[Adopted 11-12-1974 by L.L. No. 4-1974]
Editor's Note: Resolution No. 64, adopted 4-14-1975, designated the office of the Town Clerk as the official central registry of underground facilities for the Town of Waterford and provided for the Town Clerk to compile a master list of underground facilities, such list to be available for public inspection.
This article shall be cited and may be referred to as the "Pavement Opening Law."
It is the intention of the Town Board of the Town of Waterford, by the adoption of this article, to establish procedures for permitting nongovernmental parties to open pavements in the town in accordance with the provisions of the Municipal Home Rule and Law and other applicable laws of the State of New York.
This article shall apply to the areas of the Town of Waterford located outside the Village of Waterford.
As used in this article, the following terms shall have the meanings indicated:
- Any paved portion of any town highway.
No pavement shall be opened without a permit for such purpose issued by the Town Clerk. A permit shall be issued only upon applications, as provided in this article, and only upon the applicant's posting the deposit or bond provided in this article.
All applications for a permit to open a pavement shall specify:
The name and address of the applicant who desires to open or have opened the pavement.
The pavement to be opened, indicating location thereof by street address or other geographic references.
The purpose of the opening.
If the applicant is an agent, employee or contractor of a principal for whom the opening is to be made, the name and address of such principal party.
If the applicant is a principal who plans to have an agent, employee or contractor accomplish the opening, the name and address of the agent, employee or contractor, if known.
The approximate date of opening contemplated.
The date of the application.
Any application for a permit to open a pavement shall be accompanied by either a cash deposit of $500 or a bond, written by an insurance or bonding company authorized to do business in New York, in the amount of $500 to be held by the Town until the pavement opened shall be satisfactorily repaved and restored. Satisfactory repaving and restoration, where designated as such by the Town Highway Superintendent, shall entitle an applicant to have returned the deposit or bond posted. Upon failure of an applicant to repave and restore a pavement for a period of 30 days, the Town may give such an applicant written notice to do so, and, if such shall not be done within 10 days after such notice, the deposit or bond shall be forfeited to the Town. If a repaving or restoration is found unsatisfactory, the Town may give the applicant written notice to satisfactorily remedy the situation, and, if such is not done within 30 days after such notice, the deposit or bond shall be forfeited to the Town. No forfeiture nor any provision of this Article shall serve to preclude the Town from taking all lawful action to collect costs and damages incurred by the Town in repairing and restoring any pavement not repaired and restored in satisfactory manner by an applicant.
[Added 9-1-1987 by L.L. No. 3-1987]
Any person who violates any provision of this article, including failure to obtain a permit, shall, upon conviction thereof, be punishable by a fine not to exceed $250 or by imprisonment for a term not to exceed 15 days, or both.