[Amended 3-2-1982 by Res. No. 5; 5-19-1987; 9-7-1994 by L.L. No. 26-1994; 7-13-2004 by L.L. No. 20-2004; 12-20-2005 by L.L. No. 28-2005]
A. 
No person, company, corporation, utility, or any entity shall open or make any excavation in or under the surface of any street, avenue, road, parkway or highway within the Town over which the Town has jurisdiction without first obtaining a permit as set forth further in this article.
B. 
Additionally, no person shall open or make any excavation in or under the surface of any street, avenue, road, parkway or highway within the Town over which the Town has jurisdiction within five years of the road being constructed, opened, reconstructed and/or repaved unless good cause is shown to the Commissioner of the Department of Public Works that the excavation is necessary, that alternative methods will not accomplish the permittee's objective, and without first obtaining written permission therefor from the Commissioner of the Department of Public Works and the Town Clerk, to whom there shall be made a formal application for each excavation. However, should the street opening or excavation be in conjunction with the connection of any building or structure to Southwest Sewer District No. 3, the permit fee requirements hereunder are waived. In addition thereto, licensed plumbers approved by the Southwest Sewer District for such work shall be required to comply with restoration requirements set forth in this section and bonding and insurance requirements as set forth in Chapter 170, Article IV, of the Code of the Town of Babylon. No connection to the Southwest Sewer District to be done by the individual owner of residential property shall be authorized, unless said owner shall execute an agreement with the Town of Babylon holding the Town harmless from any liability which may arise in the cost of such connection which in any way impacts on the public right-of-way. Such agreement shall further provide that the individual owner shall restore the public right-of-way in accordance with the requirements of the Commissioner of the Department of Public Works, Town of Babylon, and that the provisions of Town Highway Right-of-Way Repair Specifications[1] are hereby officially adopted by the Town of Babylon.
[1]
Editor's Note: Said specifications are on file in the Town offices.
Each application for permit hereunder shall be written, signed by the applicant or his duly authorized representative and shall contain the name and address of the applicant proposing to make such opening or excavation, an exact description of the location where such opening or excavation is to be made and of the nature of its surface and condition, the dimensions of the excavation, a statement of the purpose of such proposed excavation and the period of time it is to remain open, the name and address of the person for whose benefit or at whose request the opening or excavation is to be made and that the applicant will indemnify the Town from any and all damages resultant from injuries to person or property caused by such opening or excavation.
[Amended 10-19-1971; 9-8-1976; 5-19-1987]
A. 
Each application for a permit hereunder shall be accompanied by a fee which shall be established from time to time by Town Board Resolution.[1]
[Amended 4-4-2000 by L.L. No. 4-2000]
[1]
Editor's Note: Fees are on file in the Town offices.
B. 
The aforementioned fees shall be paid to the Town Clerk upon the issuance of the permit.
A. 
Required. Each applicant for a permit hereunder shall post with the Town Board an owner's protection policy written by an insurance carrier duly licensed in the state.
B. 
Amount. The policy shall be in the amount of $50,000 of coverage as to property damage and $500,000 and $1,000,000 of coverage as to bodily injury.
C. 
Scope. The policy shall cover any and all situations where a permit is issued by the Town and shall specifically indemnify, defend and hold harmless the Town, its Supervisor, Councilmen, Commissioner of the Department of Public Works, agents, servants and employees from any and all claims brought against it and/or them by third persons for alleged property damage or bodily injury allegedly occasioned by an applicant for street opening. Said protection policy may be applied to several and diverse digging situations conducted by the same person, group or authority.
[Amended 9-7-1994 by L.L. No. 26-1994]
[Amended 10-19-1971; 5-19-1987; 5-24-1988; 6-7-1988; 9-7-1994 by L.L. No. 26-1994]
Amounts and conditions.
A. 
The issuance of a permit hereunder shall be conditioned upon the applicant posting with the Town, where any performance or permit fees are under $500, a certified check or cash and, where any performance or permit fees are $500 or above, a performance bond issued by such surety or sureties as the Town of Babylon may approve, conditioned upon the applicant complying with the terms and conditions of the permit and this article, performing the work in the manner and within the time specified in the permit, replacing and restoring the street, avenue, road, parkway, highway and pavement thereon over every such opening or excavation in as good a condition as it was before such opening or excavation was made and keeping and maintaining the same in good order for a term as set forth below and complying with any and all ordinances relative to openings and excavations and complying with specifications set by the Town Commissioner of the Department of Public Works, in amounts to be set by the Town Board, upon the recommendation of the Commissioner of the Department of Public Works, from time to time.
B. 
The certified check or cash or performance bond requirements hereunder shall include provisions for maintenance, which certified check or cash or performance bond shall be held for a duration of two years from the date of the completion of the work under the permit, in the case of all excavations with a depth at 18 inches or less, and a duration of three years from the date of the completion of the work under the permit for all excavations with a depth between 18 inches and five feet and a duration of four years from the date of completion of the work under the permit for all excavations exceeding five feet in depth; however, the above period of time may be waived by the Commissioner of the Department of Public Works where the work shall have been completed and an inspection of said work shall show it to meet highway right-of-way specifications, and said certified check or cash or performance bond shall then be returned to the person posting such certified check or cash or performance bond.
Upon special application made to it by any applicant for a permit required under this article, and for good cause shown, the Town Board may, in its discretion, waive any of the provisions set forth under §§ 191-9 and 191-10 insofar as it may accept such insurance and/or indemnification documents as it deems appropriate in the premise.
[Amended 10-19-1971; 9-7-1994 by L.L. No. 26-1994]
A. 
Any applicant making an opening or excavation under the provisions of this article shall at all times while the same remains open or danger exists therefrom maintain a clearly visible warning signal in front of such opening or such excavation on all sides and at night or whenever visibility requires it. Such warning signal shall be flashing amber lights and in addition shall at all times when work is actually not being done in or about such opening or excavation surround the same with substantial barriers as shall be approved by the Town Commissioner of the Department of Public Works and at night or when visibility requires it clearly outline the position and extent of such barriers by flashing amber lights. Such lights, barriers and other warning devices shall be in accordance with the New York State Vehicle and Traffic Law and the New York State Manual of Uniform Traffic Control Devices.
B. 
It shall further be a duty of the applicant to maintain traffic flow around such openings or excavations as directed by the Town Commissioner of the Department of Public Works.
[Added 10-19-1971]
Adequate safety precautions shall be taken in connection with all openings or excavations. Said safety precautions shall comply with all local, state and federal safety regulations.
[Added 10-19-1971; amended 4-27-2022 by L.L. No. 10-2022]
Any person or entity violating any provision of this article shall be subject to the criminal and civil penalties provided in §§ 1-15 through 1-17 of this Code.
[Added 12-7-1971]
Anything in this article to the contrary notwithstanding, the provisions of §§ 191-7, 191-9 and 191-10 shall not apply to the Suffolk County Southwest Sewer District or to the Suffolk County Water Authority or to anything done pursuant to a contract to which the Suffolk County Southwest Sewer District or the Suffolk County Water Authority is a party. The provisions hereinafter set forth in this section shall apply to any excavation in or under the surface of any street, avenue, road, parkway or highway within the Town, over which the Town has jurisdiction, that is made by the Suffolk County Southwest Sewer District or the Suffolk County Water Authority or pursuant to a contract to which the Suffolk County Southwest Sewer District or the Suffolk County Water Authority is a party.
A. 
Each application for a permit hereunder shall be accompanied by a fee of $50 therefor, to be paid to the Commissioner of the Department of Public Works or his agent, when such application is made by the Suffolk County Water Authority. The Suffolk County Water Authority shall be exempt highway the payment of any additional permit fee over and above the application fee of $50.
[Amended 5-19-1987; 10-6-1987;[1] 9-7-1994 by L.L. No. 26-1994]
[1]
Editor's Note: This resolution also provided that it shall be retroactive to 6-1-1987.
B. 
Each applicant for a permit hereunder shall post with the Town Board, an owner's protection policy written by an insurance carrier duly licensed in the state. The policy shall be in the amount of $50,000 of coverage as to property damage and $500,000 and $1,000,000 of coverage as to bodily injury. The policy shall cover any and all situations where a permit is issued by the Town and shall specifically indemnify, defend and hold harmless the Town, its Supervisor, councilmen, Commissioner of the Department of Public Works, agents, servants and employees from any and all claims brought against it and/or them by third persons for alleged property damage or bodily injury allegedly occasioned by an applicant for street opening. Said protection policy may be applied to several and diverse digging situations conducted by the same person, group or authority.
[Amended 9-7-1994 by L.L. No. 26-1994]
C. 
The applicant for a permit hereunder shall post with the Town or its designated agents a performance bond in the minimum amount of $30,000, issued by such surety or sureties as the Town may approve, conditioned upon the applicant complying with the terms and conditions of the permit, performing the work in the manner and within the time specified in the permit, replacing and restoring the street, avenue, road, parkway, highway and pavement thereon over every such opening or excavation in as good condition as it was before such opening or excavation was made and keeping and maintaining the same in good order for three years, complying with any and all ordinances relative to openings or excavations. Such bond shall be sufficient for more than one road opening for a single individual or entity, provided that the individual or utility shall not open or permit to remain open at any given time any excavation or excavations.
[Amended 5-19-1987]