This Part 2 shall be known as and may be cited as the "North Salem Street Ordinance."
A. 
No opening or excavation by cutting, digging or otherwise and no connection into a water main, pipe, conduit, sewer or other underground structure, subsequently herein referred to as an "operation," shall be made, commenced or carried on in or under any street, highway, sidewalk, sidewalk area or public place in the Town of North Salem for any purpose whatsoever except as hereinafter provided in Article III of this Part 2 until a written permit therefor has been duly issued as herein provided and in accordance with the procedures set forth in § 195-16 hereof and in compliance with §§ 195-17 and 195-18 hereof.
B. 
Prohibited operations. In any residence district, no operation authorized under this article shall be permitted on Sunday nor before 8:00 a.m. nor after 5:00 p.m. on other days. The Superintendent of Highways, in his discretion, may vary or modify the application of this provision as occasion and/or necessity may demand.
C. 
Emergency openings. If it should become necessary in case of an emergency to open or excavate in or under any street, highway, sidewalk, sidewalk area or public place in the Town of North Salem, the same may be done without obtaining a permit as herein provided pursuant to the oral authorization of the Superintendent of Highways, followed by a valid application in accordance with this article within 48 hours of such opening or excavating or, if such oral authorization is not obtainable, if a valid application in accordance with this article is submitted to the Superintendent of Highways within 48 hours of such opening or excavating.
A. 
Application for a permit under this article shall be made on a form provided for that purpose to the Superintendent of Highways, in writing, in duplicate, for each such operation and shall contain the following information:
(1) 
The full name and address of the applicant.
(2) 
The full name and address of the owner or owners of the property in front of which the operation is to be performed.
(3) 
The location by street address, if any, of the property in front of which the operation is to be performed and the Tax Map designation of the same.
(4) 
A statement of the proposed operation and the size thereof and purpose thereof.
(5) 
The date or dates when the proposed operation is to be commenced and the date or dates when the operation is to be completed.
(6) 
The type of pavement or surface to be disturbed.
(7) 
A sketch of the proposed operation.
(8) 
The estimated maximum quantity of material to be excavated and/or removed and the estimated part thereof that will be used for regrading or filling.
(9) 
The restoration proposed, including specific methods of compaction and type and amount of resurfacing material to be used.
(10) 
The estimated cost of the entire proposed operation.
(11) 
The location, if any, of any tiles or drainage system or water mains or other public utility conduits which may be within the area of the proposed operation. The proposed activity shall comply with the permitting requirements, standards and specifications of the Town’s regulations for stormwater management and erosion and sediment control.[1]
[Amended 3-27-2007 by L.L. No. 3-2007; 12-26-2007 by L.L. No. 8-2007]
[1]
Editor’s Note: See Ch. 193, Stormwater Management and Erosion and Sediment Control.
(12) 
Any additional information which may be reasonably required by the Superintendent of Highways.
(13) 
A sketch indicating any trees to be removed, provided that such trees are over six inches in diameter at a height of three feet.
(14) 
A signed statement by the applicant that said applicant agrees to perform the proposed operation for which the permit may be granted in full and strict compliance and in accordance with the conditions of the permit, if issued, and any and all provisions of the Town Law and other applicable statutes and ordinances of the Town of North Salem and the rules and regulations of the Highway Department of the Town of North Salem.
B. 
Upon receipt of the application as herein provided for in Subsection A hereof, the Superintendent of Highways shall act thereon by issuing or refusing to issue a permit. No permit shall be issued by him except where there is compliance with the provisions of this article and all other applicable laws and ordinances and rules and regulations of the Highway Department of the Town of North Salem. Such a permit, when issued, shall be effective for such period of time, not to exceed 30 consecutive calendar days, to be specified thereon by the Superintendent of Highways. Such specified period of time may be extended for the completion of the operation, if so requested, in writing, by the permittee prior to the expiration date thereof, for such additional period or periods of time as authorized by the Superintendent of Highways.
No permit for an operation shall be issued by the Superintendent of Highways until the applicant therefor shall have first paid to the Superintendent of Highways, in cash or by check payable to the order of the Town of North Salem:
A. 
A fee in accordance with the Standard Schedule of Fees of the Town of North Salem to cover the cost of issuing the permit and the supervision and the inspection of the operation done in connection therewith.
[Amended 7-27-1993 by L.L. No. 3-1993]
B. 
A deposit in accordance with the Standard Schedule of Fees of the Town of North Salem plus a sum to be computed in accordance with the unit prices for pavements or other areas to be disturbed or work to be done, as determined by the Superintendent of Highways in accordance with the Standard Schedule of Fees of the Town of North Salem. The amount of deposit shall be retained by the Town for the duration of the period of maintenance as the same is herein defined.
[Amended 7-27-1993 by L.L. No. 3-1993]
C. 
Public utility companies may, in lieu of the deposit herein above mentioned, deposit with the Town Board its bond or a surety company bond approved as to form, manner of execution and sufficiency by the Town Board of the Town of North Salem, which bond shall be retained as security for the faithful performance by the applicant of all the terms, agreements, covenants and conditions of the permit, which bond shall be in amount to be determined by the Superintendent of Highways, but in no case shall the face amount of the bond be less than $5,000. When the permittee's work exceeds the maximum authorized size of opening or work specified in the permit, the permittee shall, when so ordered and before proceeding with the work, pay to the Superintendent of Highways such additional amounts of deposit as the Superintendent of Highways may require. Failure on the part of the permittee to comply promptly with said order will be considered sufficient cause for revocation of the permit.
D. 
All deposits shall be retained by the Town for the duration of the period of maintenance as hereinbelow defined:
(1) 
The period of maintenance shall be considered as a period of six months after the date of final completion, as determined by the Superintendent of Highways, of the operation to be done pursuant to the terms of the permit; except, however, that in the event the termination of said six-month period shall fall within the month of December, January, February, March or April, then and in that event the period of maintenance shall be considered as extending to the first day of May next ensuing, and the permittee shall be responsible for the entire operation and shall keep every portion of the same in good order and repair during the entire period of maintenance.
E. 
Upon the failure or default by the permittee of or in any of the terms, agreements, covenants and conditions of the permit, said deposit may be used by the Town for any expense incurred by the Town by reason of such failure or default on the part of the permittee, and any balance left shall be refunded to the permittee after the expense caused by such failure or default, as determined and certified by the Superintendent of Highways, has been paid and deducted from the amount of the deposit. The fees, deposits and bonds required by this Part 2 may be modified at any time pursuant to resolution adopted by the Town Board upon written request of the Highway Superintendent.
A. 
Amount. No permit for an operation under this article shall be issued by the Superintendent of Highways until the applicant therefor shall have first placed on file with the Superintendent of Highways, without cost to the Town, satisfactory evidence of public liability insurance in an amount of not less than $500,000 for any person and not less than $1,000,000 for any one accident and of property insurance in an amount of not less than $50,000 for any one accident and not less than $100,000 aggregate and satisfactory evidence that said insurance has been approved as to form, correctness and adequacy by the Supervisor of the Town to insure the Town against any loss, injury or damage arising out of the granting of the permit or from any negligence of said applicant, his servants and all work related thereto. The Town of North Salem shall be designated as an additional insured on any such policy.
B. 
Duration. Such insurance hereinabove referred to shall remain in force throughout the effective period of the permit and/or any authorized extension or extensions thereof and shall carry an endorsement to the effect that the insurance company will give at least 10 days prior written notice to the Town of North Salem of any modification or cancellation of any such insurance and shall contain a clause to the effect that termination of said insurance shall be without prejudice to the right of the Town of North Salem to make claim or claims thereafter for any loss or damage sustained as a result of any act or acts committed or omitted during the term of said insurance. Cancellation or termination of such insurance shall constitute an automatic revocation of the permit.
A. 
Existing structures. No work shall be commenced in connection with the operation for which a permit has been granted under the provisions of this article until the permittee shall have given written notice of the issuance of such a permit at least 48 hours prior to the commencement of such work to the owner or lessee of any pipes, conduits or other structures lying upon, over or under the surface of the area wherein the operation is to be performed pursuant to the permit issued hereunder or to the person, firm or corporation having the custody, control, care or maintenance of said pipes, conduits or other structures, and said permittee shall file with the Superintendent of Highways proof of the service of said written notice herein referred to. The permittee shall at all times during the performance of the work on said operation, at his own expense, preserve, support, maintain in operation and protect and safeguard from injury or damage such pipes, conduits or other structures and, in case of injury or damage, shall restore the same, at his own cost and expense, to the same condition as they were prior to the commencement of the work on said operation, and in the event of failure of the permittee to comply with the provisions of this section, such injuries and damages may be corrected and repaired by the owner thereof, his agents or employees, and the cost thereof and all damages sustained shall be paid by the permittee.
B. 
In addition to the notices required by the foregoing subsection, no work shall be commenced until the permittee shall file with the Highway Superintendent proof of service of written notice of such permit to owners of real property lying within a radius of 100 feet from the area wherein the work is to take place.
C. 
Traffic. Unless otherwise authorized by the Superintendent of Highways, traffic shall be maintained at all times during the progress of the operation being performed under the permit, and the permittee shall have due regard for the safety of all traffic and the public and shall:
(1) 
Erect and maintain suitable barricades, fences and/or guardrails around the area of operation during the work on said operation and shall arrange the same in such manner as to cause a minimum of inconvenience, hazard and delay to any and all traffic.
(2) 
Suitably place, install and maintain adequate warning flags or signs, and lighted red lamps or flares.
(3) 
Provide a watchman if deemed necessary by the Superintendent of Highways and, if so ordered by the Superintendent of Highways, in accordance with his directions and instructions.
(4) 
Designate and furnish competent persons to direct and expedite traffic by means of lights or flags, when necessary, to minimize inconvenience, hazard and delay to any and all traffic.
(5) 
Arrange and conduct the work in connection with said operation so as to make possible the complete removal of any obstructions to any and all traffic on Saturdays, Sundays and holidays, if so requested by the Superintendent of Highways.
D. 
All traffic control devices utilized pursuant to this section shall conform to the standards and specifications set forth for such devices in the New York State Manual of Uniform Traffic Control Devices.