[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.
[Amended 8-12-2008]
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.
A.
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.
B.
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.
[Added 8-15-1978]
C.
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.
[Added 8-15-1978]
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]
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
[Added 8-12-2008]
No permit, liability insurance or bond shall
be required in the following instances:
A.
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.
B.
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.
C.
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.
D.
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.
A.
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]
B.
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.
C.
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.
