Town of Lyons, NY
Wayne County
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No person shall, until he or she has obtained permission from the Town Highway Superintendent, excavate, dig up, open, make a curb cut or otherwise interfere with the surface or condition of any street or public highway of the Town until he or she shall have obtained a permit therefor from the Town Clerk.
A. 
Any person desiring a permit to excavate, dig up, open, make a curb cut or otherwise interfere with the surface or condition of any street or public highway of the Town shall, at the direction of the Town Highway Superintendent, provide the Town Clerk with the following information:
(1) 
Name and address of the applicant.
(2) 
Name and address of contractor, if any.
(3) 
Name and phone number of a responsible person available for emergency response after hours.
(4) 
Location, character and purpose of excavation or work.
(5) 
Maps, drawings, plans and specifications, if the work is to be done under the supervision of an engineer.
(6) 
If the proposed excavation or work is not to be done under the supervision of an engineer, a drawing showing in detail the exact location, size, and depth of excavation or work to be performed.
(7) 
The method and materials to be used in filling the excavation and restoring the pavement or improvement, if applicable.
B. 
Any such project within the Town on a road designated as a state or county road shall comply with the permitting process of that entity. The Highway Superintendent shall be notified of these projects prior to work beginning.
A. 
Before a permit is issued, all the information required by § 256-9 hereof shall be reviewed by the Highway Superintendent. He or she shall have the authority:
(1) 
To require any changes that may be necessary and proper for filling the excavation and restoring the pavement.
(2) 
To limit the time when the work is to be commenced and to be completed.
(3) 
To require the furnishing of a performance bond or cash deposit in an amount sufficient to protect the Town to insure the completion of the restoration.
(4) 
To require proof of insurance to protect the public against any and all injuries or damages to person and/or property arising from the work.
B. 
The Town Attorney shall also review the performance bond and proof of insurance for his approval as to sufficiency and form.
C. 
If, in the opinion of the Town Highway Superintendent, a bond is required, that bond shall be posted with the Town Clerk in an amount sufficient to satisfy § 256-14 of this article.
Upon the certification of the Highway Superintendent and the approval of the Town Attorney, the Town Clerk shall issue a permit which shall set forth all of the terms and conditions required by the Highway Superintendent.
A. 
During the excavation and restoration of same, adequate safeguards, warning lights, barricades and safety devices shall be maintained by the person performing said work.
B. 
Utilities shall be located by USPO and Dig Safe New York prior to any excavation or paving.
C. 
No valves, clean-outs or access points shall be covered or obstructed.
A. 
If restoration of the street or pavement is not performed satisfactorily, the Highway Superintendent shall have the authority to order the work stopped and to have the work completed either by Town employees or by an independent contractor.
B. 
If the work is not completed within the time as provided in the permit, the Highway Superintendent shall likewise have the authority to order the work completed either by Town employees or by an independent contractor.
The Highway Superintendent shall compute the bill for completion of the work as follows:
A. 
If the work is done by an independent contractor, the amount of his bill plus an additional charge of 50% thereon to cover the expenses of administration and supervision.
B. 
If the work is done by Town employees and equipment, the actual and direct costs of labor, including a 25% surcharge to cover social security, workers' compensation, retirement benefits and other employee overhead expenses and the usual and customary charges for the use of equipment and material, if any, plus an additional charge of 50% thereon to cover the expenses of administration and supervision.
Upon the computation of the bill by the Highway Superintendent, he shall deliver same to the Town Clerk, who shall mail same by certified mail to the person who obtained the permit at his address given in the permit. The bill shall be immediately due and payable thereafter.
If the bill for completion of the work is not paid within 30 days after mailing by the Town Clerk, the Town Attorney shall thereafter institute suit on the bond to enforce payment of same.