[HISTORY: Adopted by the Town Board of the Town of Esopus 3-9-1988
by L.L. No. 4-1988. Amendments noted where applicable.]
A.
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.
B.
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.
[1]
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by L.L. No. 10-1980, was repealed 3-9-1988 by L.L. No. 3-1988.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.
A.
Excavations in public highways shall be scored or cut
with straight edges. All undermining must be recut and treated as set forth
below.
B.
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.
C.
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.
