[HISTORY: Adopted by the Town Board of the Town of Somers 9-19-1991
by L.L. No. 5-1991. Amendments noted where applicable.]
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.
