[HISTORY: Adopted by the Town Board of the Town of Irondequoit 2-26-2002 by L.L. No. 4-2002. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Right-of-Way Law of the Town of Irondequoit."
The placement of obstructions in, and the paving of, a public right-of-way within the Town of Irondequoit is detrimental to the health, safety and general welfare of the community. The same also constitutes an attractive nuisance to children and in many ways imperils their safety. Obstructions and paving of any sort creates dangerous situations by obstructing the view of pedestrians or motorists, damaging Town tree root systems, lawns and the roadway and is also unsightly and depreciates all property values. The control of the public right-of-way within the Town of Irondequoit is, therefore, regulated for the preservation of the health, safety and general welfare of the community.
As used in this chapter, the following terms shall have the meanings indicated:
- As used herein, shall include public service corporations such as Rochester Gas & Electric, Rochester Telephone, Time Warner Cablevision, Sea Breeze Water Authority and the Monroe County Water Authority.
- Includes but is not limited to lumber, wood or logs, rocks, pipes, wooden posts, building materials and supplies, abandoned machines, vehicles or implements, fences, buildings or structures, earth, stone, vegetation, snow, athletic equipment or other material within the boundaries of a highway. (Leaf/brush piles may be left on the right-of-way only the week of the regularly scheduled pickup. For refuse collection regulations, see Chapter 192.)
- The land owned by the state, county or Town which is occupied or intended to be occupied by a road, sidewalk, and/or utility lines, such as electric, gas, oil, water, sanitary sewer or storm sewer. The right-of-way shall include the road, the sidewalk and grass area.
It shall be unlawful for any person, firm or corporation to store or deposit or erect any obstruction on the right-of-way. It shall be the responsibility of the property owner to promptly remove all obstructions within the right-of-way adjacent to their property and to restore the right-of-way to its original condition and design.
The right-of-way shall not be paved or stoned under any circumstances without written approval from the Commissioner of Public Works/Superintendent of Highways. Whenever paving or stoning has occurred without the written approval from the Commissioner of Public Works/Superintendent of Highways, it is the responsibility of the property owner to restore the right-of-way to its original condition and design.
No person or corporation shall open, disturb or work, or erect fences or structures, or plant trees, or cause to be opened or disturbed by cutting, missiling, boring, digging, resurfacing or excavating the surface, soil, pavement or sidewalk, within any street, highway, sidewalk or right-of-way, for any purpose whatsoever without having:
Secured a permit to perform such work from the Commissioner of Public Works/Superintendent of Highways.
Provided notice to the Commissioner of Public Works/Superintendent of Highways of the specific location of each such excavation.
Secured any necessary site plan approvals required by the Town.
The Commissioner of Public Works/Superintendent of Highways may issue a permit to any applicant meeting the following qualifications:
Such applicant or the applicant's agent shall have filed in the office of the Commissioner an insurance certificate showing coverage as determined by the Commissioner of Public Works/Superintendent of Highways. The insurance certificate shall name the Town of Irondequoit as an additional insured and shall include the coverage of completed operations.
Such applicant shall have paid the appropriate fee to the Town as established by the Commissioner of Public Works/Superintendent of Highways.
Such applicant shall have completed and signed a right-of-way application form provided by the Commissioner of Public Works/Superintendent of Highways, which shall include a statement that the applicant has received and will comply with the standards and specifications of the Town for work within its rights-of-way.
Such applicant shall not have had a permit revoked within the past three years.
Such applicant shall have either:
Duly obtained a franchise from the Town Board for the use of the Town's rights-of-way; or
Signed an agreement, in a form as prepared by the Commissioner, committing the applicant to retroactively comply with any franchise legislation duly adopted by the Town and uniformly applicable to similar users of the Town's rights-of-way, or to remove the applicant's facilities promptly after adoption.
These qualifications shall not apply to property owners or their agents engaged in the construction or maintenance of driveways, commercial entrances or mailboxes.
A-1: shall permit the holder to maintain existing facilities, including emergency repairs, install new services from mains to existing structures, widen or resurface existing driveways, open cutting of the road or other work permitted as single jobs. The permits shall be valid only for the calendar year in which they are issued.
A-2: shall permit the holder to resurface existing driveways or other work permitted as single jobs. The permits shall be valid only for the calendar year in which they are issued.
Fees for annual maintenance contract permits shall be established from time to time by resolution of the Town Board.
The permit holder shall not assign, transfer or otherwise dispose of the permit to any person or corporation.
Notice to the Town of the location of work requiring such permits shall be upon forms or facsimiles thereof as developed by the Commissioner of Public Works/Superintendent of Highways. Notice to the Town for emergency repairs shall be made no later than one business day after the start of the work. Notice to the Town for all other work shall be furnished at least five business days prior to the start of the work. For these purposes, "emergency repairs" shall be defined as those unforeseeable repairs to existing facilities necessary to protect the public from imminent danger or necessary to assure uninterrupted utility service and shall also be defined to include new, temporary facilities as necessary to provide continuous utility service while repairs are made to existing facilities.
The Commissioner of Public Works/Superintendent of Highways may revoke any permit issued hereunder for any or all of the following reasons:
Failure to maintain an insurance certificate showing the required coverage for the entire duration of any work.
Failure to pay fees.
Failure to provide the required notice of the location within the required schedule.
Failure to adhere to the Town's standards and specifications for work within the right-of-way.
Other good and sufficient reason.
The Town specifications and standards shall be proposed from time to time by the Commissioner of Public Works/Superintendent of Highways and shall be adopted and amended by resolution of the Town Board. These standards shall deal with such subjects as the materials to be used, the tools and techniques, the execution of the work, the restoration of the site and the maintenance and protection of traffic.
The following are hereby adopted as a part of the Town's standards and specifications:
All maintenance and protection of traffic shall be in complete accord with the New York State Manual of Uniform Traffic Control Devices, as it may be amended from time to time by the State of New York.
All disturbed areas within the right-of-way are to be restored to their original condition on a schedule to be approved by the Commissioner of Public Works/Superintendent of Highways. Absent satisfactory evidence from the applicant to the contrary, it shall be presumed that the facilities, in their undisturbed condition, were fully operable, safe for public travel and in good condition.
All utilities and facilities in the area of the work are to be located, protected and (if disturbed or damaged) repaired by the permit holder.
The highway must be kept clean of mud, dirt and other debris at all times.
No asphalt may be placed over sidewalks.
Temporary pavement must be immediately placed in all road cuts until weather conditions permit permanent pavement restoration.
The permittee must maintain the road cut (temporary and permanent) until the road is overlaid.
The Commissioner of Public Works/Superintendent of Highways, in granting a permit, may impose any and all special conditions as may be reasonably required to protect the interests of the Town and of all other users of the Town rights-of-way.
Work shall be conducted only after specific notice to the Commissioner of Public Works/Superintendent of Highways as provided in § 199-11 above and only if no verbal or written notice to the permittee to suspend work has been provided by the Commissioner of Public Works/Superintendent of Highways or designee. Work shall be delayed, at the direction of the Commissioner of Public Works/Superintendent of Highways, as necessary to coordinate it with the work of the Town or with the approvals of related developments.
The following activities within the right-of-way shall not require a permit:
In the event that any permit holder fails to do anything required hereunder, the Highway Superintendent may cause the same to be done, and the cost of the same shall be charged to the permit holder who shall be liable therefor.
The Commissioner of Public Works/Superintendent of Highways or his designee(s), Building Inspector, Fire Marshal, Code Compliance Inspector or Irondequoit Police Department may from time to time require notice to be served upon owners, as hereinafter provided, to remedy any of the foregoing conditions which may exist upon the land, in addition to other Town Code violations which may exist. Compliance is required within seven days of receipt of notice, or longer if specified by the Commissioner of Public Works/Superintendent of Highways or his designee(s). If there is an immediate danger to pedestrian or vehicular traffic, the obstruction may be removed immediately by the Town without prior notification to the property owner.
Whenever the Commissioner of Public Works/Superintendent of Highways or his designee(s), Building Inspector, Fire Marshal or Code Compliance Inspector, or Irondequoit Police Department requires the owners of land to correct violations of this chapter, the notice shall specify the place, manner and time (not less than seven days from the receipt of said notice) within which such work shall be completed. The notice shall be served upon such owner or owners by registered or certified mail addressed to his or her or their last known address.
Whenever a notice or notices has been or have been served upon such owner or owners of the respective lots or parcels of land to correct violations of this chapter, and such owner or owners shall neglect or fail to comply with the requirements of such notice or notices within the time provided therein, the Commissioner of Public Works/Superintendent of Highways shall be notified of said violation(s) and shall authorize the work to be done. The cost thereof, including costs of restoration of the right-of-way to its original condition and design, shall be paid out of the general Town funds to be appropriated by the Town Board for such purposes. The same procedure shall apply to emergency situations described above.
The Commissioner of Public Works, Building Inspector, Fire Marshal or Code Compliance Inspector may issue an appearance ticket subscribed by him or her directing the owner or owners to appear in a designated local criminal court at a designated future time in connection with this alleged commission of a designated offense of this chapter. Each day that passes without the proper restoration of the right-of-way shall constitute a separate offense. A violation of this chapter will constitute a Class B violation.
Should the Commissioner of Public Works/Superintendent of Highways authorize work to be done for removal of obstructions and restoration of the right-of-way to its original condition and design, then the Public Works/Highway Department shall be reimbursed for the cost, including out-of-pocket administrative expense of the work performed or services rendered by direction of the Commissioner of Public Works/Superintendent of Highways, as hereinabove provided, by assessment and levy upon the lots or parcels of land wherein such work was performed or such services rendered, and the expenses so assessed shall constitute a lien and charge on the real property on which it is levied until paid or otherwise satisfied or discharged and shall be collected in the same manner and at the same time as other Town charges.