[Amended 3-12-1974 by L.L. No. 2-1974]
A.
No person, firm or corporation shall open or cause
to be opened, by cutting or excavating, the surface or soil of any
street, highway, sidewalk area or public street for any purpose whatsoever,
without first obtaining therefor any state and/or county licenses
or permits where required and obtaining from the Superintendent of
Highways a written permit for street opening and paying to the Town
of Ossining the deposit required and without otherwise complying with
the provisions of this Article.
[Amended 3-26-1985 by L.L. No. 2-1985]
B.
No person, firm or corporation shall make or cause
to be made any connection into a sanitary sewer, stormwater drain
or water main in any easement or right-of-way across private property,
said sanitary sewer, stormwater drain or water main forming a part
of the sewer, drainage or water distribution system, respectively,
of the Town of Ossining, without first obtaining from the Superintendent
of Highways a written permit for street opening.
C.
Such permit shall be valid for an effective period
not to exceed 30 consecutive calendar days from date of issuance.
Such effective period may be extended, if so requested in writing
by the permittee prior to expiration thereof, for such additional
period as the Superintendent of Highways may, in his discretion, allow.
A.
Any person, firm or corporation desiring a permit
for street opening shall make application therefor to the Superintendent
of Highways for each such opening, upon forms to be provided for that
purpose.
B.
The said application shall contain:
(1)
The names and addresses of the applicant and of the
owner of the property in front of which or for whom the work is to
be performed.
(2)
The location of such property and the section, plate,
block and lot designation thereof.
(3)
The size and purpose of the opening to be made and
the maximum size of such opening.
(4)
The date or dates when the work is to be performed.
(5)
The type of pavement or surface to be disturbed, together
with such necessary sketches and additional information as the Superintendent
may require.
(6)
A signed statement, by the applicant, that the said
applicant agrees to perform the work for which the permit is granted
strictly in accordance with the conditions of the permit, the provisions
of the ordinances of the Town of Ossining and the applicable rules
and regulations of the Highway Department.
A.
No permit for street opening shall be issued by the
Superintendent until the applicant therefor shall have first placed
on file with the said Superintendent, without cost to the Town, satisfactory
evidence of general liability insurance in the amount of not less
than $200,000 for any one person and not less than $1,000,000 for
any one accident and property damage insurance in the amount of not
less than $25,000 for any one accident and $50,000 in the aggregate
and satisfactory evidence that the said insurance has been approved
as to form, correctness and adequacy by the Town Attorney, to insure
the Town and the applicant against any loss, injury or damage arising
out of the granting of the permit or from any negligence or fault
of said applicant, his agents, servants or employees in connection
with the said opening or with any work related thereto.
B.
Such insurance shall remain in force throughout the
effective period of the permit, as well as any authorized extensions
thereof, and shall carry an endorsement to the effect that the insurance
company will give at least 10 days' written notice to the Town of
Ossining of any modification or cancellation of any such insurance.
[Amended 3-12-1974 by L.L. No. 2-1974; 3-26-1985 by L.L. No.
2-1985; 9-11-2007 by L.L. No. 8-2007]
No permit for street opening shall be issued
by the Superintendent of Highways until the applicant therefor shall
have first paid to the Town of Ossining, in cash or by check payable
to the Town of Ossining, a deposit, to be determined as provided hereunder,
and a fee in the amount set by resolution of the Town Board in the
Fee Schedule,[1] except that whenever a permittee has filed a bond in lieu
of deposit, as may be provided elsewhere in these rules and regulations,
the said fee shall be an amount per linear foot of street opening,
as provided in the Fee Schedule. Said fee is to cover the cost of
issuing and recording the permit and the supervision and inspection
of the work done in connection therewith.
A.
The amount of deposit for openings shall 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,
in the amount set by resolution of the Town Board in the Fee Schedule.[1]
[Amended 3-26-1985 by L.L. No. 2-1985; 9-11-2007 by L.L. No.
8-2007]
B.
Disposition of deposits.
(1)
The amount of deposit shall be retained by the Town
for the duration of the period of maintenance as defined hereinbelow.
(2)
Upon failure or default by the permittee of any of
the terms, agreements, covenants and conditions of the permit on the
permittee's part to be done or performed, 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.
(3)
After expenses for such failure or default, as determined
and certified by the Superintendent of Highways, have been paid and
deducted from the amount of the deposit, any balance left after such
deductions shall be refunded to the permittee.
C.
Period of maintenance.
(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 work to be done pursuant
to the terms of the permit; except, however, that, in the event that
the termination of the six-month period shall fall within the months
of December, January, February, March or April, then and in that event
the period of maintenance shall be considered as extending until the
first day of May thereafter.
(2)
The permittee shall be responsible for the entire
work and shall keep every portion of said work in perfect order and
repair during the entire period of maintenance.
A.
Unless otherwise agreed upon between a public service
corporation and the Town of Ossining, a public service corporation
may, in lieu of a deposit hereinabove specified for street opening,
file and keep on file with the Superintendent of Highways a bond in
the amount of $5,000, the said bond to be approved as to form, amount
and sufficiency of surety by the Town Attorney and the said bond to
be retained as security for the faithful performance by the applicant
of all the terms, agreements, covenants and conditions of the permit
on the applicant's part to be done or performed.
B.
A public service corporation may, in lieu of the insurance
hereinbefore specified for street opening, file and keep on file with
the Superintendent of Highways an agreement, approved as to form by
the Town Attorney, to indemnify and save harmless the Town of Ossining
from claims, suits, actions, proceedings, losses, injuries, damages
and costs of every name and description arising out of or resulting
from any act or omission on the part of such public service corporation
under any permit granted to it or from any negligence or fault.of
such public service corporation, its contractors, agents, servants
or employees in connection with sidewalk, curb or driveway work or
repairs or street openings or any work related thereto and to also
defend on behalf of the Town of Ossining any such suits, actions or
proceedings which may be instituted against the Town of Ossining.
C.
Any provision of any local law to the contrary notwithstanding,
permits for street openings as required by a local law may be issued
to any public service corporation who shall pay to the Town of Ossining
the amount of the fees therefor quarterly after request for payment
is made. No permits for future openings shall be issued until payment
is made in full for all outstanding permits as same shall have been
billed.
[Added 3-12-1974 by L.L. No. 3-1974]
D.
In case of emergency due to breakage of pipes, etc., street openings may be made by a public service corporation prior to obtaining a permit for street opening; provided, however, that the said public service corporation shall have filed the required bond and evidence of insurance or indemnity agreement as specified in this section and in § 87-3 of this Article and provided further that the said public service corporation shall make application for the necessary permit for street opening not later than 24 hours (Saturdays, Sundays and holidays not included) after said opening has been commenced.
