[Adopted 6-26-1986 by L.L.
No. 1-1986]
It shall be unlawful for any person, firm or corporation to make any
opening or excavation in, or to tunnel under, any street, highway or public
place in the town without having obtained a permit as required herein or without
complying with the provisions of this article, or in violation of or at a
variance with the terms of any such permit.
A.
Applications for such permits shall be made to the Town
Clerk or to such other officer as the Town Board may by resolution designate
and shall describe the location of the intended excavation or work and the
size thereof, the purpose thereof, the person, firm or corporation doing the
actual work and the name of the person, firm or corporation for whom the work
is being done and shall contain an agreement that the applicant will comply
with all ordinances and laws relating thereto.
B.
Each and every applicant shall agree to defend, indemnify
and save harmless the town from any and all claims arising from or as the
result of the intended work.
No permit shall be issued until the applicant shall first have placed
on file with the Town Clerk satisfactory evidence of public liability insurance
in the amount of not less than $300,000 for any one person and not less than
$500,000 for any one accident and property damage insurance in the amount
of not less than $100,000 for any one accident. Said insurance shall by its
terms afford protection to the town against any such liability arising in
connection with the intended work.
A.
No permit shall be issued until the applicant shall have
deposited with the Town Clerk, or such other officer of the town as the Town
Board by resolution may designate, a bond as provided herein or a deposit.
[Amended 3-23-2006 by L.L. No. 3-2006]
B.
A deposit shall be in cash or by certified check or bank
draft made payable to the town.
C.
Said deposit is intended to ensure the proper restoration
of the street's surface, and from this deposit shall be deducted the expenses
of the town, if any, of relaying the surface of the ground or pavement and
of refill. If this is done by the town or at its expense, the balance shall
be returned to the applicant, without interest, after the excavation or opening
is completely refilled and the surface or pavement is restored.
D.
The deposit may be held by the town for as long as 90
days after the applicant has notified the town of the completion of the work.
Where the work, pursuant to this article, has been performed by the town,
then the town may hold the deposit for 90 days after the last day of work.
E.
All fees or deposits required to be paid pursuant to this article
shall be set by resolution of the Town Board.
[Added 3-23-2006 by L.L. No. 3-2006]
Proper bracing shall be maintained to prevent the collapse of adjoining
ground; and in excavating, the excavation shall not have anywhere below the
surface any portion which extends beyond the opening at the surface. It shall
be the duty of the permittee to give written notice to any person or company
whose structures, pipes, cables or conduits may be affected or endangered
by the work, at least 24 hours before the commencing of such work, and it
shall be the duty of the permittee to protect such pipes, cables, conduits
or other structures from damage. No unnecessary damage shall be done to any
tree or shrub or the roots thereof.
A.
The permittee shall erect and maintain suitable barricades
and fences while the work is in progress and shall arrange the work so as
to keep to a minimum the inconvenience and delay to vehicular and pedestrian
traffic. No street may be entirely blocked or closed to travel except as ordered
by the Town Superintendent of Highways.
B.
Warning signs and suitable red lights shall be placed
around any excavation 50 feet in front, facing the direction of travel. When
directed by the Town Superintendent or other designated officer, the permittee
must provide competent persons to direct and expedite traffic.
C.
It shall be a violation for any person to completely
close any street to traffic except with the prior approval of the Town Superintendent
of Highways and the Town Board and subject to such conditions as they may
impose.
A.
No street opening work shall be commenced sooner than
48 hours after the issuance of the permit, and the Building Inspector, the
Town Superintendent of Highways and Fire Chief of the district shall be immediately
notified as to the location of the proposed street opening.
B.
Any person, firm or corporation making any excavation
or opening shall restore the street surface or ground surface to its original
condition. All such work of restoring surface and backfill shall be done under
the supervision of the Town Superintendent of Highways or designated town
officer, and it shall be unlawful to backfill any work until the same has
been inspected and approved by said official, at least 10 hours' notice to
such officer being required.
C.
Excavations must be filled with a good grade of bank-run
gravel, fully compacted and approved by the Highway Superintendent. The topping
shall be at least six inches of blacktop.
D.
Such refilling shall be completed not more than 20 days
from the date of issuance of the permit hereunder; otherwise, the town may
complete the refilling and restoration and charge the cost thereof against
the deposit made under this chapter or collect such cost from the permittee
or the sureties on his bond hereunder.
E.
The Town Superintendent of Highways or other designated
officer of the town shall from time to time inspect or cause to be inspected
all excavations and similar work in progress and, when backfilling or other
work has been performed in violation of this article, shall have the power
to require the removal of backfill for purposes of inspection.
A.
Any person, firm or corporation may, in lieu of the deposit
required hereunder, file and keep on file with the town a bond in the minimum
amount to be set by resolution of the Town Board, given as security for the
faithful performance of the terms of any permit issued or to be issued.
[Amended 3-23-2006 by L.L. No. 3-2006]
B.
Should the cost of work in street openings, etc., to
be performed exceed the security provided herein, then the Town Clerk or other
designated officer may require an increase in said bond amount.
C.
In any event, a minimum charge to be set by resolution
of the Town Board, not refundable, shall be paid upon issuance of each permit.
[Amended 3-23-2006 by L.L. No. 3-2006]
No person shall hereafter construct an entrance or driveway from private
property onto any town highway without first applying to the official designated
by the town for a permit. A copy of the permit application shall be immediately
forwarded to the Town Superintendent of Highways, who shall inspect the site
and shall specify the requirements of the town to protect drainage and the
road shoulder, and the work may then proceed in accordance with the specification
and directions of the Town Superintendent of Highways, which he shall endorse
upon the permit application, which then shall constitute the permit. No fee
shall be required.
A.
Any person, firm or corporation violating any of the
provisions of this article shall be guilty of an offense against this article
as set forth in § 135 of the Town Law and, upon conviction thereof,
shall be punished by a fine not exceeding $50 for each offense or by imprisonment
in the county jail for not more than 60 days, or by both such fine and imprisonment,
and, upon failure to pay any such fine, shall be imprisoned in the county
jail.
B.
In addition to the penalties heretofore provided, any
person, firm or corporation violating this article shall be liable to the
town for a civil penalty in the sum of $50 for each offense, and the Town
Board may sue to recover the same.
C.
Each successive day in which a violation of this article
continues shall constitute a separate offense for which a separate penalty
shall be payable and/or a separate punishment may be imposed.
D.
The Town Board may also maintain an action or proceeding
in the name of the town in a court of competent jurisdiction to compel compliance
with or to restrain by injunction a violation of this article.
