The Town Board of the Town of Fort Edward hereby finds that its existing
ordinances which apply to street openings are inadequate and do not vest the
Superintendent of Public Works with sufficient flexibility to ensure that
work is done in a proper manner. The Board further finds that inadequacy also
exists in regards to the installment of culverts and unrelated drainage which
accompanies the street openings. The Board therefore finds that it is necessary
to adopt this Article in order to establish general standards governing the
issuance of permits for street openings' proper drainage.
As used in this Article, the following terms shall have the meanings
indicated:
CULVERT
A conduit for conveying water through an embankment.
PERSON
An individual, a partnership, a corporation, an association, a joint-stock
company, a trust, any unincorporated organization or a government or political
subdivision thereof.
SIDEWALK
The area on each side of the road from the property line to the gutter
line or, if there is a curb, to the roadway side of the curb.
STREET
Includes but shall not be limited to roads, gutters, driveways which
lead into roads and curbs and sidewalks adjacent to roads.
The Superintendent of Public Works shall additionally adopt specifications
related to the installment of culverts and related drainage. Said permit approval
does not in any way provide responsibility for the continued maintenance of
said culverts, whose responsibility rests with the property owner. Such specifications
shall be formulated in such a manner as to ensure that the materials used
are suitable for the particular purpose and that the work is performed in
a safe and workmanlike manner. The applicant shall be required to conform
with these specifications as a condition of the issuance of said permits.
No work may be commenced under any permit granted pursuant to this Article
unless or until such notice as shall be directed by the Superintendent of
Public Works shall have been given public service corporations and such other
entities, persons, associations or corporations as have lines, mains or other
property in the streets so as to permit them to protect their property.
Each permit issued pursuant to the terms of this Article shall be at
all times in the possession of the parties actually performing the work.
The town of issuance of any such permits assumes no responsibility for
supervising the work of any applicant or for the work actually performed by
any applicant and shall not be liable for the negligence of any such applicant.
This article shall supersede all other local laws, ordinances, resolutions,
rules and regulations of the Town of Fort Edward to the extent that they are
inconsistent with this article.