[Adopted 8-13-2012 by L.L. No. 8-2012]
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. IV)]
A permit shall be required for any and all road cut work to be conducted. A road cut permit shall be available upon application at the Town of Fallsburg Highway Department or the Town of Fallsburg Water/Sewer Department. The permit application fee/road cut bond shall be as set by resolution of the Town Board. A portion of the fee shall be nonrefundable; the remaining portion shall be refundable if the Town Engineer has approved the restoration of the roadway.
The Town of Fallsburg reserves the right to hold the refundable portion for a period of two years from the date of restoration. The purpose of holding the road cut bond for this length of time is to allow evaluation of settlement or pothole conditions within the restored portion of roadway. The vast majority of the time, it takes about one year for any flaws to appear and two years for the road to completely reveal any imperfections in the restored area.
After the road work area has been restored, the contractor will be responsible for periodically inspecting the cut site and assuring the area is properly maintained. This should especially be done after heavy rainfall, ice treatment and snow removal. If the Town discovers problems in the restored area, the Town will notify the contractor and the contractor must repair the section within a reasonable period of time. If the repairs are not completed, the Town will proceed to make any necessary repairs and deduct the cost from the refundable portion of the original bond based on $20 per square foot.
At the completion of the two-year period, it is the contractor's responsibility to request the bond refund from the Town. Upon final inspection and approval of the road cut area by the Highway Superintendent and Town Engineer, a claim voucher will be filled out through the Town Engineer's Office, signed by the Highway Superintendent and submitted to the Accounting Department for payment. The refund will represent either the full amount of $1,900 or the balance remaining after deducting any costs the Town incurred to affect necessary repair(s). Supporting Town repair documents will be copied and filed in the Town Engineer's Office.