[HISTORY: Adopted by the Town Board of the Town of Forestburgh 5-11-1978 by L.L. No. 2-1978 as Ch. 43 of the 1978 Code. Amendments noted where applicable.]
A.
Word usage. As used in this chapter and when not inconsistent
with the context, words in the present tense include the future, words in
the plural include the singular, words in the singular include the plural
and the masculine shall include the feminine and the neuter. The word "shall"
is always mandatory and not merely directory.
B.
APPLICANT
EMERGENCY
PERMITTEE
PERSON
STREET
SUPERINTENDENT
TOWN
Definitions. As used in this chapter, the following terms
shall have the meanings indicated:
Any person who makes application for a permit.
Any unforeseen circumstance or occurrence, the existence of which
constitutes a clear and immediate danger to persons or property.
Any person who has been issued a permit and has agreed to fulfill
all the terms of this chapter.
Any natural person, partnership, firm, association utility or corporation.
Whenever used in any section prescribing and imposing a penalty, the term
"person" as applied to associations shall mean the partners or members thereof,
and as applied to corporations, the officers thereof.
A public street, public easement, public right-of-way, public highway,
public alley, public way, public road or public sidewalk accepted or maintained
by the Town.
The person in charge of the Department of Highways or the highway
operations in the Town or his authorized deputy, representative or inspector.
The Town of Forestburgh.
It shall be unlawful for any person to make any tunnel, opening or excavation
of any kind in or under the surface of any street without first securing a
permit from the Town for each separate undertaking; provided, however, that
any person maintaining pipes, lines or other underground facilities in or
under the surface of any street may proceed with an opening without a permit
when emergency circumstances demand that the work be done immediately, provided
that the permit could not reasonably and practically have been obtained beforehand.
Such person shall thereafter apply for a permit on the first regular business
day on which the office of the Town Clerk is open for business, and said permit
shall be retroactive to the date when the work was begun.
No person to whom a permit has been granted shall perform any of the
work authorized by such permit in any amount or quantity greater than that
specified in the permit, except that upon the prior approval of the Highway
Superintendent, additional work may be done under the provisions of the permit
in any amount not greater than 10% of the amount specified in the permit.
Any deposit and bond posted in connection with the original permit shall be
deemed to cover any such additional work as may be approved pursuant to this
section within the limit mentioned herein.
Work for which a permit has been issued shall commence within 14 days
after the issuance of the permit therefor. If not so commenced, the permit
shall be automatically terminated. Permits thus terminated may be renewed
upon the payment of an additional permit fee as originally required.
Permits are not transferable from one person to another, and the opening
shall not be made in any place other than the locations specifically designated
in the permit.
Every permit shall expire at the end of the period of time which shall
be set out in the permit. If the permittee shall be unable to complete the
work within the specified time, he shall, prior to the expiration of the permit,
present in writing to the Town Clerk a request for an extension of time, setting
forth therein the reasons for the requested extension. If, in the opinion
of the Highway Superintendent, such an extension is necessary and not contrary
to the public interest, the permittee may be granted additional time for the
completion of the work.
The provisions of this chapter shall not be applicable in those instances
where the highway is maintained by the State of New York or by the County
of Sullivan.
Every permit granted shall be subject to the right of the Town and of
any other person entitled thereto to use the street for any purpose for which
such street may lawfully be used, not inconsistent with the permit.
A.
Any permit may be removed by the Town Clerk after notice
to the permittee for:
(1)
Violation of any condition of the permit or of any provision
of this chapter.
(2)
Violation of any provision of any other applicable ordinance
or law relating to the work.
(3)
Existence of any condition or the doing of any act constituting
or creating a nuisance or endangering the lives or property of others.
B.
Written notice of any such violation or condition shall
be served upon the permittee or his agent engaged in the work. The notice
shall contain a brief statement of the grounds relied upon for revoking the
permit, and a permittee may be granted a period of three days from the date
of the notice to correct the violation and to proceed with the diligent prosecution
of the work authorized by the permit before said permit is revoked. Notice
may be given either by personal delivery thereof to the person to be notified
or by certified or registered United States mail addressed to the person to
be notified.
C.
When any permit has been revoked and the work authorized
by the permit has not been completed, the Highway Superintendent shall do
such work as may be necessary to restore the street or part thereof to as
good condition as before the opening was made. All expenses incurred by the
Town shall be recovered from the deposit or bond the permittee has made with
the Town.
It shall be the duty and responsibility of any applicant to:
A.
Make a written application for such permit to the Town
Clerk on forms providing all information necessary for the administration
and enforcement of this chapter. No work shall commence until the Highway
Superintendent has approved the application and plan and the Town Clerk has
issued a permit, nor until the permittee has paid and provided all fees, deposits
and certificates required by this chapter.
B.
Furnish in duplicate a plan showing the work to be performed
under said permit. If approved by the Highway Superintendent, one copy of
such plan shall be returned to the applicant at the time the permit is granted.
It shall be the duty and responsibility of any person receiving a permit
to:
A.
Pay a permit fee, established by resolution of the Town
Board, per lineal foot of street opening measured along the length of the
street opening; provided, however, that public utilities or authorities shall
be billed quarterly for such fees as they shall accrue.
B.
Make a deposit to cover the cost of restoring the street
damaged by such work. The amount of deposit or bond shall be established by
the Town Board from time to time by resolution.
D.
Submit, when required by the Town Clerk, a list of owners
and tenants of all properties abutting the area where the work authorized
by the permit is to be performed.
E.
Present evidence that all materials, labor and equipment
needed to complete such work as authorized by the permit are available.
F.
Keep the original copy of the permit and an approved
copy of the plat at all times while such work is in progress at the location
for which said permit was granted and show such permit and plan upon demand
by the Town authorities.
A.
No opening or excavation in any street shall extend beyond
the center line of the street before being backfilled and the surface of the
street temporarily restored.
B.
No more than 250 feet, measured longitudinally, shall
be opened in any street at any one time without special permission in writing
from the Town Board, and only in instances where a special hardship can be
shown.
C.
All utility facilities shall be exposed sufficiently
ahead of trench excavation work to avoid damage to those facilities and to
permit their relocation, if necessary.
D.
Pipe drains, pipe culverts or other facilities encountered
shall be protected by the permittee.
E.
In the event the permittee damages the property or facilities
of another, the permittee shall repair this damage within 12 hours in the
case of a utility and within 48 hours in the case of any other private party.
If the damage has not been repaired within these time limits, the party sustaining
the damage shall undertake to have the repairs made at his own expense and
report to the Town as soon as possible the amount of expense incurred. This
amount may be withheld from the permittee's deposit or bond by the Town Clerk
pending final determination and settlement of any liability for this damage.
Whenever damage occurs, the injured party shall notify proper Town authorities
within 24 hours so that steps can be taken to determine the extent and plans
can be made for its repair.
F.
When work performed by the permittee interfers with the
established drainage system of any street, provision shall be made by the
permittee to provide proper drainage to the satisfaction of the Highway Superintendent.
G.
Safety devices.
(1)
Every permittee shall place around the project such barriers,
barricades, lights, warning flags and danger signs as shall be determined
by the Highway Superintendent to be necessary for the protection of the public.
Additional safety requirements may be prescribed by the Highway Superintendent
and, where applicable, shall be in conformance with the requirements set forth
in the United States Department of Army Corps of Engineers publication. Safety
Requirements (1941 Edition, revised 1951). Copies of this publication shall
be made available in the office of the Town Clerk for inspection by the public.
(2)
Whenever any permittee fails to provide or maintain the
safety devices required by the Highway Superintendent, such devices may be
installed and maintained by the Town. The amount of the cost incurred shall
be paid by the permittee or deducted from his deposit or bond. Such costs
shall be determined by the Town.
(3)
No person shall willfully move, remove, injure, destroy
or extinguish any barrier, warning light, sign or notice erected, placed or
posted in accordance with the provisions of this chapter.
H.
Work authorized by a permit shall be performed between
the hours of 7:00 a.m. and 7:00 p.m., Monday through Saturday, unless the
permittee obtains written consent from the Highway Superintendent to do the
work at an earlier or later hour. Such permission shall be granted only in
case of an emergency.
I.
In no case shall any opening made by a permittee be considered
in the charge or care of the Town or any of its officers or employees, and
no officer or employee is authorized in any way to take or assume any jurisdiction
over any such opening, except in the exercise of the police power, when it
is necessary to protect life and property.
Only natural earthen or masonry material may be used as fill on construction
or excavation in the Town of Forestburgh. Any person, firm or corporation
may apply to the Town Supervisor in writing for the use of fill other than
natural earthen or masonry material. After the submission of such application,
the applicant shall exhibit to the Town Supervisor the type of fill desired
to be used and the Town Supervisor in his sole discretion may authorize in
writing the use of such other type of fill.
The deposit or bond shall be made at the time the permit is received,
and the deposit or bond shall be used to reimburse the Town for the cost of
any work and materials furnished by it in connection with the work authorized
by the permit and for any other purpose set forth in this chapter.
The deposit or bond may be either in the form of a certified treasurer's
or cashier's check or in lawful money of the United States.
If any deposit or bond is less than sufficient to pay all cost, the
permittee shall, upon demand, pay to the Town an amount equal to the deficiency.
If the permittee refuses or fails to pay such deficiency, the Town may institute
an action to recover the same in any court of competent jurisdiction. Until
such deficiency is paid in full, no additional permits shall be issued to
such permittee.
The amount of deposit or bond for street openings shall be as established
from time to time by resolution of the Town Board.
The deposit and bond requirement set forth in this chapter may be waived
by the Town Board if the work of excavation is being performed by the Town
itself.
Upon notification by the permittee that all work authorized by the permit
has been completed and after restoration of the opening and final inspection,
the Town Clerk shall refund to the permittee his deposit or release his bond
less all costs incurred by the Town in connection with said permit and any
other expenses required by this chapter for which final settlement has not
been made. In no event shall the permit fee be refunded once work has been
undertaken.
Each applicant, upon the receipt of a permit, shall provide the Town
with an acceptable certificate of insurance indicating that he is insured
against claims for damages for personal injury as well as against claims for
property damage which may arise from or out of the performance of the work.
Such insurance shall cover any and all possible hazards of whatsoever kind
or nature and shall include protection against liability arising from completed
operations. The amount of the insurance shall be prescribed by the Town Board
in accordance with the nature of the risk involved; provided, however, that
the liability insurance in effect shall be in an amount of $1,000,000 for
bodily injury, $250,000 for damages to private property and $250,000 for damages
to Town property. Public utilities and authorities may be relieved of the
obligation of submitting such a certificate if they are insured in accordance
with the requirements of this chapter.
