[Adopted 12-8-1975 by L.L. No. 4-1975 as Ch. 147 of the 1975
Code]
No person shall open up, dig, excavate or tunnel
under any Town public highway, street, sidewalk, gutter, curb, easement
or crosswalk or pavement within the Town of Blooming Grove, New York,
without first obtaining a written permit for same from the Superintendent
of Highways. The permit shall be granted upon satisfaction of the
terms and conditions as herein set forth.
A.
Except as hereinafter provided, not less than 24 hours
prior to the proposed time for such digging or excavation, written
application shall be made to the Town Clerk for a permit therefor.
Such application shall state:
B.
Each application shall be accompanied by a cash deposit
of $500 or such higher amount as the Superintendent of Highways deems
adequate to cover the cost of restoring the disturbed or affected
area to a condition which meets the approval of the Superintendent
of Highways, or in the alternative, a surety company bond, to be approved
by the Municipal Attorney, giving adequate assurance that satisfactory
restoration will be made.
[Amended 5-12-1986]
C.
Each application for a permit shall further be accompanied
by a certificate of insurance, in a form approved by the Municipal
Attorney, and issued by an insurance company authorized to do business
in the State of New York, running to the Town, guaranteeing that the
applicant has provided public liability coverage of not less than
$100,000/$300,000 and property damage insurance of $50,000/$100,000,
to save the Town harmless from all claims, actions and proceedings
brought by any person for injury to person or property resulting from
or occasioned by any fault or default of the person to whom the permit
is issued, or by anyone acting thereunder on his behalf, including
a provision that said coverage cannot be canceled or fail to be renewed
without 10 days prior written notice to the Town.
D.
Any person, firm or corporation whose business is
of such a nature as would require obtaining frequent permits for digging
or excavation shall not be required to file a separate bond for each
application, but may provide a general bond annually, to be approved
by the Municipal Attorney, in the penal sum of not less than $5,000.
A.
All work shall be completed within a reasonable time.
Until complete repair has been made, all liability for the condition
of the area remains upon the applicant. All trenches shall be backfilled
with granular material approved by the Superintendent of Highways.
The backfill material shall be placed in layers not exceeding six
inches in loose depth, and each layer shall be compacted with a minimum
of three passes with vibratory mechanical tampers. Sheeting shall
be used as required for the safety of workmen exposed to the hazard
of falling or sliding material from any trench or excavation more
than five feet above the workman's footing. Sheeting shall be adequate
and conform with the provisions of the current Industrial Code Rule
No. 23 as established by the New York State Department of Labor, Board
of Standards and Appeals. Subbase material and pavement shall be restored
and thoroughly compacted with vibratory mechanical tampers or a steel
wheel roller weighing a minimum of 10 tons. All work shall be performed
to the satisfaction of the Superintendent of Highways. Where the applicant
fails to complete repairs within a reasonable time, the Town shall
restore the area disturbed and deduct the cost thereof from the sum
placed on deposit as heretofore provided.
B.
The person to whom the permit is issued shall maintain
sufficient guards, barricades, lights or watchmen to protect persons
and property against injury and damage by reason of such openings.
[Amended 2-5-1979 by L.L. No. 1-1979]
A.
The application for a permit shall be accompanied
by a fee as set by resolution of the Town Board from time to time.
Prior to issuance of a permit, the Town Engineer or the Town Highway
Superintendent shall inspect the proposed street opening to determine
whether issuance of the permit would be detrimental to the public
health, safety and welfare. He shall have the power to place conditions
on the issuance of a permit that are necessary to protect the public
health, safety and welfare. If the application is denied, the applicant
shall be refunded his application fee less $15 as cost for the initial
inspection.[1]
B.
The Town Engineer or the Town Highway Superintendent
shall inspect a street opening subsequent to its closing to determine
if it has been closed in a safe and effective manner.
C.
If at the time of the initial inspection the Town
Engineer or the Town Highway Superintendent determines that, because
of the complexity of the proposed street opening (i.e., deep excavations,
soil conditions, proximity of utilities, size and duration of opening,
volume and flow of traffic, timing of opening or other similar conditions),
additional inspections during operations are necessary to protect
the public health, safety and welfare, then he shall indicate the
number of such additional inspections on the permit application. The
applicant, prior to permit issuance, shall pay a fee as set by resolution
of the Town Board from time to time for each additional inspection
required.[2]
In an emergency, calling for the immediate opening
of a street or sidewalk to prevent injury or damage to person or property,
application shall be made for an emergency permit to the Superintendent
of Highways and, if unavailable, then first to the Town Engineer and,
if unavailable, then to the Police Department at any other time, either
in person or by telephone, and authority shall be granted to proceed
with the necessary work. As soon as the condition of emergency no
longer exists, the applicant shall comply with all the preceding sections
of this article, and failure to do so shall be considered a violation
hereunder.
