This chapter governs underground installations within the property
and rights-of-way of the Town of Rhinebeck ("Town") for the excavation,
installation, modification, or repair of anything buried or to be
buried in, or crossing or to be crossing, including underground electric,
telephone, cable television, data/communications, water, wastewater,
drainage, gas, oil or other direct-buried and conduit appurtenances,
in or under Town property or rights-of-way, including streets, highways,
sidewalks and public places in the Town by individuals, firms, corporations
and other legal entities (collectively, "entity") in order to protect
the health, safety and welfare of the public during and after periods
of excavations and to ensure the quality and safety of Town thoroughfares.
This chapter shall not apply to:
A. An entity seeking a driveway permit from the Town Highway Superintendent;
C. Central Hudson Gas and Electric Corporation, its successors or assigns.
This chapter is adopted pursuant to Town Law § 130
and Municipal Home Rule Law § 10.
No entity, including individuals, shall open or cause to be
opened by cutting or excavating the surface or soil of any Town street,
highway, road shoulder, including the full extent of a related right-of-way,
public place or sidewalk to make, repair or modify underground installations
without first obtaining a permit therefor issued by the Town Highway
Superintendent or his or her designee, including the opening or excavation
of a site previously opened or excavated to make, repair or modify
underground installations. With respect to electrical distribution
lines, excavation permits shall be granted to install secondary or
service distribution lines. A permit may be granted to install a primary
electrical distribution line only upon examination and determination
that such installation is necessary and special precautions are taken
because of the high voltage.
An application for an excavation permit to make such underground
installation shall be made to the Town Highway Superintendent upon
a form to be provided for that purpose. The application shall require:
A. The name and address of the applicant;
B. The name and address of the property owner or owners, if different
from applicant, who seek to excavate (collectively the "property owner");
C. The name and address of each property owner who would be affected
by such work;
D. The tax identification number(s) and addresses of the property (properties)
to be excavated;
E. A description of the proposed work, including a description of the
improvements, if any, proposed to be installed in Town property or
rights-of-way;
F. A letter from the utility or utilities that own the pipes and/or
lines relating to the excavation authorizing such connection and/or
maintenance if pipes or lines are to be maintained or connected to
existing pipes or lines;
G. A description of the proposed burying and installation process;
H. A description of the size and purpose of the excavation to be made;
I. A description of traffic-control plans;
J. A description of the type of pavement or surface to be disturbed;
K. A description of the materials to be used in replacement and a description
of the restoration process;
L. Plans showing the location of the work to be performed, including
technical drawings showing the proposed excavation and items to be
buried;
M. Identification of existing improvements in the relevant Town property
or rights-of-way;
N. The estimated cost of the proposed work;
O. The dates the work is proposed to commence and be completed; and
P. Such additional information as the Town Highway Superintendent may
require.
The applicant shall provide to the Town Highway Superintendent
and to the Attorney for the Town a title search showing the ownership
of the property to be excavated and all other parcels which may be
affected by the proposed excavation and installation, including ownership
of the fee under the roadway. In the event that the Town, the applicant
or the property owner do not own the underlying fee simple beneath
the Town right-of-way, the applicant shall file with the Town the
notarized written consent to the issuance of the permit by the owner(s)
of the underlying fee prior to the issuance of the permit, together
with an easement, an indemnity agreement, a maintenance agreement
and in a form or forms approved by the Attorney for the Town, to be
filed with the Dutchess County Clerk, granting to the Town, the benefited
property owner, and their respective successors and assigns, access
to the underlying fee for the purposes of installation, repair and
maintenance of any improvements, subject to a highway excavation permit
pursuant to this chapter.
In the event the applicant or property owner fails to pay the Town any fees, expenses, and/or other sums owed to the Town under this chapter, the following shall apply, except with respect to expenses incurred under §
111-8B: the Town may seek recovery of such fees, expenses, and/or other sums by action brought in a court of appropriate jurisdiction, and the defendant(s) shall be responsible for the reasonable and necessary attorney's fees and costs expended by the Town in successfully pursuing such action; alternatively, and at the sole discretion of the Town, a default in payment of such fees, expenses, and/or other sums shall be remedied by charging such amount against the real property by adding that charge to, and making it a part of, the next annual real property tax bill of the Town. Such charges shall be levied and collected at the same time and in the same manner as Town taxes and shall be paid to the Town, to be applied to the fund due such fees, expenses, and/or other sums. Prior to charging such amount, the owners of the real property shall be provided written notice to their last known address of record, by certified mail, return receipt requested, of an opportunity to be heard and object before the Town Board to the proposed charge, at a date to be designated in the notice, which shall be no less than 30 days after its mailing. Such amount shall constitute, until paid, a lien on the benefited property for which the permit was issued.
During the course of work, the Town Highway Superintendent or the Superintendent's authorized representative, or the Town Engineer or other consultant, may inspect the work to insure that all construction and repair is conducted in conformity with general specifications and standards, submitted plans and with any special conditions imposed in the issuance of the permit. Inspection fees may be charged as provided in the Town's fee schedule and in §
111-16.
The Town Highway Superintendent shall have the right to revoke
temporarily or cancel any permit on notice to the applicant at any
time should the applicant fail to comply with the terms and conditions
thereof or with the terms and conditions of this chapter.
Nothing contained in this chapter shall be construed to create
an obligation or responsibility on the Town by which the Town is responsible
to perform any work or to make any repairs in connection with any
permit issued pursuant to this chapter.
In the event a property owner benefited by an excavation permit
issued under this chapter receives a written request from an entity
that proposes to excavate in or under Town property or rights-of-way,
the property owner shall have the route of the items installed in
or under Town property or rights-of-way marked by an entity in the
business of marking the route of underground items so that the entity
performing the excavation will be aware of such route. If such property
owner fails to have such marking done, the entity proposing to excavate
may engage another entity to mark the underground route at the expense
of such property owner.