[Adopted 11-9-1995 by L.L. No. 2-1995]
A. 
No cut or break shall be made in the pavement or street surface and no trench or excavation shall be dug for any purpose whatsoever in any street owned by the Town of Gardiner, Ulster County, New York, without first obtaining from the Superintendent of Highways of such Town a written permit for the making of such cut, trench or excavation, which permit shall specify the purpose for which the permit is asked and the name of the corporation or person making application therefor. Such permit shall be valid for a period of not more than 15 days after the date of issuance of the same, after which said permit shall lapse and become null and void. If the work for which such permit is issued has not been completed within said period of 15 days, the corporation or person doing such work may apply for a renewal, subject to the same limitations and conditions contained in the issuance of the original permit.
B. 
Before any permit will be issued for any excavation in the public highway, the person seeking the permit shall post a cash bond in an amount to be determined by the Superintendent of Highways. This bond shall be retained by the Superintendent of Highways for a period of one year. In the event the cut in road settles within one year, the cash bond shall be used to repair the road.
The applicant shall give the Superintendent of Highways of said Town at least two working days' notice of the time such work is to be commenced unless said notice is waived by said Superintendent. All trenches or cuts must be properly protected by necessary guards, sheathing and braces and must also be protected by lights at night; and the person or persons granted such permit shall be responsible for all claims for damages resulting from any cause connected with the making of such cut, trench or excavation.
A. 
Excavations in public highways shall be scored or cut with straight edges. All undermining must be recut and treated as set forth below. Proper protection of all existing structures must be maintained.
B. 
Excavations must be backfilled with Item 4. If any other material is used, the permit holder must first receive permission, in writing, from the Superintendent of Highways to use substitute materials.
C. 
All manholes, valve boxes, etc., must be set at road level. When refilling the hole, every 12 inches shall be compacted with a suitable compactor or compressor. In the event that the excavation settles within one year from the date of construction, the builder of the road or the person who engaged his services shall pay to the Town Superintendent of Highways the cost to the Town of bringing the excavation up to grade and in compliance with the specifications set forth herein.
The person, firm or corporation making the cut in the public highway shall carry liability insurance in the sum not less than $1,000,000 for each person injured and $3,000,000 for each accident. The Town of Gardiner shall be named as an additional insured on the policy or certificate of insurance. No permit shall be issued without such a certificate. Such certificate is to be filed with the Superintendent of Highways and Town Clerk. The certificate shall also oblige the insurance company writing such insurance to notify the Town Clerk of the Town of Gardiner by registered mail 10 days prior to the date that the policy of insurance will for any reason be canceled.
[Amended 8-12-2003 by L.L. No. 3-2003]
The application for a permit to make excavations in a public highway shall be made on forms furnished by the Superintendent of Highways and shall be submitted in duplicate, along with a check in an amount as set forth in the Town's Standard Schedule of Fees made payable to the Town of Gardiner.
Immediate notice of the completion of work for which the permit is given shall be given to the Superintendent of Highways of said Town.
A. 
The permittee shall erect and maintain suitable barricades and fences while the work is in progress and shall arrange the work so as to keep to a minimum, inconvenience and delay to vehicular and pedestrian traffic.
B. 
Warning signs and suitable red lights shall be placed around any excavation 50 feet in front, facing the direction of travel. When directed by the Town Superintendent or other designated officer, the permittee must provide competent persons to direct and expedite traffic.
C. 
It shall be a violation for any person to completely close any street to traffic except with the prior approval of the Town Superintendent of Highways and subject to such conditions as he may impose.
No person shall hereafter construct an entrance or driveway from private property onto any Town highway without first applying to the Town Clerk or other official designated by the Town for a permit. A copy of the permit application shall be immediately forwarded to the Town Superintendent of Highways who shall inspect the site and shall specify the requirements of the Town to protect drainage and the road shoulder, and the work may then proceed in accordance with the specifications and directions of the Town Superintendent of Highways, which he shall endorse upon the permit application, which then shall constitute the permit. No fee shall be required.
[Amended 8-12-2003 by L.L. No. 3-2003]
Any person violating this article shall be deemed guilty of a violation and shall be punishable by a fine of not more than $250 or imprisonment for not more than 15 days, or both.