No opening or excavation by cutting, digging or otherwise, subsequently herein referred to as an "operation," shall be made, commenced or carried on, in or under any street, highway, sidewalk, sidewalk area or public place in the Town of Bedford for any purpose whatsoever, except as hereinafter provided in Article II of this chapter, until a written permit therefor has been duly issued as herein provided, and in accordance with the procedures set forth in § 104-7 hereof, and in compliance with §§ 104-8 and 104-9 hereof.
The provisions of this article shall be applicable
to any and all operations being worked at the time this article shall
become effective. No operation shall be extended in area after the
effective date of this article without first securing a permit therefor
in accordance with the provisions of this article.
[Amended 1-6-2009 by L.L. No. 1-2009]
Public utility companies making 12 applications
or more per year may, in lieu of the deposit hereinafter mentioned,
deposit with the Town of Bedford its bond or a surety company bond
approved as to form, manner of execution and sufficiency by the Town
Board of the Town of Bedford, which bond shall be retained as security
for the faithful performance by the applicant of all the terms, agreements,
covenants and conditions of the permit on the applicant's part to
be done or performed, which said bond shall be in an amount to be
determined by the Commissioner of Public Works, but in no case shall
the face amount of the bond be less than $10,000.
[Amended 1-6-2009 by L.L. No. 1-2009]
Any city, village, town, public improvement
district or other municipality may, in lieu of making the cash deposit
hereinafter mentioned, file with the Commissioner of Public Works
a certified copy of a resolution duly adopted by the governing board
of such municipality, which said resolution shall guarantee faithful
performance by said municipality of all the terms, agreements, covenants
and conditions as set forth in the permit. Said resolution shall be
effective for the remainder of the calendar year in which it is adopted.
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 24 hours of the time of making such opening (Sundays or
holidays not included), proper application for a permit is made there
for.
[Amended 1-6-2009 by L.L. No. 1-2009]
In any residence district, no operation authorized
under this article shall be permitted on Saturday or Sunday, or before
7:00 a.m. or after 3:30 p.m. on other days. In any business or industrial
district, no operation authorized under this article shall be conducted
on Sunday, except where otherwise permitted by law. The Commissioner
of Public Works, in his discretion, may vary or modify the application
of this provision as occasion and/or necessity may demand.
[Amended 1-6-2009 by L.L. No. 1-2009]
A.
Application for a permit under this article shall
be made to the Commissioner of Public Works in writing, in duplicate,
for each such operation and shall contain the following information:
(1)
The full name and address of the applicant.
(2)
The full name and address of the owner or owners of
the property in front of which the operation is to be performed.
(3)
The location by street address, if any, of the property
in front of which the operation is to be performed and the Tax Map
designation of the same.
(4)
A statement of the proposed operation and the size
thereof and purpose thereof.
(5)
The date or dates when the proposed operation is to
be commenced, and the date or dates when the operation is to be completed.
(6)
The type of pavement or surface to be disturbed.
(7)
A sketch of the proposed operation.
(8)
The estimated maximum quantity to be excavated and/or
removed, and the estimated part thereof that will be used for regrading
or filling.
(9)
The rehabilitation proposed.
(10)
The estimated cost of the entire proposed operation.
(11)
The location, if any, of any tiles or drainage system
or water mains, or other public utility conduits, etc., which may
be within the area of the proposed operation.
(12)
Any additional information which may be reasonably
required by the Commissioner of Public Works.
(13)
A signed statement by the applicant that said applicant
agrees to perform the proposed operation for which the permit may
be granted, in full and strict compliance and in accordance with the
conditions of the permit, if issued, and any and all provisions of
the Town Law and other applicable statutes and ordinances of the Town
of Bedford, and the rules and regulations of the Public Works Department
of the Town of Bedford.
B.
Upon receipt of the application, as herein provided for in Subsection A hereof, the Commissioner of Public Works shall act thereon by issuing or refusing to issue a permit. No permit shall be issued by him except where there is compliance with the provisions of this article and all other laws and ordinances, and rules and regulations of the Public Works Department of the Town of Bedford. Such permit, when issued, shall be effective for such period of time, not to exceed 30 consecutive calendar days, to be specified thereon by the Commissioner of Public Works. Such specified period of time may be extended for the completion of the operation, if so requested in writing by the permittee prior to the expiration date thereof, for such additional period or periods of time authorized by said Commissioner of Public Works.
C.
Permits granted pursuant to this section shall be issued for up to
300 contiguous feet of frontage abutting a Town right-of-way, such
that an additional permit or permit(s) shall be required for any distance
in excess of the initial 300 feet and for every 300 feet thereafter.
A proposed project encompassing 900 feet along a Town right-of-way,
for example, shall require the approval of three street opening permits.
[Added 10-15-2013 by L.L. No. 6-2013]
[Amended 1-6-2009 by L.L. No. 1-2009]
A.
No permit
for an operation shall be issued by the Commissioner of Public Works
until the applicant therefor shall have first paid to the Commissioner
of Public Works, in cash or by check payable to the order of the Town
of Bedford:
(1)
A fee,
as determined by the Board of the Town of Bedford and promulgated
in the Town of Bedford fee schedule, to cover the cost of issuing
the permit and the supervision and the inspection of the operation
done in connection therewith. The fee schedule and corresponding street
opening permit fees contained therein shall be updated from time to
time by the Board of the Town of Bedford and approved by resolution.[1]
[1]
Editor's Note: Said fee schedule is on file in the Town offices.
(2)
A security
deposit, in an amount to be determined by the Board of the Town of
Bedford and promulgated in the Town of Bedford fee schedule shall
be required for each and every street opening permit as determined
by the Commissioner of Public Works. Said deposit shall be retained
by the Town for the duration of the period of maintenance as herein
defined. The "period of maintenance" shall be considered as a period
of six months after the date of final completion, as determined by
the Commissioner of Public Works, of the operation to be done pursuant
to the terms of the permit; except, however, that in the event that
the termination of said six-month period shall fall within the months
of December, January, February, March or April, then, and in that
event, the period of maintenance shall be considered as extending
to the first day of May next ensuing; and the permittee shall be responsible
for the entire operation and shall keep every portion of the same
in good order and repair during the entire period of maintenance.
Security deposits that remain unclaimed 18 months after the permit
approval date become the property of the Town of Bedford.
B.
Upon the
failure of or default by the permittee any of the terms, agreements,
covenants and conditions of the permit on the permittee's part to
be done, to be performed or to be completed, said deposit may be used
by the Town for any expense incurred by the Town by reason of such
failure or default on the part of the permittee, and any balance left,
after the expense caused by such failure or default, as determined
and certified by the Commissioner of Public Works, has been paid and
deducted from the amount of the deposit, shall be refunded to the
permittee if claimed within 18 months of the approval date.
A.
Amount. No permit for an operation under this article
shall be issued by the Commissioner of Public Works until the applicant
therefor shall have first placed on file with said Commissioner of
Public Works, without cost to the Town, satisfactory evidence of the
following types of coverage and limits of liability:
[Amended 1-6-2009 by L.L. No. 1-2009]
(1)
Commercial
general liability (CGL) coverage with limits of insurance of not less
then $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)
CGL coverage shall be written on ISO Occurrence Form CG 00 011093
or a substitute form providing equivalent coverage and shall cover
liability arising from premises, operations, independent contractors,
products/completed operations, personal and advertising injury and
blanket contractual, including injury and to subcontractors' employees.
(c)
The Town of Bedford and its agents, officers, directors and employees
shall be included as additional insureds on the CGL, using ISO Additional
Insured Endorsement CG 20 10 1185 or an endorsement providing equivalent
or broader coverage to the Town of Bedford and its agents, officers,
directors and employees. The coverage must be underwritten by an insurance
company with at least an A-7 Best rating, as defined by A.M. Best.
Coverage for the additional insureds shall apply as primary and noncontributing
insurance before any other insurance or self-insurance, including
any deductible, maintained by or provided to the additional insureds.
(d)
The applicant 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.
(2)
Automobile
liability: business auto liability with limits of at least $1,000,000
each accident.
(3)
Workers'
compensation and employers liability: employers' liability insurance
limits per statutory requirements.
(4)
The
applicant shall not sublet any part of his work without assuming full
responsibility for requiring similar insurance from his subcontractors
and shall submit satisfactory evidence to that effect to the Town
of Bedford. Each such insurance policy, except the workers' compensation
policy, shall include the Town of Bedford and its agents, officers,
directors and employees as an additional insured.
(5)
Certificates
shall provide that 30 days' written notice prior to cancellation be
given to the Town of Bedford. Policies that lapse and/or expire during
the term of occupancy shall be recertified and received by the Town
of Bedford no fewer than 30 days prior to cancellation or renewal.
(6)
Indemnification
and hold harmless.
(a)
To the fullest extent permitted by law, the applicant and/or contractor
will indemnify and hold harmless the Town of Bedford, 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 applicant
and/or contractor, its officers, directors, agents, employees and
subcontractors, in connection with the performance of any work by
or for the applicant and/or contactor pursuant to any contract, purchase
order and/or related proceed order. The applicant and/or contractor
will defend and bear all costs of defending any actions or proceedings
brought against the Town of Bedford, its officers, representatives,
agents and employees, arising in any employee of the applicant 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.
(b)
The applicant and/or contractor shall expressly permit the Town of
Bedford to pursue and assert claims against the applicant and/or contractor
for indemnity, contribution and common law negligence arising out
of claims for damages for death and personal injury.
B.
Duration. 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 Bedford 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 Bedford 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.
[Amended 1-6-2009 by L.L. No. 1-2009]
A.
Existing structures. No work shall be commenced in
connection with an operation for which a permit has been granted under
the provisions of this article until the permittee shall have given
written notice of the issuance of such a permit at least 24 hours
prior to the commencement of such work to the owner or lessee of any
pipes, conduits or other structures lying upon, over or under the
surface of the area wherein the operation is to be performed pursuant
to the permit issued hereunder or to the person, firm or corporation
having the custody, control, care or maintenance of said pipes, conduits
or other structures, and said permittee shall file with the Commissioner
of Public Works proof of the service of said written notice herein
referred to. The permittee shall at all times during the performance
of the work on said operation, at his own expense, preserve, support,
maintain in operation and protect and safeguard from injury or damage
such pipes, conduits or other structures, and in case of injury or
damage, shall restore the same, at his own cost and expense, to the
same condition as they were prior to the commencement of the work
on said operation, and in the event of the failure of the permittee
to comply with the provisions of this section, such injuries and damages
may be corrected and repaired by the owner thereof, his agents or
employees, and the cost thereof and all damages sustained shall be
paid by the permittee.
B.
Traffic. Unless otherwise authorized by the Commissioner
of Public Works, traffic shall be maintained at all times during the
progress of the operation being performed under the permit, and the
permittee shall have due regard for the safety of all traffic and
the public and shall:
(1)
Erect and maintain suitable barricades, fences and/or
guardrails around the area of operation during the work on said operation
and shall arrange the same in such a manner as to cause a minimum
of inconvenience, hazard and delay to any and all traffic.
(2)
Suitably place, install and maintain adequate warning
flags or signs and lighted red lamps or flares.
(3)
Provide a watchman, if deemed necessary by the Commissioner
of Public Works and if so ordered by the Commissioner of Public Works,
in accordance with his directions and instructions.
(4)
Designate and furnish competent persons to direct
and expedite traffic, by means of lights or flags, when necessary,
to minimize inconvenience, hazard and delay to any and all traffic.
(5)
Arrange and conduct the work in connection with said
operation so as to make possible the removal completely of any obstructions
to any and all traffic on Saturdays, Sundays and holidays, if so required
by the Commissioner of Public Works.
