[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. IV)]
A permit shall be required for any and all road cut work to
be conducted. A road cut permit shall be available upon application
at the Town of Fallsburg Highway Department or the Town of Fallsburg
Water/Sewer Department. The permit application fee/road cut bond shall
be as set by resolution of the Town Board. A portion of the fee shall
be nonrefundable; the remaining portion shall be refundable if the
Town Engineer has approved the restoration of the roadway.
The Town of Fallsburg reserves the right to hold the refundable
portion for a period of two years from the date of restoration. The
purpose of holding the road cut bond for this length of time is to
allow evaluation of settlement or pothole conditions within the restored
portion of roadway. The vast majority of the time, it takes about
one year for any flaws to appear and two years for the road to completely
reveal any imperfections in the restored area.
After the road work area has been restored, the contractor will
be responsible for periodically inspecting the cut site and assuring
the area is properly maintained. This should especially be done after
heavy rainfall, ice treatment and snow removal. If the Town discovers
problems in the restored area, the Town will notify the contractor
and the contractor must repair the section within a reasonable period
of time. If the repairs are not completed, the Town will proceed to
make any necessary repairs and deduct the cost from the refundable
portion of the original bond based on $20 per square foot.
At the completion of the two-year period, it is the contractor's
responsibility to request the bond refund from the Town. Upon final
inspection and approval of the road cut area by the Highway Superintendent
and Town Engineer, a claim voucher will be filled out through the
Town Engineer's Office, signed by the Highway Superintendent and submitted
to the Accounting Department for payment. The refund will represent
either the full amount of $1,900 or the balance remaining after deducting
any costs the Town incurred to affect necessary repair(s). Supporting
Town repair documents will be copied and filed in the Town Engineer's
Office.