[HISTORY: Adopted by the Town Board of the Town of Hurley 6-26-1978.
Amendments noted where applicable.]
No cut or break shall be made in the pavement or street surface and
no trench or excavation shall be dug for any purpose whatsoever in any road,
highway or street in the Town of Hurley, County of Ulster, New York, without
first obtaining from the Highway Superintendent a written permit for the making
of such cut, trench or excavation, which permit shall specify the purpose
for which the permit is asked and the name of the corporation or person making
application therefor and whether or not such corporation or person has duly
filed a bond or certificate of insurance for public liability and property
damage with the Highway Superintendent, holding the town harmless in case
of accident. Such permit shall be valid for a period of not more than 15 days
after the date of issuance of the same, after which said permit shall lapse
and become null and void. If the work for which such permit is issued is not
completed within said period of 15 days, the corporation or person doing such
work may apply for a renewal of said permit, and the Highway Superintendent
may grant such renewal, subject to the same limitations and conditions obtained
in the issuance of the original permit.
Application for such permit must be made in person by the corporation
or person who filed the necessary bond or certificate of insurance at the
office of the Highway Superintendent in the town highway office, Town of Hurley,
County of Ulster, New York, during the regular office hours.
[Amended 4-8-1999 by L.L. No. 1-1999]
Application for such permit must be accompanied by a fee as set forth
from time to time by resolution of the Town Board for each excavation permit.
No further permits or renewals thereof shall be issued by the Highway
Superintendent unless and until any and all charges existing, levied or certified
by the Highway Superintendent against the corporation or person granted the
permit are paid and satisfied in full. All excavations or trenches must be
properly protected by necessary guards, sheathing and bracing and must also
be protected by adequate lights at night, and the corporation or person granted
such permit shall be responsible for all claims for damages resulting from
any cause connected with the making of such cut, trench or excavation. The
corporation or person granted the permit must cause to be placed at the excavation
in a conspicuous place a sign which will be issued to him or her by the Highway
Superintendent at the time of the issuance of the permit. This sign must not
be removed from the place of excavation until the work is completed.
The refilling of such cut, trench or excavation shall be done according
to town road specifications for filling cuts, trenches or excavations and
in a workmanlike manner by the corporation or person receiving said permit
who shall then notify the Highway Superintendent that he or she has completed
this work and shall then relay the pavement over said cut, trench or excavation,
and the cost of repaving said cut, trench or excavation as certified by him
or her shall be paid by the corporation or person granted such permit. If
such cost of repaving said cut, trench or excavation or sewer service charge
is not satisfied in full by the corporation or person receiving such permit,
the cost shall be a lien against the property so connected, and it may be
collected in the same manner as special assessments as provided by law.
[Amended 4-8-1999 by L.L. No. 1-1999]
Any person or corporation violating any of the provisions of this chapter
shall be punished by a fine of not exceeding $50 dollars, to be recovered
for the use of the highway fund, and shall be collected in a civil action
brought in the name of the Town of Hurley against the person violating any
of the provisions of this chapter.
