Town of Boston, NY
Erie County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Boston 4-6-1983 by L.L. No. 1-1983. Section 53-10 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
GENERAL REFERENCES

Soil removal — See Ch. 101.

§ 53-1
Purpose; road cuts. 

§ 53-2
Permit required. 

§ 53-3
Application forms. 

§ 53-4
(Reserved) 

§ 53-5
Fee for permit surety bond. 

§ 53-6
Blanket surety bond; renewal. 

§ 53-7
Barricading of excavations. 

§ 53-8
Agreement to save Town harmless required. 

§ 53-9
Agreement to reimburse Town for damages. 

§ 53-10
Penalties for offenses. 

[Amended 5-4-1988 by L.L. No. 1-1988]

It is the purpose and general intent of this chapter to restrict and minimize surface damage to Town property and surface road cuts to Town highways and to assure restoration of said properties to their original condition. No permits for work which results in road cuts shall be issued unless it is determined by the Town Engineer that the proposed work could not be accomplished by overhead or underground construction or that it would be more likely for Town property to be damaged by overhead or underground construction than by a surface road cut.

[Amended 12-31-1990 by L.L. No. 12-1990]

No person, firm, association or corporation shall commence any work, construction or enter upon any Town property or any portion of the right-of-way of a Town highway for the purpose of making an excavation or installation of any private or public improvement or for any other similar purpose without first having secured a public improvement permit therefor from the Town Board, Town of Boston, as herein specified; provided, however, that no permit shall be required for any work or construction for emergency repairs to any facility necessary to restore services or to rectify a public emergency, and provided further that damage to any Town property shall be restored in accordance with the provisions of this chapter.

[Amended 12-31-1990 by L.L. No. 12-1990]

The application for a public improvement permit shall be made or the forms supplied therefor by the Town of Boston and shall be subject to the requirements of the Public Improvement Law.

Editor's Note: See Ch. 88, Public Improvements.

Editor's Note: Former § 53-4, Application requirements, was repealed 12-31-1990 by L.L. No. 12-1990.
[Amended 12-31-1990 by L.L. No. 12-1990; 10-4-2000 by L.L. No. 2-2000]

The fee for the issuance of such permit shall be as set forth in the Schedule of Fees, as adopted by the Town Board of the Town of Boston. In addition to such fee, the applicant shall execute and file with his application an agreement to pay inspection fees as set by the Town Board and notwithstanding any other provision of law and shall file a surety bond in the sum of $5,000, conditioned that the applicant will restore the property to the same condition as it was before the excavation or construction was made and in accordance with Town specifications within 60 days after the permit is issued, in addition to which the applicant shall provide a maintenance security bond as provided by the Public Improvement Law.

Editor's Note: See Ch. 88, Public Improvements.

Any person, firm or corporation may file a surety bond in the sum of $20,000, conditioned that the applicant will restore the property as required herein within 60 days after the permit is issued, in which event no further bond shall be required for additional permits. Said bond must be renewed by the first of January of each year.

In addition thereto, the applicant must agree to properly barricade the excavation so as to prevent any person from suffering injury to person or property by reason of such excavation.

The applicant must further agree in writing to protect the Town of Boston from any claim of damage being made to person or property by reason of such excavation or construction and to save the Town harmless from any such claim or demand.

The applicant must agree that if the Town of Boston is sued[??81] to pay any claim for damage caused by such excavation, the Town shall be promptly reimbursed by him for the amount thereof, whether such amount is reached by way of a compromise of the claim or demand or by a judgment of a court of competent jurisdiction.

[Amended 10-5-1988 by L.L. No. 3-1988]

Any person, firm or corporation, whether he be owner, contractor, subcontractor or employee of the owner, contractor or subcontractor, violating the provisions of this chapter shall be subject to a fine not to exceed $250 for each violation or each day's violation or to imprisonment for a term not exceeding 15 days, or both.