[HISTORY: Adopted by the Town Board of the Town of Montgomery 5-5-1988 by L.L. No. 2-1988. Amendments noted where applicable.]
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]
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.
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.
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.
