[HISTORY: Adopted by the Town Board of the Town of Highlands 8-10-1966.
Amendments noted where applicable.]
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.[1]
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]
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.
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.
