[Adopted 9-7-1976 by L.L. No. 8-1976 as Ch. 16 of the 1969 Code]
As used in this article, the following terms shall have the meanings indicated:
- All or any part of any street, highway or right-of-way owned and/or controlled by the Town of Binghamton.
- Any entity or entities.
No person shall remove from or deposit on any highway any material without having first obtained a written permit from the Town of Binghamton Superintendent of Highways.
No person shall intentionally injure any highway or cause to be dug or made any hole or excavation in or under any highway, or cause to be erected thereon or therein any object, without having first applied for and received a written permit from the Town of Binghamton Superintendent of Highways. A fee of $100 is required to be paid prior to the issuance of a permit, together with submission of liability insurance and bond in accordance with § 190-7.
The person to whom such permit is issued shall be responsible for all damages caused to public utilities in the highway and shall, under the supervision of the Town of Binghamton Superintendent of Highways, replace any cracked or damaged sewer pipe or water main with new pipe and repair or replace damaged ditches, curbs, sidewalks or other improvements so that they shall be in as good condition after the excavation as before the excavation.
Any such excavation in any highway shall be restored within the time granted in the permit, with materials equivalent to those excavated, and shall be kept and maintained level with the unexcavated portion thereof for a period of one year from the date of restoration, so that said excavated portion shall be left in as good, substantial and permanent condition as before the excavation; and if not so restored and maintained, the work shall be done by or under the direction of the Town of Binghamton Superintendent of Highways, and the cost thereof shall be a lawful charge against the person to whom the permit was issued or the cash bond hereafter described, and it shall be the duty of the Town of Binghamton Superintendent of Highways to sue for and recover such costs or pay them with all or a part of said cash bond.
Any portion of curb and/or gutter which has been destroyed or removed shall be rebuilt and restored to its former appearance, except that if it shall have been removed for the purpose of driveway ingress, it shall be rebuilt with a depressed curb. The restoration or rebuilding of said curb will be completed within 30 days from the date of the permit.
If the said highway excavation or curb or gutter work is not restored and maintained as aforesaid, the work shall be done by or under the direction of the Town of Binghamton Superintendent of Highways, and the cost thereof shall be a lawful charge against the person to whom the permit was issued or the cash bond hereafter described, and it shall be the duty of the Town of Binghamton Superintendent of Highways to sue for and recover such costs or pay them with all or part of said cash bond.
No person making or having made any such excavation in or upon any highway shall permit such excavation to remain open or uncovered, either day or night, without having or causing the same to be properly guarded by day and night, and, in addition thereto, shall place at such location flares, red lanterns or other warning devices by night, so as to properly warn all persons of the danger of such excavation.
[Amended 4-15-2003 by L.L. No. 1-2003]
No permit shall be issued by the Superintendent of Highways for the excavation in any street or highway unless the person to whom the permit is to be issued shall have filed with the application for such permit a comprehensive general or commercial general liability insurance policy or a certificate thereof naming the Town of Binghamton as an additional insured with the minimum limits of coverage for bodily injury and property damage equal to $1,000,000 per occurrence, combined single-limit bodily injury and property damage, and $1,000,000 general aggregate and/or products completed, operations aggregate.
There shall also be filed a surety bond in the amount of $1,000 for each permit in favor of the Superintendent of Highways and the Town of Binghamton guaranteeing compliance with the provisions of this article, or a certified check, payable to the Town Superintendent of Highways, in the sum of $500. The Superintendent of Highways shall use all or any portion of said bond or cash necessary to reimburse the Town of Binghamton for any costs incurred in restoring any excavation as a lawful charge against any applicant who fails to do so in accordance with the requirements of this article.
In lieu of a separate surety bond in the sum of $1,000 or a cash deposit of $500 for each excavation, any person may file with the Town Superintendent of Highways on or before January 31 of each calendar year or, in any event, prior to the issuance of any permit under this article a certified check, or its equivalent, or assign a bank (interest) account to the Town of Binghamton in the sum of not less than $2,500 or file a blanket surety performance bond in the principal sum of $5,000, each of which shall be in favor of the Superintendent of Highways and the Town of Binghamton covering all excavations by said person during the remainder of the calendar year in which said deposit is made or for which said surety bond is filed, guaranteeing compliance with the provisions of this article. The condition of such deposit or the filing of said surety bond shall be that the Town Superintendent of Highways may use all or any portion of said deposit, or enforce and take any legal remedy against said surety bond, to the extent necessary to reimburse the Town of Binghamton for any costs incurred in restoring any excavation as a lawful charge against any applicant for a permit who fails to properly restore said excavation or otherwise comply with the requirements of this article.
Said surety bond, cash deposit or its equivalent or assignment of any bank (interest) account shall be retained by the Town Superintendent of Highways for a period of one year from the date that the work is performed.
There shall also be filed a two-year written warranty by the applicant in favor of the Town, acceptable in wording to the Superintendent of Highways, providing that the applicant guarantees that there will be no settlement or blacktop deterioration, and that applicant will repair all such settlement and/or blacktop deterioration within said two-year period. The warranty shall provide that if the Town has to commence litigation to enforce the terms of the warranty, that the applicant shall pay all legal costs and expenses of the Town.
No permit, liability insurance or bond shall be required in the following instances:
For the erection of posts to hold mailboxes on the grass plot adjoining the used or paved portion of any highway, provided that they are set back at least three feet from the edge of the used or paved portion thereof.
For the planting of shade trees, shrubs and the like in any grass plot adjoining the paved or used portion of any highway, provided that they are properly set back from the used or paved portion thereof so as not to obstruct a corner view or endanger the users of such highway.
For the performance of any public work by employees of the Town, or any district thereof, or pursuant to a contract or other agreement entered into with the Town Board acting as such, or on behalf of any lawfully created district in said Town.
For the construction of line fences where half thereof is situated upon the premises of the owner and half thereof upon the highway, provided that the total width thereof does not exceed six inches.
Any person who, himself or by his clerk, agent or employees, shall violate any of the provisions of this article, shall, upon conviction, be deemed to have committed an offense against this article and shall be punished by a fine not exceeding $250, or a term of imprisonment not exceeding 15 days, or both, and each day on which such violation continues shall constitute a separate offense.
[Amended 4-15-2003 by L.L. No. 1-2003]
Any person violating this article shall be subject to a civil penalty enforceable and collectible by the Town in the amount of $100 for each such offense. Such penalty shall be collectible by and in the name of the Town for each day that such violation shall continue.
In addition to the above-provided penalties and punishment, the Town Board may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of such article.