[Amended 3-2-1982 by Res. No. 5; 5-19-1987; 9-7-1994 by L.L. No. 26-1994; 7-13-2004 by L.L. No. 20-2004; 12-20-2005 by L.L. No. 28-2005]
A.
No person, company, corporation, utility, or any entity
shall open or make any excavation in or under the surface of any street,
avenue, road, parkway or highway within the Town over which the Town
has jurisdiction without first obtaining a permit as set forth further
in this article.
B.
Additionally, no person shall open or make any excavation in or under the surface of any street, avenue, road, parkway or highway within the Town over which the Town has jurisdiction within five years of the road being constructed, opened, reconstructed and/or repaved unless good cause is shown to the Commissioner of the Department of Public Works that the excavation is necessary, that alternative methods will not accomplish the permittee's objective, and without first obtaining written permission therefor from the Commissioner of the Department of Public Works and the Town Clerk, to whom there shall be made a formal application for each excavation. However, should the street opening or excavation be in conjunction with the connection of any building or structure to Southwest Sewer District No. 3, the permit fee requirements hereunder are waived. In addition thereto, licensed plumbers approved by the Southwest Sewer District for such work shall be required to comply with restoration requirements set forth in this section and bonding and insurance requirements as set forth in Chapter 170, Article IV, of the Code of the Town of Babylon. No connection to the Southwest Sewer District to be done by the individual owner of residential property shall be authorized, unless said owner shall execute an agreement with the Town of Babylon holding the Town harmless from any liability which may arise in the cost of such connection which in any way impacts on the public right-of-way. Such agreement shall further provide that the individual owner shall restore the public right-of-way in accordance with the requirements of the Commissioner of the Department of Public Works, Town of Babylon, and that the provisions of Town Highway Right-of-Way Repair Specifications[1] are hereby officially adopted by the Town of Babylon.
[1]
Editor's Note: Said specifications are on
file in the Town offices.
Each application for permit hereunder shall
be written, signed by the applicant or his duly authorized representative
and shall contain the name and address of the applicant proposing
to make such opening or excavation, an exact description of the location
where such opening or excavation is to be made and of the nature of
its surface and condition, the dimensions of the excavation, a statement
of the purpose of such proposed excavation and the period of time
it is to remain open, the name and address of the person for whose
benefit or at whose request the opening or excavation is to be made
and that the applicant will indemnify the Town from any and all damages
resultant from injuries to person or property caused by such opening
or excavation.
[Amended 10-19-1971; 9-8-1976; 5-19-1987]
All openings or excavations ordered by the Town
Board shall be exempt from the payment of fees for such permits.
A.
Required. Each applicant for a permit hereunder shall
post with the Town Board an owner's protection policy written by an
insurance carrier duly licensed in the state.
B.
Amount. The policy shall be in the amount of $50,000
of coverage as to property damage and $500,000 and $1,000,000 of coverage
as to bodily injury.
C.
Scope. The policy shall cover any and all situations
where a permit is issued by the Town and shall specifically indemnify,
defend and hold harmless the Town, its Supervisor, Councilmen, Commissioner
of the Department of Public Works, agents, servants and employees
from any and all claims brought against it and/or them by third persons
for alleged property damage or bodily injury allegedly occasioned
by an applicant for street opening. Said protection policy may be
applied to several and diverse digging situations conducted by the
same person, group or authority.
[Amended 9-7-1994 by L.L. No. 26-1994]
[Amended 10-19-1971; 5-19-1987; 5-24-1988; 6-7-1988; 9-7-1994 by L.L. No. 26-1994]
Amounts and conditions.
A.
The issuance of a permit hereunder shall be conditioned
upon the applicant posting with the Town, where any performance or
permit fees are under $500, a certified check or cash and, where any
performance or permit fees are $500 or above, a performance bond issued
by such surety or sureties as the Town of Babylon may approve, conditioned
upon the applicant complying with the terms and conditions of the
permit and this article, performing the work in the manner and within
the time specified in the permit, replacing and restoring the street,
avenue, road, parkway, highway and pavement thereon over every such
opening or excavation in as good a condition as it was before such
opening or excavation was made and keeping and maintaining the same
in good order for a term as set forth below and complying with any
and all ordinances relative to openings and excavations and complying
with specifications set by the Town Commissioner of the Department
of Public Works, in amounts to be set by the Town Board, upon the
recommendation of the Commissioner of the Department of Public Works,
from time to time.
B.
The certified check or cash or performance bond requirements
hereunder shall include provisions for maintenance, which certified
check or cash or performance bond shall be held for a duration of
two years from the date of the completion of the work under the permit,
in the case of all excavations with a depth at 18 inches or less,
and a duration of three years from the date of the completion of the
work under the permit for all excavations with a depth between 18
inches and five feet and a duration of four years from the date of
completion of the work under the permit for all excavations exceeding
five feet in depth; however, the above period of time may be waived
by the Commissioner of the Department of Public Works where the work
shall have been completed and an inspection of said work shall show
it to meet highway right-of-way specifications, and said certified
check or cash or performance bond shall then be returned to the person
posting such certified check or cash or performance bond.
Upon special application made to it by any applicant for a permit required under this article, and for good cause shown, the Town Board may, in its discretion, waive any of the provisions set forth under §§ 191-9 and 191-10 insofar as it may accept such insurance and/or indemnification documents as it deems appropriate in the premise.
[Amended 10-19-1971; 9-7-1994 by L.L. No. 26-1994]
A.
Any applicant making an opening or excavation under
the provisions of this article shall at all times while the same remains
open or danger exists therefrom maintain a clearly visible warning
signal in front of such opening or such excavation on all sides and
at night or whenever visibility requires it. Such warning signal shall
be flashing amber lights and in addition shall at all times when work
is actually not being done in or about such opening or excavation
surround the same with substantial barriers as shall be approved by
the Town Commissioner of the Department of Public Works and at night
or when visibility requires it clearly outline the position and extent
of such barriers by flashing amber lights. Such lights, barriers and
other warning devices shall be in accordance with the New York State
Vehicle and Traffic Law and the New York State Manual of Uniform Traffic
Control Devices.
B.
It shall further be a duty of the applicant to maintain
traffic flow around such openings or excavations as directed by the
Town Commissioner of the Department of Public Works.
[Added 10-19-1971]
Adequate safety precautions shall be taken in
connection with all openings or excavations. Said safety precautions
shall comply with all local, state and federal safety regulations.
[Added 10-19-1971; amended 4-27-2022 by L.L. No. 10-2022]
[Added 12-7-1971]
Anything in this article to the contrary notwithstanding, the provisions of §§ 191-7, 191-9 and 191-10 shall not apply to the Suffolk County Southwest Sewer District or to the Suffolk County Water Authority or to anything done pursuant to a contract to which the Suffolk County Southwest Sewer District or the Suffolk County Water Authority is a party. The provisions hereinafter set forth in this section shall apply to any excavation in or under the surface of any street, avenue, road, parkway or highway within the Town, over which the Town has jurisdiction, that is made by the Suffolk County Southwest Sewer District or the Suffolk County Water Authority or pursuant to a contract to which the Suffolk County Southwest Sewer District or the Suffolk County Water Authority is a party.
A.
Each application for a permit hereunder shall be accompanied
by a fee of $50 therefor, to be paid to the Commissioner of the Department
of Public Works or his agent, when such application is made by the
Suffolk County Water Authority. The Suffolk County Water Authority
shall be exempt highway the payment of any additional permit fee over
and above the application fee of $50.
[1]
Editor's Note: This resolution also provided
that it shall be retroactive to 6-1-1987.
B.
Each applicant for a permit hereunder shall post with
the Town Board, an owner's protection policy written by an insurance
carrier duly licensed in the state. The policy shall be in the amount
of $50,000 of coverage as to property damage and $500,000 and $1,000,000
of coverage as to bodily injury. The policy shall cover any and all
situations where a permit is issued by the Town and shall specifically
indemnify, defend and hold harmless the Town, its Supervisor, councilmen,
Commissioner of the Department of Public Works, agents, servants and
employees from any and all claims brought against it and/or them by
third persons for alleged property damage or bodily injury allegedly
occasioned by an applicant for street opening. Said protection policy
may be applied to several and diverse digging situations conducted
by the same person, group or authority.
[Amended 9-7-1994 by L.L. No. 26-1994]
C.
The applicant for a permit hereunder shall post with
the Town or its designated agents a performance bond in the minimum
amount of $30,000, issued by such surety or sureties as the Town may
approve, conditioned upon the applicant complying with the terms and
conditions of the permit, performing the work in the manner and within
the time specified in the permit, replacing and restoring the street,
avenue, road, parkway, highway and pavement thereon over every such
opening or excavation in as good condition as it was before such opening
or excavation was made and keeping and maintaining the same in good
order for three years, complying with any and all ordinances relative
to openings or excavations. Such bond shall be sufficient for more
than one road opening for a single individual or entity, provided
that the individual or utility shall not open or permit to remain
open at any given time any excavation or excavations.
[Amended 5-19-1987]
