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.
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.
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.
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.
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.