[HISTORY: Adopted by the Town Board of the Town of Esopus 3-9-1988 by L.L. No. 4-1988. Amendments noted where applicable.]
No cut or break shall be made in the pavement or street surface and no trench or excavation shall be dug for any purpose whatsoever in any street owned by the Town of Esopus, Ulster County, New York, without first obtaining from the Superintendent of Highways of such town a written permit for the making of such cut, trench or excavation, which permit shall specify the purpose for which the permit is asked and the name of the corporation or person making application therefor. Such permit shall be valid for a period of not more than 15 days after the date of issuance of the same, after which said permit shall lapse and become null and void. If the work for which such permit is issued has not been completed within said period of 15 days, the corporation or person doing such work may apply for a renewal of said permit, and the Superintendent of Highways may grant such renewal, subject to the same limitations and conditions contained in the issuance of the original permit.
Before any permit will be issued for any excavation in a public highway, the person seeking the permit shall post a cash bond in an amount to be determined by the Superintendent of Highways. This bond shall be retained by the Superintendent of Highways for a period of one year. In the event that the cut in the road settles within one year, the cash bond shall be used to repair the road.
Editor's Note: Former Chapter 74, Excavations, adopted 6-12-1980 by L.L. No. 10-1980, was repealed 3-9-1988 by L.L. No. 3-1988.
The applicant shall give the Superintendent of Highways of said town at least 24 hours' notice of the time such work is to be commenced, unless such notice is waived by said Superintendent. All trenches or cuts must be properly protected by necessary guards, sheathing and braces and must also be protected by lights at night; and the person or persons granted such permit shall be responsible for all claims for damages resulting from any cause connected with the making of such cut, trench or excavation.
Excavations in public highways shall be scored or cut with straight edges. All undermining must be recut and treated as set forth below.
Excavations must be backfilled with Item 4. If any other material is used, the permit holder must first receive permission, in writing, from the Superintendent of Highways to use substitute materials.
All manholes, valve boxes, etc., must be set at road level. If set below or above road level, the road will not be accepted by the town. When refilling the hole, every 12 inches shall be compacted with a suitable compactor or compressor. In the event that the excavation settles within one year from the date of construction, the builder of the road or the person who engaged his services shall pay to the Town Superintendent of Highways the cost to the town of bringing the excavation up to grade and in compliance with the specifications set forth herein.
The person, firm or corporation making the cut in the public highway shall carry liability insurance in a sum not less than $1,000,000 for each person injured and $3,000,000 for each accident. The Town of Esopus shall be named as an additional insured on the policy or certificate of insurance. No permit shall be issued without such a certificate. Such certificate is to be filed with the Superintendent of Highways. The certificate shall also oblige the insurance company writing such insurance to notify the Town Clerk of the Town of Esopus by registered mail 10 days prior to the date that the policy of insurance will for any reason be canceled.
The application for a permit to make excavations in a public highway shall be made on forms furnished by the Superintendent of Highways and shall be submitted in duplicate, along with a check in the sum of $25, made payable to the Town of Esopus Highway Department.
Immediate notice of the completion of work for which the permit is given shall be given to the Superintendent of Highways of said town.
Any person violating this chapter shall be deemed guilty of a misdemeanor.