[Adopted 11-25-1952; amended in its entirety 3-31-2020 by L.L. No. 5-2020]
A. No person shall open or cause to be opened the surface pavement or
soil in any portion of the public right-of-way, public easement, park
or other public place for any purpose whatever without first making
a written application, on a form provided by the town, to the Superintendent
of Highways and obtaining a street opening permit. Prior to the issuance
of a street opening permit, the permittee shall pay the administrative
fees and deposits set forth by resolution of the Town Board in the
Master Fee Schedule, which may be amended.
B. No deposits shall be required if a bond is filed in accordance with §
111-10 relating to public service corporations, however all public service corporations must submit the required administrative fees set forth by resolution of the Town Board in the Master Fee Schedule.
C. The unexpended balance of any such deposit shall be refunded to the
depositor one year after the completion of the work and the filling
in of said opening to the satisfaction of the Town Superintendent
of Highways, except in connection with lump-sum amounts fixed by the
Superintendent of Highways and accepted and paid by the applicant
for doing said work or any part thereof by the Superintendent of Highways
for account of the Town, in which case there shall be no refund.
Nothing herein contained shall be construed to affect the position
of Superintendent of Highways, which position exists by virtue of
state law, it being the intention of the Town Board that the position
of Superintendent of Highways and Commissioner of Public Works are
compatible and shall be held simultaneously by the same individual.
No person shall obstruct a highway or street in such a manner
as to close the same without obtaining a written permit from the Chief
of Police and the Superintendent of Highways, satisfying the provisions
of the Vehicle and Traffic Law and the Highway Law.
In the case of openings for sewers, drains, water, gas, telephone
or other public utility purposes, the permittee is responsible for
the temporary repair of the opening within the public right-of-way,
public easement, park or other public place. In such case, the Superintendent
of Highways, in his or her discretion, at the time of issuing the
permit, may authorize the permittee to do all the work required for
permanent restoration of any opening within said public right-of-way,
public easement, park or other public place. In the event that the
Superintendent of Highways does not authorize the permittee to do
any of the work required for the permanent restoration of the opening
within the public right-of-way, public easement, park or other public
place, the regular fees fixed by resolution of the Town Board for
this purpose shall apply.
All work shall be under the supervision of the Superintendent
of Highways and must be performed to his satisfaction and specifications.
In cases where two or more neighboring openings are made at
one time, the Superintendent of Highways may allow the same under
one permit, charging therefor only one fee for issuing the permit
but separate fees for the repairs and inspections. In no case shall
permits be granted to anyone, other than a public service corporation,
for more than five openings to be made simultaneously.
A. Any firm, individual, corporation or other entity performing any
construction, repair, maintenance or alteration in any Town, county
or state highway right-of-way shall erect and maintain suitable barricades
and fences around all of his or its work while excavation or other
work is in progress, shall keep openings plainly lighted between sundown
and sunrise and shall arrange his or its work in such a manner as
to cause a minimum of inconvenience and delay to vehicular and pedestrian
traffic.
B. Whenever the free flow of traffic is to be interrupted or interfered
with, the Superintendent of Highways may request uniformed police
officers from the New Castle Police Department to provide a manned
marked police vehicle to expedite traffic and enhance the safety of
road workers and motorists, with the cost thereof being reimbursed
by the firm, individual, corporation or other entity performing the
work. Such request shall be subject to the review and approval of
the Chief of Police. The Superintendent of Highways shall require
the firm, individual, corporation or other entity to designate competent
persons to direct and expedite traffic by means of lights or flags
to minimize inconvenience, hazard and delay to any and all traffic.
Whenever a concrete slab is cut or broken, the area to be replaced
shall include a full slab.
Any curbing removed by any person shall be reset or replaced.
Any person failing to restore curbing to its original condition shall
be required to pay an additional fee as fixed by resolution of the
Town Board. Any person constructing a new or substantially improved
home may be required to install, replace or reset granite curbing
along the edge of pavement adjacent to the entire property, as directed
by the Superintendent of Highways.
A. No permit for an operation under this chapter shall be issued by
the Superintendent of Highways until the permittee therefor shall
have first placed on file with Town Superintendent of Highways, satisfactory
evidence of the following types of coverage and limits of liability:
(1) Commercial general liability (CGL) coverage with limits of insurance
of not less than $1,000,000 each occurrence and $2,000,000 annual
aggregate.
(a)
If the CGL coverage contains a general aggregate limit, such
general aggregate shall apply separately to each project.
(b)
The Town of New Castle and its agents, officers, volunteers,
directors and employees shall be named as additional insureds and
included in a waiver of subrogation endorsement.
(c)
The permittee and/or contractor shall maintain CGL coverage
for itself and all additional insureds for the duration of the project
and maintain completed operations coverage for itself and each additional
insured for at least two years after completion of the work.
(d)
The permittee and/or contractor's policy must be primary
and noncontributory to any insurance the Town of New Castle maintains.
(2) Automobile liability: business auto liability with limits of at least
$1,000,000 combined single limit each accident.
(a)
Business auto coverage must include coverage for liability arising
out of all owned, leased, hired and nonowned automobiles.
(b)
The Town of New Castle and its agents, officers, volunteers,
directors and employees shall be named as additional insureds on the
automobile policy and included in a waiver of subrogation endorsement.
(c)
The permittee and/or contractor's policy must be primary
and non-contributory to any insurance the Town of New Castle maintains.
(3) Workers' compensation and employer's liability: employers'
liability insurance limits per statutory requirements.
(a)
The Town of New Castle and its agents, officers, volunteers,
directors and employees shall be included in a waiver of subrogation
endorsement.
(b)
The permittee and/or contractor's policy must be primary
and non-contributory to any insurance the Town of New Castle maintains.
(4) Umbrella liability coverage with limits not less than $1,000,000
each occurrence and $1,000,000 annual aggregate.
(a)
The Town of New Castle and its agents, officers, volunteers,
directors and employees shall be named as additional insureds and
included in a waiver of subrogation endorsement.
(b)
The permittee and/or contractor shall maintain umbrella liability
coverage for itself and all additional insureds for the duration of
the project and maintain completed operations coverage for itself
and each additional insured for at least two years after completion
of the work.
(c)
The permittee and/or contractor's policy must be primary
and non-contributory to any insurance the Town of New Castle maintains.
(5) The permittee and/or contractor shall not sublet any part of its
work without assuming full responsibility for requiring similar insurance
from its subcontractors and shall submit satisfactory evidence to
that effect to the Town of New Castle. Each such insurance policy,
except the workers' compensation policy, shall name the Town
of New Castle and its agents, officers, directors and employees as
an additional insured.
(6) Certificates shall provide that 30 days' written notice prior
to cancellation be given to the Town of New Castle. Policies that
lapse and/or expire during the term of occupancy shall be recertified
and received by the Town of New Castle no fewer than 30 days prior
to cancellation or renewal.
(7) Such insurance hereinabove referred to shall remain in force throughout
the effective period of the permit and/or any authorized extension
or extensions thereof and shall carry an endorsement to the effect
that the insurance company will give at least 10 days' prior
written notice to the Town of New Castle of any modification or cancellation
of any such insurance and shall contain a clause to the effect that
termination of said insurance shall be without prejudice to the right
of the Town of New Castle to make claim or claims thereafter for any
loss or damage sustained as a result of any act or acts committed
or omitted during the term of said insurance.
B. Indemnification and hold harmless.
(1) To the fullest extent permitted by law, the permittee and/or contractor
will indemnify and hold harmless the Town of New Castle, its officers,
representatives, agents and employees from and against any and all
claims, suits, liens, judgments, damages, losses and expenses, including
reasonable legal fees and all court costs and liability (including
statutory liability) arising in whole or in part and in any manner
from injury and/or death of a person or damage to or loss of any property
resulting from the acts, omissions, breach or default of the permittee
and/or contractor, its officers, directors, agents, employees and
subcontractors, in connection with the performance of any work by
or for the permittee and/or contactor pursuant to any contract, purchase
order and/or related proceed order. The permittee and/or contractor
will defend and bear all costs of defending any actions or proceedings
brought against the Town of New Castle, its officers, representatives,
agents and employees, arising in any employee of the permittee and/or
contractor and shall not be limited in any way by an amount or type
of damage, compensations, or benefits payable under any applicable
workers' compensation, disability benefits or other similar employees'
benefit act.
(2) The permittee and/or contractor shall expressly permit the Town of
New Castle to pursue and assert claims against the permittee and/or
contractor for indemnity, contribution and common law negligence arising
out of claims for damages for death and personal injury.
C. Public-service corporations may, at their option, file a bond with
sufficient sureties to be approved by the Town Attorney in the amount
of $10,000, conditioned upon saving harmless the Town of New Castle,
its officers, servants and agents from loss in connection with such
matter.
The person to whom the permit is issued shall see that the requirements
contained in this article are observed.
A. Any excavation, other than for paving, located within the tolerance
zone of any buried facility within the right-of-way shall be made
by hand and not by power-driven equipment required by New York State
Code Rules 753 (Dig Safely New York), unless by special permission
of the Superintendent of Highways.
B. All excavations shall be by open cut, unless by special permission
of the Superintendent of Highways.
C. All trenches shall be backfilled using 50 psi K-Crete or NYSDOT Item
#4, as determined by the Superintendent of Highways, in the traveled
way or under sidewalks; trenches outside the traveled way shall be
backfilled with NYSDOT Item #4 or with soil tamped in layers not exceeding
six inches in depth. The material shall be placed in six-inch layers
and compacted before the next layer is placed.
D. Between November 15 and April 15, all roadway openings which require
plates, shall have the plates recessed into the pavement and properly
pinned to secure against movement and any noise disturbance. Between
April 16 and November 14, plates shall be properly ramped and pinned,
but such plates are not required to be recessed, provided that the
length of trench plated does not exceed 200 feet and that the plates
will not be there for more than one week. Any plate that is in place
for more than one week must be recessed.
E. All work done under any permit issued hereunder, whether directly
by the permittee or by others to whom the work is contracted, shall
conform to the requirements of the Superintendent of Highways and
shall be under full supervision of the permittee, who shall be solely
responsible for the work done.
F. The Town of New Castle reserves the right to hire a third-party inspection
service/inspector to oversee the temporary and/or permanent restoration
of any work performed in the public right-of-way, public easement,
park or other public place. All fees associated with this service
shall be paid by the permittee prior to the issuance of any permit
by the Superintendent of Highways.
G. At the request of the Superintendent of Highways, the permittee must
supply a detailed maintenance and protection of traffic (MPT) plan,
as per New York State Department of Transportation standards, showing
the area of proposed work, all signage to be installed, detour routes,
location of traffic control personnel, proposed lane closures, or
any other requirement specified by the Superintendent of Highways.
The use of New Castle Police Department personnel may be required
for additional traffic control. The expense for such personnel usage
shall be paid by the permittee. After the Superintendent of Highways
approves the MPT plan, the permittee must submit the approved MPT
plan to all Town emergency service departments and agencies.
The permittee is responsible for the temporary repair of the
trench. Temporary trench repair is to consist of two inches of asphalt
or cold patch concrete placed on top of the K-Crete or NYSDOT Item
#4 backfill and level with the existing road surface.
The Superintendent of Highways may prescribe the time when the
work shall be done and the length of time that any trench or other
excavation may remain open. He may cause any such trench or opening
to be filled up or closed at the expense of the person to whom the
permit is issued in case of noncompliance with the terms of such permit
or other conditions prescribed at any time by the Superintendent of
Highways.
Temporary trenches shall be widened a minimum of one foot beyond
the original cut or any crack developed from the adjacent pavement
settling because of the excavation. Asphalt thickness and materials
shall conform to the standard construction details maintained by the
Superintendent of Highways. All final pavement restoration limits
shall follow the guidelines depicted in the minimum pavement restoration
limits diagram as adopted by the Town Board, and amended from time
to time. The minimum pavement restoration limits diagram shall be
maintained by the Superintendent of Highways. The edges of all trenches
shall receive a liberal application of asphaltic emulsion to seal
edges.
This article shall not be construed to conflict with any of
the provisions of § 149 of the Highway Law but is designed
to supplement the same, and the action of the Town Board in adopting
this article shall constitute the consent required by said section.
The Superintendent of Highways or any Town police officer are
authorized to issue a stop-work order relating to a street opening,
if in his/her judgment the work poses an immediate threat to the public
health, safety and welfare. The permittee shall be provided written
notice of such stop-work order as soon as reasonably practicable but
no later than three days after issuance of the same, which notice
shall be delivered personally or by certified mail and addressed to
the permittee's address as shown on the street opening permit.
Immediately upon the receipt of a stop-work order, the permittee and
anyone acting on the permittee's behalf shall cease all work
being undertaken pursuant to the street opening permit. Such order
shall also include a directive that the area of the work be made safe
forthwith to the satisfaction of the Superintendent of Highways. The
stop-work order shall be in effect until the Town confirms that the
land development activity is in compliance and the violation has been
satisfactorily addressed. Failure to address a stop-work order in
a timely manner may result in civil, criminal, or monetary penalties
in accordance with the enforcement measures authorized in this chapter.
The Superintendent of Highways shall have the power to revoke
a street opening permit issued hereunder whenever it shall find that
the permittee has refused, failed or omitted to comply with any provisions
of this article.
If it becomes necessary in case of an emergency or any unforeseen
happening to enter upon a Town road for the purpose of making emergency
repairs to any sewer, water pipe, conduit or other underground or
overhead structure, any person, firm, corporation, public utility
or municipal subdivision may do so forthwith, provided that within
72 hours of the time of making such opening (weekends, holidays, and
holiday weekends excluded), proper application for a permit is made
there for.
Any person committing an offense against the provisions of this
article shall be guilty of a violation punishable by a fine not exceeding
$250 or by imprisonment for a term not exceeding 15 days, or by both
such fine and imprisonment. The continuation of an offense against
the provisions of this article shall constitute, for each day the
offense is continued, a separate and distinct offense hereunder.
All repairs must be completed within 15 days of the date of
the start of the work. If repairs cannot match existing area pavement,
a substitute pavement patch material, approved by the Superintendent
of the Highway Department, may be used until like and/or approved
material is available.