[Adopted 2-10-1992 by L.L. No. 2-1992]
The Town Board of the Town of Royalton finds that excavating
and work within Town right-of-way areas may be hazardous to the public;
places an undue burden on the officials of the Town charged with the
responsibility of maintaining such highways; and that the monitoring
of all work done within highway rights-of-way according to specific
standards authorized by § 130(7)(a) of the Town Law of the
State of New York will be in the best interests of the health, safety
and welfare of the citizens and property of the Town.
This article shall be entitled the "Town Road Work Permit Law
of the Town of Royalton."
This article shall apply to all that portion of the Town of
Royalton outside the Village of Middleport.
A.
No person, firm, corporation or municipality shall construct or improve,
within any 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 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 Highway Superintendent of the Town
of Royalton or his duly designated agent.
B.
The Town Board, with the advice of the Highway Superintendent of
the Town of Royalton, shall establish by resolution regulations governing
the issuance of Town 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 interests of the Town during performance of the work pursuant
to a Town highway work permit.[1]
C.
Upon completion of the work within the Town road right-of-way authorized
by the work permit, the person, firm, corporation, municipality 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.
A.
Any violation of this of this article shall be punishable by a fine
not to exceed $250, or by imprisonment not to exceed 15 days, or by
both such fine and imprisonment.
B.
In addition, any violation of this article or any work permit issued
in accordance with the regulations duly adopted by the Town Board
will result in the immediate revocation of such permit and the removal
of any encroachments placed within the highway right-of-way in violation
of this article or any work permit issued hereunder.