[HISTORY: Adopted by the Town Board of the Town of Kingston 6-20-2018 by L.L. No. 4-2018. Amendments noted where applicable.]
No cut, break, trench or excavation shall be made in the pavement, street surface or the sidewalk area nor the blocking off of a portion of a sidewalk shall be made for any purpose whatsoever in any street in the Town of Kingston, Ulster County, New York, without first obtaining from the Town Highway Superintendent a written permit for the making of such a cut, trench or excavation, which permit shall specify the purpose for which the permit is asked and the name of the entity or person making application thereof, whether or not such entity or person has duly filed a bond or certificate of insurance for public liability and property damage with the Town Clerk, holding the Town harmless in case of accident. Such permit shall be valid for a period of not more than 15 days after the date of issuance of the same, after which the said permit shall lapse and become null and void. If the work for which such permit is issued is not completed within the said period of 15 days, the entity or person doing such work may apply for a renewal of said permit and the Town Highway Superintendent may grant such renewal subject to the same limitations and conditions obtained in the issuance of the original permit.
Application for such permit must be made in person by the entity or person who filed the necessary bond or certificate of insurance at the office of the Superintendent of Highways, Town of Kingston Garage, New York, during the regular office hours.
Application for such permit must be accompanied by a cash deposit or certified check payable to the Town of Kingston and deposited with the Town Bookkeeper. The same to cover the repaving charges at rates approved by the Town Superintendent of Highways for the type of streets and pavement.
No further permits or renewals thereof shall be issued by the Town Highway Superintendent unless and until any and all charges existing, levied or certified by the Town Highway Superintendent against the entity or person granted the permit are paid and satisfied in full. All excavations or trenches must be properly protected by necessary guards, sheathing and bracing; and must also be protected by adequate lights at night and the entity or person granted such permit shall be responsible for all claims for damages resulting from any cause connected with the making of such cut, trench or excavation. The entity or person granted the permit must cause to be placed at the excavation in a conspicuous place, a sign which will be issued to him by the Town Highway Superintendent at the time of the issuance of the permit. This sign must not be removed from the place of excavation until the work is completed.
The refilling materials of such trench or excavation shall be approved by the Highway Department of the Town of Kingston and done in the proper manner for filling cuts, trenches or excavations and in a workmanlike manner by the entity or person receiving said permit who shall then notify the Town Highway Department that he has completed this work and the Town Highway Superintendent shall then relay the pavement over the said cut, trench or excavation and the cost of repaving said cut, trench or excavation as certified by him shall be paid by the entity or person granted such permit. If such cost of repaving said cut, trench or excavation charge is not satisfied in full by the entity or person receiving such permit, the cost shall be a lien against the property so connected and it may be collected in the same manner as special assessments as provided by the Real Property Tax Law of the State of New York.
Any person violating any of the provisions of this chapter shall be guilty of a violation and shall be punished by a fine of not exceeding $250 or imprisonment for not exceeding 15 days, or both.
In the event that one or more persons are employed by the party or entity seeking the permit for the within described work, a certificate showing the said employee or employees are covered by the workmen's compensation shall be submitted to the Highway Department before such a permit is issued.
In case of emergencies, such as (but not limited to) gas leaks or broken water or sewer lines, this entire chapter shall be abided by, except that the work may begin as soon as possible after the emergency is found to exist and notification has been given to the Town of Kingston Superintendent of Highways. Application for a permit must then be made on the next business day.