[Adopted 10-7-1997 by L.L. No. 12-1997[1]]
[1]
Editor's Note: This local law also repealed former Art. I, Excavations, adopted 7-6-1948, as amended.
This article shall be known and may be cited as the "Excavation Ordinance of the Town of Niskayuna."
A. 
Before any individual, person or persons, corporation or company shall make any excavation in or under any public right-of-way or public place within the Town of Niskayuna or initiates the repair or replacement of any sidewalk on such place or right-of-way, an application shall be made to the Town Superintendent of Highways, stating the exact location of the proposed excavation.
B. 
Accompanying said application shall be an application fee for a permit to perform excavations or disturbances within the Town's right-of-way and any such other information as the Town may require.
C. 
Application to excavate by any public utility shall be accompanied by an application fee, together with such maps and plans as may be required by the Town Superintendent of Highways.
D. 
No excavation, as aforementioned, shall be made until a written permit is given by the Town Superintendent of Highways.
E. 
Application for a permit shall be made in writing and shall be made to the Town Superintendent of Highways in a form required by the Town Board. After the permit has been issued and prior to any excavation, it shall be the applicant's responsibility to inform and receive approval from the Town Superintendent of Water and Sewer.
F. 
Permits issued under this section shall be for a period not to exceed 10 days from the date of issuance of the permit, unless further extension is endorsed thereon by the Town Superintendent of Highways.
The Town Board of the Town of Niskayuna shall, by resolution, establish a schedule of fees to be charged for road cuts in Town highways. Said schedule shall include but not be limited to fees for utility cuts, shoulder cuts, 1/2 road cuts, full road cuts, and cuts over two feet wide.
A. 
All excavation in paved areas shall be kept to a minimum. Only 1/2 of a paved roadway, right-of-way or public place shall be open at any one time.
B. 
The applicant shall at all times take every precaution to see that safeguards, barriers and lights are placed around said excavation to give ample notice and warning in addition to proper "Road Closed" signs and "Detour" signs if applicable.
C. 
The surface of said right-of-way or public place shall be restored to as good a condition as prior to said excavation and to the approval of the Town Superintendent of Highways.
D. 
The washing of lines under any highway or street is strictly prohibited.
E. 
All earth from the excavation, rubbish and unused materials shall be immediately removed after the installation of the pipe or utility. After laying the pipe or utility in said ditch or excavation, the applicant shall immediately backfill with materials as stipulated by the Town Superintendent of Highways. The backfill is to be placed in layers of not more than six inches in thickness, and each layer is to be compacted to 95% of its maximum proctor density within five feet of the pavement edge. All other disturbed areas shall be compacted to the same density as the adjoining existing ground. After the backfill has been completed, it is to be kept flush with the pavement or existing roadway or street until such time as the permanent pavement of said right-of-way is replaced by the Town of Niskayuna Highway Department.
F. 
Any sidewalk or section of sidewalk replaced or repaired under permit shall be constructed in conformance to the same material standards or better as prevail for sidewalks in the vicinity of the repair or replacement.
The party to whom the permit is granted, in consideration of the granting thereof, shall save the Town of Niskayuna, the Town Superintendent of Highways and any and all Town officials and employees harmless of and from any and all claims, actions and judgments of any kind whatsoever that may arise from any cause whatsoever due to the execution of the work allowed under the permit, either during its progress or subsequent thereto, for any damages suffered by any claimant either to person or property by reason of such excavation and work.
A. 
Reimbursement for cost of restoration by Town of roadway after work is completed. As provided herein, the applicant, at the time of application, must pay as a deposit to the Town Superintendent of Highways the application fee for the type of permit applied for. This application fee shall cover all of the expenses to the Town of Niskayuna for the examination of the area to be excavated, inspection by the Town Superintendent of Highways and for repavement by the Town, if required, of the right-of-way or public place where the work was performed.
B. 
Failure to complete work or to properly perform in accordance with permit. In the event that the applicant shall fail to complete the work started or in the event that the applicant should fail to restore the surface of said right-of-way or public place to as near the condition as it was prior to said excavation, the Town Superintendent of Highways shall immediately fill in said excavation and shall do whatever is necessary, in his or her opinion, to properly restore the surface of said right-of-way or public place to as near a condition as it was prior to said excavation; and, after the same has been completed, the Town Superintendent of Highways shall determine the cost of said restoration to the Town and, should the cost to the Town be more than the application fee, the applicant shall be liable for the difference.
Any person committing an offense against any provision of this article shall, upon conviction thereof, be guilty of a violation pursuant to the Penal Law of the State of New York, punishable by a fine not exceeding $500 or by imprisonment for a term not exceeding 15 days, or both such fine and imprisonment. The continuation of an offense against the provisions of this article shall constitute, for each day the offense is continued, a separate and distinct offense.