This article shall be known and may be cited
as the "Excavation Ordinance of the Town of Niskayuna."
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.
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.
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.