[HISTORY: Adopted by the Town Board of the Town of Amherst 2-23-2026 by L.L. No. 1-2026. Amendments noted where applicable.]
The following terms shall have the meanings indicated:
APPLICANT
Means a resident or taxpayer of the Town or a corporation applying for a work permit.
HIGHWAY DEPARTMENT
Means the Highway Department of the Town of Amherst, New York.
SUPERINTENDENT OF HIGHWAY or SUPERINTENDENT OF HIGHWAYS or TOWN SUPERINTENDENT or HIGHWAY SUPERINTENDENT
Means the Superintendent of Highways of the Town of Amherst, New York.
TOWN
Means the Town of Amherst, New York.
UTILITY WORK PERMIT or WORK PERMIT
Means permit issued by the Highway Superintendent pursuant to this Local Law.
A. 
Applications for work permits must be approved in a manner consistent with Section 149 of the New York State Highway Law which provides that the Superintendent of Highways may, with the consent of the Town Board, issue work permit on Town right-of-way upon written application for such permit by a resident, taxpayer, or corporation. Applications for such permits are routine in nature and appropriate for administrative review and approval by the Highway Superintendent.
B. 
Pursuant to Section 149 of the New York State Highway Law, the Town Board permanently delegates its consent authority for utility work permits to the Superintendent of Highways. The Superintendent of Highways shall exercise such authority until it is revoked by a resolution passed by the Town Board.
C. 
No person shall install, erect, hang, lay, bury, draw, emplace, construct, repair, or reconstruct any right-of-way facility upon, across, beneath, or over any public right-of-way and/or bike path in the Town without first obtaining a work permit from the Highway Department.
If any section, clause or provision of this chapter or the application thereof to any persons is adjudged invalid, the adjudication shall not affect other sections, clauses or provisions or the application thereof which can be sustained or given effect without the invalid section, clause or provision or application, and to this end the various sections, clauses or provisions of this chapter are declared to be severable.