[Adopted 1-24-1996 by L.L. No. 1.1996]
A.
No person or corporation shall open, disturb or work
within, erect fences or structures, plant trees within 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 whatever, without
having:
B.
The term "corporation," as used herein, shall include
public service corporations such as Rochester Gas & Electric,
Rochester Telephone, Greater Rochester Cablevision and the Monroe
County Water Authority.
The Highway Superintendent may issue a permit
to any applicant meeting the following qualifications:
A.
Such applicant or the applicant's agent shall have
filed in the office of the Commissioner an insurance certificate showing
coverages of the types and amounts as established by resolution of
the Town Board. Such insurance certificate shall name the Town of
Brighton as an additional insured and shall include the coverage of
completed operations.
B.
Such applicant shall have paid the appropriate fee
to the town.
C.
Such applicant shall have completed and signed an
application form (as provided by the Highway Superintendent), 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.
D.
Such applicant shall not have had a permit revoked
within the past three years.
E.
Franchises.
[Added 10-11-2000 by L.L. No. 7-2000]
(1)
Such applicant shall have either:
(a)
Duly obtained a franchise from the Town Board
for the use of the town's rights-of-way; or
(b)
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.
(2)
These qualifications shall not apply to property owners
or their agents, engaged in the construction or maintenance or driveways,
commercial entrances of mailboxes.
Permits shall be of two types: annual and new.
A.
Annual permits shall permit the holder to maintain
existing facilities, including emergency repairs, to install new services
from mains to existing structures and to widen or resurface existing
driveways. The annual permits shall be valid only for the calendar
year in which they are issued.
B.
New permits shall permit the holder to install new
facilities, new mains or new driveways. New permits shall be valid
for a period not to exceed eight months or as directed by the Highway
Superintendent.
Fees for annual permits and new 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 Highway Superintendent. 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 Highway Superintendent may revoke any permit
issued hereunder for any or all of the following reasons:
A.
Failure to maintain an insurance certificate showing
the required coverages for the entire duration of any work.
B.
Failure to pay fees.
C.
Failure to provide the required notice of the location
within the required schedule.
D.
Failure to adhere to the town's standards and specifications
for work within the right-of-way.
F.
Other good and sufficient reason.
A.
The town specifications and standards shall be proposed
from time to time by the Commissioner of Public Works 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.
B.
The following are hereby adopted as a part of the
town's standards and specifications:
(1)
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.
(2)
All disturbed areas within the right-of-way are to
be restored to their original condition on a schedule to be approved
by the Highway Superintendent. 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.
(3)
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.
(4)
The highway must be kept clean of mud, dirt and other
debris at all times.
(5)
No asphalt may be placed over sidewalks.
(6)
Temporary pavement must be immediately placed in all
road cuts until weather conditions permit permanent pavement restoration.
(7)
The permittee must maintain the road cut (temporary
and permanent) until the road is overlaid.
C.
The Commissioner of Public Works, 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.
[Added 10-11-2000 by L.L. No. 7-2000]
Work shall be conducted only after specific notice to the Highway Superintendent as provided in § 166-26 above and only if no verbal or written notice to the permittee to suspend work has been provided by the Highway Superintendent or designee. Work shall be delayed, at the direction of the Highway Superintendent, 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.
Failure to comply with any of the requirements herein shall constitute a offense against this article, punishable as provided in Chapter 1, General Provisions. Each unlicensed or unnoticed location and each day that passes without the proper restoration of a location shall constitute a separate offense.
