This Part
2 shall be known as and may be cited as the "North Salem Street Ordinance."
No permit for an operation shall be issued by
the Superintendent of Highways until the applicant therefor shall
have first paid to the Superintendent of Highways, in cash or by check
payable to the order of the Town of North Salem:
A. A fee in accordance with the Standard Schedule of
Fees of the Town of North Salem to cover the cost of issuing the permit
and the supervision and the inspection of the operation done in connection
therewith.
[Amended 7-27-1993 by L.L. No. 3-1993]
B. A deposit in accordance with the Standard Schedule
of Fees of the Town of North Salem plus a sum to be computed in accordance
with the unit prices for pavements or other areas to be disturbed
or work to be done, as determined by the Superintendent of Highways
in accordance with the Standard Schedule of Fees of the Town of North
Salem. The amount of deposit shall be retained by the Town for the
duration of the period of maintenance as the same is herein defined.
[Amended 7-27-1993 by L.L. No. 3-1993]
C. Public utility companies may, in lieu of the deposit
herein above mentioned, deposit with the Town Board its bond or a
surety company bond approved as to form, manner of execution and sufficiency
by the Town Board of the Town of North Salem, which bond shall be
retained as security for the faithful performance by the applicant
of all the terms, agreements, covenants and conditions of the permit,
which bond shall be in amount to be determined by the Superintendent
of Highways, but in no case shall the face amount of the bond be less
than $5,000. When the permittee's work exceeds the maximum authorized
size of opening or work specified in the permit, the permittee shall,
when so ordered and before proceeding with the work, pay to the Superintendent
of Highways such additional amounts of deposit as the Superintendent
of Highways may require. Failure on the part of the permittee to comply
promptly with said order will be considered sufficient cause for revocation
of the permit.
D. All deposits shall be retained by the Town for the
duration of the period of maintenance as hereinbelow defined:
(1) The period of maintenance shall be considered as a
period of six months after the date of final completion, as determined
by the Superintendent of Highways, of the operation to be done pursuant
to the terms of the permit; except, however, that in the event the
termination of said six-month period shall fall within the month of
December, January, February, March or April, then and in that event
the period of maintenance shall be considered as extending to the
first day of May next ensuing, and the permittee shall be responsible
for the entire operation and shall keep every portion of the same
in good order and repair during the entire period of maintenance.
E. Upon the failure or default by the permittee of or in any of the terms, agreements, covenants and conditions of the permit, said deposit may be used by the Town for any expense incurred by the Town by reason of such failure or default on the part of the permittee, and any balance left shall be refunded to the permittee after the expense caused by such failure or default, as determined and certified by the Superintendent of Highways, has been paid and deducted from the amount of the deposit. The fees, deposits and bonds required by this Part
2 may be modified at any time pursuant to resolution adopted by the Town Board upon written request of the Highway Superintendent.