[Adopted 3-12-2012 by L.L. No. 6-2012]
[Amended 7-3-2023 by L.L. No. 5-2023]
A.
No person, other than a duly authorized Town officer or employee,
shall make any openings or remove any pavement or paved trails in
any street, avenue, alley, curb or public place in the Town of Clifton
Park without a permit from the Superintendent of the Highway Department.
This article applies to all utilities, communication and transportation
companies and contractors wishing to excavate, cut or perform construction
activities within Town roads, streets, highways or rights-of-way for
the purpose of laying pipe, conduit, or other infrastructure within
the Town right-of-way.
B.
The fee for a permit shall be established by resolution of the Town
Board, as updated from time to time, and made payable to the Clifton
Park Highway Department.
C.
Permits issued hereunder shall not be transferable.
D.
All permit
fees shall be forwarded to the Receiver of Taxes and Assessments,
along with the name and address and affiliation of the applicant,
total amount of the permit fee remitted and the basis for its calculation.
E.
Deposits/security.
(1)
Any
amounts held or collected as a deposit or security for the purpose
of ensuring restoration to the standards outlined in the permit application
shall be accounted for and submitted to the Receiver of Taxes.
(2)
Upon
documentation provided that demonstrates that the restoration of the
pavement, right-of-way, and any other condition for which a deposit
or security is held has been satisfactorily completed, the Superintendent
of Highways shall submit a voucher to the Receiver of Taxes, who shall
process refunds in accordance with the documentation provided.
A.
Whenever a street or a portion of a street is to be closed to traffic or parking is to be prohibited for eight or more hours on one day or over a period of several days, the Superintendent may require, as a condition of the issuance of a permit under § 176-5, a program of public notification which may include the following:
(1)
Notification of scheduled work in the public service section of a
local newspaper of general circulation in advance of the commencement
of such work.
(2)
Direct contact with residents on affected street through circular
or leaflet.
(3)
Posting of scheduled work on the Town's website.
[Amended 7-3-2023 by L.L. No. 5-2023]
(4)
Signage at the work site.
B.
Notification should include expected date and time of commencement
and completion of work, hours that the street shall be closed to traffic,
the date and times temporary parking restrictions will be in effect
and the availability of alternate routes, if applicable.
A.
Application for a permit shall be made to the Superintendent of the
Highway Department on the attached forms, which shall describe the
location, number, purpose and specific dimensions of the openings
to be made, the kind of pavement or paved trail to be removed, the
time when such openings are desired and the duration, in days, that
the openings will remain open, together with such other information
regarding the work as the Superintendent of the Highway Department
may require. Applications for permits shall expire in 90 days.
[Amended 7-3-2023 by L.L. No. 5-2023]
B.
Emergency procedure. In cases of a service emergency, permit applications
can be faxed or delivered to the Superintendent of the Highway Department
within 24 hours after a pavement opening, or the next business day.
[Added 7-3-2023 by L.L. No. 5-2023]
The Highway Superintendent shall keep and maintain complete
and accurate records of all applications for permits received by the
Highway Department, including:
A.
Copies
of all permit applications, with a date stamp or other permanent record
of the date of receipt. Such records shall be kept by year and name
of the applicant.
B.
The disposition
of each application, whether a permit was issued for each such application,
the date of issuance, and the date that the work site was restored
or otherwise closed.
C.
The permit
fees collected and transmitted to the Receiver of Taxes.
D.
Complete
and accurate information on the receipt, and disposition, of any funds
or any other thing of value collected or held for security or for
the purpose of ensuring that the work site restoration is accomplished
satisfactorily.
E.
All such
records shall be maintained for five years, on an annual basis.
[Added 7-3-2023 by L.L. No. 5-2023]
The Superintendent shall provide an annual report to the Town
Board, on or before September 1, detailing the number of all applications
received and the amount of fees and security collected as well as
the date of application and the date of response, including a statement
as to whether each application was granted, denied or otherwise processed.
The report shall also detail any applications for which restoration
work was incomplete or resulted in any damage to property, the steps
taken by the Department to require completion or to remedy such damage,
as well as the applicant’s response.
Before a permit is granted, the applicant shall provide a certificate
of insurance of a duly authorized insurance company, in the sum of
$1,000,000 designating the Town as a named insured and evincing coverage
to indemnify and save harmless the Town of Clifton Park from all loss,
damage, cost and liability whatever which the Town may sustain or
incur by any reason arising out of the work performed or to be performed.
The closing and repavement shall thereafter be performed in
a consistent with specifications published by the Superintendent of
Highway Department. The Superintendent shall be notified when repavement
operation is complete, and an opportunity for inspection provided.
[Amended 7-3-2023 by L.L. No. 5-2023]
A.
A person authorized to open a street or paved trail pursuant to the
provisions of this article shall have a continuing duty to keep such
area free from settlement or other defects caused by said openings
for a period of one year following restoration and shall, when necessary,
repair and restore such area to the pre-excavation condition consistent
with the methods and supplemental conditions provided in the permit
application.
B.
If a permittee fails to properly repair any pavement openings, after
written notice thereof from the Highway Department, the Highway Department
shall have such repairs made, which shall be charged against the permittee.
C.
Nothing contained herein, however, shall prevent or preclude the
Highway Department from taking whatever steps may be necessary, with
or without notice, when emergency or otherwise dangerous conditions
exist.
D.
Failure to properly restore pavement openings. If, in the judgment
of the Highway Superintendent, an applicant has failed to properly
restore a pavement cut or street opening pursuant to a permit issued
under this article, or has failed to make application for same under
this article, the Highway Superintendent shall provide the applicant
with a detailed notice of any defects or damage to property, with
a copy to the Town Supervisor, and provide a reasonable opportunity
for the applicant to remedy such defects or to remediate any damage
outstanding.
Permits shall be required for street openings by or on behalf
of the Clifton Park Water Authority, and for Town sewer operations
and for private contractors operating in connection therewith; however,
no permit application fee shall be charged.
[Amended 7-3-2023 by L.L. No. 5-2023]
Permits for residential driveways, culvert installation, or
the installation of lateral lines for individual service for water,
sewer or utilities or communications facilities:
A.
No person,
other than a duly authorized Town officer or employee, shall make
any openings or remove any pavement or paved trails in any street,
avenue, alley, curb or public place in the Town of Clifton Park without
a permit from the Superintendent of the Highway Department.
B.
Residential
driveway or culvert installation permits shall be issued by the Highway
Department without fee.
C.
The Highway
Superintendent shall keep and maintain records for all individual
permits for driveways, culverts or other installations for individual
properties within the Town, including:
(1)
The
date each application was received by the Department, the date of
the disposition of each such application, and permits issued, or denied,
including all drawings, sketches, and descriptions of the work requested
and any necessary restorations to the public roads, right-of-way or
property.
(2)
If
the Highway Department does not make a determination to grant, modify
or deny and such application within 30 days, a written explanation
for the determination shall be maintained by the Department.
(3)
All
such records shall be maintained for six years, on an annual basis.
