No opening or excavation by cutting, digging or otherwise, subsequently herein referred to as an "operation," shall be made, commenced or carried on, in or under any street, highway, sidewalk, sidewalk area or public place in the Town of Bedford for any purpose whatsoever, except as hereinafter provided in Article II of this chapter, until a written permit therefor has been duly issued as herein provided, and in accordance with the procedures set forth in § 104-7 hereof, and in compliance with §§ 104-8 and 104-9 hereof.
The provisions of this article shall be applicable to any and all operations being worked at the time this article shall become effective. No operation shall be extended in area after the effective date of this article without first securing a permit therefor in accordance with the provisions of this article.
[Amended 1-6-2009 by L.L. No. 1-2009]
Public utility companies making 12 applications or more per year may, in lieu of the deposit hereinafter mentioned, deposit with the Town of Bedford its bond or a surety company bond approved as to form, manner of execution and sufficiency by the Town Board of the Town of Bedford, which bond shall be retained as security for the faithful performance by the applicant of all the terms, agreements, covenants and conditions of the permit on the applicant's part to be done or performed, which said bond shall be in an amount to be determined by the Commissioner of Public Works, but in no case shall the face amount of the bond be less than $10,000.
[Amended 1-6-2009 by L.L. No. 1-2009]
Any city, village, town, public improvement district or other municipality may, in lieu of making the cash deposit hereinafter mentioned, file with the Commissioner of Public Works a certified copy of a resolution duly adopted by the governing board of such municipality, which said resolution shall guarantee faithful performance by said municipality of all the terms, agreements, covenants and conditions as set forth in the permit. Said resolution shall be effective for the remainder of the calendar year in which it is adopted.
If it becomes necessary in case of an emergency or any unforeseen happening to enter upon a Town road for the purpose of making emergency repairs to any sewer, water pipe, conduit or other underground or overhead structure, any person, firm, corporation, public utility or municipal subdivision may do so forthwith, provided that within 24 hours of the time of making such opening (Sundays or holidays not included), proper application for a permit is made there for.
[Amended 1-6-2009 by L.L. No. 1-2009]
In any residence district, no operation authorized under this article shall be permitted on Saturday or Sunday, or before 7:00 a.m. or after 3:30 p.m. on other days. In any business or industrial district, no operation authorized under this article shall be conducted on Sunday, except where otherwise permitted by law. The Commissioner of Public Works, in his discretion, may vary or modify the application of this provision as occasion and/or necessity may demand.
[Amended 1-6-2009 by L.L. No. 1-2009]
A. 
Application for a permit under this article shall be made to the Commissioner of Public Works in writing, in duplicate, for each such operation and shall contain the following information:
(1) 
The full name and address of the applicant.
(2) 
The full name and address of the owner or owners of the property in front of which the operation is to be performed.
(3) 
The location by street address, if any, of the property in front of which the operation is to be performed and the Tax Map designation of the same.
(4) 
A statement of the proposed operation and the size thereof and purpose thereof.
(5) 
The date or dates when the proposed operation is to be commenced, and the date or dates when the operation is to be completed.
(6) 
The type of pavement or surface to be disturbed.
(7) 
A sketch of the proposed operation.
(8) 
The estimated maximum quantity to be excavated and/or removed, and the estimated part thereof that will be used for regrading or filling.
(9) 
The rehabilitation proposed.
(10) 
The estimated cost of the entire proposed operation.
(11) 
The location, if any, of any tiles or drainage system or water mains, or other public utility conduits, etc., which may be within the area of the proposed operation.
(12) 
Any additional information which may be reasonably required by the Commissioner of Public Works.
(13) 
A signed statement by the applicant that said applicant agrees to perform the proposed operation for which the permit may be granted, in full and strict compliance and in accordance with the conditions of the permit, if issued, and any and all provisions of the Town Law and other applicable statutes and ordinances of the Town of Bedford, and the rules and regulations of the Public Works Department of the Town of Bedford.
B. 
Upon receipt of the application, as herein provided for in Subsection A hereof, the Commissioner of Public Works shall act thereon by issuing or refusing to issue a permit. No permit shall be issued by him except where there is compliance with the provisions of this article and all other laws and ordinances, and rules and regulations of the Public Works Department of the Town of Bedford. Such permit, when issued, shall be effective for such period of time, not to exceed 30 consecutive calendar days, to be specified thereon by the Commissioner of Public Works. Such specified period of time may be extended for the completion of the operation, if so requested in writing by the permittee prior to the expiration date thereof, for such additional period or periods of time authorized by said Commissioner of Public Works.
C. 
Permits granted pursuant to this section shall be issued for up to 300 contiguous feet of frontage abutting a Town right-of-way, such that an additional permit or permit(s) shall be required for any distance in excess of the initial 300 feet and for every 300 feet thereafter. A proposed project encompassing 900 feet along a Town right-of-way, for example, shall require the approval of three street opening permits.
[Added 10-15-2013 by L.L. No. 6-2013]
[Amended 1-6-2009 by L.L. No. 1-2009]
A. 
No permit for an operation shall be issued by the Commissioner of Public Works until the applicant therefor shall have first paid to the Commissioner of Public Works, in cash or by check payable to the order of the Town of Bedford:
(1) 
A fee, as determined by the Board of the Town of Bedford and promulgated in the Town of Bedford fee schedule, to cover the cost of issuing the permit and the supervision and the inspection of the operation done in connection therewith. The fee schedule and corresponding street opening permit fees contained therein shall be updated from time to time by the Board of the Town of Bedford and approved by resolution.[1]
[1]
Editor's Note: Said fee schedule is on file in the Town offices.
(2) 
A security deposit, in an amount to be determined by the Board of the Town of Bedford and promulgated in the Town of Bedford fee schedule shall be required for each and every street opening permit as determined by the Commissioner of Public Works. Said deposit shall be retained by the Town for the duration of the period of maintenance as herein defined. The "period of maintenance" shall be considered as a period of six months after the date of final completion, as determined by the Commissioner of Public Works, of the operation to be done pursuant to the terms of the permit; except, however, that in the event that the termination of said six-month period shall fall within the months of December, January, February, March or April, then, and in that event, the period of maintenance shall be considered as extending to the first day of May next ensuing; and the permittee shall be responsible for the entire operation and shall keep every portion of the same in good order and repair during the entire period of maintenance. Security deposits that remain unclaimed 18 months after the permit approval date become the property of the Town of Bedford.
B. 
Upon the failure of or default by the permittee any of the terms, agreements, covenants and conditions of the permit on the permittee's part to be done, to be performed or to be completed, said deposit may be used by the Town for any expense incurred by the Town by reason of such failure or default on the part of the permittee, and any balance left, after the expense caused by such failure or default, as determined and certified by the Commissioner of Public Works, has been paid and deducted from the amount of the deposit, shall be refunded to the permittee if claimed within 18 months of the approval date.
A. 
Amount. No permit for an operation under this article shall be issued by the Commissioner of Public Works until the applicant therefor shall have first placed on file with said Commissioner of Public Works, without cost to the Town, satisfactory evidence of the following types of coverage and limits of liability:
[Amended 1-6-2009 by L.L. No. 1-2009]
(1) 
Commercial general liability (CGL) coverage with limits of insurance of not less then $1,000,000 each occurrence and $2,000,000 annual aggregate.
(a) 
If the CGL coverage contains a general aggregate limit, such general aggregate shall apply separately to each project.
(b) 
CGL coverage shall be written on ISO Occurrence Form CG 00 011093 or a substitute form providing equivalent coverage and shall cover liability arising from premises, operations, independent contractors, products/completed operations, personal and advertising injury and blanket contractual, including injury and to subcontractors' employees.
(c) 
The Town of Bedford and its agents, officers, directors and employees shall be included as additional insureds on the CGL, using ISO Additional Insured Endorsement CG 20 10 1185 or an endorsement providing equivalent or broader coverage to the Town of Bedford and its agents, officers, directors and employees. The coverage must be underwritten by an insurance company with at least an A-7 Best rating, as defined by A.M. Best. Coverage for the additional insureds shall apply as primary and noncontributing insurance before any other insurance or self-insurance, including any deductible, maintained by or provided to the additional insureds.
(d) 
The applicant and/or contractor shall maintain CGL coverage for itself and all additional insureds for the duration of the project and maintain completed operations coverage for itself and each additional insured for at least two years after completion of the work.
(2) 
Automobile liability: business auto liability with limits of at least $1,000,000 each accident.
(a) 
Business auto coverage must include coverage for liability arising out of all owned, leased, hired and nonowned automobiles.
(b) 
The Town of Bedford and its agents, officers, directors and employees shall be included as insured on the auto policy.
(3) 
Workers' compensation and employers liability: employers' liability insurance limits per statutory requirements.
(4) 
The applicant shall not sublet any part of his work without assuming full responsibility for requiring similar insurance from his subcontractors and shall submit satisfactory evidence to that effect to the Town of Bedford. Each such insurance policy, except the workers' compensation policy, shall include the Town of Bedford and its agents, officers, directors and employees as an additional insured.
(5) 
Certificates shall provide that 30 days' written notice prior to cancellation be given to the Town of Bedford. Policies that lapse and/or expire during the term of occupancy shall be recertified and received by the Town of Bedford no fewer than 30 days prior to cancellation or renewal.
(6) 
Indemnification and hold harmless.
(a) 
To the fullest extent permitted by law, the applicant and/or contractor will indemnify and hold harmless the Town of Bedford, its officers, representatives, agents and employees from and against any and all claims, suits, liens, judgments, damages, losses and expenses, including reasonable legal fees and all court costs and liability (including statutory liability) arising in whole or in part and in any manner from injury and/or death of a person or damage to or loss of any property resulting from the acts, omissions, breach or default of the applicant and/or contractor, its officers, directors, agents, employees and subcontractors, in connection with the performance of any work by or for the applicant and/or contactor pursuant to any contract, purchase order and/or related proceed order. The applicant and/or contractor will defend and bear all costs of defending any actions or proceedings brought against the Town of Bedford, its officers, representatives, agents and employees, arising in any employee of the applicant and/or contractor and shall not be limited in any way by an amount or type of damage, compensations, or benefits payable under any applicable workers’ compensation, disability benefits or other similar employees' benefit act.
(b) 
The applicant and/or contractor shall expressly permit the Town of Bedford to pursue and assert claims against the applicant and/or contractor for indemnity, contribution and common law negligence arising out of claims for damages for death and personal injury.
B. 
Duration. Such insurance hereinabove referred to shall remain in force throughout the effective period of the permit and/or any authorized extension or extensions thereof and shall carry an endorsement to the effect that the insurance company will give at least 10 days' prior written notice to the Town of Bedford of any modification or cancellation of any such insurance and shall contain a clause to the effect that termination of said insurance shall be without prejudice to the right of the Town of Bedford to make claim or claims thereafter for any loss or damage sustained as a result of any act or acts committed or omitted during the term of said insurance.
[Amended 1-6-2009 by L.L. No. 1-2009]
A. 
Existing structures. No work shall be commenced in connection with an operation for which a permit has been granted under the provisions of this article until the permittee shall have given written notice of the issuance of such a permit at least 24 hours prior to the commencement of such work to the owner or lessee of any pipes, conduits or other structures lying upon, over or under the surface of the area wherein the operation is to be performed pursuant to the permit issued hereunder or to the person, firm or corporation having the custody, control, care or maintenance of said pipes, conduits or other structures, and said permittee shall file with the Commissioner of Public Works proof of the service of said written notice herein referred to. The permittee shall at all times during the performance of the work on said operation, at his own expense, preserve, support, maintain in operation and protect and safeguard from injury or damage such pipes, conduits or other structures, and in case of injury or damage, shall restore the same, at his own cost and expense, to the same condition as they were prior to the commencement of the work on said operation, and in the event of the failure of the permittee to comply with the provisions of this section, such injuries and damages may be corrected and repaired by the owner thereof, his agents or employees, and the cost thereof and all damages sustained shall be paid by the permittee.
B. 
Traffic. Unless otherwise authorized by the Commissioner of Public Works, traffic shall be maintained at all times during the progress of the operation being performed under the permit, and the permittee shall have due regard for the safety of all traffic and the public and shall:
(1) 
Erect and maintain suitable barricades, fences and/or guardrails around the area of operation during the work on said operation and shall arrange the same in such a manner as to cause a minimum of inconvenience, hazard and delay to any and all traffic.
(2) 
Suitably place, install and maintain adequate warning flags or signs and lighted red lamps or flares.
(3) 
Provide a watchman, if deemed necessary by the Commissioner of Public Works and if so ordered by the Commissioner of Public Works, in accordance with his directions and instructions.
(4) 
Designate and furnish competent persons to direct and expedite traffic, by means of lights or flags, when necessary, to minimize inconvenience, hazard and delay to any and all traffic.
(5) 
Arrange and conduct the work in connection with said operation so as to make possible the removal completely of any obstructions to any and all traffic on Saturdays, Sundays and holidays, if so required by the Commissioner of Public Works.