§ 60-1Notice required; liability for damages.
§ 60-2Safety precautions.
Except for emergency work, no person, persons, individual, firm, partnership, association, corporation, company or organization of any kind shall dig, excavate or otherwise do their work within the public right-of-way, easement or where the town-owned water pipes, sewers or storm drains are located, except during the hours of a regular workday for the town employees unless otherwise authorized by the Superintendent of Highways. No work within such areas shall proceed without first filing a notice with the Superintendent of Highways with the appropriate documentation, i.e., maps or other material sufficient to identify the exact location of the area to be excavated. Proof of adequate insurance to cover any damage or injuries arising from such work must be available at the request of the Superintendent of Highways and copies thereof provided when so requested. The Superintendent of Highways shall authorize the excavation work either in writing or verbally. Any person, persons, individual, firm, partnership, association, corporation, company or organization of any kind doing any of the aforesaid work shall be held liable for any damages resulting from said work to culverts, pipes and mains.
The applicant for a permit required by § 60-1A may fax the application for permit and other documents to the Highway Superintendent for his review and approval. The fax of the application for permit and other documents, upon approval by the Highway Superintendent, shall constitute compliance with this chapter.
Any applicant for a permit to excavate in a Town of Potsdam right-of-way may file with the Highway Superintendent a copy of its insurance coverage and, thereafter, said applicant will be relieved of subsequent filings required by this chapter, unless there is a change of insurance. An applicant will be required to file new proof of insurance required by this chapter in the event of any change in documentation previously filed with the Highway Superintendent indicating proof of insurance. An applicant may file with the Highway Superintendent a letter of self-insurance as full compliance with requirements of this chapter.
Any person, persons, individual, firm, partnership, association, corporation, company or organization of any kind making an excavation covered by this chapter shall erect suitable barriers or guards for the protection of persons using the streets and, in addition thereto, shall set up and maintain during the hours of darkness sufficient lights or flares or retroreflective barricades to properly illuminate or delineate the work area and shall also take all necessary precautions for the protection of property of the town, public service companies, municipal districts adjoining property owners and others which might be endangered by such excavations or the work incident thereto and shall comply with all directions given by the Superintendent of Highways with respect to such barriers, lights, flares and protective measures.
The applicant shall restore the area excavated to its condition prior to excavation and shall be responsible for making additional repairs to said site if there is any settling or subsidence thereafter caused by such excavation for a period of two years after completion of said excavation.
The applicant shall indemnify and hold harmless the Town of Potsdam against liability for claims, demands, loss, payments, suits, actions, recoveries and judgments brought or recovered against it, arising out of or resulting from or on account of the fault or negligence of the applicant in relation to the work conducted pursuant to the excavation permit and shall hold the Town of Potsdam harmless therefrom. Such indemnification shall not be affected by insurance provided by the applicant.
In the event of an emergency and an applicant cannot contact the Highway Superintendent during regular business hours, then and in that event, an applicant can remedy the emergency situation and then file the necessary application for permit and related documents with the Highway Superintendent.