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.
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.
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.
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.