No person, other than a resident or taxpayer in the Town of East Greenbush or a corporation other than a duly authorized Town officer or employee and others as hereinafter provided shall make any opening or remove any pavement or sidewalk in any of the streets, avenues, alleys, highways or public places in the Town of East Greenbush unless he shall first have obtained a permit therefor from the Town Commissioner of Public Works of the Town of East Greenbush with the consent of the Town Board of the Town of East Greenbush upon the written application of any such resident or taxpayer of the Town of East Greenbush or a corporation.
[Adopted 3-3-1952 (Ch. 37 of the 1991 Code)]
Before any permit shall be granted under the provisions of this article, an application therefor shall be made by the applicant and shall be made to the Town Commissioner of Public Works of this Town on printed blanks provided therefor, describing the location, number, purpose and size of the openings to be made, the kind of pavement or sidewalk to be removed, the time when such openings are desired and the length of time the openings will remain open, together with such other information regarding the work as the Town Commissioner of Public Works may require.
The Town Commissioner of Public Works shall require from any such resident or taxpayer of this Town or corporation applying for a permit under the provisions of this article and before such permit is granted, a good and sufficient policy of protective liability insurance of a duly authorized guaranty company and in such amount as shall be required by the Town Commissioner of Public Works of said Town and approved by the Town Board of said Town with respect to all operations under such permit by the permittee or anyone acting by, through or for such permittee including omissions and supervisory acts of the Town and/or the Commissioner of Public Works. Said policy shall state that it will not be changed or cancelled until 10 days' written notice is given to the Town Commissioner of Public Works and the Town Clerk of said Town.[1]
The Town Commissioner of Public Works shall have power to grant permits for opening, refilling and repaving streets, avenues, alleys, highways and public places in the Town of East Greenbush for the constructing, laying, repairing and maintaining of mains, pipes, services, conduits, manholes, railroad and railway tracks, and appurtenances thereto, under the provisions of the Town Law, statutes of the State of New York and ordinances of the Town of East Greenbush. Before any such permit is granted the applicant shall file with the Commissioner of Public Works of the Town of East Greenbush such maps, plans, specifications and information regarding the proposed work as the Town Commissioner of Public Works may require, and the Town Commissioner of Public Works shall have the power to prescribe such conditions and methods of doing the work as he may deem for the best interests of the Town with the consent of the Town Board. The applicant will be required to remove all clay or other materials which, in the opinion of the Town Commissioner of Public Works, are unsuitable for backfilling and refill all openings with a mixture of sand and gravel and to replace all pavements removed or disturbed by the prosecution of the work and restore the same to as good state and condition as before the opening was made, satisfactory to the Town Commissioner of Public Works. After the completion of the work the permittee shall keep said pavement at all times free from defects and settlements caused by the work for which the permit was granted. Should the party to whom the permit was granted fail to properly repair the pavement within five days after the written notice from the Town Commissioner of Public Works, the Commissioner shall have the power to have such repairs made, and the expense therefor shall become a charge against the said party to whom such permit was granted, or the sureties of his bond and upon the land benefited by the use of the highway for which such work was done; except that in an emergency, when the Commissioner of Public Works of the Town deems the pavement to be in dangerous condition, the Commissioner may have such repairs made without notice, and the expense therefor shall become a charge against the said party or his sureties and a charge upon the land benefited by the use of the highways for which such work was done. In case of nonpayment of bills for repairs, made as hereinbefore provided, the Town Commissioner of Public Works may also withhold further permits from said party until said bills are paid. The permits shall be issued by the Town Commissioner of Public Works with the consent of the Town Board of said Town and shall be in such form and contain such provisions as he or they shall prescribe.
No permits will be required for openings made for the purpose of repairing the tracks or the pavement occupied by the tracks of railroad corporations which are required by law to maintain the pavement occupied by their tracks, nor will permits be required for street openings made for the purpose of carrying out Town paving, district water or sewer work or contracts made by the Town Board for such work.
The permits granted under the provisions of this article are not transferable, and any violation thereof will be deemed a misdemeanor punishable under the provisions of § 45-8 of this article.
A.
The Town Commissioner of Public Works shall have the power to issue a permit to any applicant who desires to open the sidewalk of any street, avenue, alley, highway or public place in the Town of East Greenbush for the purpose of making or repairing water or sewer connections, or for any other purpose whatever, provided said applicant files the proper application therefor as provided in § 45-2 and furnishes the protective liability insurance policy and the bond required in § 45-3 and subject to the provisions of § 45-1.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B.
The applicant to whom such permit is granted will be required to refill all openings, and replace and repair all sod, flag, brick or cement sidewalks, curb, pavement or other work disturbed or injured by reason of such opening in a manner satisfactory to the Town Commissioner of Public Works.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person, except as herein provided, who shall make any opening or remove the pavement or sidewalk in any street, avenue, alley, highway or public place in the Town of East Greenbush without first having obtained a permit therefor from the Town Commissioner of Public Works with the consent of the Town Board or shall violate any provisions of this article, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punishable by a fine of $500 plus treble damages, based on costs occurred by the Town including materials, equipment and labor.
This article shall be entered in the minutes of this meeting and published in the Troy Record, the official paper of this Town, in its issue of March 7, 1952, and a printed copy thereof posted on March 7, 1952, on the signboard maintained by the Town Clerk pursuant to Subdivision 6 of § 30 of the Town Law and affidavits of such publication and posting shall be filed with the Town Clerk. This article shall take effect 10 days after such publication and posting.