[Amended 9-23-1974; 10-16-2018]
No permit for street opening shall be issued
by the Commissioner of Public Works until the applicant therefor shall
have first placed on file with the Commissioner of Public Works of
the City of Middletown, at the sole cost of the applicant, satisfactory
evidence of public liability insurance naming the applicant thereon
as well as the City of Middletown as a named insured and waiver of
subrogation, in an amount not less than $1,000,000 for any one person
and not less than $3,000,000 for any one accident, and property damage
insurance in the amount of not less than $2,000,000 for any one accident.
The applicant must provide workers' compensation with waiver of subrogation
in favor of the City of Middletown. The applicant may, in lieu of
placing on file the actual policy, deliver to the Commissioner of
Public Works a certificate by an insurance company duly licensed to
operate in the State of New York certifying that insurance in the
amount above set forth, and naming the City of Middletown as an insured
on the said policy, is in force and effect. All such certificates
or policies shall be approved as to form, correctness and adequacy
by the Corporation Counsel of the City of Middletown. Failure to file
with the Commissioner as herein required and to keep in force and
effect insurance as provided for above shall result in a denial by
the Commissioner of any street opening permits.
Tunneling under pavements or sidewalks will
not be allowed, but small pipes or conduits having a dimension of
six inches or less may be driven beneath pavement or sidewalks in
such a manner that the surface shall not be disturbed or injured,
and provided that:
A. The prior written approval of the Commissioner is
obtained.
B. No excavation in connection therewith shall be closer
than one foot to the edge of a sidewalk or 18 inches to the edge of
a pavement.
C. Such pipes or conduits shall be enclosed in sleeves
or larger pipes so that required replacements or repairs may be made
in the future without disturbance or injury to the pavement or sidewalk.
D. In the event of damage to a pavement, sidewalk or
subsurface pipe or structure caused by driving such pipe or conduit,
the permittee shall repair and make good the damage at the permittee's
own expense.
No person shall excavate or dig up any sidewalk
except with the permission of the Commissioner of Public Works. No
fee or deposit shall be required. All proper safeguards shall be provided,
and work shall be performed in a manner satisfactory to the Commissioner
of Public Works and in accordance with the provisions of this article.