[Adopted as Ch. 72 of the 1979 Code (Ch.
113, Art. I, of the 1990 Code)]
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 Bethel for any purpose whatsoever, except as herein provided in §§ 294-8 through 294-10 of this article until a written permit therefor has been duly issued as herein provided, in accordance with the procedures set forth in § 294-4 hereof and in compliance with §§ 294-5 and 294-6 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 12 applications or
more 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 Bethel, 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. 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.
Public utility companies installing underground services
within the bounds of any street, highway, sidewalk area, right-of-way
or public place within the Town of Bethel shall, in addition to the
notice provisions of Article 36 of the General Business Law of the
State of New York, file a map showing the location of such installations
with the Superintendent of Highways.
D.
Any city, village, Town public improvement district
or other municipality may, in lieu of making the cash deposit hereinafter
mentioned, file with the Superintendent of Highways a certified copy
of a resolution duly adopted by the governing board of such municipality
or district, which said resolution shall guarantee faithful performance
by said municipality or 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, Sundays or
holidays not included, proper application for a permit is made therefor.
In any residence district, no operation authorized
under this article shall be permitted on Sundays or legal holidays
nor before 8:00 a.m. or after 5:00 p.m. on other days. In any business
or industrial district, 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 or be accompanied by the
following information:
(1)
The full name and address of the applicant.
(2)
The full name and address of the 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 as to the proposed operation, indicating
the size 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 reasonable
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, laws or ordinances of
the Town of Bethel and the rules and regulations of the Highway Department
of the Town of Bethel.
B.
Upon receipt of the application as provided for 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 Bethel. 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 as may be authorized by said Superintendent of Highways.
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 or money
order payable to the order of the Town of Bethel:
A.
A fee to cover the cost of issuing the permit and
the supervision and the inspection of the operation done in connection
therewith, as set forth in the most current fee schedule of the Town.
[Amended 8-18-1990 by L.L. No. 2-1990]
B.
A deposit in an amount to be determined by the Superintendent
of Highways, computed at the rate of $20 per square yard of said surface
to be disturbed. If and when machinery is to be 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
of $20 per square yard of the area affected.
(1)
Said deposit shall be retained by the Town for the
duration of the period of maintenance. 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 of termination of said six months period shall fall within
the month 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 keep
every portion of the same in good order and repair during the entire
period of maintenance.
(2)
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 $100,000 for any
one person and not less than $300,000 for any one accident and of
property damage insurance in an amount of not less than $50,000 aggregate
and satisfactory evidence that said insurance has been approved as
to form, correctness and adequacy by the Town Attorney 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 Bethel of any modification
or cancellation of any use 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 Bethel to make a 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. 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 in prior to the commencement of the work on said operation.
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.
(6)
Comply with any and all other safety precautions as
the Superintendent of Highways may direct.
No driveway entrance or exit and no alteration, change, relocation or reconstruction of an existing driveway entrance or exit, subsequently herein referred to as an "operation," shall be constructed by owners and occupants of property abutting on Town highways, for any purpose whatsoever, until a written permit therefor has been duly issued as herein provided and in accordance with the procedures set forth in §§ 294-9 and 294-10 hereof.
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)
The full name and address of the applicant.
(2)
The full name and address of the owner or owners of
the property in front of which the operation is to be performed.
(3)
The full name and address of the owner or owners of
the property for whom the operation is to be performed.
(4)
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.
(5)
A statement as to the proposed operation, indicating
the size and purpose thereof.
(6)
The date or dates when the proposed operation is to
be commenced and the date or dates when the operation is to be completed.
(7)
A sketch of the proposed operation, including a profile
from the crown of the road to the property line.
(8)
The location, if any, of any tiles or drainage system,
water mains or other public utility conduits, etc., which may be within
the area of the proposed operation.
(9)
The proposed location of the entry of said driveway
onto the Town highway.
(10)
Any additional information which may be reasonably
required by the Superintendent of Highways.
(11)
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 laws and ordinances
of the Town of Bethel and the rules and regulations of the Highway
Department of the Town of Bethel.
B.
Upon receipt of the application, as provided for 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 Bethel. 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 as may be authorized by said Superintendent of Highways.
C.
Said permit, when issued, shall contain the following
conditions to be complied with by the permittee:
(1)
The proposed driveway at the point of entrance on
the Town highway shall have the optimum of sight distances, both vertical
and horizontal.
(2)
The grade, width and drainage of said proposed driveway
shall minimize any possible damage or injury to the Town highway and
shall be such as to provide the maximum safety for all traffic on
the Town highway in the area of the entrance of said proposed driveway
on said Town highway.
(3)
Any additional requirements which may be imposed by
the Superintendent of Highways for the preservation of the Town highway
at the point of entrance of the proposed driveway onto the Town highway
and for minimizing hazards and dangers to the traffic on said public
highway.
D.
Upon notification by the permittee of the completion
of the proposed driveway, the Superintendent of Highways shall inspect
said driveway to determine that its completion is in accordance with
the permit. When the Superintendent of Highways is satisfied that
the conditions of such permit have been met, he shall issue a certificate
of compliance. There shall be no use of such driveway for any purpose
other than the construction of the same until such certificate of
compliance has been issued. No certificate of occupancy shall be issued
by the Code Enforcement Officer of the Town of Bethel if a permit
for driveway construction has been issued until such certificate of
compliance has also been issued.
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 or money
order payable to the order of the Town of Bethel:
A.
A fee to cover the cost of issuing the permit and
the supervision and inspection of the work done in connection with
said operation, as set forth in the most current fee schedule of the
Town.
[Amended 8-18-1990 by L.L. No. 2-1990]
B.
A deposit, in an amount to be determined by the Superintendent
of Highways, computed at the rate of $20 per square yard of the surface
of any street, highway, sidewalk, sidewalk area or public place, including
drainage ditches, gutters, culverts, pipes, curbs or curbing, which
may be disturbed, injured or damaged in connection with an operation
hereunder. If and when machinery is used in connection with an operation
and there is a 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 of $20 per square
yard of the area affected.
(1)
Said deposit shall be retained by the Town until a certificate of compliance shall have been issued by the Superintendent of Highways as hereinbefore provided in § 294-9D.
(2)
Upon the failure or default by the permittee of or
in any of the terms, agreements, covenants (including the use of a
proper culvert) and conditions of the permit on the permittee's part
to be done, performed or 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.
The deposit of any dirt, filth, waste, snow
or rubbish in any street, highway, sidewalk, sidewalk area or public
place, or the encumbering thereof by any encroachment of building,
structure, excavation or otherwise or any act which in any manner
damages or injures a Town highway or interferes or obstructs in any
manner the drainage and other uses of the highway for municipal purposes
and for use by the public and traffic thereon is hereby prohibited.
A.
Notwithstanding any other provisions of this article,
any person who violates or causes or participates in any offense against
the provisions 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 $250 or by imprisonment for
not more than 15 days, or by both such fine and imprisonment.
B.
Whenever any person shall have been notified in writing by the Superintendent of Highways that he is committing an offense against the provisions of this article, or of any permit or extension thereof issued hereunder or is served with a summons or warrant accusing him thereof, each day that he shall continue such offense after such notification or service shall constitute a separate violation, punishable by a like fine or penalty, as provided in Subsection A above.
C.
Notwithstanding the penalties herein provided, the
Town Board may maintain an action or proceeding in the name of the
Town in a court of competent jurisdiction to compel compliance with
or to restrain by injunction the violation of any provisions of this
article.
D.
The foregoing provisions for the enforcement of the
regulations in this article are not exclusive but are in addition
to any and all other laws applicable thereto.
