Town of Somers, NY
Westchester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Somers 9-19-1991 by L.L. No. 5-1991. Amendments noted where applicable.]
GENERAL REFERENCES
Fees — See Ch. 95.
Subdivision road construction specifications — See Ch. A174.
The Town Board of the Town of Somers hereby finds that its existing ordinances which apply to street and driveway openings are inadequate and do not vest the Superintendent of Highways with sufficient flexibility to ensure that work is done in a proper manner. The Town Board therefore finds that it is necessary to adopt this chapter in order to establish general standards governing the issuance of permits for street and driveway openings as provided for in Town Law § 130, Subdivision 7.
No person, firm, association, corporation, special improvement district, public utility, municipal, state or other public district shall open, dig up, cut, remove, lower, raise, create new access or egress to or from any street or highway or in any way alter any street or portion thereof within the jurisdiction of the town without first obtaining a permit from the Superintendent of Highways.
A. 
Every application for a permit to open, dig up, cut, remove, lower, raise, create new access or egress to or from any street or highway or in any way alter any street or portion thereof within the jurisdiction of the town shall be in writing and shall state the purpose, extent, location and nature of the proposed work.
B. 
A fee in the amount set forth in the town fee schedule[1] shall accompany every application for a permit, except that any person, firm, association, corporation, special improvement district, public utility, municipal, state or other public district may pay a nonrefundable annual permit fee in the amount set forth in the town fee schedule for all inspections required under this chapter. In addition, the applicant shall deposit, at the discretion of the Superintendent of Highways, a refundable sum of $750 which shall be posted to guarantee to the town the probable expense to it of the replacement by the town of the street, highway or sidewalk or public place, and the unexpended balance, if any, shall be refundable to the depositor upon approval of the Town Board upon request of the Superintendent of Highways.
[1]
Editor's Note: The current fee schedule is on file in the office of the Town Clerk.
C. 
The applicant shall indemnify the town and save it harmless from any and all liability which shall result from any such work. Any public utility, municipal, state or other public district may, in lieu of making such deposit, file a surety bond in such sum as is determined by the Superintendent of Highways securing the town against loss, damage or expense caused by the failure of such public utility, municipal, state or other public district to perform the proposed work or any restoration thereof in conformity with specifications adopted by the Superintendent of Highways which bond shall also indemnify the town and save it harmless from any and all liability which shall result from any such work.
No work may be commenced under any permit granted pursuant to this chapter unless or until such notice, as shall be directed by the Superintendent of Highways, shall have been given to public service corporations and such other entities, persons, associations or corporations as have lines, mains or other property in the streets so as to permit them to protect their property.
Each permit issued pursuant to the terms of this chapter shall be at all times in the possession of the parties actually performing the work.
The town, by the issuance of any such permit, assumes no responsibility for supervising the work of any applicant or for the work actually performed by any applicant and shall not be liable for the negligence of any such applicant.
A. 
In the event that an unsafe condition is created in connection with any work being performed pursuant to a permit issued hereunder, which condition creates an immediate danger of personal injury or property damage, the town shall have the right to take whatever action is necessary and permit such work as is required to restore the same to a proper and safe condition, and the cost thereof shall be charged against the applicant and may be deducted from the deposit made by him or paid by the surety, as the case may be.
B. 
In the event that an applicant fails to abide by the direction issued by the Superintendent of Highways, after 24 hours' written notice of the applicant, if said applicant has not made satisfactory arrangements to correct the situation, the Superintendent of Highways may cancel the permit or otherwise take whatever action is necessary to remedy the applicant's noncompliance, and the cost thereof may be charged against the applicant and deducted from the deposit made by him or paid by the surety, as the case may be.
Any person, firm, association, corporation, special improvement district, public utility, municipal, state or other public district which performs work without obtaining the permit required hereunder shall be liable to pay a penalty not to exceed $250 for each day work is conducted without such permit.