by the on 20 .Such local
(Elective Chief Executive Officer')
law was subject to permissive referendum and no valid petition requesting such referendum was filed as of
20 in accordance with the applicable provisions of law.
* Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-wide basis or,if there be none,
the chairperson of the county legislative body,the mayor of a city or village,or the supervisor of a town where such officer is vested with the
power to approve or veto local laws or ordinances.
b0s-239 (Rev.11/99) Page 2 of 3
.• 1 11 1'1 1 I . . / '1 1 1 1 I 1 1.1.1 1 1 ' S
I hereby certify that the local law annexed hereto, designated as local law No. of 20___—of
the City of having been submitted to referendum pursuant to the provisions of section(36)(37)
he Municipal Home Rule Law,and having received the affirmative vote of a majority of the qualified electors of such city
:ing thereon at the(special)(general)election held on 20 ,became operative.
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto,designated as local law No. of 20 of
the County of State of New York,having been submitted to the electors at the General Election of
' November 20 ,pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law,and
having received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority
of the qualified electors of the towns of said county considered as a unit voting at said general election,became operative.
(If any other authorized form of final adoption has been followed,please provide an appropriate certification.)
I further certify that I have compared the preceding local law with the original on file in this office and that the same
is a correct transcript therefrom and of the whole of such original local law, and wa.$ finally adopted in the manner
indicated in paragraph—l_,above.
/2
Clerk of the county legislative body,City,Town or Village Clerk or
officer designated by local legislative body
(Seal) Date: /p�` 9" ./U
(Certification to be executed by County Attorney,Corporation Counsel,Town Attorney,Village Attorney or other
wthorized attorney of locality.)
FATE OF NEW YORK
'COUNTY OF Tompkins
I,the undersigned,hereby certify that the foregoing local law con .' i•- .•rrect text and that al proper proceedings have
been had or taken for the enactment of the local law annexed h; eto.
C .
•
Town Attorney
Title
County
Cityo f Newfield
Town
Village
Date: /1-- - 9 - / C'
DOS-239 (Rev.11/99) Page 3 of 3
•