[Adopted 10-21-1985 as Ch. 65, Art. V, of the 1985 Code]
No person, firm or corporation shall enter upon
any town property or any portion of the right-of-way of a town highway,
for the purpose of making an excavation for any purpose, unless authorized
to do so in writing by the Building and Plumbing Inspector as well
as by the Town Highway Superintendent.
Applications for such permit must be made in
writing and shall set forth the name of the owner or owners of the
abutting property where the excavation is intended to be made, the
exact location of the excavation, its width and depth and the reason
therefor and what arrangements have been made to fill in the excavation,
the method of guarding the same and such other information as may
be requested by the Building and Plumbing Inspector and the Town Highway
Superintendent to protect the public using the town property or said
highway.
[Amended 6-5-1989]
The fee for the issuance of such permit shall
be $200. In addition to such fee, the applicant shall execute and
file with his application a surety bond in the sum of $5,000, conditioned
that the applicant will restore the property to the same condition
as it was before the excavation was made, within 30 days after the
permit is issued.
Any person, firm or corporation may file a surety
bond in the sum of $20,000, conditioned that the applicant will restore
the property to the same condition as it was before the excavation
was made, within 30 days after permit is issued, in which event no
further bond shall be required for additional permits. The same must
be renewed on the first of January of each year.
In addition thereto, the applicant must agree
to properly barricade the excavation so as to prevent any person from
suffering injury to person or property by reason of such excavation.
The applicant must further agree in writing
to protect the Town of Cheektowaga from any claim of damage being
made for injury to person or property by reason of such excavation,
and to save the town harmless from any such claim or demand.
The applicant must agree that if the Town of
Cheektowaga is obliged to pay any claim for damage caused by such
excavation, the town shall be promptly reimbursed by him for the amount
thereof, whether such amount is reached by way of a compromise of
the claim or demand or by a judgment of a court of competent jurisdiction.
Nothing herein contained is intended to in anywise
repeal any existing provision of the Plumbing and Draining Ordinances
or the Building Code of the Town of Cheektowaga.
Any person, firm or corporation, whether he
be owner, contractor, subcontractor, or employee of the owner, contractor
or subcontractor, violating the provisions of this article shall be
punished by a fine not to exceed $50 or by imprisonment for a term
not exceeding six months.
