No one shall lay, maintain, construct or otherwise affect Town highways under the travel part of the highway except in accordance with the following provisions and procedures.
A written application must be submitted to the Town Superintendent of Highways and the Town Board requesting permission for underground crossing by and the laying and maintenance of drainage, sewer and water pipes and other utilities, such as gaslines and underground cable, within any portion of any Town highway. Public utility companies under emergency conditions may retroactively, within three business days, make application for the required permit.
Permission may only be granted for the purposes of sewerage, drainage, supplying premises with water and other utilities and similar purposes.
Such permission shall be granted upon the condition that such pipes and hydrants or crossings shall be solely laid, set or constructed as not to interrupt or interfere with public travel upon the highway, and upon the further condition that the applicant will replace the earth removed and leave the highway in all respects in as good a condition as before the laying of said pipes, or construction of such, and that such applicant will keep such pipes and hydrants or crossings in repair and save the Town harmless from all damages which may accrue by reason of their location in the highway, and that, upon notice by the Town Superintendent of Highways, the applicant will make the repairs required for the protection or preservation of the highway.
A permit of the Town Superintendent of Highways, with the consent of the Town Board and the acceptance of the application, shall be executed in duplicate, one of which shall be filed in the office of the Town Clerk in the Town of Holland and the other in the office of the County Highway Superintendent.
Each application must be submitted with a bond issued by a licensed insurance company in the State of New York, which bond shall be in an amount determined by the Town Board of the Town of Holland. Such bond is to insure compliance with the required permit and shall continue one year from completion of the construction. If the construction is determined to be in compliance with the Town standards at that time, said bond will be surrendered to the permittee.
In the event that the applicant shall fail to make any of the repairs required to be made under the permit, said repairs may be made by the Town Superintendent of Highways at the expense of the applicant, and such expenses shall be a lien, prior to any other lien, upon the land benefited by the use of the highway for such pipes, hydrants or structures.
[Amended 7-13-1988 by L.L. No. 2-1988]
The Town Superintendent of Highways may revoke such permit upon the applicant's failure to comply with any of the conditions contained herein. Upon revocation of the permit, the bond will be subject to forfeit.
The Town Board shall establish the form of the permit to be issued. The form may be amended by the Town Board from time to time.
[Added 7-13-1988 by L.L. No. 2-1988]
Any person, firm or corporation violating any provisions of this chapter, including failure to obtain a license required hereby, shall, upon conviction, be subject to a fine of not more than $250 or to imprisonment for a term of not more than 15 days, or both, together with any costs to the Town, plus reasonable attorney's fees, if any.
In addition to the penalties provided above, the Town Board may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with this chapter or to restrain by injunction the violation of this chapter.