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.
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.
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.
E. An application fee as set by resolution of the Town Board
from time to time.
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.
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.
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.