[Adopted 3-9-2009 by L.L.
No. 2-2009]
Surface excavation or pavement cuts of any type shall not be
conducted on any street, road or highway (hereinafter "street") of
the Town of Marcellus (the "Town") without first obtaining a permit
for such excavation or pavement cut from the Highway Superintendent.
Application for such permit shall be made on a form prescribed by
the Highway Superintendent, which shall describe the excavation or
pavement cut intended, the reasons therefor, the measures the applicant
will utilize for the protection of the public and the flow of traffic
during the period of the anticipated work, and the proposed method
and materials for restoring the excavation or pavement cut area.
No permit for surface excavation or pavement cut of any street
of the Town of Marcellus shall be granted unless the applicant shall
first post security in the form of cash, bond or letter of credit
to ensure the completion of all work to restore the pavement surface
to its condition prior to the excavation or cut to the satisfaction
of the Highway Superintendent, and to make any repairs to such street
required at any time during a period of at least one year after the
restoration has been completed. The amount of such bond shall be determined
by the Highway Superintendent, but shall not be less than $1,000 or
10% or the total job cost, whichever is greater. The form of any non-cash
security offered by the applicant shall be approved by the Town Attorney.
If any clause, sentence, paragraph, section, article or part
of this article shall be adjudged by any Court of competent jurisdiction
to be invalid, such judgment shall not affect, impair or invalidate
the remainder thereof but shall be confined in its operation to the
clause, sentence, paragraph, section, article or part thereof directly
involved in the controversy in which such judgment shall have been
rendered.