No opening or excavation by cutting, digging or otherwise, subsequently herein referred to as an operation, shall be made, commenced or carried on in or under any street, highway, sidewalk, sidewalk area or public place in the Town of Hyde Park for any purpose whatsoever, except as hereinafter provided in Article II of this chapter, until a written permit therefor has been duly issued as herein provided and in accordance with the procedures set forth in § 95-2 hereof and in compliance with §§ 95-3 and 95-4 hereof.
A. 
The provisions of this article shall be applicable to any and all operations being worked at the time this article shall become effective. No operation shall be extended in area after the effective date of this article without first securing a permit therefor in accordance with the provisions of this article.
B. 
Public utility companies making several applications per year may, in lieu of the deposit hereinafter 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 Hyde Park, 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 on the applicant's part to be done or performed, which said bond shall be in an 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.
C. 
The Hyde Park Fire and Water District may, in lieu of making the monetary deposit hereinafter mentioned, file with the Superintendent of Highways a certified copy of a resolution duly adopted by the governing board of such district, which said resolution shall guarantee faithful performance by said district of all the terms, agreements, covenants and conditions as set forth in the permit. Said resolution shall be effective for the remainder of the calendar year in which it is adopted.
If it becomes necessary in case of an emergency or any unforeseen happening to enter upon a Town road for the purpose of making emergency repairs to any sewer, water pipe, conduit or other underground or overhead structure, any person, firm, corporation, public utility or municipal subdivision may do so forthwith, provided that within 24 hours of the time of making such opening, not including Sundays or holidays, proper application for a permit is made therefor.
In any residential area, no operation authorized under this article shall be permitted on Sunday nor before 8:00 a.m. or after 5:00 p.m. on other days. In any business or industrial area, no operation authorized under this article shall be conducted on Sunday, except where otherwise permitted by law. The Superintendent of Highways, in his discretion, may vary or modify the application of this provision as occasion and/or necessity may demand.
A. 
Application for a permit under this article shall be made to the Superintendent of Highways in writing, in duplicate, for each such operation and shall contain the following information:
(1) 
Full name and address of applicant.
(2) 
Full name and address of owner or owners of property in front of which the operation is to be performed.
(3) 
The location by street address, if any, of the property in front of which the operation is to be performed and the Tax Map designation of the same.
(4) 
A statement of the proposed operation and size thereof and purpose thereof.
(5) 
The date or dates when the proposed operation is to be commenced, and the date or dates when the operation is to be completed.
(6) 
The type of pavement or surface to be disturbed.
(7) 
A sketch of the proposed operation.
(8) 
The estimated maximum quantity to be excavated and/or removed, and the estimated part thereof that will be used for regrading or filling.
(9) 
The rehabilitation proposed.
(10) 
The estimated cost of the entire proposed operation.
(11) 
The location, if any, of any tiles or drainage system or water mains or other public utility conduits, etc., which may be within the area of the proposed operation.
(12) 
Any additional information which may be reasonably required by the Superintendent of Highways.
(13) 
A signed statement by the applicant that said applicant agrees to perform the proposed operation for which the permit may be granted in full and strict compliance and in accordance with the conditions of the permit, if issued, and any and all provisions of the Town Law and other applicable statutes and ordinances of the Town of Hyde Park and the rules and regulations of the Highway Department of the Town of Hyde Park.
B. 
Upon receipt of the application, as herein provided in Subsection A hereof, the Superintendent of Highways shall act thereon by issuing or refusing to issue a permit. No permit shall be issued by him except where there is compliance with the provisions of this article and all other laws and ordinances and rules and regulations of the Highway Department of the Town of Hyde Park. Such a permit, when issued, shall be effective for such period of time, not to exceed 30 consecutive calendar days, to be specified thereon by the Superintendent of Highways. Such specified period of time may be extended for the completion of the operation, if so requested in writing by the permittee prior to the expiration date thereof, for such additional period or periods of time authorized by said Superintendent of Highways.
A. 
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, by check payable to the order of the Town of Hyde Park, the following:
[Amended 1-1-2007 by L.L. No. 2-2007]
(1) 
A fee set by resolution of the Town Board to cover the cost of issuing the permit and the supervision and the inspection of the operation done in connection therewith.
(2) 
A deposit in an amount to be determined by the Superintendent of Highways, computed at the rate set by resolution of the Town Board per square yard of said surface to be disturbed, and, if and when machinery is used in connection with an operation and there is the likelihood of damage or injury to areas other than the specific location of the operation, a deposit of an additional amount may be required, said additional amount to be determined by the Superintendent of Highways, computed at the rate set by resolution of the Town Board per square yard of the area affected.
B. 
Said deposit shall be retained by the Town for the duration of the period of maintenance as hereinafter defined: 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 months 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.
C. 
Upon the failure or default by the permittee of or in any of the terms, agreements, covenants and conditions of the permit on the permittee's part to be done, to be performed or to be completed, 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 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 shall be refunded to the permittee.
A. 
Amount. No permit for an operation under this article shall be issued by the Superintendent of Highways until the applicant therefor shall have first placed on file with said Superintendent of Highways, without cost to the Town, satisfactory evidence of public liability insurance in an amount of not less than $50,000 for any one person and not less than $100,000 for any one accident and of property damage insurance in an amount of not less than $25,000 aggregate and satisfactory evidence that said insurance has been approved as to form, correctness and adequacy by the Town Attorney of the Town to insure the Town against any loss, injury or damage arising out of the granting of the permit or from any negligence of said applicant, his servants, agents or employees in connection with said operation or with any and all work related thereto.
B. 
Duration. Such insurance hereinabove referred to shall remain in force throughout the effective period of the permit and/or any authorized extension or extensions thereof and shall carry an endorsement to the effect that the insurance company will give at least 10 days prior written notice to the Town of Hyde Park of any modification or cancellation of any such insurance and shall contain a clause to the effect that termination of said insurance shall be without prejudice to the right of the Town of Hyde Park to make claim or claims thereafter for any loss or damage sustained as a result of any act or acts committed or omitted during the term of said insurance.
A. 
Existing structures. No work shall be commenced in connection with an operation for which a permit has been granted under the provisions of this article until the permittee shall have given written notice of the issuance of such a permit, at least 24 hours prior to the commencement of such work, to the owner or lessee of any pipes, conduits or other structures lying upon, over or under the surface of the area wherein the operation is to be performed pursuant to the permit issued hereunder or to the person, firm or corporation having the custody, control, care or maintenance of said pipes, conduits or other structures, and said permittee shall file with the Superintendent of Highways proof of the service of said written notice herein referred to, and the permittee shall at all times during the performance of the work on said operation, at his own expense, preserve, support, maintain in operation and protect and safeguard from injury or damage such pipes, conduits or other structures and, in case of injury or damage, shall restore the same, at his own cost and expense, to the same condition as they were prior to the commencement of the work on said operation, and in the event of the failure of the permittee to comply with the provisions of this section, such injuries and damages may be corrected and repaired by the owner thereof, his agents or employees, and the cost thereof and all damages sustained shall be paid by the permittee.
B. 
Traffic. Unless otherwise authorized by the Superintendent of Highways, traffic shall be maintained at all times during the progress of the operation being performed under the permit, and the permittee shall have due regard for the safety of all traffic and the public and shall:
(1) 
Erect and maintain suitable barricades, fences and/or guardrails around the area of operation during the work on said operation and shall arrange the same in such manner as to cause a minimum of inconvenience, hazard and delay to any and all traffic.
(2) 
Suitably place, install and maintain adequate warning flags or signs and lighted red lamps or flares.
(3) 
Provide a watchman if deemed necessary by the Superintendent of Highways and, if so ordered by the Superintendent of Highways, in accordance with his directions and instructions.
(4) 
Designate and furnish competent persons to direct and expedite traffic by means of lights or flags, when necessary, to minimize inconvenience, hazard and delay to any and all traffic.
(5) 
Arrange and conduct the work in connection with said operation so as to make possible the removal completely of any obstructions to any and all traffic on Saturdays, Sundays and holidays if so required by the Superintendent of Highways.