[Adopted 7-31-1985 by L.L. No. 2-1985 (Ch. 74 of the 1979 Code)]
A. 
It is the policy of the town that, wherever possible, the construction and installation of new utilities on existing or new town streets be underground.
[Amended 4-13-1999 by L.L. No. 1-1999]
B. 
Wherever possible, underground utilities, whether for local service or main distribution lines, are to be placed in the street right-of-way between the paved roadway and street line to simplify location and repair of lines when they require attention or in perpetually unobstructed easements of a width adequate for servicing.
C. 
Where topography or other conditions are such as to impose unnecessary hardship, the Town Board of the Town of Hamptonburgh is authorized to permit the construction of utilities above the ground, subject to the approval of any other applicable agencies, boards, departments or offices.
D. 
Prior to the issuance of a building permit for any new construction requiring a utility connection, the applicant shall submit to the Building Inspector of the Town of Hamptonburgh reasonable assurances from each public utility company whose facilities are proposed to be installed that the installation will be underground and will otherwise be in accordance with the provisions of this article. The Building Inspector of the town shall not issue the requested building permit until such assurances are received and the Building Inspector is satisfied that the application satisfies the provisions of this article.
[1]
Editor's Note: Former §§ 74-1 through 74-20, which immediately preceded this section, were deleted 4-13-1999 by L.L. No. 1-1999. For current subject matter, see Ch. 120, Subdivision Regulations.
[Amended 4-13-1999 by L.L. No. 1-1999]
A. 
No person shall perform any construction within a town street right-of-way, including, without limitation, the construction of a new driveway or the substantial repair of an existing driveway, without first obtaining a permit from the town. The Town Highway Superintendent is hereby delegated the authority to issue such permits, in accordance with the laws of the Town of Hamptonburgh, and is authorized to adopt a permit application form for such purpose and to enforce the provisions of this article. The Town Board shall, by resolution, establish a fee in connection with said permit.
B. 
Prior to any such construction within a town right-of-way, the applicant proposing any work or construction within the right-of-way shall make application for the same to the Town Highway Superintendent and shall submit such plans and details as are necessary to accurately depict the work or construction proposed within the town right-of-way. The Town Highway Superintendent may, at his discretion, require an accurate survey, certified to the town, depicting the details of all work or construction proposed within the right-of-way. The Town Highway Superintendent, as a condition of granting the aforesaid permit, shall fix the amount of a cash bond to be posted by the applicant with the Town Clerk to ensure that the applicant will comply with the provisions of this article and with any conditions imposed by the Town Highway Superintendent in granting any such permit. If the permit is granted, the applicant shall be required, as a condition of the granting of the permit, to restore the town's street to its original condition, including, without limitation, the pavement, shoulders and drainage contained within the town right-of-way that may be disturbed during the course of construction.
C. 
The granting of such a permit shall be expressly subject to the following general conditions, in addition to any specific conditions and restrictions imposed as a condition of the granting of any such permit:
(1) 
The permit shall not be assigned or transferred, except with the written consent of the Town Superintendent.
(2) 
The work authorized by this permit shall be done to the complete satisfaction of the Town Superintendent or his representative. In replacement of pavements, the town specifications therefor shall be followed.
(3) 
Notice shall be given by said applicant to the Town Superintendent at least 48 hours in advance of the date when the work is to begin.
(4) 
The applicant hereby agrees to indemnify and save harmless the town from all suits actions or damages of every kind, whatsoever, which may arise from or on account of the work to be done under this permit. General liability insurance for the protection of the applicant and the town will be maintained in such an amount and in such form and in such case as the Town Superintendent may require.
(5) 
The applicant agrees, in consideration of the permit, that any present or future injury to or disturbance of the road, its pavement, shoulders, its slopes or drainage caused by the work proposed under the permit shall be repaired by the applicant, at his own expense and to the complete satisfaction of the Town Superintendent.
(6) 
The Town Superintendent reserves the right to revoke or cancel the permit at any time should the applicant fail to comply with the terms and conditions of the same.
(7) 
The applicant's approved copy of the permit shall be in possession of the parties actually doing the work. It must be furnished on demand to the Town Superintendent or his representative.
(8) 
The permit application is subject to such other consents as are required by law.
(9) 
Traffic shall be maintained on this section of the road by the applicant during the life of the permit.
(10) 
The applicant hereby certifies that he has secured compensation for the benefit of and will keep insured during the performance of the above described work such employees as are required to be insured by the provisions of the Workers' Compensation Law.
(11) 
If the necessity arises in the future, because of the work on the town highway, to make repairs pertaining to this permit, said work shall be done at the expense of the applicant, and the applicant authorizes the town to use the cash bond posted by the applicant for such purpose, without limiting the applicant's responsibility to the same.