[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.Â
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.Â
The fee for such permit shall be $150. Such fee may be
increased by resolution of the Town Board.
[Amended 5-10-2001]
C.Â
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.Â
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.Â
The deposit shall be in cash or by certified check or
bank draft made payable to the town.
C.Â
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.Â
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.Â
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.Â
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.Â
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.
