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.
[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.
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.
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.