Town of Highlands, NY
Orange County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Highlands 8-10-1966. Amendments noted where applicable.]
GENERAL REFERENCES
Blasting — See Ch. 77.
Erosion control — See Ch. 101.

§ 105-1 Excavation restricted.

No excavation or digging or alteration in the surfacing thereof in the public streets within the corporate limits of the Town of Highlands, may be done or made without permission therefor having first been granted by the Superintendent of Highways of the Town of Highlands as provided for in this chapter.

§ 105-2 License required.

Application for such digging or excavation permit shall be made in writing to the Town Clerk and must contain and be accompanied with the following:
A. 
A statement as to the purpose for which the digging or excavation is to be done.
B. 
A statement as to the approximate day on which the work is to be commenced and the approximate day on which the work is to be completed.
C. 
Written evidence of public liability insurance protecting the town against liability for all negligence, including death claims arising out of or caused by such work in the amount of at least $300,000 and written by a company authorized and approved to write such insurance by or in the State of New York.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
D. 
A cash deposit, in an amount to be fixed by the Town Board upon recommendation of a licensed engineer, to be held by the town to insure the performance of the excavation or digging in accordance with the terms of this chapter. Said deposit shall be held by the town without interest for its benefit and the benefit of the applicant until such time as the Superintendent of Highways shall certify that the excavation or digging has been completed in a proper and workmanlike manner and in accordance with the provisions of this chapter. In no event shall said cash deposit be returned earlier than six months from the date upon which the excavation or digging is commenced and in the event such excavation or digging and repair of said town road as hereinafter provided has not been completed within six months thereof, the Town Superintendent of Highways may, at his option, cause such excavation or digging or repair thereof to be completed using all or part of said deposit for such purpose without any liability whatsoever resulting to the town or its Superintendent of Highways by reason of the allocation of all or part of such deposit.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
E. 
An application fee as set by resolution of the Town Board from time to time.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 105-3 General regulations and restrictions.

A. 
No excavation, digging or repair shall be done or made on Saturday or Sunday.
B. 
All excavation, digging and repairs shall be done in a workmanlike manner.
C. 
To ensure safety, the Superintendent of Highways may direct the use of barricades surrounding the area excavated or dug as he deems necessary for the proper protection of the public.
D. 
During the course of excavations digging or repair and from sunset to sunrise of every day, torches shall be placed and lit around the area excavated or dug with at least one torch every 10 feet.
E. 
In the repair of trenches, excavated or dug, no stone over one inch in diameter shall be placed in such trenches and there after such trenches shall be thoroughly tamped and at least two inches of blacktop shall be applied on the top of the trench in such a manner to ensure smooth alignment with the adjoining pavement of the town road.
F. 
At all times during the course of excavation, digging and repair, the applicant must provide for a safe and adequate passageway over said road for vehicles and pedestrians.

§ 105-4 Exempt parties.

Municipalities, their agents or employees or any private utility company owning or maintaining utility lines in the beds of the streets of the town are expressly exempt from the provisions of this chapter.

§ 105-5 Conflicting provisions.

Provisions of this chapter shall be deemed to amend and supersede any provision contained in any law or ordinance of this town heretofore enacted which provision is by its terms is in conflict with or contradictory to the provisions of this chapter, it being understood that this chapter specifically amends an ordinance effecting the digging of town roads adopted by the Town Board of the Town of Highlands on December 19, 1946.

§ 105-6 Penalties for offenses. [1]

Any person or corporation violating the provisions of this chapter shall be liable to a penalty not to exceed $250 or imprisonment not to exceed 15 days, or both, for each offense.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).