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.
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.
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.