Town of Schodack, NY
Rensselaer County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Schodack 5-14-1992 by L.L. No. 1-1992. Amendments noted where applicable.]
It shall be unlawful for any person, firm or corporation to make any opening or excavation in or to tunnel under any street, highway or public place in the town without having obtained a permit as required herein or without complying with the provisions of this chapter or in violation of or at a variance with the terms of any such permit.
A. 
Application for such permits shall be made to the Town Clerk or to such other officer as the Town Board may, by resolution, designate and shall describe the location of the intended excavation or work, the size thereof, the purpose thereof and the person, firm or corporation for whom the work is being done and shall contain an agreement that the applicant will comply with all ordinances and laws relating thereto.
B. 
The fee for such permit shall be $150. Such fee may be increased by resolution of the Town Board.
[Amended 5-10-2001]
C. 
Each and every applicant shall agree to defend, indemnify and save harmless the town from any and all claims arising from or as the result of the intended work.
No permit shall be issued until the applicant shall first have placed on file with the Town Clerk satisfactory evidence of public liability insurance in the amount of not less than $1,000,000 for any one person and not less than $3,000,000 for any one accident and property damage insurance in the amount of not less than $500,000 for any one accident. Said insurance shall by its terms afford protection to the town against any such liability arising in connection with the intended work. The Town Board may, by resolution, hereafter increase the amount of insurance required pursuant to this section.
A. 
No permit shall be issued until the applicant shall have deposited with the Town Clerk or such other officer of the town as the Town Board, by resolution, may designate a bond as provided herein or a deposit in the sum of $15,000, of which $150 shall be for inspection and administrative costs of the town, which is not refundable. The Town Board may, by resolution, hereafter increase the deposit required by this section, as well as the amount of the inspection fee and administrative costs.
[Amended 5-10-2001]
B. 
The deposit shall be in cash or by certified check or bank draft made payable to the town.
C. 
Said deposit is intended to insure the proper restoration of the street's surface, and from this deposit shall be deducted the expenses of the town, if any, or relaying the surface of the ground or pavement and of refill. If this is done by the town or at its expense, the balance shall be returned to the applicant, without interest, after the excavation or opening is completely refilled and the surface or pavement is restored.
D. 
The deposit may be held by the town for as long as 90 days after the applicant has notified the town of the completion of the work. Where the work, pursuant to this article, has been performed by the town, then the town may hold the deposit for 90 days after the last day of work.
A. 
Any person, firm or corporation may, in lieu of the deposit required hereunder, file and keep on file with the town a bond in the minimum amount of $15,000 given as security for the faithful performance of the terms of any permit issued or to be issued.
[Amended 5-10-2001]
B. 
Should the cost of work in the street opening to be performed exceed the security provided herein, then the Town Clerk or other designated officer may require an increase in said bond amount.
C. 
In any event, the nonrefundable charge of $150 shall be paid upon issuance of each permit.
[Amended 5-10-2001]
Upon a showing of a hardship by the applicant, the Town Board may, upon the recommendation of the Town Highway Superintendent, grant a waiver of the terms of this chapter.