[Adopted 8-11-1970 by L.L. No. 1-1970
(Ch. 13 of the 1969 Code)]
This article shall be known as the "Highway
Excavation Local Law."
No person other than the State of New York or
a municipal corporation, or an employee thereof acting in the course
of his employment, shall excavate, drill or bore within the boundaries
of any public highway within the Town of Farmington, New York, other
than the New York State Thruway, without obtaining a written permit
therefor signed by the Town Highway Superintendent and the Water and
Sewer Superintendent of the Town of Farmington.
[Amended 4-13-2021 by L.L. No. 9-2021]
The applicant for a highway excavation permit specified above in § 140-2 of this chapter shall pay a fee to the Town Clerk prior to the issuance of such permit. Said fee shall be that which is made part of the annually adopted Town of Farmington Fee Schedule.
[Amended 4-13-2021 by L.L. No. 9-2021]
No highway excavation permit shall be issued
until the applicant shall furnish the Town Clerk with:
A.
A performance bond or other acceptable form of surety, in the amount
determined by the Town Highway Superintendent and accepted by the
Town Board, to be sufficient for assuring the Town that its highway
and the improvements therein, or adjacent thereto, and belonging to
the Town, or which is determined to be in the best interest of the
Town, will be restored to the condition in which they were found immediately
prior to the excavating, drilling or boring for which such permit
is issued. In the event the applicant shall disagree with the Highway
Superintendent's determination of the amount of the performance
bond or other acceptable form of surety, the applicant may appeal
this matter to the Town Board. The Town Board, by resolution, shall
fix the amount of such performance bond or other acceptable form of
surety. No permit shall be issued by the Town Highway Superintendent
until an acceptable amount has been filed with the Town Clerk's
office.
B.
A certificate of insurance coverage showing the applicant has coverage
in the amounts acceptable to the Town's insurance company.
[Amended 4-13-2021 by L.L. No. 9-2021]
No performance bond or other acceptable form of surety shall
be required for the issuance of a Town highway excavation permit to
excavate, drill or bore within the right-of-way boundary of any state
or county highway. The Town Highway Superintendent shall clearly state
upon such permit that no Town improvements are located within or adjacent
to the area which is within the right-of-way boundary of any county
or state highway.
[Amended 4-13-2021 by L.L. No. 9-2021]
Such Town permits shall be valid only during the period of time
specified thereon, as determine by the Town Highway Superintendent.
At the expiration of such period, or as may the work be completed
sooner, and the expiration of five business days thereafter, the Town
Highway Superintendent shall mail a notice to the applicant specifying
the work performed has been accepted and the property affected has
been restored to the condition in which they were found. In the event
the work is found not to be performed in accordance with the specifications
contained in the permit and/or the property has not been restored
to the condition in which it was originally found, the Town Board,
by resolution, shall then cause such work to be performed, applying
the necessary amount in the performance bond or other acceptable for
of surety to the timely completion of the work and/or the restoration
of the property to its condition in which it was found. The provisions
of this section shall not limit the rights of the Town to bring any
other legal action against the applicant, his agents or employees,
to recover additional costs incurred by the Town.
Upon completion of the work and the restoration
of the highway and improvements to the condition in which they were
found within the period specified in such permit, the Town shall refund
the cash deposit or release the performance bond.
The violation of § 140-2 of this article shall constitute an offense punishable by imprisonment for not more than 15 days, or by a fine not to exceed $500, or both. Each day that a person excavates, drills or bores without a permit therefor, as required by this article, shall constitute a separate offense.
