[Adopted 2-14-2013 by L.L. No. 3-2013[1]]
[1]
Editor's Note: This local law also provided for the repeal of former Art. II, Street Openings, adopted 3-9-1988 by L.L. No. 4-1988.
This article shall be known as the "Highway Opening and Crossing Code of the Town of Owasco."
A. 
It shall be unlawful for any person to open an entrance upon or to excavate upon any Town highway or to cross any Town highway with a structure unless and until a permit shall have been granted by the Town Highway Superintendent.
B. 
It shall be unlawful for any person to excavate, alter or repave any existing entrance to any Town highway until a permit shall have been granted by the Town Highway Superintendent.
A. 
Application for such permits shall be made to the Town Highway Superintendent on forms provided therefor.
B. 
Before the permit required by § 122-4 herein shall be issued, the person so requesting the permit shall:
(1) 
Furnish to the Town Highway Superintendent a sketch showing the street and location of the entrance to be opened or to be excavated or crossed and the manner in which the opening, excavation or crossing shall be made, including the final slopes and drainage at the intersections of any entrance openings.
(2) 
Deposit a sum of at least $1,000, but not more than $5,000, in cash or certified check, at the discretion of the Town Highway Superintendent, as a good and sufficient bond for the repair of any street damaged as a result of an entrance opening, excavation or crossing to the specifications provided by the Town Highway Superintendent. The aforesaid deposit shall be returned to the permittee or his duly authorized agent upon inspection by the Town Highway Superintendent after the entrance opening, excavation or crossing has been completed, provided that such street has been restored to the specifications provided by the Town Highway Superintendent.
(3) 
Provide the Town of Owasco with a general certificate of insurance listing the Town of Owasco, 2 Bristol Avenue, Auburn, New York, 13021, as additional insured with at least $1,000,000 of general liability coverage and New York State statutory workers' compensation coverage.
In the event that the street is not restored to the specifications provided by the Town Highway Superintendent or the work has not been completed pursuant to the terms and conditions of the permit within 10 days after notice from the Town Superintendent of Highways, the deposit shall be forfeited to the Town, and the Town shall accept said deposit as damages for the damage done to said street and shall immediately restore the street to the specifications provided. Any moneys left over after the restoration of the street shall be returned to the permittee.
Any person making an opening in any street shall protect such opening by means of proper barricades and lights and maintain the same during the period of the construction work. Any opening found not to be properly protected shall immediately be closed by the Town and the cost thereof charged against the cash deposit hereinbefore provided for.
It shall be unlawful for any person to break down, remove or interfere with any such barrier so erected, or any part thereof, or to remove the lights without the consent of the Town Highway Superintendent.
Any person filing an application for a permit hereunder shall pay simultaneously with the filing of said application a fee of $25 to the Town. Said fee may be adjusted by resolution of the Town Board. In the event that such application for a permit should be denied, the aforesaid fee shall be returned to the applicant.
When a highway opening and crossing permit is required under the provisions of this article of this chapter of the Code of the Town of Owasco, no building permit for any construction may be issued by the Zoning Inspector unless the applicant has obtained a highway entrance opening permit pursuant to this article, and no certificate of occupancy may be issued by the Zoning Inspector until the Highway Superintendent approves, in writing, the construction of the driveway in relation to location, slope and drainage.
The Town Superintendent of Highways is hereby authorized, directed and delegated to enforce the provisions of this article.
A. 
The Town Board shall have the power, on appeal from a decision or determination of the Town Highway Superintendent, to reverse or affirm, wholly or partly, or may modify any decision or determination appealed from regarding this article.
B. 
The decision, interpretation or determination of the Town Highway Superintendent shall be filed in the office of the Town Clerk within five business days from the day it is rendered. An appeal shall be taken within 30 days after the filing of the decision, interpretation or determination of the Town Highway Superintendent and shall be filed at least 10 days prior to the scheduled meeting of the Town Board. All appeals shall be in writing, on forms established by the Town Board, which shall be available from the Zoning Enforcement Officer and shall specify the grounds for the appeal and the relief sought.
Any person who shall violate this article is guilty of a violation and subject to punishment under the Penal Law of the State of New York. Each week's continued violation of this article shall constitute a separate additional violation.