No opening or excavation by cutting, digging or otherwise, subsequently herein referred to as an "operation," shall be made, commenced or carried on in or under any street, highway, sidewalk, sidewalk area or public place in the Town of Chester for any purpose whatsoever, except as herein provided in Article II of this chapter, until a written permit therefor has been duly issued as herein provided, in accordance with the procedures set forth in § 81-7 hereof, and all operations for which permits are issued shall be performed in compliance with the provisions of this article.
The provisions of this article shall be applicable to any and all operations
being worked at the time this chapter shall become effective. No operation
shall be extended in area after the effective date of this chapter without
first securing a permit therefor in accordance with the provisions of this
article.
A.
Public utility companies making 12 applications or more
per year may, in lieu of the deposit hereinafter mentioned, deposit with the
Town Board its bond or a surety company bond approved as to form, manner of
execution and sufficiency by the Town Board of the Town of Chester, which
bond shall be retained as security for the faithful performance by the applicant
of all the terms, agreements, covenants and conditions of the permit on the
applicant's part to be done or performed. Said bond shall be in an amount
to be determined by the Superintendent of Highways, but in no case shall the
face amount of the bond be less than $5,000.
B.
Public utility companies installing underground services
within the bounds of any street, highway, sidewalk area, right-of-way or public
place within the Town of Chester shall, in addition to the notice provisions
of Article 36 of the General Business Law of the State of New York, file a
map showing the location of such installations with the Superintendent of
Highways.
Any city, village, Town, public improvement district or other municipality
may, in lieu of making the cash deposit hereinafter mentioned, file with the
Superintendent of Highways a certified copy of a resolution duly adopted by
the governing board of such municipality or district, which said resolution
shall guarantee faithful performance by said municipality or district of all
the terms, agreements, covenants and conditions as set forth in the permit.
Said resolution shall be effective for the remainder of the calendar year
in which it is adopted.
If it becomes necessary in case of an emergency or any unforeseen happening
to enter upon a Town road for the purpose of making emergency repairs to any
sewer, water pipe, conduit or other underground or overhead structure, any
person, firm, corporation, public utility or municipal subdivision may do
so forthwith, provided that 24 hours of the time of making such opening, Sundays
or holidays not included, proper application for a permit is made therefor.
In any residence district, no operation authorized under this article
shall be permitted on Sundays or legal holidays nor before 8:00 a.m. or after
5:00 p.m. on other days. In any business or industrial district, no operation
authorized under this article shall be conducted on Sunday, except where otherwise
permitted by law. The Superintendent of Highways, in his discretion, may vary
or modify the application of this provision as occasion and/or necessity may
demand.
A.
Application for a permit under this article shall be
made to the Superintendent of Highways in writing, in duplicate, for each
operation and shall contain or be accompanied by the following information:
(1)
The full name and address of the applicant.
(2)
The full name and address of the owner or owners of property
in front of which the operation is to be performed.
(3)
The location by street address, if any, of the property
in front of which the operation is to be performed and the Tax Map designation
of the same.
(4)
A statement as to the proposed operation, indicating
the size and purpose thereof.
(5)
The date or dates when the proposed operation is to be
commenced and the dates when the operation is to be completed.
(6)
The type of pavement or surface to be disturbed.
(7)
A sketch of the proposed operation.
(8)
The estimated maximum quantity to be excavated and/or
removed and the estimated part thereof that will be used for regrading or
filling.
(9)
The rehabilitation proposed.
(10)
The estimated cost of the entire proposed operation.
(11)
The location, if any, of any tiles or drainage system
or water mains or other public utility conduits, etc., which may be within
the area of the proposed operation.
(12)
Any additional information which may be reasonably required
by the Superintendent of Highways.
(13)
A signed statement by the applicant that said applicant
agrees to perform the proposed operation for which the permit may be granted
in full and strict compliance and in accordance with the conditions of the
permit, if issued, and any and all provisions of the Town Law and other applicable
statutes, laws or ordinances of the Town of Chester and the rules and regulations
of the Highway Department of the Town of Chester.
B.
Upon receipt of the application as provided for in Subsection A hereof, the Superintendent of Highways shall act thereon by issuing or refusing to issue a permit. No permit shall be issued by him except where there is compliance with the provisions of this article and all other laws and ordinances and rules and regulations of the Highway Department of the Town of Chester. Such a permit, when issued, shall be effective for such period of time, not to exceed 30 consecutive calendar days, as shall be specified thereon by the Superintendent of Highways. Such specified period of time may be extended, if requested in writing by the permittee prior to the expiration of the permit, for such additional period or periods of time as may be authorized by said Superintendent of Highways.
No permit for an operation shall be issued by the Superintendent of
Highways until the applicant therefor shall have first paid to the Superintendent
of Highways, by check or money order payable to the order of the Town of Chester,
the following:
A.
A fee of $2 to cover the cost of issuing the permit and
the supervision and the inspection of the operation done in connection therewith.
B.
A deposit in an amount to be determined by the Superintendent
of Highways, computed at the rate of $20 per square yard of said surface to
be disturbed. If and when machinery is to be used in connection with an operation
and there is the likelihood of damage or injury to areas other than the specific
location of the operation, a deposit of an additional amount may be required,
said additional amount to be determined by the Superintendent of Highways,
computed at the rate of $20 per square yard of the area affected.
(1)
Said deposit shall be retained by the Town for the duration
of the period of maintenance. The period of maintenance shall be considered
as a period of six months after the date of final completion, as determined
by the Superintendent of Highways, of the operation to be done pursuant to
the terms of the permit; except, however, that in the event the termination
of said six months' period shall fall within the months of December, January,
February, March or April, then and in that event the period of maintenance
shall be considered as extending to the first day of May next ensuing, and
the permittee shall keep every portion of the same in good order and repair
during the entire period of maintenance.
(2)
Upon the failure or default by the permittee of or in
any of the terms, agreements, covenants and conditions of the permit on the
permittee's part to be done, to be performed or to be completed, said deposit
may be used by the Town for any expense incurred by the Town by reason of
such failure or default on the part of the permittee, and any balance left,
after the expense caused by such failure or default, as determined and certified
by the Superintendent of Highways, has been paid and deducted from the amount
of the deposit, shall be refunded to the permittee.
A.
Amount. No permit for an operation under this article
shall be issued by the Superintendent of Highways until the applicant therefor
shall have first placed on file with said Superintendent of Highways, without
cost to the Town, satisfactory evidence of public liability insurance in an
amount of not less than $100,000 for any one person and not less than $300,000
for any one accident, and of property damage insurance in an amount of not
less than $50,000 aggregate, and satisfactory evidence that said insurance
has been approved as to form, correctness and adequacy by the Town Attorney,
to insure the Town against any loss, injury or damage arising out of the granting
of the permit or from any negligence of said applicant, his servants, agents
or employees in connection with said operation or with any and all work related
thereto.
B.
Duration. Such insurance hereinabove referred to shall
remain in force throughout the effective period of the permit and/or any authorized
extension or extensions thereof and shall carry an endorsement to the effect
that the insurance company will give at least 10 days' prior written notice
to the Town of Chester of any modification or cancellation of any such insurance,
and shall contain a clause to the effect that termination of said insurance
shall be without prejudice to the right of the Town of Chester to make a claim
or claims thereafter for any loss or damage sustained as a result of any act
or acts committed or omitted during the term of said insurance.
The area of any operation shall be restored with materials equivalent
to those excavated so that the excavated portion shall be left in as good,
substantial and permanent condition as before the excavation. The restoration
shall be done under the direction of the Superintendent of Highways and shall
be completed within a reasonable time after the excavation, which time shall
be determined by the Superintendent of Highways.
A.
Existing structures. No work shall be commenced in connection
with an operation for which a permit has been granted under the provisions
of this article until the permittee shall have given written notice of the
issuance of such a permit at least 24 hours prior to the commencement of such
work to the owner or lessee of any pipes, conduits or other structures lying
upon, over or under the surface of the area wherein the operation is to be
performed pursuant to the permit issued hereunder, or to the person, firm
or corporation having the custody, control, care or maintenance of said pipes,
conduits or other structures, and said permittee shall file with the Superintendent
of Highways proof of the service of said written notice herein referred to.
The permittee shall at all times during the performance of the work on said
operation, at his own expense, preserve, support, maintain in operation and
protect and safeguard from injury or damage such pipes, conduits or other
structures and, in case of injury or damage, shall restore the same, at his
own cost and expense, to the same condition as they were in prior to the commencement
of the work on said operation. In the event of the failure of the permittee
to comply with the provisions of this section, such injuries and damages may
be corrected and repaired by the owner thereof, his agents or employees, and
the cost thereof and all damages sustained shall be paid by the permittee.
B.
Traffic and safety. Unless otherwise authorized by the
Superintendent of Highways, traffic shall be maintained at all times during
the progress of the operation being performed under the permit, and the permittee
shall have due regard for the safety of all traffic and the public and shall:
(1)
Erect and maintain suitable barricades, fences and/or
guardrails around the area of operation during the work on said operation
and arrange the same in such manner as to cause a minimum of inconvenience,
hazard and delay to any and all traffic.
(2)
Suitably place, install and maintain adequate warning
flags or signs and lighted red lamps or flares.
(3)
Provide a watchman, if deemed necessary by the Superintendent
of Highways and, if so ordered by the Superintendent of Highways, in accordance
with his directions and instructions.
(4)
Designate and furnish competent persons to direct and
expedite traffic, by means of lights or flags, when necessary, to minimize
inconvenience, hazard and delay to any and all traffic.
(5)
Arrange and conduct the work in connection with said
operation so as to make possible the removal completely of any obstructions
to any and all traffic on Saturdays, Sundays and holidays, if so required
by the Superintendent of Highways.
(6)
Comply with any and all other safety precautions as the
Superintendent of Highways may direct.
No permits, surety bond or cash deposit or liability insurance shall
be required in the following instances:
A.
For the erection of posts to hold mailboxes on the grass
plot adjoining the used or paved portion of any street or highways, provided
that they are properly set back from the used or paved portions thereof at
least three feet.
B.
For the planting of shade trees, shrubs and the like
in any grass plot adjoining the paved or used portion of any street or highway,
provided that they are properly set back from the used or paved portions thereof
so as not to obstruct a corner view or endanger the use of such highway.
C.
For the performance of any public work by employees of
the Town of Chester or pursuant to a contract or other agreement entered into
by the Town Board as such or on behalf of any lawfully created district in
said Town.
