[Adopted 9-23-1974 as Ch. 144 of the 1974 Municipal Code]
As used in this article, unless otherwise expressly stated or unless the context or subject matter otherwise requires, the following terms shall have the meanings indicated:
EXCAVATION
Excavating, drilling, boring or the like.
HIGHWAY
All or any part of any street, right-of-way, roadway or highway owned, controlled or maintained by the Town of Newburgh.
No person, firm or corporation or public service, water, light or power company, except duly authorized town officials or employees acting in their official capacities on town projects, shall excavate, drill or bore in any highway or sidewalk in the town for any purpose without first obtaining a permit from the Town Clerk as hereinafter provided.
[Amended 11-6-1995 by L.L. No. 7-1995]
A. 
Upon a written application filed with the Town Clerk stating the purpose, extent, location and nature of a proposed excavation or other disturbance of a highway in the town, the Town Clerk may grant or deny a permit therefor. Except where an excavation or disturbance shall be directly authorized by law, the Town Clerk shall require the applicant to deposit a sum of money which shall be deemed by the Highway Superintendent adequate to pay any and all expenses to which the town may be put to replace the streets, highways or sidewalks, pavement, curb or gutter in proper condition, or, in lieu thereof, the applicant shall file with the Town Clerk a surety bond or other form of security acceptable to the Town Board in an amount which the Highway Superintendent deems adequate to pay said expenses, upon the condition that the permittee replace the street, highways or sidewalk, pavement, curb or gutter in proper condition or pay all of the expenses to which the town may be put to replace the street, highways or sidewalk, pavement, curb or gutter or put the same in proper condition upon the satisfactory completion of the project.
B. 
Each applicant shall take out and maintain during the term of the permit and file with the Town Clerk a public liability insurance policy insuring the Town of Newburgh, its agents, servants and/or employees in an amount not less than $500,000 for injuries, including wrongful death, to any person and subject to the same limit for each person in an amount not less than $1,000,000 on account of each occurrence and a property damage insurance policy insuring the Town of Newburgh and all employees thereof in an amount not less than $250,000 on account of any occurrence and in an amount not less than $1,000,000 on account of all occurrences. Such insurance policies shall cover liability which may arise from operations under the permit, whether such operations shall be by the permittee or any individual employed either by the permittee or by the Town of Newburgh. Such insurance policies shall be issued in the name of the Town of Newburgh, its agents, servants and/or employees.
[Amended 6-19-1978 by L.L. No. 2-1978]
Except as otherwise provided by law or where permits as above are granted for work done at the direction of the town, each application for such permit shall be accompanied by a fee for such excavation as prescribed by Chapter 104, Fees, to be paid to the town. The fee and permit herein required shall be in addition to permits required for construction of any sidewalk, curb or driveway.
All excavations in streets or sidewalks shall be surrounded by suitable barriers or guards for the protection of persons using the street in the daytime and in addition thereto by lights or flares from twilight continuously until daylight.
A. 
All permits granted for town highway or sidewalk excavations for any purpose shall be conditioned upon the adequate protection, at the expense of the applicant, of the property of the town and of persons, corporations or municipalities engaged in the underground distribution or transportation of water, sewer, gas, gasoline, fuel, oil, electricity and similar products or services via lines or mains within the vicinity of the proposed excavation.
B. 
All excavations shall be backfilled properly upon completion, and the Water Department shall be notified 24 to 48 hours prior to the closing of the excavation. A written notice of the closing of the excavation shall be given to the Town Clerk. All backfilled excavations shall be maintained for one year after such notice of completion has been given.
[Amended 11-6-1995 by L.L. No. 7-1995]
C. 
Such excavation must be made and restored under the supervision of the Town Highway Superintendent and must be restored to his specifications. The Town Highway Superintendent shall require that property or improvement be restored as nearly as is practicable to its original condition before such excavation was made.
If the person who makes such an excavation fails to restore it within a reasonable time to the satisfaction of the Town Board, the Town shall perform the task at the expense of the permittee and may reimburse itself from the bond or cash deposit provided in lieu thereof. The balance, if any, of such deposit shall be refunded to the depositor.
A. 
The person to whom any permit is issued pursuant to this article shall be responsible for all damages caused to public utilities in the highway and shall, under the supervision of the Town Engineer, replace any cracked or damaged sewer pipe or water main with new pipe and repair or replace damaged ditches, pavement, curbs, sidewalks or other improvements so that they shall be in as good condition after the excavation as before the excavation. A reasonable charge for the services of the Town Engineer shall be paid by the permittee.
B. 
Utility poles must be located at least six feet from the road pavement.
[Added 11-6-1995 by L.L. No. 7-1995]
A. 
The permittee shall take appropriate measures to assure that during the performance of the excavation work traffic conditions as nearly normal as practicable shall be maintained at all times so as to cause as little inconvenience as possible to the occupants of the abutting property and to the general public, and at no time shall a highway ever be closed to all traffic except where otherwise impracticable and approved in advance by the Highway Superintendent. The permittee shall route and control traffic, including its own vehicles, as directed by the Department of Police.
B. 
The following steps shall be taken before any highway may be restricted to traffic:
(1) 
The permittee shall notify the Supervisor, Highway Superintendent and the Department of Police.
(2) 
The permittee shall notify the applicable Fire Department, Ambulance Corps and school district of any street so closed.
[Amended 11-6-1995 by L.L. No. 7-1995]
(3) 
Where flagmen are deemed necessary by the Highway Superintendent, they shall be furnished by the permittee at its own expense. Through traffic shall be maintained without the aid of detours, if possible.
[Amended 11-6-1995 by L.L. No. 7-1995]
Any person or persons, association or corporation committing an offense against this article or any section or provision thereof is guilty of a violation punishable by a fine not exceeding $250 or imprisonment for a period not exceeding 15 days for each such offense, or by both such fine and imprisonment. Each day such violation continues shall be deemed a separate offense.