For the purposes of this article, the following
terms shall have the meanings indicated:
CURB CUT
The opening along the curbline at which point vehicles may
enter or leave the street.
[Added 10-20-1997 by L.L. No. 5-1997]
DRIVEWAY
Any means used or intended to be used to allow for vehicular
ingress or egress to a town highway.
PERSON
Any person, firm, partnership, corporation, association or
legal representative acting individually or jointly, including public
utility and transportation corporations.
STREET OPENING
Any excavation, cutting or other construction that requires
removal of part or all of the surface of a street.
[Added 10-20-1997 by L.L. No. 5-1997]
TOWN HIGHWAY
The land included within the right-of-way of any street,
road, highway or lane that has been acquired by, dedicated to and
accepted by the Town of Monroe, either formally or by actual use by
the public.
TOWN SUPERINTENDENT
The duly elected Town Superintendent of Highways of the Town
of Monroe or any member of his department authorized to act on his
behalf.
[Amended 5-2-1983 by L.L. No. 1-1983]
The application fee for a permit required by
this chapter shall be an amount determined by the Town Board.
[Amended 10-20-1997 by L.L. No. 5-1997]
No permit shall be issued by the Town Superintendent
unless the applicant submits with his application a certificate of
insurance issued by an insurance company licensed to do business in
the State of New York and in a form acceptable to the town's Attorney,
certifying that the applicant has in full force and effect a policy
of general liability insurance with limits of not less than $1,000,000
for bodily injury to each person and $100,000 for property damage,
which policy shall name the Town of Monroe, its officers and employees
as additional insureds. In addition, the applicant shall also file
with the town evidence of statutory coverage for workers' compensation
and disability insurance. Such insurances must remain in full force
and effect during the entire term of the permit; otherwise, the permit
shall be invalid. Furthermore, acceptance of a permit under this article
shall constitute an agreement by the applicant to hold harmless the
town, its officers and employees from any and all costs, damages and
liabilities, including attorney's fees, which may accrue by reason
of work performed under said permit.
Any work that shall take place within a town
highway shall be completed with all possible dispatch. Such work shall
be performed in the manner and upon the conditions permitted by the
Town Superintendent and, in addition, the permittee shall:
A. Keep at least 1/2 of the town highway open to vehicular
and pedestrian traffic at all times.
B. Erect suitable safeguards and barriers surrounding
the work for the protection of persons and vehicles using the highway
in the daytime, and shall cause the same to be marked by adequate
lights or flares from sunset to sunrise, conforming in kind and number
to requirements of the Town Superintendent. In the event that any
person shall fail in the opinion of the Town Superintendent to adequately
erect such safeguards and barriers, lights or flares, the Town Superintendent
shall revoke any permit previously issued forthwith without any notice
and proceed immediately to take such steps as may be necessary to
protect the public from injury. He shall use the security deposit
applicable to the permit revoked to defray whatever costs he may incur
in taking such action.
C. Provide for the safety of workers through the use
of flagmen and warning signs, as required by the Town Superintendent,
and, in the case of trenching and excavations, comply with all rules
and regulations of the Occupational Safety and Health Administration
(OSHA).
[Added 10-20-1997 by L.L. No. 5-1997]
[Amended 9-13-1993 by L.L. No. 3-1993]
It shall be unlawful for any person, firm or corporation, regardless of whether a permit is required under this article, to deposit or cause to be deposited any dirt, waste, rubbish, filth or other foreign matter upon any town street, highway or avenue. If such person, firm or corporation shall so deposit or cause to be deposited any such dirt, waste, rubbish, filth or foreign matter, the Town Superintendent shall order such person, firm or corporation to cease and desist in such activity and to clean the town streets, highways or avenues of any such deposits made or caused by him. In the event that such person, firm or corporation fails to obey said order and cease such action or fails to clean up such deposits immediately, the Town Superintendent shall revoke any permit issued hereunder and may use any security deposit he has on hand made by such person, firm or corporation to effect such cleanup. In the event that such person, firm or corporation holds no permit hereunder, then the Superintendent shall issue such person, firm or corporation an appearance ticket for violation of this section, and such person, firm or corporation shall be subject to the penalties contained in §
43-14 of this article.
All notices served by the Town Superintendent
under this article, if not served personally, may be by ordinary mail
and shall be subscribed by him and shall be addressed to the address
of the permittee as indicated upon the application or any other address
where such person is last known to be residing or maintaining a place
of business. A copy of such notice shall also be conspicuously posted
on the site of the work covered by such notice.
The terms and provisions of this article relative
to securing a permit shall not apply in the following instances:
A. For the erection of posts or poles to hold mailboxes,
provided that such posts or poles are set back at least one foot from
the edge of any pavement.
B. For the planting of any shade trees, shrubs or the
like, provided that the same are set back from the pavement in such
a manner so as not to obstruct a corner view or endanger the users
of such highway.
C. For the performance of work by the Town of Monroe
through its agents or employees for itself or on behalf of any improvement
district located therein.
D. For the performance of any work by the County of Orange
or its authorized agents on behalf of County Sewer District No. 1.