[HISTORY: Adopted by the Town Board of the
Town of Marilla as indicated in article histories. Amendments noted
where applicable.]
[Adopted 8-6-1990 by L.L. No. 2-1990;
amended in its entirety 3-11-1999 by L.L. No. 2-1999 (Ch. 176, Art. I, of
the 1999 Code)]
No construction shall be allowed to occur within
the Town rights-of-way and no overhead or underground crossing of
a Town highway shall be allowed without first obtaining a permit from
the Highway Superintendent of the Town of Marilla.
Permit applications shall be available in the
office of the Town Clerk.
All permit applications shall be completed and
submitted to the Highway Superintendent, together with engineering
drawings and such other information as the Highway Superintendent
may require.
Upon receipt of the application, together with
other required information, the Highway Superintendent shall determine
whether a permit should be granted. The Highway Superintendent shall
not be required to grant a permit if he believes the granting of the
permit and the performance of the anticipated work would adversely
affect public health or safety or interfere with the present or future
use of the rights-of-way of the Town. If the permit request is granted,
the applicant must pay the permit fee, which fee shall be established
by the Town Board by resolution from time to time, to the Town Clerk
and must provide proof of insurance, naming the Town of Marilla as
an additional insured, in an amount acceptable to the Town. In addition,
the applicant shall be required to post a bond to insure that restoration
is completed in accordance with the reasonable requirements of the
Town of Marilla. The Town may agree to accept a deposit in lieu of
the bond at the request of the applicant. The amount of the bond or
deposit shall be established by the Highway Superintendent, and is
intended to allow the Town to complete restoration if the applicant
fails to do so.
Upon completion of the work and restoration
of the site to the satisfaction of the Highway Superintendent, the
bond shall be returned for cancellation or the deposit returned. If
work is not completed and/or restoration of the site has not occurred
to the satisfaction of the Highway Superintendent, the Town shall
call on the bonding company to restore the site or apply the deposit
towards the cost of restoration of the site. Any remaining balance
after completion shall be returned to the applicant. If costs of restoration
shall exceed the amount of the bond or the deposit, the applicant
shall remain liable for any deficiency and shall pay such deficiency
within 10 days after receipt of notice. If payment is not made within
such ten-day period, the Town shall be entitled to obtain a judgment
against applicant in the amount of the deficiency and to interest
at the statutory rate allowed by law.
[Added 12-14-2006 by L.L.
No. 2-2006]
Any person, firm or corporation who shall violate
any provision of this article shall, upon conviction, be subject to
a maximum fine of $250 or a maximum term of imprisonment of 15 days,
or both, for each offense.
[Adopted 10-8-2015 by L.L. No. 3-2015]
This article shall be known as "Local Law No. 3-2015" and shall
be titled "Snowplowing."
The purpose of this article is to adopt a local law regulating
the plowing of snow, ice and other material to prevent obstruction
of fire hydrants used in fire protection in the Town of Marilla.
A.
No person, firm, corporation or other legal entity, other than a
municipal employee performing his/her lawful duties in snow removal,
shall plow, shovel, sweep or pile snow, ice or other such material
so as to obstruct the sight of or access to any fire hydrant within
the Town of Marilla.
B.
No such person, firm, corporation or other legal entity, other than
a municipal employee performing his/her lawful duties in snow removal,
shall solicit or request any third party to plow, shovel, sweep or
pile snow, ice or other such material so as to obstruct sight of or
access to any fire hydrant within the Town of Manilla.
The enforcement of this article shall be by the Code Enforcement
Officer or the Fire Marshal of the Town of Marilla and by such other
persons as may be authorized by the Town Board of the Town of Marilla
in addition to any duly authorized law enforcement officer of the
State of New York.
Any person, firm, corporation or other legal entity violating
any provision of this article shall be deemed to have committed an
offense punishable by a fine not to exceed $250 or imprisonment for
a period not to exceed 15 days, or both.
