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.