[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.
[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.
