[HISTORY: Adopted by the Town Board of the Town of West Seneca 6-8-1953;
amended in its entirety 5-24-1982. Subsequent amendments noted where applicable.]
No person or corporation shall open or cause to be opened by cutting
or digging the surface or soil in any street, highway or public ground for
any purpose whatever without first securing the written permit from the Town
Clerk on forms to which has been affixed the approval and consent of the Town
Superintendent of Highways, and paying the following prescribed fees therefor,
or without complying with the following provisions relating thereto.
A.
The fees for the street openings not exceeding ten (10)
square feet in area are fixed as follows: fifty dollars ($50) to cover the
cost of issuing the permit, records, inspection and supervision, plus a deposit
of not less than two hundred fifty dollars ($250.), or such amount as hereafter
established by resolution of the Town Board.
[Amended 8-6-1984]
B.
Where openings are expected to exceed ten (10) square
feet in area, the cost of restoring the surface will be estimated by the Town
Superintendent of Highways, and a deposit of twice the amount so estimated,
in addition to the fee of fifty dollars ($50.), will be required, but in no
event shall the deposit be less than that specified in the preceding subsection.
Following proper restoration, the deposit shall be returned to the applicant.
All openings shall be carefully backfilled, tamped and puddled by the
owner, after which the surface of the street will be restored. The deposit
will be retained until the frost has left the ground the following spring,
which will usually be understood to be by May 1. Any repairs or other restoration
which may be necessary will be promptly made by the town and paid for out
of the balance of the deposit then on hand, and any balance then remaining
shall be returned to the person in whose name the permit was originally issued.
Public utility corporations and other governmental agencies shall obtain
a separate permit from the Town Clerk for each opening, paying therefor a
fee of fifty dollars ($50.) to cover the costs of issuing the permit, recording,
inspection and supervision; but they may, in lieu of making the deposits hereinbefore
specified, file with the Town Clerk a bond, to be approved as to form, amount
and sufficiency of sureties by the Town Attorney, conditioned upon the proper
restoration of highways in accordance with the directions of the Town Superintendent
of Highways, and to his satisfaction; the payment to the town, upon demand,
of any costs and expenses made by it in restoring the surface of any highway
or public place opened by such corporation; and the saving of the Town of
West Seneca, its officers and servants, harmless from any loss, injury or
damage, due to opening highways or public places, or to any negligence or
fault of such corporation, its servants or agents in connection therewith.
In cases of emergency, due to breakage of pipes, etc., openings may be made
before obtaining the permit, but a permit must be obtained as soon as practicable,
and in every case in less than twenty-four (24) hours from the time of making
the opening.
All trenches or openings made by a public service corporation or other
governmental agency shall be backfilled by it, by tamping or puddling, or
both, and the surface of the street shall be restored first, as soon as convenient
after the opening has been filled, and again, if necessary, after any settlement,
after the succeeding winter, but not longer than one (1) year after the first
surfacings shall be borne by the corporation making the openings and shall
be paid within thirty (30) days of the rendering of a bill by the town, if
any work by the town shall be necessary.
[Amended 8-6-1984]
At the time that a request is made to the Town Clerk for a permit, the
applicant therefor shall furnish an insurance policy with the Town of West
Seneca as the named insured to save the town harmless from any public liability
for any acts of the applicant. The limits of such policy shall be in such
amount as the Town Board shall fix, by resolution, but in no event less than
one million dollars ($1,000,000.).
[Amended 8-6-1984]
All culverts hereafter constructed along or near to the line of the
gutter of any public highway, under and across any private entrance to any
highway or public place, shall consist of stone, concrete or approved material
with a minimum diameter of twelve (12) inches, to be laid on the line of the
existing highway gutter. No vitrified pipe or clay pipe, wooden box or wooden
cover shall be used for such purpose.
No existing culvert under private entrance shall be substantially altered
or repaired except to reconstruct the same, and in case any such existing
culvert shall become broken or damaged, or fail to carry off properly the
water flowing thereto, the owner or occupant of the premises for which such
private entrance is provided shall, upon demand of the Town Highway Superintendent,
forthwith reconstruct the same in accordance with the provisions of said section.
No such culvert shall be constructed, nor shall any culvert basin or
other structure interfering or tending to interfere with the free and open
operation of any highway gutter be constructed, without the written consent
of the Superintendent of Highways, and all such work shall be performed and
completed under the directions of and to the satisfaction of said Superintendent
of Highways.
Any person or persons, association or corporation committing an offense
against this chapter or any section or provision thereof is guilty of a violation
punishable by a fine not exceeding two hundred fifty dollars ($250.) or imprisonment
for a period not exceeding fifteen (15) days for each such offense, or by
both such fine and imprisonment.
