As used in this chapter, the following terms shall have the meanings indicated:
EXCAVATION
Any trench, hole, pit, side hill cut, stripping or other alteration of the highway, street or sidewalk for the purpose of installing public or private water, sewer and other utility lines underground and for the erection of poles.
HIGHWAY
All roads and highways owned by the Town of Riverhead.
PERMITTEE
Any person that has been granted a permit under this chapter.
PERSON
Any individual, firm, partnership, trust, corporation, company, association or organization.
SLEEVES
An opening under the road of approximately two inches in diameter and two feet in depth to allow the installation of the line across the highway.
SUPERINTENDENT OF HIGHWAYS
The duly elected Superintendent of Highways of the Town of Riverhead.
[Amended 11-7-2024 by L.L. No. 27-2024]
A. 
No person may excavate or alter the highways, streets, or sidewalks in the Town of Riverhead without obtaining a permit from the Superintendent of Highways.
B. 
Applications.
(1) 
Applications for permits may be obtained from the office of the Superintendent of Highways and shall specify the following information:
(a) 
The name and address of the applicant.
(b) 
The location of the proposed project.
(c) 
A suitable map and plan showing the project site, including roadway, curb, shoulder, sidewalk, property line and the distances to the nearest cross streets and proposed work to be performed at the project site.
(2) 
A fee of $300 must accompany an application for a road opening permit. If the applicant requires an extension of time to complete the proposed work and restore the project site, the applicant must file an application for an extension of time to complete work authorized under the original permit, together with a fee of $50.
(3) 
The fees for a permit and a fee for a permit seeking an extension of time to complete work authorized in the original permit as set forth above may be reviewed and revised at any time by the Town Board.
C. 
Acceptance of the permit shall constitute an agreement that the permit holder will hold the Town of Riverhead and its authorized representatives harmless for any injury, damage or any other liability arising as a result of the granting of this permit.
D. 
A permit granted under this chapter shall not be assigned or transferred without the written consent of the Superintendent of Highways.
E. 
The permittee shall give the Superintendent of Highways one week's notice prior to the commencement of the work, which shall begin within 60 days of the issuance of the permit and be completed as expeditiously thereafter as possible but in no event shall exceed six months from the start date.
F. 
A certified check or performance bond in the minimum amount of $250 shall be tendered as security when the application for the permit is submitted to insure the completion of the work in accordance with the provisions of this chapter and within a reasonable period of time. The Superintendent of Highways shall determine the amount of the performance bond based upon the scope of the proposed work at the project site. The permittee shall guarantee workmanship, materials and maintenance of the restoration work for a period of one year from the date of the return of the security.
G. 
A certificate of insurance for liability limits of not less than $100,000 combined single limit or $250,000/$500,000 bodily injury and $1,000,000 property damage, including coverage for explosion, underground and collapse, shall accompany the application for a permit.
A. 
It shall be the responsibility of the permittee to contact LIPA, Cablevision and the like to provide mark-outs for display at and around the project site.
B. 
It shall be the permittee's sole responsibility to appropriately safeguard the site at all times to protect the public.
C. 
Sleeves shall be driven under the highway for all highway crossings unless written permission to cross in an alternate fashion is given by the Superintendent of Highways.
D. 
Pavement openings may be permitted at the option of the Superintendent of Highways upon a written request.
E. 
Trenches shall be a minimum of six inches in width and shall be sufficiently tamped to the existing roadbed with a minimum of two inches of asphaltic concrete.
F. 
Fill shall be tamped to the roadbed as replaced, and the roadbed shall be restored to its original condition.
G. 
The Superintendent of Highways may revoke or suspend a permit where he finds that the work is not being performed in accordance with the provision of the application of this chapter.
H. 
In the event of an emergency condition arising as a result of work performed under a permit, the Highway Department shall make any necessary repairs to the site at the expense of the permittee.
A violation of this article shall be an offense punishable by a fine not exceeding $500 or by imprisonment not exceeding 30 days, or by both such fine and imprisonment.