TITLE 19
ROAD OPENING AND EXCAVATIONS
19-1 PERMIT
No person shall open any part of any road or street in the Town of Goshen without applying to the Board of Selectmen in writing for a permit therefore, stating the location, purpose, area, date and length of time required to continue such opening. (4-2-1972)
19-2 DEPOSIT SCHEDULE
Before any person shall receive a permit for opening any road or street in the Town, he shall deposit with the Board of Selectmen for the use of the Town for or toward restoring the surface when opened, a fee in accordance with the following schedule:
First Each Additional Additional
Kind Surface Sq. Yd Sq. Yd. Minimum
Bituminous $9.50 $5.00 $10.00
Macadam $9.50 $5.00 $10.00
Oiled or Tarred $9.50 $5.00 $10.00
Dirt or Gravel $ 5.00 fee
Provided, that any such applicant may, at his expense , restore the surface to the direction, inspection and approval of the Selectmen or Road Supervisor, in which case he shall be entitled to the return of the moneys so deposited for surface restoration. (4-6-1972)
Provided further that any such applicant may, in lieu of such cash deposit, lodge with the Board of Selectmen, a bond in favor of the Town in a form and with a surety satisfactory to the Board of Selectmen, in an amount not less than the required cash deposit, conditioned upon the restoration of the highway to the approval of the Board of Selectmen. Amended (1-29-1975)
19-3 BARRICADES TO BE ERECTED
When any excavation is made in any road, street or public place in the Town the person by or for whom such excavation is made shall cause a rail or other sufficient fence to be placed and fixed so as to enclose such excavation and the dirt, ground or other material thrown into the street therefrom, and such protection shall be continued during the whole time such excavation shall be open. (4-6-1972)
19-4 LIGHTS TO BE MAINTAINED AT NIGHT
At night a sufficient number of lighted red lanterns or other approved devices or signals shall be fixed to some part of the rail or fence required by the preceding section, or placed in some other proper manner over or near such excavation, and the dirt, gravel or other material taken from the same, to warn pedestrians and the drivers of vehicles of the existence of such excavation, dirt, gravel and materials and the danger therefrom. Such lanterns shall be kept so lighted from the beginning of the twilight of the evening through the whole of the night, and shall be continued every evening and night during the entire time such excavation is open and until such dirt, gravel or materials has been removed. (4-6-1972)
19-5 SURFACE TO BE RESTORED
Every holder of a permit for opening shall, be himself, his agent, servant, contractor or employee, cause every excavation where openings are made to be thoroughly filled, tamped,
or puddled up to where such opening is to be resurfaced, and thereupon remove all surplus materials, all such work to be subject to the inspection and approval of the Selectmen or Road Supervisor. If such permit holder fails to restore said openings and remove all surplus materials, the Town shall do such restoration and removal, and the permit holder shall be liable for the cost and expense of said work. (4-6-1972)
19-6. BOND OR INSURANCE FURNISHED
The applicant shall furnish to the Town a good and sufficient bond or certificate of insurance conditioned that the applicant protects the Town from all liability and responsibility on account of all injuries to persons or property resulting from or connected with any such opening. No permit shall be granted until such bond or insurance is approved by the Selectmen. (4-6-1972)
19-7. BASINS, MAN HOLES AND AREAWAYS
No person shall construct or maintain any basin, man hole or areaway, or any cover, grating or door above the same, in any street or right of way in the Town without a permit to do so, issued by the Selectmen. (4-6-1972)
Effective: 5-3-1972
19-8 PERMIT FEES
First Each Additional Additional
Kind of Surface Sq. Yd Sq. Yd. Minimum
Bituminous $75.00 $50.00 $20.00
Macadam $75.00 $50.00 $20.00
Oiled or Tarred $75.00 $50.00 $20.00
Dirt or Gravel $75.00 $50.00 $20.00
(2-2-1987)
Effective: 2-25-1987
19-9. The Road Openings and Excavations Ordinance dated April 6, 1972, as amended on January 29, 1978 is hereby repealed. (9-29-1992)
Effective: 10-16-1992
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