[Adopted 11-13-1967 (Ch. 18, Art. II, of the Code of Ordinances); amended in its entirety 4-13-1998 by Ord. No. 5-98]
It shall be unlawful for any person to dig, excavate or in any manner make an opening or remove soil, dressing or pavement from or under any of the public streets, alleys or sidewalks of the City for any purpose without first obtaining a permit therefor from the City Code Compliance Supervisor or his designee.
All applications for the permit required by § 263-14 shall be made in writing to the Code Compliance Supervisor or his designee. Every application shall specify the exact location of the necessity for the work proposed to be done, together with the probable extent thereof, as nearly as it can be estimated. The application for a permit shall be accompanied by the fee provided for in Chapter 163, Fees, of this Code.
It shall be the duty of the Plumbing Inspector to closely monitor the opening, backfilling and repaving of each and every street opening for which a permit is issued and to insure that the work is done strictly according to City specifications. The application form for the permit shall contain a certification by the Plumbing Inspector that the excavation, backfilling and repaving of the street was done according to City specifications and in a good and workmanlike manner, and he shall sign and date such certification. No street opening file shall be closed until this certification is made. In the absence or disability of the Plumbing Inspector, the Code Compliance Supervisor or his designee shall perform this function.
A continuing bond in an amount to be fixed by the Code Compliance Supervisor or his designee shall be filed by the applicant with the City Clerk before any work is commenced.
The bond must be with a good and sufficient surety by a surety company authorized to transact business in the State of New York, satisfactory to the Corporation Counsel in form and substance, and shall comply with the provisions of Article III, Indemnity Bonds, of Chapter 65, Officers and Employees, of this Code.
The return of the bond shall be based upon the following conditions:
That the applicant will indemnify and save harmless the City from all damages that may accrue to person or property by reason of such work.
That the applicant will comply with all rules, regulations and directions of the Plumbing Inspector.
That upon completion of the work, the applicant will restore the street, alley or sidewalk as directed by and with materials specified by the Plumbing Inspector.
That if the regulations and directions of the Plumbing Inspector are not followed or default is made in any respect as to the terms, then the obligor will pay to the City the penalty of the bond or so much thereof as may be necessary to satisfy the obligation thereof.
The bond shall be returned to the permittee or the obligor after the expiration of two years from the completion of the work and upon certification by the Plumbing Inspector that the work has been completed in full accordance with his rules, regulations and directions and that no claims have been made against the City by reason of or arising out of the work.
The applicant shall also file with the City Clerk a policy of public liability and property damage insurance written so as to name the City of Newburgh as a named insured and in the following amounts:
Public liability: limits of not less than $200,000 for injuries, including wrongful death, for any one person, and limits of not less than $300,000 per one incident.
Property damage: limits of not less than $100,000 for damages on account of any one accident and limits of not less than $100,000 for damages on account of all accidents.
Every applicant for a permit shall, at the time of submitting the application, pay over to the Director of Finance a cash deposit in the amount to be fixed by the Code Compliance Supervisor or his designee to cover the cost of the restoration of any street, alley or sidewalk to the extent specified by the Plumbing Inspector.
The money deposited with the Director of Finance shall constitute a special fund, subject to such payments as hereinafter provided for.
Upon completion of the restoration of the street, alley or sidewalk, as directed by and with materials specified by the Plumbing Inspector, the Director of Finance is authorized upon the direction of the Plumbing Inspector to repay the person who obtained the permit and made the deposit, less any amounts expended by the City for the restoration of the street, alley or sidewalk. In no event shall such deposit be refunded within three months after the date of final completion of the restoration as determined by the Plumbing Inspector, except that if said termination date shall fall within the period from December 1 through March 31, inclusive, then the termination date shall be deemed to be the 30th day of April next following.
Nothing contained in § 263-17 shall be construed to prevent any person from filing in the office of the City Clerk a continuing bond in the form to be approved by the Corporation Counsel, conditioned in all respects as provided in § 263-17, except that such conditions shall apply to all excavations which the applicant may make in the public streets of the City during the period thereby fixed.
Upon completion of the work specified in any consent issued in accordance with provisions of the permit and upon compliance by the applicant with its terms and provisions, the amount of the undertaking required in connection with such work shall not be considered in estimating the whole amount of security required from any applicant.
The Code Compliance Supervisor or his designee shall provide each permittee, at the time a permit is issued hereunder, with a suitable placard, plainly written in English letters, at least one inch high, with the following notice, and in the first space, there shall be inserted the number of the permit, and after the word "Expires" shall be stated the date when the permit expires:
It shall be the duty of any permittee hereunder to keep the placard posted in a conspicuous place at the site of the excavation work. It shall be unlawful for any person to exhibit such placard at or about any excavation not covered by such permit or to misrepresent the number of the permit or the date of the expiration of the permit.