No one shall lay, maintain, construct or otherwise
affect Town highways under the travel part of the highway except in
accordance with the following provisions and procedures.
A written application must be submitted to the
Town Superintendent of Highways and the Town Board requesting permission
for underground crossing by and the laying and maintenance of drainage,
sewer and water pipes and other utilities, such as gaslines and underground
cable, within any portion of any Town highway. Public utility companies
under emergency conditions may retroactively, within three business
days, make application for the required permit.
Permission may only be granted
for the purposes of sewerage, drainage, supplying premises with water
and other utilities and similar purposes.
Such permission shall be granted upon the condition
that such pipes and hydrants or crossings shall be solely laid, set
or constructed as not to interrupt or interfere with public travel
upon the highway, and upon the further condition that the applicant
will replace the earth removed and leave the highway in all respects
in as good a condition as before the laying of said pipes or construction
of such, and that such applicant will keep such pipes and hydrants
or crossings in repair and save the Town harmless from all damages
which may accrue by reason of their location in the highway, and that
upon notice by the Town Superintendent of Highways, the applicant
will make the repairs required for the protection or preservation
of the highway.
A permit of the Town Superintendent of Highways,
with the consent of the Town Board and the acceptance of the application,
shall be executed in duplicate, one of which shall be filed in the
office of the Town Clerk in the Town of Wales and the other in the
office of the County Highway Superintendent.
Each application must be submitted with a bond
issued by a licensed insurance company in the State of New York, which
bond shall be in an amount determined by the Town Board of the Town
of Wales. Such bond is to insure compliance with the required permit
and shall continue one year from completion of the construction. If
the construction is determined to be in compliance with the Town standards
at that time, said bond will be surrendered to the permittee.
In the event that the applicant shall fail to
make any of the repairs required to be made under the permit, said
repairs may be made by the Town Superintendent of Highways at the
expense of the applicant, and such expenses shall be a lien, prior
to any other lien, upon the land benefited by the use of the highway
for such pipes, hydrants or structures.
The Town Superintendent of Highways may revoke
such permit upon the applicant's failure to comply with any of the
conditions contained herein. Upon revocation of the permit, the bond
will be subject to forfeit.
The Town Board shall establish the form of the
permit to be issued. The form may be amended by the Town Board from
time to time.
A.
Any person, firm or corporation violating any provisions
of this article, including failure to obtain a license required hereby,
shall, upon conviction, be subject to a fine of not more than $250
or to imprisonment for a term of not more than 15 days, or both, together
with any costs to the Town, plus reasonable attorney's fees, if any.
B.
In addition to the penalties provided above, the Town
Board may also maintain an action or proceeding in the name of the
Town in a court of competent jurisdiction to compel compliance with
this article or to restrain by injunction the violation of this article.
