No person shall open or cause to be opened by cutting or digging the surface, pavement or soil in any street, highway or public place for any purpose whatever without first making a written application to the Superintendent of Highways and obtaining a permit upon depositing with the Town Clerk the following sums therefor:
For repairs and maintenance in the case of concrete roads and roads with concrete base, there shall be a fee as set forth by resolution of the Town Board in the Master Fee Schedule, which may be amended, for each opening; and in the case of all other roads, there shall be a fee as set forth by resolution of the Town Board in the Master Fee Schedule, which may be amended, for each opening.
[Amended 2-11-1969; 9-10-2002 by L.L. No. 8-2002]
No fee shall be required if a bond is filed in accordance with § 111-5 relating to public-service corporations.
In case openings exceeding six square yards in area are made in the traveled or paved portion of roads, additional payments for repairs and maintenance must be made for areas in excess of six square yards as follows:
[Amended 2-11-1964; 2-11-1969; 9-10-2002 by L.L. No. 8-2002]
For concrete pavements or pavements with concrete base, there shall be a fee as set forth by resolution of the Town Board in the Master Fee Schedule, which may be amended.
In all other roads, there shall be a fee as set forth by resolution of the Town Board in the Master Fee Schedule, which may be amended.
A proportionate charge shall be fixed by the Superintendent of Highways for street openings not involving pavements.
No person shall obstruct a highway or street in such a manner as to close the same without obtaining a written permit from the Chief of Police and the Superintendent of Highways, satisfying the provisions of the Vehicle and Traffic Law and the Highway Law.
All work shall be under the supervision of the Superintendent of Highways and must be performed to his satisfaction and specifications.
The permittee shall erect and maintain suitable barricades and fences around all of his work while excavation or other work is in progress, shall keep openings plainly lighted with red lights between sundown and sunrise and shall arrange his or its work in such a manner as to cause a minimum of inconvenience and delay to vehicular and pedestrian traffic.
No permit shall be issued until the applicant has deposited the sum provided in § 111-1 and, in addition, has filed with the Town Superintendent of Highways a certificate of public liability insurance to indemnify and protect the Town against any loss, damage or injury which might be incurred by reason of said street excavation or performance of the work incidental thereto. Said insurance shall be in the amount of not less than $50,000 for any one accident, and property damage insurance shall be in the amount of not less than $5,000 for any one accident. Public-service corporations may, at their option, file a bond with sufficient sureties to be approved by the Town Attorney in the amount of $10,000, conditioned upon saving harmless the Town of New Castle, its officers, servants and agents from loss in connection with such matter. The unexpended balance of any such deposit shall be refunded to the depositor upon the completion of the work and the filling in of said opening to the satisfaction of the Town Superintendent of Highways, except in connection with lump-sum amounts fixed by the Superintendent of Highways and accepted and paid by the applicant for doing said work or any part thereof by the Superintendent of Highways for account of the Town, in which case there shall be no refund.
This article shall not be construed to conflict with any of the provisions of § 149 of the Highway Law but is designed to supplement the same, and the action of the Town Board in adopting this article shall constitute the consent required by said section.
The Superintendent of Highways is hereby empowered to adopt a suitable form of application and permit. Said form shall be printed and a copy shall be filed with the Town Board.
No permit shall be issued unless proof under oath is produced, in a form satisfactory to the Town Attorney, that compensation for all employees has been secured as provided by the Workers Compensation Law.
[Amended 2-11-1969; 6-25-1974]
Any person committing an offense against the provisions of this article shall be guilty of a violation punishable by a fine not exceeding $250 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this article shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.
All repairs must be completed within 15 days of the date of the start of the work. If repairs cannot match existing area pavement, a substitute pavement patch material, approved by the Superintendent of the Highway Department, may be used until like and/or approved material is available.