Highway crossings and road cuts shall be governed by and in
accordance with the provisions of Highway Law § 149.
No person, firm or corporation shall, after the effective date
of this article, cut, construct or locate an overhead or underground
crossing or lay or maintain drainage, sewer and water pipes underground
into a highway of the Town of Mamakating nor reconstruct, modify,
alter, add to or relocate any such highway crossings or lay or maintain
drainage, sewer and water pipes underground into a highway crossings
and road cuts without having first received a permit to do so from
the Superintendent of Highways of said Town.
A person, firm or corporation desiring to cut, construct of
locate an overhead or underground crossing or lay or maintain drainage,
sewer and water pipes underground within portions of a Town highway
or desiring to construct, modify, alter, add to or relocate highway
crossings and road cuts into a Town highway of the Town of Mamakating
shall make an application for a permit to do so to the Town Superintendent
of Highways. Such permit shall be in the form and shall be approved
by the Town Board by resolution from time to time.
Each applicant for a permit shall provide evidence of liability
insurance, in the sum of $1,000,000, naming the Town as additional
insured under the applicant's insurance policy and evidenced
by a certificate of insurance issued in the name of the Town.
Each applicant shall also provide, as a condition precedent
to the issuance of a permit, an indemnity bond in the minimum amount
of $500 or such higher amount as the Superintendent of Highways may
determine necessary to cover the probable expense to the Town of the
replacement by the Town of the street, highway, sidewalk or public
space. Such indemnity bond shall be in the form of a bond issued by
an insurance company licensed to do business in the State of New York
or by deposit of cash with the Town Clerk or by bank check or certified
check payable to the order of the Town. The undertaking shall be returned
to the applicant upon inspection of the road crossing by the Highway
Superintendent, by the Engineer for the Town and his or their recommendation
that the undertaking be returned. In the event of a cash deposit,
the unexpected balance, if any, shall be refunded to the depositor.
In the event that an emergency requires a highway crossing or
excavation at a time when a permit cannot be obtained, such crossing
may be made without a permit, provided that, time being of the essence,
such permit is applied for and a provision hereof complied with as
soon as thereafter may be practicable.
Upon the filing of an application for a permit, the applicant
shall pay the Town a fee as set forth on the schedule of fees of the
Town of Mamakating, together with such additional sums as are charged
to the Town by the Engineer for the Town for the review of the work
undertaken by the applicant. Permit fees may be increased from time
to time hereafter by the Town Board resolution duly adopted at a regular
meeting hereof.[1]
[1]
Editor's Note: The current resolution is on file in the
office of the Town Clerk.
