[Adopted 7-15-1985 by L.L. No. 4-1985]
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 in 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.
The Highway Superintendent of the Town of Onondaga.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
The Town of Onondaga.
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 has been formally conveyed or dedicated to
the Town, offered for dedication but not yet accepted or laid out
by the Town Highway Superintendent as a highway-by-user or pursuant
to statute. The term "highway" 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, ditches, shoulders and sidewalks.
[Amended 6-15-1987 by L.L. No. 5-1987]
This article shall not apply to the following:
A.
No person shall excavate in, under, over or through a Town highway
or perform any construction within or otherwise interfere with a Town
highway without first obtaining a permit for such work from the Highway
Superintendent. Any such work performed shall fully comply with all
conditions under which said permit is granted.
B.
No person shall construct or install a driveway entrance or exit
or driveway culvert along a Town highway without first obtaining the
written approval of the Highway Superintendent, who may, as a condition
to granting such approval, impose such reasonable requirements as
he deems necessary. No certificate of occupancy shall be issued with
respect to any property for which a driveway entrance or exit or driveway
culvert has been constructed or installed until the Highway Superintendent
has certified, in writing, that said construction or installation
is acceptable and in conformity with all requirements established
by him. This provision shall not apply to work performed by a developer
in accordance with a highway construction and maintenance agreement
between said developer and the Town pursuant to the Town's subdivision
regulations.[1]
[Amended 6-15-1987 by L.L. No. 5-1987]
C.
No person shall 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 within a Town highway.
D.
No person, including but not limited to the owner, lessee or occupant
of any premises, shall sweep, throw or deposit or cause to be swept,
thrown or deposited any snow or ice into any Town highway from lands
or premises abutting or adjoining such highway.
[Added 1-5-1987 by L.L. No. 1-1987]
A.
Applications for permits required under Subsection A of § 253-10 shall be made to the Highway Superintendent on a form prescribed by the Town Board. In cases 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.
Such permit shall be granted upon the following conditions and upon
such other reasonable conditions as the Highway Superintendent or
the Town Board may deem 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 that 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 that 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 that 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 permit, 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 that 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 that 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 subject to a maximum fine of $250 or to imprisonment for a period
not exceeding 15 days, or both, and each seven-day period of continued
violation shall constitute a separate offense hereunder. 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.
