Town of Cornwall, NY
Orange County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Cornwall as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Parking at Town Hall — See Ch. 105.
Prior notice of defects — See Ch. 114.
Subdivision of land — See Ch. 125.
Trees — See Ch. 138.
Street specifications — See Ch. A161.
[Adopted 6-15-1964]

§ 122-1 Definitions.

As used in this article, the following terms shall have the meanings indicated:
HIGHWAY
All or any part of any street, highway or right-of-way owned or controlled by the Town of Cornwall.
PERSON
Natural person and corporation.

§ 122-2 Permit required.

[Amended 3-11-1985; 9-25-1989 by L.L. No. 4-1989]
No person shall intentionally injure any highway or cause to be dug or make any hole or excavation in or under any highway or cause to be erected thereon or therein any object without having first applied for and received a written permit to be issued by the Town Superintendent of Public Works in accordance with the terms of this article.

§ 122-3 Responsibility for damages.

[Amended 3-11-1985; 9-25-1989 by L.L. No. 4-1989]
The person to whom such permit is issued shall be responsible for all damages caused to public utilities in the highway and shall, under the supervision of the Superintendent of Public Works, replace any cracked or damaged sewer pipe or water main with new pipe and repair or replace damaged ditches, curbs, sidewalks or other improvements so that they shall be in as good a condition after the excavation as before the excavation.

§ 122-4 Restoration of surface.

[Amended 3-11-1985]
Any such excavation in any highway shall be restored with materials equivalent to those excavated so that the excavated portion shall be left in as good, substantial and permanent a condition as before the excavation. The restoration shall be done under the direction of the Town Superintendent of Public Works and shall be completed within a reasonable time after the excavation, which said time is to be determined by the Town Superintendent of Public Works.

§ 122-5 Bond requirements.

[Amended 3-11-1985; 9-25-1989 by L.L. No. 4-1989]
Each person making an excavation in any highway shall deposit with the Town Superintendent of Public Works, at the time of securing a permit or permits to excavate, a surety bond in favor of the Town of Cornwall, guaranteeing to the town that the restoration will be properly accomplished. This bond shall be approved by the Attorney for the town prior to the issuance of the permits to make the excavation. The amount of the bond shall be computed as follows: $2 per square foot of highway surface excavation. If the applicant so desires, in lieu of the surety bond he may deposit an equivalent amount of moneys with the Town Superintendent of Public Works, either in the form of cash or in the form of a bank draft, made payable to the order of the Town of Cornwall, to be held as security by the town to ensure the proper restoration of any excavation. Notwithstanding the foregoing provisions and regardless of the surface area of the excavation and the type of highway to be excavated, the minimum surety bond shall be in the amount of $1,000 and the minimum deposit of moneys shall be $300. In the event that the restoration is not properly completed, it shall be the duty of the Town Superintendent of Public Works to sue for and recover such costs as may be proper under the circumstances, and the surety bond or funds held by the town shall be used to defray any cost incurred by the town in connection with the restoration which may have been improperly done by the holder of the permit.

§ 122-6 Liability insurance.

[Amended 4-1-1966; 3-11-1985; 9-25-1989 by L.L. No. 4-1989]
No permit for excavation in town highways shall be issued by the Town Superintendent of Public Works unless the person applying for the permit shall present to the Superintendent proof of coverage by liability insurance for bodily injuries and property damage in amounts equal to $1,000,000 for each person injured and $100,000 property damage. Such liability insurance must name the town as an additional insured.

§ 122-7 Issuance of permits; refunds of deposits.

[Amended 3-11-1985; 9-25-1989 by L.L. No. 4-1989]
The Town Superintendent of Public Works shall prepare applications for highway excavation permits and shall issue these permits to any person making application therefor who shall comply with the provisions of this article in connection with surety bond or the necessary deposit as well as liability insurance. These permits shall be issued to the applicant in triplicate, one copy to be retained by the Town Superintendent of Public Works for his records, one copy be retained by the applicant and the third copy to be endorsed by the Town Superintendent of Public Works when the excavation and restoration have been completed, and upon this copy being so endorsed, the Superintendent shall return to the applicant his security bond or cash deposit and liability insurance policy.

§ 122-8 Guarding of excavation.

No person making or having made any such excavation in or upon any highway shall permit such excavation to remain open or uncovered, either day or night, without having or causing the same to be properly guarded by day or night. In addition, the person making the excavation shall place at such location flares, red lanterns or other warning devices by night so as to properly warn all persons of the danger of such excavation.

§ 122-9 Penalties for offenses.

[Amended 9-25-1989 by L.L. No. 4-1989]
Any person committing an offense against any of the provisions of this article shall be guilty of a violation and, upon conviction thereof, shall be punishable for each offense by a fine of not more than $250 or by imprisonment for not more than 15 days, or both. In addition to the above-provided penalty, the Town Board may also 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 the terms of this article.