[HISTORY: Adopted by the Town Board of the Town of Montgomery 5-5-1988 by L.L. No. 2-1988. Amendments noted where applicable.]
GENERAL REFERENCES
Subdivision of land — See Ch. 200.
Zoning — See Ch. 235.
A. 
This chapter is enacted to provide for a unified procedure for the acquisition of a road-opening permit or a driveway entrance permit for all such activities involving Town highways, highways offered for dedication and public rights-of-way within the Town of Montgomery.
B. 
The Town Board finds an increasing number of new driveways are being connected to existing Town highways, highways offered for dedication and public rights-of-way, and, in some instances, existing drainage networks and road surfaces have been obstructed or adversely affected. The Town Board further finds that utility and other lines are being constructed under such highways, and, in some instances, such installations have adversely affected the condition of the highway surface, drainage and shoulders and have unduly impeded the free flow of vehicular traffic.
C. 
The intent of this chapter is to regulate the subject activities by instituting a permit process, which will include an application, schedule of fees, design requirements, performance security, liability insurance, a schedule of performance and inspection by the Town Highway Superintendent or his authorized designee.
This chapter is enacted under the authority of the New York State Constitution, Article IX, § 2; the New York State Municipal Home Rule Law Article 2; the relevant provisions of the Highway Law for the State of New York; and the general police power vested with the Town of Montgomery to ensure the health, safety and welfare of the residents and motorists within the Town of Montgomery.
A. 
It shall be a violation of this chapter for any persons, firm, private or public corporation or business entity of any kind to connect a private driveway to a Town highway, dedicated roadway or public right-of-way without first securing a driveway entrance permit from the Town of Montgomery Highway Superintendent or his authorized designee. No building permit for a structure requiring the installation of a new driveway shall issue from the Town of Montgomery Code Enforcement Officer until a valid permit under this chapter has been secured from the Town of Montgomery Highway Superintendent. No material trucks or other vehicles, including, without limitation, excavating machines, cement and block trucks, lumber and septic tank delivery trucks or any like machines or vehicles, shall exit or enter any Town highway, highway offered for dedication or public right-of-way until a valid permit has been obtained under this chapter.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
It shall be a violation of this chapter for any person, firm, private or public corporation or business entity of any kind to excavate, cut, dig or trench any part of any Town highway, dedicated roadway or public right-of-way, including shoulders and drainage systems, or to construct, install or cause to be constructed or installed any utility or other service line in or under such roadway without first obtaining a road-opening permit from the Town Highway Superintendent or his authorized designee.
A. 
Every person or entity requiring a permit under this chapter shall duly complete an application for the same on a form prescribed by the Town of Montgomery Highway Superintendent. The application shall contain at least the following:
(1) 
The name, address and telephone number of the applicant.
(2) 
The name of the road to be affected.
(3) 
The location of the proposed work area.
(4) 
A statement as to the nature and purpose of proposed work, including plans and designs in a form acceptable to the Town of Montgomery Highway Superintendent.
(5) 
The estimated date of commencement and completion of the work.
(6) 
Pavement to be disturbed, if any, including length.
(7) 
Shoulder to be disturbed, if any, including length.
(8) 
Drainage network to be disturbed, if any, including length and description.
(9) 
Written proof of liability insurance (certificate/binder/policy) with coverage of not less than $1,000,000 per occurrence, $2,000,000 general aggregate, and which names the Town of Montgomery and the Town of Montgomery Highway Superintendent as an additional insured and/or certificate holder. Such minimum insurance coverage requirement for such permits shall hereafter be set through resolution of the Town Board of the Town of Montgomery, as may be amended from time to time.
[Amended 8-10-2017 by L.L. No. 1-2017]
(10) 
Proof of required workers' compensation coverage for any employees.
B. 
Security deposit.
(1) 
Each application shall be accompanied by a security deposit consisting of cash, certified check, letter of credit or any other security if acceptable to the Town Highway Superintendent and the Municipal Attorney. The amount of security shall be adequate, in the estimation of the Town Highway Superintendent, to cover the cost of restoring the roadway, shoulders and drainage network to their original condition upon completion of the project. The security deposit shall be held in escrow by the Town of Montgomery pending final inspection and approval of the project by the Town Highway Superintendent, after which the security deposit shall be returned to the applicant within 30 days.
(2) 
Any person, firm or corporation whose business is of such nature as would require the acquisition of frequent permits under this chapter, may, at the discretion of the Town Highway Superintendent, provide a general security deposit on an annual basis, in an amount and form to be ascertained by the Town Highway Superintendent and approved by the Municipal Attorney.
(3) 
Amount of security deposit.
[Added 4-12-2018 by L.L. No. 5-2018]
(a) 
The required amount for the security deposit for a residential driveway permit is $1,000, and the required amount for the security deposit for a commercial driveway and road-opening permit is $1,700.
(b) 
Such security deposit amounts for such permits shall hereafter be set through resolution of the Town Board of the Town of Montgomery, as may be amended from time to time.
C. 
Fees.
[Amended 8-10-2017 by L.L. No. 1-2017; 4-12-2018 by L.L. No. 5-2018]
(1) 
Each application under this chapter shall be accompanied by a nonrefundable application fee as follows:
(a) 
Each application for a residential driveway entrance permit: $100.
(b) 
Each application for a commercial driveway entrance permit and road-opening permit: $200.
(2) 
Such nonrefundable application fees for such permits shall hereafter be set through resolution of the Town Board of the Town of Montgomery, as may be amended from time to time.
Unless a specific waiver is granted by the Town Highway Superintendent, the following standards, in addition to all other applicable rules, laws, regulations and road specifications of the Town of Montgomery, shall apply for all work performed under this chapter.
A. 
Road openings. Wherever possible and practical, in the estimation of the Town Highway Superintendent, the installation of underground utility or other service lines shall be accomplished with subsurface boring or channeling, as opposed to conventional trenching.
(1) 
If conventional trenching must be utilized, the length of the trench to be opened shall be limited so as to provide a minimum of open trench at any one time. Trench excavation shall provide for orderly flow of traffic at all times.
(2) 
If conventional trenching must be utilized, all backfill must be of new controlled-density fill and must be properly compacted with a mechanical tamper. All final replacement road surfaces must consist of at least three inches of blacktop (hot mix). Cold-mix patch as a final surface is unacceptable, and, if weather conditions preclude the use of hot-mix blacktop, the applicant must, within 10 days of receipt of notice from the Town Highway Superintendent, return to the site and install the proper amount of hot-mix blacktop. No security deposit shall be returned until all such work is completed. In the event that the final surface is not installed within such time period, the Town Highway Superintendent may perform the work and charge against the security deposit accordingly.
B. 
Driveway entrances.
(1) 
All plans and work performed must satisfy the Town Highway Superintendent or Town Engineer, if necessary, that all natural and man-made drainage systems will not be adversely impacted and that the installation of the driveway will not create additional maintenance duties for the Town of Montgomery Highway Department.
(2) 
At the discretion of the Town Highway Superintendent, the applicant may be required to install a blacktop or crushed-stone entrance pad or a suitable gravel or Item No. 4 base of sufficient depth, width and length to ensure the proper connection to any existing or proposed Town highway or right-of-way.
(3) 
The applicant also shall be bound by any entrance construction detail contained within any application otherwise required by Chapter 235, Zoning, of the Code of the Town of Montgomery or contained within any approvals for site plan, subdivision, special exception use permit or variance.
C. 
All projects.
(1) 
Any existing pavement which has been removed, broken, scarified or which has crumbled due to excavation or the instruments thereof shall be fully and satisfactorily replaced.
(2) 
The Town Highway Superintendent may determine that, due to numerous cuts, gouges, scars, settlement irregularities and patches existing as a result of any permitted work hereunder, the applicant will be required to top the road the full width and length of the area adversely affected with an approved final surface as determined by the Town Highway Superintendent.
(3) 
Work shall be performed pursuant to a phased schedule, if the Town Highway Superintendent deems the project of such magnitude to require the same. All phases of work shall be upon at least 48 hours' notice to the Town Highway Superintendent.
Nothing contained in this chapter shall be deemed a waiver of any other requirement existing or subsequently enacted, including, without limitation, the highway specifications for the Town of Montgomery, with regard to the construction, maintenance and improvement of public roadways within the Town of Montgomery.
A. 
The permit shall not be assigned or transferred except with the written consent of the Town Highway Superintendent.
B. 
The work authorized by the permit shall be done to the complete satisfaction of the Town Highway Superintendent or his representative.
C. 
Notice shall be given by said applicant to the Town Highway Superintendent at least 48 hours in advance of the date when the work is to begin.
D. 
The applicant will agree to indemnify and save harmless the Town of Montgomery and the Town of Montgomery Highway Department from all suits, actions or damages of every kind whatsoever which may arise from or on account of the work to be done under this permit. General liability insurance for the protection of the applicant and the Town will be maintained in such an amount and in such company and in such case as the Town Highway Superintendent may require.
E. 
The applicant will agree, in consideration of the permit, that any present or future injury to or disturbance of the road, its pavement, shoulders, its slopes or gutters caused by the work proposed and performed under the permit shall be repaired by the applicant at its own expense and to the complete satisfaction of the Town Highway Superintendent.
F. 
The Town Highway Superintendent reserves the right to revoke or cancel the permit at any time should the applicant fail to comply with the terms and conditions therein prescribed.
G. 
The applicant's approved copy of the permit shall be in possession of the parties actually doing the work. It must be furnished on demand, to the Town Highway Superintendent or his representative.
H. 
The permit is subject to such other consents as are required by law.
I. 
Traffic shall be maintained on the section of the road by the applicant during the life of the permit.
J. 
The applicant must certify that it has secured compensation for the benefit of, and will keep insured during the performance of the above-described work, such employees as are required to be insured by the provisions of Chapter 41 of the Laws of 1914 and Acts amendatory thereof, known as the "Workers' Compensation Law."
Any person violating any provision of this chapter shall be guilty of a violation for each such offense and the person shall be subject to a fine of not more than $250 or a term of imprisonment of not more than 15 days, or both such fine and imprisonment, for each offense hereunder.