[Adopted 6-3-1969 as Ch. 19, §§ 19-1 through
19-8, of the 1969 Code of the Town of Huntington]
[Amended 5-2-1989 by Ord. No. 89-CE-2]
No person, firm or corporation, including public-service
companies and municipal districts, shall make any excavation in any
Town street, highway or sidewalk or construct any sidewalk, curb or
make any curb cut along any such street or highway in the Town of
Huntington for any purpose without first obtaining a permit therefor
from the Superintendent of Highways of the Town of Huntington as hereinafter
provided.
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Any person, firm or corporation, including public-service
companies and municipal districts, performing such work under contract
with the Town of Huntington when issued a permit shall be issued one
without charge.
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A.
Application in writing shall be filed with the Superintendent
of Highways on application blanks which he shall provide or in such
other manner as he shall prescribe, which application shall state
the nature, location, extent and purpose of the proposed excavation
or construction.
[Amended 8-24-1976 by Ord. No. 76-CE-29]
B.
The application to excavate shall contain or be accompanied
by an agreement on the part of the applicant to replace the street,
highway or sidewalk, pavement, curb or gutter to a proper and safe
condition, and such application shall be accompanied by a surety bond
in such form and of such surety company as may be approved by the
Superintendent of Highways and for an amount determined by the Superintendent
of Highways, which bond shall be conditioned upon the performance
of the aforementioned agreement by the applicant, or in lieu of a
surety bond the applicant may deposit with the Superintendent of Highways
a sum of money in an amount acceptable to the Superintendent to pay
all of the expenses to which the town may be put to replace the street,
highway or sidewalk, pavement, curb or gutter to a proper and safe
condition and in no event less than fifty dollars ($50.). If the amount
of such bond or cash deposit shall be insufficient to pay the cost
of such replacement, the applicant shall be held liable for any deficiency.
In the event that such street, highway, pavement, sidewalk, curb or
gutter is replaced by the applicant to the satisfaction of the Superintendent
of Highways, the surety bond or the amount of money deposited in lieu
thereof shall be returned to the applicant. In the event the applicant
or surety fails to fully replace such street, highway, pavement, sidewalk,
curb or gutter within the time provided in the permit or to the satisfaction
of the Superintendent of Highways, the Superintendent may cause same
to be replaced, restored, repaired and/or completed, and the cost
thereof shall be paid out of the sum so deposited or charged against
the bond, as the case may be.
[Amended 8-24-1976 by Ord. No. 76-CE-29; 10-15-2002 by L.L. No. 49-2002]
C.
Public utility companies and municipal districts may,
at their own option, file with the Town Clerk a surety bond in the
amount of one thousand dollars ($1,000) to cover all applications
for excavations made within the term of the bond, in which event a
copy of such bond shall be filed with the Superintendent of Highways.
If such blanket bond shall be filed, the Superintendent of Highways
may, in his discretion, require additional security by a further bond
or cash as above provided should any individual application involve
construction of such extent that the blanket bond shall, in his opinion,
furnish inadequate security.
D.
Applications by applicants other than public utility
companies or municipal districts to make an excavation in any Town
highway or sidewalk shall contain or shall be accompanied by an agreement
on the part of the applicant to backfill the excavation and restore
same to its original condition. Such application shall also be accompanied
by a deposit either in cash or by a certified check payable to the
order of the Town of Huntington for an amount to be estimated by the
Superintendent of Highways as sufficient to cover the cost of replacement.
No refund of such amount or any portion thereof shall be made to the
applicant unless the applicant restores and/or replaces such pavement,
sidewalk, curb and/or gutter to the satisfaction of the Superintendent
of Highways. In the event of failure of the applicant or surety to
replace and/or restore such pavement, sidewalk, curb or gutter within
the time provided in the permit, same shall be replaced and/or restored
by the Highway Department of the Town of Huntington and the cost thereof
shall be deducted from and paid out of the sum so deposited or charged
against the bond, as the case may be.
[Amended 8-24-1976 by Ord. No. 76-CE-29]
E.
Applications by applicants to construct sidewalks,
curbs or curb cuts in Town highways shall contain or shall be accompanied
by an agreement on the part of the applicant to construct the said
structures in accordance with specifications established for the particular
work by the Superintendent of Highways. Such application shall also
be accompanied by a surety bond in such form and of such surety company
as may be approved by the Superintendent of Highways and for an amount
determined by the Superintendent of Highways, which bond shall be
conditioned upon the performance of the aforesaid agreement by the
applicant, or in lieu of such surety bond the applicant may deposit
with the Superintendent of Highways a sum of money which shall be
deemed by said Superintendent to be adequate to pay all of the expenses
to which the Town may be put to construct the said structure and in
no event less than $50. All such applications must also be accompanied
by an inspection fee of $25.
[Amended 5-2-1989 by Ord. No. 89-CE-2]
F.
Application fees shall be paid at the time of the
application and shall be as follows:
[Amended 8-24-1976 by Ord. No. 76-CE-29; 5-2-1989 by Ord. No. 89-CE-2; 10-15-2002 by L.L. No. 49-2002]
(1)
Fees for all excavations: seventy dollars ($70.) for
filing, and thirty dollars ($30.) for inspection.
G.
Upon compliance with the foregoing requirements, a
permit shall be issued in the name of the Superintendent of Highways
of the Town of Huntington.
[Added 8-24-1976 by Ord. No. 76-CE-29]
[Amended 2-6-1979 by Ord. No. 79-CE-2]
As required in Article 36 of the General Business
Law, any person making a highway excavation pursuant to a permit granted
hereunder shall give notice of such excavation to public service companies
or municipal districts having lines, mains or other property in the
streets. No work shall be commenced or done under such permit until
such requirement of notice has been fully complied with to the satisfaction
of the Superintendent of Highways.
Any person making an excavation or doing any
construction covered by this article shall erect suitable barriers
or guards for the protection of persons using the streets or sidewalks
and, in addition thereto, shall set up and maintain during the hours
of darkness sufficient lights or flares to properly illuminate the
area and shall also take all necessary precautions for the protection
of the property of the Town and of public-service companies or municipal
districts and others which may be endangered by such excavations or
construction or the work incident thereto, and shall comply with all
directions given by the Superintendent of Highways with respect to
such barriers, lights, flares and protective measures.
Any person making an excavation or doing any
construction covered by this article shall provide a right-of-way
for pedestrians and motor vehicles. Excavators shall excavate only
one-half (1/2) the width of any sidewalk, road or highway within the
Town of Huntington so as not to impede the flow of traffic or pedestrians
thereby and so as to maintain a continuous flow.
A.
Openings in concrete roads shall have a minimum length
of ten (10) feet and a minimum width of at least one-half (1/2) the
width of the pavement where there is no center joint or to the center
joint where such exists. All cuts shall be saw cuts.
B.
No roads are to be tunneled but pipes may be driven
or trenched across.
A.
Applicants shall notify the Superintendent of Highways when work has been completed, after which an inspection will be made by the Superintendent of Highways or his duly authorized agent, and upon approval of the work a release will be granted to the applicant. Until the granting of such release, the applicant shall remain liable for proper guarding and protection as provided in § 173-4.
[Amended 5-2-1989 by Ord. No. 89-CE-2; 11-6-2019 by L.L. No. 56-2019]
Any person or entity making any excavation or constructing any
structure covered by this article without a permit as hereby required
and any person or entity failing to conform to the requirements of
this article or failing to comply with any requirements made hereunder
by the Superintendent of Highways of the Town of Huntington shall
be guilty of an offense and upon conviction shall be subject to a
fine of not less than two hundred fifty ($250) dollars and not more
than one thousand five hundred ($1,500) dollars for each violation.
Any person or entity found by the Bureau of Administrative Adjudication
to have violated any provision of this article by failing to obtain
a permit as required or otherwise violating the requirements of this
article or any requirements made hereunder by the Superintendent of
Highways shall likewise be subject to a monetary penalty within the
range of fines authorized herein for any offense.
[Added 8-24-1976 by Ord. No. 76-CE-29]
A.
In the event applicant shall, after commencement of
excavation, fail to adequately replace and/or restore such pavement,
sidewalk, curb or gutter, the Superintendent of Highways or an agent,
servant or an employee shall give notice thereof to the applicant
in writing, by ordinary mail addressed to the address provided on
the application, giving the applicant forty-eight (48) hours' time
within which to complete the replacement and/or restoration of the
excavation site.
B.
in the event that the applicant shall fail to complete
the replacement and/or restoration within the forty-eight-hour period
after notice thereof, the Superintendent of Highways shall direct
that the completion, restoration and/or replacement shall be forthwith
made and the applicant charged therefor, and the cost thereof shall
be deducted from the applicant's deposit at the following rates per
measurement or portion thereof.
[Amended 5-2-1989 by Ord. No. 89-CE-2]
(1)
Macadam: sixty dollars ($60.) per square yard.
(2)
Concrete: one hundred dollars ($100.) per square yard.
(3)
Concrete curb: twenty-two dollars and fifty cents
($22.50) per linear foot, minimum sixteen (16) feet.
(4)
Concrete sidewalk: fifteen dollars ($15.) per square
foot.
(5)
Improved or unimproved area behind curb: forty dollars
($40.) per square yard.
C.
All of the above rates shall be charged at a minimum
of three (3) square yards where applicable.
[Amended 5-2-1989 by Ord. No. 89-CE-2]
