[HISTORY: Adopted by the Town Board of the Town of Collins
as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-15-1987 by L.L. No. 1-1987 (Ch. 44, Art. I, of
the 1987 Code)]
This article shall be known and may be cited as the "Town Highways
and Public Places Law of the Town of Collins, New York."
A.
Superintendent of Highways to issue consent. No person shall open
or cause to be opened by cutting or digging the surface, pavement
or soil in any highway or public place under the jurisdiction of the
Town without first obtaining the written consent of the Superintendent
of Highways and paying the prescribed fees therefor, or without complying
with the provisions and conditions relating thereto as hereinafter
provided.
B.
Fees established by Town Board. The Town Board shall by resolution
establish a uniform set of fees, for the written consent, which shall
be based upon the estimated actual costs and expenses to be borne
by the Town in restoring the highway or other public property to its
former usefulness. The Town Board may from time to time change said
fees to reflect changes in costs and expenses.
Any person making or causing to be made any such excavation in the highways or public places of the Town shall properly guard or barricade such excavation at all times, and install and maintain adequate and sufficient warning devices to warn the public, and shall restore the highway or public property to its former usefulness according to § 260-4 of this article.
All excavated materials shall be removed following which all
openings shall be carefully backfilled for their entire length, width
and depth in the highway area, including the area between the curb
and the property line, with bank run gravel or crushed stone, well
tamped. Additional bank run gravel or crushed stone shall be added
by the permittee as long as any settlement occurs following which
the pavement, curbing or other improvements shall be restored by the
Town, as required.
A.
Bond in lieu of paying fees. Public service corporations may, in lieu of paying the fees established pursuant to § 260-2 of this article, file with the Town Clerk a bond to be approved as to form, amount and sufficiency of sureties by the Town Attorney, conditioned upon the proper restoration of highways and public places, in accordance with the directions of the Superintendent of Highways and to his or her satisfaction; the payment to the Town, upon demand, of any costs and expenses incurred by said Town; and the saving of the Town of Collins, its officers and employees, harmless from any loss, injury or damage due to opening highways or public places, or to any negligence or fault of such corporations, their employees or agents, in connection therewith.
B.
Separate permits not required; amount of bond. All persons engaged
within the Town of Collins in the telephone, gas or electric business,
or any other business, the nature of which would require or result
in frequent applications for permits to make obstructions or excavations
in the highways or public places of the Town shall not, however, be
required to obtain separate permits but, in all such cases, a general
bond shall be given in lieu of any permit indemnifying the Town of
Collins from any and all loss, cost or damage as aforesaid resulting
or arising directly or indirectly at any time from any act done by
said public service corporation. Said bond shall be in the amount
as determined by the Town Board and shall be renewed annually or as
long as such person continued to do business within the Town of Collins.
C.
Notification required.
(1)
Notwithstanding the foregoing, public service corporations shall
advise the Superintendent of Highways, in writing, as soon as feasible
but no later than 30 days prior to making any obstructions or excavations
of its intention to do so, except in case of emergency in which event
notification shall be made as soon as possible prior to or after the
emergency and need not be in writing.
(2)
The Superintendent of Highways shall have the power and authority
to direct any public service corporation to coordinate its work with
the Town, its independent contractors, or other persons authorized
to make excavations or work in highways or public places.
D.
Backfilling requirements. Excavations made by a public service corporation must be backfilled by it with bank run gravel or crushed stone, in accordance with the provisions of § 260-4 of this article, except that the pavement, curbing, and other improvements must be restored by and at the expense of said corporation.
A.
Applications. Applications for making an excavation in or upon any
public highway or other public place within the Town of Collins will
be accepted only if they are made by:
(1)
A public service corporation having on file with the Town Clerk a bond as required in § 260-5 of this article.
(2)
Any other person whose application shall be accompanied by a bond
in the amount as determined by the Town Board approved as to form
and sufficiency of sureties by the Town Attorney, to be given by the
person by or in whose behalf such consent or permission is requested,
indemnifying the Town of Collins against all loss, cost, damage or
expense sustained or recovered on account of any negligence, omission
or act of the applicant.
B.
Certificate of insurance in lieu of bond. The Town Board may, in
its discretion, accept a certificate of insurance in an amount determined
by it revocable only on 30 days' notice in lieu of the aforesaid bonds.
All work done pursuant to this article shall be done and performed
subject to the supervision and approval of the Superintendent of Highways.
[Adopted 6-15-1987 by L.L. No. 1-1987 (Ch. 44, Art. II, of
the 1987 Code)]
A.
Before a building permit shall be issued pursuant to Chapter 144, Construction Codes, Uniform, of the Code of the Town of Collins, the applicant shall procure a driveway permit from the Town Superintendent of Highways if the premises are adjacent to a Town highway.
B.
If necessary, the applicant shall purchase the drainage pipe satisfactory
to the Town Superintendent of Highways, and the Town Highway Department
shall be responsible for the installation thereof.
