[Adopted 10-4-2000 by L.L. No. 6-2000]
The Town Board of the Town of Lockport finds
that excavating and work within Town right-of-way areas may be hazardous
to the public and places burden on the officials of the Town charged
with the responsibility of maintaining such highways and that the
regulation of work done within highway rights-of-way as authorized
by § 130, Subdivision 7(a), of the Town Law of the State
of New York, and other provisions of law 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 Lockport."
This article shall apply to the Town of Lockport.
As used in this article, the following terms
shall have the meanings indicated:
Includes any person, partnership, firm, corporation, municipality,
utility or any other entity.
Any excavation, drilling, construction, erection of poles,
laying or stringing of wires, placement of culverts, drains, conduits,
sewer or water pipes, or any other structure, excluding mailboxes.
A.
No person shall perform any work within the right-of-way
of any Town road or highway without first obtaining a permit for such
work from the Superintendent of Highways of the Town of Lockport.
B.
Any person desiring to perform work in the Town highway
right-of-way shall make application for such work permit on an application
provided by the Superintendent of Highways and shall pay the fee established
for such permit upon submission of the same and prior to processing
by the Superintendent of Highways.
C.
The Superintendent of Highways may require additional
information as needed to determine whether to issue a permit, and
the conditions thereof, and may require detailed plans, specifications
and blueprints stamped by a licensed architect or engineer. This requirement
may be waived in the discretion of the Superintendent of Highways
where they are not necessary for a determination.
D.
No permit shall be issued where the Superintendent
of Highways determines that the work will unduly damage highways,
impair safety, or impose an undue burden on the Town or where the
purpose may, in the opinion of the Superintendent of Highways, be
accomplished without utilizing the highway right-of-way. No permit
shall be issued where the work sought to be performed will unduly
interfere with or duplicate that of municipalities or public utilities.
E.
The Superintendent of Highways may, wherever he determines
it to be in the best interest of the Town, require boring or drilling
under the roadway, as opposed to highway cuts.
F.
The fee for a permit shall be $50 or such different
fee as the Town Board shall, from time to time, determine by resolution.
Said fee is for permit processing, and an additional amount may be
required for expenses incurred by the Town resulting from the work.
G.
Any person expecting to apply for multiple permits
in any one calendar year may pay a fee of $200 upon the filing of
said application, or such different fee as the Town Board may determine
from time to time, by resolution, and said fee shall cover all permits
obtained during the calendar year.
[Added 8-8-2001 by L.L. No. 9-2001]
The Town Board may from time to time, by resolution,
establish additional regulations governing the issuance of Town highway
work permits.
The Superintendent of Highways may require,
in his discretion, the posting of a bond or of a cash deposit in an
amount estimated by him to be necessary to repair any damage to the
Town highway, as a condition for issuance of a highway work permit.
Any person who has existing work, consisting
of any underground wires, cables, conduits, pipes, or water or sewer
lines, located in the right-of-way of any Town highway shall, within
30 days of the effective date of this article, file a map with the
Superintendent of Highways locating said work with reasonable accuracy.
The Town of Lockport shall not be responsible for damage to any work
in highway rights-of-way where such map has not been filed.
A.
Any violation 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. No person violating this article
shall be excused from punishment because he is employed by a corporation
or other entity.
B.
In addition, any violation of this article or any
work permit issued shall constitute the revocation of such permit.
Any work performed in violation of this article shall be immediately
removed, and the Town Superintendent of Highways is authorized to
cause such removal and repair and restoration of the highway right-of-way,
and the cost of such removal, restoration and repair shall be borne
by the person violating this article or the permit.
C.
The Town shall be entitled to obtain an injunction
in Supreme Court to prevent any violation of this article or of the
terms of a permit and to recover any and all damages caused by a violation
of this article or the terms of a permit, including costs, expert
and engineering fees and attorney fees, and any cost of removing any
work and of repairing or remediating the highway and other Town facilities.
