[HISTORY: Adopted by the Town Board of the Town of Barton 7-12-2010 by L.L. No.
3-2010. Amendments noted where applicable.]
The Town Board of the Town of Barton finds that unsupervised
digging on and under Town roads can cause dangerous and harmful conditions
to the roads and passengers on the roads. This chapter is adopted
by the Town Board in order to reduce these problems and thereby enhance
the health, welfare and safety of the inhabitants of the Town and
all persons using Town roads.
As used in this chapter, 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 Barton.
Any entity or entities.
No person shall dig, excavate in, on or under Town roads or
remove from or deposit on any highway any material without having
first obtained a written permit from the Town of Barton 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 Barton
Superintendent of Highways.
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 Barton 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 Barton 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 Barton 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.
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 Barton 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 Barton 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.
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 Barton 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 Barton guaranteeing compliance with the provisions of this chapter,
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
Barton 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 chapter.
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
chapter a certified check, or its equivalent, or assign a bank (interest)
account to the Town of Barton 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 Barton, 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 chapter. 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 Barton 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 chapter.
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.
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 chapter, shall, upon conviction,
be deemed to have committed an offense against this chapter 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.
B.
Any person violating this chapter 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.
The invalidity of any clause, sentence, paragraph or provision
of this chapter shall not invalidate any other clause, sentence, paragraph
or part thereof.
This chapter shall take effect upon filing in the office of
the New York State Secretary of State.
