HomeMy WebLinkAboutLL 2 of 1965 Excavations on Streets & Highways 1965 - Local Law #2
A local, law regulating excavations within town streets
and highways.
Be it enacted by the Town Board. of the Town of Ithaca
as follows;
SECTION 1 - PERMITS FOR EXCAVATIONS
No Person, firm or corporation, hereinafter- referred to
as the permittee, shall make an excavation within the limits of
any town street or highway or other public place or under any
sidewalk, all hereinafter referred to as street or highway, In
the Town of Ithaca without obtaining a written permit therefor
Issued by the Town Board. or such employee, officer, person or
agency as shall be designated by the Board. The application for
'this permit shall include such drawings, sketches and other
Information as the issuing agent may require Including, amongst
other things, the date or dates witin which work Is to be per-
formed.
SECTION 2 - DEPOSIT OR SECURITY PEQUTRFD
No such permit shall be issued unless and until the
person applying for the same;
(1) Has filed with the Town Cler*k satisfactory proof of
adequate insurance indemnifying or holding harmless the Town
of Ithaca, as the, Insured, from all. claims for injuries to
persons or property that the Town may be liable for, by reason
of such excavation.
(2) Has furnished satisfactory proof that the work shall
be done by a person, firm or corporation competent to perform
the same.
(3) Has executed an instrument, In. form satisfactory to
the Board that he assumes all, responsibility for any damage to
persons or property which may result or arise from any work
performed pursuant to the permit, arid. further agrees that all
work shall be performed in accordance with the conditions
of the permit and all applicable laws, rules and regulations and
further, agrees that the Town is to be saved. harmless from any
Loss, injury or damage arising out of' the granting of the
permit or, as a result of' any negligence, fault or act of' the
permittee, his contractors, servants or agents In connection
with the work to be performed..
(4) Has deposited a sum of at leastfT,,100.00 in cash or
certified. check payable to the Town as security for the proper
performance of the work and the replacement, repair and. restor-
ations of the street or highway In such condition and manner
as may be reasonably required by the town superintende-rat. If
the proposed construction at any time exceeds the sum of $500-00,
by applicant's estimate, to the satisfaction of the town high-
way superintendent, a performance bond of s. -type and In an
amount specified by the Town Boerd may be required. Upon the
filing with the town clerk of a certificate of' the town highway
superintendent that the work has been performed in. a satisfactory
manner arid. the street or highway lies been. replaced or repaired
as required. by h1m. arid all charges, expenses and damages have
been paid by the applicant, any deposit shall, be refu-nded- to the
permittee, provided that the permittee has otherwise complied
with this law, and all rules, orders and regulations Issued
thereunder; otherwise the said deposit, or so much -thereof as
shall be necessa-ry, may be applied by the town to the cost of
repairing or replacing the street or highway in proper and safe
condition. for public travel, or to such other expenses end
liabilities as the 'town may have incurred or be liable for.
SECTION 3 - PERFORIv'ANCE OF WORK
(1) All such excavations and all other work: In
connection therewith shall be completed. with all possible dis-
patch and within such time and. in such manner as the town, high-
way superintendent shall- require.
(2) F)uring the performence of the work, at least one-
half of the street or highway shall.. be kept open for -travel.
(3) The permittee shall.. erect such safeguards and barriers,
and shall cause the same to be adequately marked by such lights
and other warning devices from sundown to sunrise as the town
highway superintendent shall require.
(4) Any permit may be revoked by the town superintendent or
such other person designated by the town board upon two days
notice in writing, should, the permittee fail. to comply with any
of' the terms, agreements or conditions thereof unless otherwise
designated.
(5) Any expenses Incurred by 'the Town in coianection with
the work to be done and the enforcement of' the provisions hereof
shall be Paid. by the permittee within ten (10) deys after the
town clerk sh,�11 knave sent the permit-tee a statement of such
expenses certified by the town highway superintendent, or such
other person as ma'v. be designated by -the town board
O, an , any
sum deposited by the permittee pursuant to Section 2 mny be
applied toward the payment thereof.
(6) The Town Board may adopt further reF a T,d ing
.;ulatlons reg,
the Issue of the permit and bearing on the conduct of the work,
and establishing standards of construction, and. quality of'
materials, which regulations shall be filed with the 'town clerk
and the town highway superintendent.
SECTIoN 4 - PENALTIES
Any violation of the provisions of this law shall constitute
a misdemeanor. In addition, the penalty for each violation of
this low shall be a sum not to exceed two hundred dollars.
SECTION 5 - The invalidity of any section, clause, sentence or
provision of this law shall not a.fff.-,,,ct the validity of any other
part thereof.
SFCTION 6 - This law shall take effect immediately.
Adopted by the Town Board, July 12, 1965 Fvelyn. Fuess, Clerk