[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:
Excavating, drilling, boring or the like.
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.
