[HISTORY: Adopted by the Town Board of the Town of Marcellus
as indicated in article histories. Amendments noted where applicable.]
[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.
B.
Enforcement. The provisions of this article shall be enforced by
the Highway Superintendent, the Code Enforcement Officer and/or by
the Marcellus Town Board.
C.
Remedies and penalties for violations. The penalties and liabilities
for violating this article, and the rights and remedies of the Town
for any infraction or violation of this article are:
(1)
Except for the permit described in § 199-1 above, in the event that there is a violation or infraction of this article, no building permit, certificate of occupancy, or any other certificate, license, or permit shall be issued by the Town of Marcellus or any official, board, or employee of the Town to the person or entity in violation of this article, unless and until the violation has been cured.
(2)
If any construction shall have commenced upon any street in violation
of this article, the Code Enforcement Officer shall promptly issue
a stop-work order.
(3)
Every person in violation of this article shall be subject to a fine
of not less $25 and not more than $250 for each violation or infraction
of this article.
(4)
Each day an infraction or violation of any provision of this article
shall continue, after notice of such infraction or violation from
the Town, shall be considered a separate infraction or violation.
(5)
Upon receiving a notice of violation of this article, the person
or entity in violation of this article shall promptly restore the
street to the condition it was before the work commenced.
(6)
The Town shall be entitled to recover from each person in violation
of this article any and all costs the Town incurs in connection with
enforcing this article and/or to restore the street, including but
not limited to all costs the Town incurs in exercising any or all
of the rights and remedies stated above. Such costs shall include,
but not be limited to, attorney fees and disbursements (whether or
not litigation is commenced), engineering fees and disbursements,
the costs of restoring the street, filing fees, survey fees and disbursements,
and court costs.
(7)
The Town shall also have all other remedies available at law and
in equity, including, without limitation, the right to obtain injunctive
relief.
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.
