[HISTORY: Adopted by the Town Board of the
Town of Owego as indicated in article histories. Amendments noted
where applicable.]
[Adopted 7-21-1976]
This article may be known and cited as the "Ordinance
Governing Excavations in the Streets and Highways of the Town of Owego"
and shall apply to all Town streets and highways.
As used in this article, the following terms
shall have the meanings indicated:
Any public street or highway owned and controlled by the
Town of Owego.
No person or persons, firm or corporation shall
remove from or deposit on any public street, highway, public place
or sidewalk any dirt, gravel, stone or other material without having
first obtained a written permit from the Superintendent of Highways.
[Amended 2-2-1982]
No person or persons, firm or corporation shall
intentionally injure any pavement, road or highway surface, any sidewalk
or grass plot within the bounds of any such road, any sewer, catch
basin, crosswalk, drain, gutter or other public ground or any equipment
imbedded in or placed in the ground or shall cause to be dug or made
any hole or excavation in or under any public street or highway or
shall cause to be erected any sign, signpost, billboard, structure,
barrier, pole or similar object, without having first applied for
and received a written permit from the Superintendent of Highways.
The person to whom such permit is issued shall
be responsible for all damages caused to public utilities in the street,
and any cracked or damaged sewer pipe shall be replaced with new pipe
under the supervision of the Sewer and Water Department. Damaged ditches,
curbs, sidewalks or other improvements shall be repaired or replaced
in as good condition as before the excavation.
Any such excavation in any public street or
highway shall be restored within the time granted in the permit, with
approved bank-run gravel and with the same materials, and shall be
kept and maintained level with the unexcavated portion thereof for
a period of one year from the date of the permit, so that said excavated
portion shall be left in as good, substantial and permanent condition
as before the excavation. If not so restored and maintained, the work
shall be done under the direction of the Superintendent of Highways,
and the cost thereof shall be a lawful charge against the person to
whom the permit was issued. It shall be the duty of the Superintendent
of Highways to sue for and recover such costs.
No person or persons, firm or corporation making
or having made any such excavation in or upon any street or highway
aforesaid 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 hole or excavation.
[Amended 2-2-1982; 1-16-1990 by L.L. No. 1-1990; 7-17-1990 by L.L. No.
3-1990]
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 personal liability insurance policy or certificate
thereof naming the Town of Owego as an additional insured with the
minimum limits of coverage for bodily injury equal to $100,000 for
each person injured, $300,000 for aggregate bodily injury resulting
from each accident and $25,000 property damage. There shall also be
filed a surety bond in favor of the Superintendent of Highways and
the Town of Owego in an amount to be established by the Superintendent
of Highways guaranteeing compliance with the provisions of this article.
B.
A permit fee of $50 shall be paid to the Superintendent
of Highways by cash, certified check or treasurer's check prior to
the issuance of said permit.
No permit, liability insurance or surety 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 street, provided
that same is set back at least three feet from the edge of the used
or traveled portion thereof.
B.
For the planting of shade trees, shrubs and the like in any grass plot adjoining the paved or used portion thereof so as not to obstruct a corner view or endanger the users of such street or highway. All plantings shall be an obstruction unless planted in accordance with § 125-39 of Chapter 125, Zoning.
C.
For the performance of any public work 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
public street, provided that the total width thereof does not exceed
six inches.
No vehicle having lugs or other metal treads
which will destroy, break, dig, injure, cut, mark or mar the surface
of any street or highway shall be operated, driven, pushed or towed
upon any such street or highway.
[Amended 2-2-1982; 11-3-2021 by L.L. No. 2-2021]
Any person or persons, firm or corporation violating
any of the provisions of this article shall be guilty of a violation,
with a maximum civil penalty not exceeding $250, and shall be subject
to a further civil penalty for the continuance of each such violation
of $250 for each day any such violation is permitted or allowed to
continue after an order directing the discontinuance thereof has been
made by the court having jurisdiction of the proceedings.
