[Added 11-17-1987 by L.L. No. 30-1987]
No person, firm or corporation shall permit
any structure or man-made object to encroach within a Town of Brookhaven
right-of-way without first having obtained the written consent of
the Town Superintendent of Highways.
No such permit shall issue unless the applicant
can demonstrate that the maintenance of said encroaching structure
or object is necessary for the health, safety and welfare of the occupant
of said adjacent property, that said structure or object will not
unduly endanger or interfere with the public usage of the right-of-way
and that removal of said structure or object would create an undue
financial hardship.
Prior to issuance of said permit, the landowner
shall be required to execute a hold-harmless agreement in such form
as shall be acceptable to the Town Attorney and shall cause the same
to be recorded in the office of the County Clerk.
The Superintendent of Highways may impose such
conditions as he deems are necessary to ensure the reasonable and
safe use of said public right-of-way. In the event that said conditions
are violated, the Superintendent of Highways may revoke the permit.
[Amended 12-19-2019 by L.L. No. 27-2019, effective 12-31-2019]
In connection with the issuance of said permit,
the Superintendent of Highways shall charge a fee as established by
Town Board resolution.
