[HISTORY: Adopted by the Town Board of the Town of Rye 3-19-1931. Amendments noted where applicable.]
No person shall be allowed to excavate, open or dig any trench,
ditch or hole in any portion of any public highway in the Town of
Rye, outside the incorporated Villages of Port Chester, Rye[1] and Mamaroneck, without first making written application
for permission therefor to the Clerk of said Town at least 48 hours
before it is desired to make such opening, and then obtaining a permit
therefor signed by said Clerk, in the form substantially as follows:
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No. ____________________
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Town of Rye
Date ____________________
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Permission is hereby granted the undersigned to open a trench
in _____________________________ Street or Avenue for the purpose
of _____________________________ upon the following conditions: The
undersigned agrees, in consideration of the granting hereof, that
he will not permit or suffer said opening to remain open any longer
than is absolutely necessary for the proper doing of the work to be
done and for which this permit is granted; that he will at all times
keep such opening properly and sufficiently guarded against danger
or accident to any person; that he will keep the same well and sufficiently
lighted at night, with at least two lanterns; that when said work
is finished he will restore said highway to as good condition as it
was originally and be responsible for settlement of the ground for
any cause for at least six months; and that he will save said Town
harmless from all damages in connection with such opening or by reason
thereof.
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And the undersigned, having deposited with said Town the sum
of ____________________________dollars ($_____________), the estimated
cost of the work, agrees that in the event that said amount be not
sufficient to cover the cost of opening and restoring said highway
to its original condition, he will pay said Town the difference between
said sum so deposited and the cost of so opening and restoring said
highway.
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And the undersigned having filed a bond with the Town of Rye
as herein provided and not having made any deposit, agrees to pay
to the Town of Rye the entire cost of opening and restoring said highway
to its original condition.
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L.S.
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In the presence of
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Received ____________________________________ dollars ($______________)
for the above license.
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Town Clerk
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[1]
Editor's Note: Now the City of Rye.
Before receiving such permit, such applicant shall in the alternative
deposit the estimated cost of removing and replacing the pavement
as provided herein, for such permit or file a bond, the amount, form
and surety thereof to be approved by the Town Board of the Town of
Rye to indemnify and save harmless the said Town of Rye from all damage
to persons and property caused by work done under any permit issued
pursuant to this chapter.
The Superintendent of Highways of the Town of Rye shall cause
any pavement to be removed, and thereupon the licensee shall proceed
to do and complete without delay the work desired, and shall, when
filling in the excavation, thoroughly tamp the same, notifying the
Superintendent of Highways, in the meanwhile, of the time when such
work will be done. Said Superintendent of Highways shall cause the
pavement where removed to be replaced in its original condition over
the opening made and for a distance of one foot on each side thereof
and shall present to the Town Board of the Town of Rye at its next
regular meeting his report of the expense of taking up and replacing
such pavement. The difference, if any, between such expense and the
amount deposited shall within six months be returned to the person
on whose application such work was done and the balance retained by
the Town to reimburse it for its expenses. If the amount deposited
is not sufficient to cover said expenses, then the person upon whose
application such work was done shall, on demand, pay said Town the
difference. If the applicant shall have filed a bond in lieu of a
deposit, as herein provided, such applicant shall on demand pay to
the Town the entire expense of the work done.
[Amended 9-20-1949]
The charge to be made by the Town of Rye and to be paid by each
applicant for the privilege of opening any highway pursuant to this
chapter shall be $15 per square yard, where the highway is paved with
concrete, either reinforced concrete or other pavement on concrete
base; three $3 per square yard where highway opened is paved with
macadam; $7.50 per square yard where concrete gutters are to be disturbed;
$1.50 per lineal foot where stone paved gutters are to be disturbed;
$3 per lineal foot when any type of curb is to be disturbed; $3 per
square yard for blacktop shoulders to be disturbed; $1.50 per lineal
foot for shoulder areas to be disturbed (lateral); $1.50 per lineal
foot for longitudinal trenching without sheathing (outside pavement);
$3 per lineal foot for longitudinal trenching with sheathing; $0.75
per square foot for all types of sidewalk openings. Minimum amount
of deposit: $25.
As used in this chapter, the following terms shall have the
meanings indicated:
Includes one or more persons of either sex, natural persons,
corporations, partnerships, associations, joint stock companies, societies
and all other entities of any kind capable of being sued.
Any person who himself, or itself, or by his or its agent or
employee, shall violate any of the provisions of this chapter, or
any order, code, rule or regulation made in pursuance thereof, shall
be guilty of a misdemeanor and liable to a penalty not exceeding in
any one case of violation $50 to be recovered with costs, and shall
upon conviction of such violation be subject to a fine or not less
than $10 nor more than $50 or to imprisonment for not less than 10
days nor more than 50 days, or to both such fine and imprisonment,
and each day on which such violation continues shall constitute a
separate offense.
Any ordinance or part of any ordinance inconsistent with the
provisions of this chapter is hereby repealed.
This chapter shall take effect at the earliest date allowed
by law, and the Town Clerk of the Town of Rye is authorized and directed
to have the same published in the Port Chester Daily Item and posted
in at least three public places in the Town of Rye pursuant to law.
