[HISTORY: Adopted by the Town Board of the
Town of Cornwall as indicated in article histories. Amendments noted
where applicable.]
[Adopted 6-15-1964]
As used in this article, the following terms
shall have the meanings indicated:
Excavating, drilling, boring or the like.
[Added 11-13-2018 by L.L.
No. 6-2018]
All or any part of any street, highway or right-of-way owned
or controlled by the Town of Cornwall.
Natural person and corporation.
[Amended 3-11-1985; 9-25-1989 by L.L. No. 4-1989; 11-13-2018 by L.L. No. 6-2018]
A.
No person, governmental entity other than the Town of Cornwall, public
service, water, light or power company, shall excavate in any highway
or sidewalk in the Town for any purpose without first obtaining a
permit as provided in this chapter.
B.
Applications for permits for excavation totaling 50 or less linear
feet shall be made to the Town Highway Superintendent. Applications
for permits for excavation totaling more than 50 linear feet shall
be made to the Town Board.
C.
All applications for highway excavation permits shall be written
and shall:
(1)
Provide the name, address and direct contact information of the applicant;
(2)
Provide the name, address and direct contact information of the party
who will be performing the excavation work;
(3)
Provide a statement of the location, nature, purpose, and extent
of the proposed excavation;
(4)
Provide a statement of whether there are any buried pipes or lines
in the highway in the area of the excavation and, if so, what measures
will be taken to avoid damaging the same.
(5)
Set forth the proposed dates and times during which the proposed
excavation will be conducted;
(6)
Set forth the applicant's plans for restoring the highway upon
completion of the excavation; and
(7)
In the case of applications for excavation totaling more than 50
linear feet, shall include a set of engineering plans depicting all
work to be performed in the course of the excavation.
D.
The applicant shall be responsible for all engineering fees necessarily
incurred by the Town in processing the application for a highway excavation
permit and overseeing the work thereunder.
[Amended 3-11-1985; 9-25-1989 by L.L. No. 4-1989; 11-13-2018 by L.L. No. 6-2018]
A.
Highway excavation permits shall be granted upon a finding that all
of the requirements of this chapter have been met and the proposed
excavation will be conducted in a safe and suitable manner which will
not unduly damage the highway or adjoining properties and will not
endanger or unduly inconvenience the traveling public.
B.
In granting such permits, limitations on the timing and duration
of the excavation activity and reasonable conditions may be imposed
on the applicant, including, without limitation, imposition of restrictions
of the location, days, work hours and manner of the excavation, and
that written notice of the excavation be provided to property owners
in the vicinity.
C.
No excavation permit shall be issued until the damage and performance
undertakings and the necessary liability insurance have been posted
with Town and all applicable fees have been paid.
D.
Highway excavation permits shall be issued in triplicate, of which
one copy will be given to the applicant, one copy will be retained
by the Town Highway Superintendent for his records, and the third
copy will be filed with the Town Clerk.
[Amended 3-11-1985; 11-13-2018 by L.L. No. 6-2018]
Any such excavation in any highway shall be
restored with materials equivalent to those excavated so that the
excavated portion shall be left in as good, substantial and permanent
a condition as before the excavation.The restoration work shall be
done under the direction of the Town Highway Superintendent and Town's
engineering consultants and shall be completed within a reasonable
time after the excavation, which said time is to be determined by
the Town.
[Amended 3-11-1985; 9-25-1989 by L.L. No. 4-1989; 11-13-2018 by L.L. No. 6-2018]
The applicant shall be responsible for all damages to adjoining
property, sidewalks, drainage facilities, public utilities and private
lines in the highway caused by the excavation. The applicant shall,
under the supervision of the Town Highway Superintendent and the Town's
engineering consultants, replace any mains, lines or pipes damaged
in the course of the excavation and repair shall repair or replace
any damaged swales, culverts, curbs, sidewalks or other improvements
so that they shall be in as good a condition after the excavation
as before the excavation.
[Amended 4-1-1966; 3-11-1985; 9-25-1989 by L.L. No. 4-1989; 11-13-2018 by L.L. No. 6-2018]
No permit for excavation in Town highways shall
be issued unless the person applying for the permit shall present
to the Town Clerk proof of coverage by liability insurance for bodily
injuries and property damage in amounts equal to $1,000,000 for each
person injured and $100,000 for property damage. Such liability insurance
must name the Town as an additional insured.
[Amended 3-11-1985; 9-25-1989 by L.L. No. 4-1989; 11-13-2018 by L.L. No. 6-2018]
A.
Prior to issuance of a permit for highway excavation totaling more
than 50 linear feet, the applicant shall pay into escrow with the
Town Clerk such amount of funds as shall be determined by the Town
Board as reasonably necessary to pay the engineering fees incurred
by the Town in reviewing and processing the permit application and
conducting inspections of the work performed under it. The Town shall
draw on such escrow account as it incurs engineering costs, and shall
render a statement of the account balance to the applicant upon request.
Such escrow account must be replenished by the applicant upon request
of the Town when the balance therein reaches 50% or less of the initial
deposit. Audit of charges upon the escrow account shall be conducted
upon written request by the applicant.
B.
Prior to issuance of a permit for highway excavation totaling more
than 50 linear feet, the applicant shall post with the Town Clerk,
by letter of credit in favor of the Town of Cornwall or cash deposit,
an undertaking in such amount as shall be established by the Town
Board based upon a reasonable approximation of the cost of repair
of the potential damage presented by the excavation, out of which
the cost of any damage caused by the excavation caused to adjoining
property, sidewalks, drainage facilities, public utilities and private
lines in the highway shall be paid in the event that the applicant
fails to make repairs upon reasonable written notice from the Town.
C.
Prior to issuance of any permit for highway excavation, the applicant
shall deposit with the Town Clerk an undertaking by letter of credit
or cash deposit in favor of the Town of Cornwall, as security that
the proposed excavation work will be carried out in conformity with
the approved plans and that, upon completion of the excavation the
restoration of the highway will be properly accomplished.
D.
The amount of the performance undertaking on a permit for highway
excavation totaling 50 or less linear feet shall be $2 per square
foot of highway surface excavation, provided however, that regardless
of the amount of surface area in the said excavation, the minimum
performance undertaking shall be $2,500.
E.
The amount of the performance undertaking on a permit for highway
excavations totaling more than 50 linear feet shall be determined
by the Town Board based upon a reasonable approximation of the cost
of repair and restoration of the highway surface, subsurface improvements
and adjoining lands in the event that the applicant fails to conform
to the excavation plans and/or to complete the excavation work and
highway restoration.
F.
Upon completion of the excavation and road restoration work, the
applicant shall submit a request to the Town Highway Superintendent
for a final inspection of the completed excavation. The Town Highway
Superintendent and, as necessary, the Town engineering consultants,
shall conduct such an inspection and render a report to the applicant
as to whether the completion of the excavation and road restoration
is satisfactory. Upon receipt of a report that the excavation and
road restoration is satisfactory, the applicant may submit such report
to the Town Clerk along with request to release the applicant's
undertakings.
G.
In the case of permits for excavation totaling 50 or less linear
feet, the Town Clerk shall release the applicant's undertaking
upon receipt of a written request for such release and a copy of a
letter from the Town Highway Superintendent opining that the completion
of the excavation and road restoration is satisfactory. In the case
of highway excavations totaling more than 50 linear feet, upon receipt
of such written request from the applicant, prior to release of the
applicant's damage and performance undertakings, the applicant
shall deposit with the Town Clerk a maintenance undertaking, in the
form of a letter of credit in favor of the Town of Cornwall or cash
deposit, as security against items of damage to buried lines and adjoining
improvements caused by the excavation and defects in the roadway restoration
which are not discovered or otherwise do not manifest themselves at
the time of completion of the excavation. The amount of such maintenance
security shall by 20% of the performance undertaking and shall remain
in effect for two years following the date of posting.
H.
In the event that an undertaking is drawn upon by the Town due to
the applicant's failure to make repairs, and the amount of the
undertaking is insufficient for purposes of funding the costs incurred
by the Town in making the necessary repairs, the applicant shall be
liable for all additional costs and fees incurred by the Town, including
any attorney's fees incurred in the event that it is necessary
to sue the applicant to recover such costs.
No person making or having made any such excavation
in or upon any highway shall permit such excavation to remain open
or uncovered, either day or night, without having or causing the same
to be properly guarded by day or night. In addition, the person making
the excavation shall place at such location flares, red lanterns or
other warning devices by night so as to properly warn all persons
of the danger of such excavation.
[Amended 9-25-1989 by L.L. No. 4-1989]
Any person committing an offense against any
of the provisions of this article shall be guilty of a violation and,
upon conviction thereof, shall be punishable for each offense by a
fine of not more than $250 or by imprisonment for not more than 15
days, or both. In addition to the above-provided penalty, the Town
Board may also maintain an action or proceeding in the name of the
town in a court of competent jurisdiction to compel compliance with
or to restrain by injunction the violation of the terms of this article.
