Unless acting under a contract with the town, it shall be unlawful
for any person, other than a duly authorized Town official or employee
in the course of his employment, to make or cause or permit to be
made any excavations or opening in or under the surface or pavement
of any street, road, sidewalk or other public place within the town
or to construct, reconstruct, repair, alter or grade any driveway
or street on the public streets without first obtaining and having
in force a permit so to do. Such permit shall be issued by the Highway
Superintendent's office.
Any person making or causing to be made any excavation or opening
in any street, road, sidewalk or other public place or within 25 feet
of the line of any street shall, between sunset and sunrise on every
night that the same remains open or danger exists therefrom, keep
such excavation or opening fenced and barricaded with substantial
barriers to assure public safety and adequate warning lights placed
so as to properly warn all persons of such excavation or opening and
all obstructions. No unauthorized person shall remove or interfere
in any way with any such lights, danger signals or any such barriers.
Pavement must be cut or sawed before digging so that there are no
jagged edges. If the person who made the excavation fails to provide
adequate protection, the town may perform such services and charge
same to such person.
No person shall be issued a permit for street openings until
he shall have furnished satisfactory proof to the Highway Superintendent
that he is qualified to perform the work under the provisions and
conditions of the permit and that he has deposited with the Highway
Superintendent a bond or liability insurance policy or a certificate
of issuance of said bond or liability insurance policy conditioned
on the strict compliance with the terms of the permit and indemnifying
the town and/or persons damaged against any loss or damage occasioned
by his performance under this permit. Such bond, policy or certificate
must clearly state that the insured has coverage for performing excavations
for the purpose of repairing water, sewer or gas piping in the Town
of Oneonta rights-of-way. Such bond or liability insurance policy
must be in the sum of at least $50,000/$100,000 liability and $50,000
property damage, shall not be cancelable except on not less than 10
days' written notice to the town and must be first approved by
the Town Attorney before filing with the application.
No change of grade shall be made on any town street or road.
It shall be the duty of any person who is making an opening
in the town streets or roads to first call the Underground Facilities
Protection Organization and the Town of Oneonta Highway Department.
No person shall construct a driveway approach without obtaining
a permit from the Highway Superintendent. All inspections shall be
done by the Highway Superintendent.
No permits will be issued from October 15 to April 1 unless
a specific need arises and special permission is granted.