[Adopted 3-10-1987 by L.L. No. 1-1987]
For the purposes of this article, the following
words, phrases and terms and their derivations shall have the meanings
given herein. When not inconsistent with the context, words used in
the present tense include the future, words used the plural number
include the singular, words used in the singular number include the
plural and words in the masculine include the feminine. The word "shall"
is always mandatory and not merely directory.
Includes a street, avenue, road, square, place, alley, lane,
boulevard, concourse, parkway, driveway, overpass and underpass and
also includes all items appurtenant thereto, including, but not limited
to, bridges, culverts, shoulders and sidewalks, as may be included
within said boundary lines and owned or maintained by the Town.
The Highway Superintendent of the Town of Clinton.
Any person, firm, partnership, association, corporation,
company, or organization of any kind.
The Town of Clinton.
The Town Board of the Town.
All the land located within the boundary lines of any property
owned or maintained by the Town for highway purposes irrespective
of whether such property was deeded or dedicated to the Town or laid
out by the Town Highway Superintendent as a highway-by-user or pursuant
to statute.
This article shall not apply to the following:
No person shall:
A.
Excavate in, under, over or through a Town highway
or perform any construction within a Town highway without first obtaining
a permit for such excavation or construction from the Highway Superintendent,
or otherwise interfere with a Town highway; or [1]
B.
Construct, connect, or install a driveway entrance
or exit along a Town highway, without first obtaining a permit for
such work from the Highway Superintendent, such permit to be issued
pursuant to application made on a form prescribed by the Town Board.
C.
Erect, place, deposit, or plant or cause to be erected,
placed, deposited or planted any fence, structure, device, tree, shrub,
or other object of a permanent nature that will either interfere with
the flow of traffic or in any way limit visibility within a Town highway.
A.
For applications for permits required under § 201-5A above, wherein the work to be performed within the Town highway has a cost in excess of $5,000, the consent of the Town Board shall be required. The consent of the Town Board shall also be obtained when required by other local or general law.
B.
Applications for permits required pursuant to § 201-5B above shall require the approval of the Highway Superintendent, who may, as a condition to granting such approval, impose such reasonable requirements as he deems necessary. This provision shall not apply to work performed in accordance with a highway construction and maintenance agreement between a developer and the Town pursuant to Chapter 206, Subdivision of Land.
C.
Such permits shall be granted upon the following conditions
and upon such other reasonable conditions as the Highway Superintendent
or the Town Board deems necessary:
(1)
The construction, excavation or other work shall not
interfere with the public travel upon the Town highway.
(2)
All work shall be performed in a manner satisfactory
to the Highway Superintendent or his representative.
(3)
The applicant shall backfill and otherwise leave the
highway in all respects in as good condition as before said work was
commenced.
(4)
The applicant shall, upon notice from the Highway
Superintendent, make any repairs required for the protection and preservation
of the highway, including any such repairs as may be required after
completion of the work. In the event the applicant shall fail or neglect
to make such repairs, then such repairs may be made by the Highway
Superintendent without further notice at the expense of the applicant.
In the further event such expenses are not paid by the applicant they
shall be a lien, prior to any other lien, upon the land benefited
by the construction for which the permit was granted.
(5)
The permit may be revoked by the Town Highway Superintendent
in the event the applicant shall fail or neglect to comply with any
of the conditions upon which said permit is granted or with the provisions
of this article.
A.
As a further condition to granting such permits, the
Highway Superintendent may require the applicant to deposit with the
Town cash or a certified check in an amount to be determined by the
Highway Superintendent. In reaching such determination the Highway
Superintendent shall consider the nature and scope of the work to
be performed, its anticipated cost, the duration of the work, the
responsibility of the applicant and any recommendations of the Town's
consulting engineers. The Town Board may authorize the acceptance
of a surety company bond in lieu of cash or a certified check.
B.
Such security shall secure the applicant's satisfactory
compliance with the conditions upon which the permit is granted and
with the provisions of this article. In the event the applicant fails
or neglects to make any repairs ordered by the Highway Superintendent,
or fails to restore the highway to its original condition or in any
other manner fails or neglects to satisfactorily comply with the conditions
upon which the permit is granted and the provisions of this article,
the Highway Superintendent is authorized to expend all or as much
of such security as may be necessary to correct and remedy the applicant's
failure or neglect. In the event the amount of security is insufficient
to cover the entire costs of such correction or remedy, the applicant
shall be liable for such excess cost.
Any person violating any of the provisions of this article shall be guilty of a Violation A, punishable as set forth in Chapter 137, Fines and Penalties. In addition, the Town, upon a violation of this article, may also institute an action or proceeding, including one seeking an injunction, to prevent or remedy such violation.
