[Adopted 1-13-2004 by L.L. No. 1-2004]
No person, firm or corporation shall construct or improve, within
a Town road right-of-way, an entrance or connection to such road,
or construct within the Town road right-of-way any works, structure
or obstruction, or any overhead or underground crossing thereof, or
lay or maintain therein underground wires or conduits or drainage,
sewer or water pipes, except in accordance with the terms and conditions
of a work permit issued by the Town Highway Superintendent or his
duly designated agent.
The Town Highway Superintendent shall establish regulations
governing the issuance of highway work permits, including the fees
to be charged therefor, a system of deposits of money or bonds guaranteeing
the performance of the work and requirements of insurance to protect
the interest of the Town during performance of the work pursuant to
a highway work permit.
With respect to driveway entrance permits, the regulations shall
take into consideration the prospective character of the development,
the traffic which will be generated by the facility within the reasonably
foreseeable future, the design and frequency of access to the facility,
the effect of the facility upon drainage as related to existing drainage
systems, the extent to which such facility may impair the safety and
traffic-carrying capacity of the existing Town road and any proposed
improvement thereto within the reasonably foreseeable future, and
any standards governing access, nonaccess or limited access which
have been established by the Town Highway Superintendent.
Upon completion of the work within the Town road right-of-way
authorized by the work permit, the person, firm or corporation, and
his or its successors in interest, shall be responsible for the maintenance
and repair of such work or portion of such work as set forth within
the terms and conditions of the work permit.
Any person, firm or corporation violating this article shall
be liable to a fine of not less than $25 nor more than $250 or imprisonment
for a term not to exceed 15 days, or both, for each day of violation,
to be recovered by the Town Highway Superintendent and paid to the
Town, and such person, firm or corporation may also be removed therefrom
as a trespasser by the Town Highway Superintendent upon petition to
the County Court of the county or to the Supreme Court of the state.