[Added 3-19-2007 by L.L. No. 4-2007[1]]
[1]
Editor's Note: This local law also repealed
former Part 3, Access to Town Streets, Highways and Roads.
This Part 3 is adopted for the purpose of regulating:
A.
The location and construction of utility facilities
and other structures within the rights-of-way and bounds of streets,
highways and roads of the Town of Liberty.
B.
The location, design, construction, maintenance and
drainage of access driveways and private roads within the rights-of-way
and bounds of streets, highways and roads of the Town of Liberty,
for the purpose of ensuring the structural integrity of such driveways
or private roads, avoidance of costs to the Town of Liberty for returning
Town streets, highways and roads to their original condition, economy
of maintenance, preservation of proper drainage and safe and convenient
passage of traffic.
As used in this Part 3, the following terms
shall have the meanings indicated:
A private road or drive providing vehicular access to any
structure or structures, building or buildings, lot or lots or parcel
or parcels of land.
The owner of land, or the owner's authorized agent, proposing
to obtain access to a Town street, highway or road.
A road or drive which is owned and maintained by anyone other
than the Town of Liberty, the County of Sullivan or the State of New
York.
The Highway Superintendent of the Town of Liberty or the
Highway Superintendent's authorized representative.
A.
No work shall be performed within the right-of-way
or bounds of any street, highway and road of the Town of Liberty involving
the placing or repair of utility facilities or other structures, opening
of the surface for any purpose, laying out or constructing driveways
or roads or any other means of ingress or egress or altering of drainage
without first obtaining a permit from the Town of Liberty.
B.
Nothing in this Part 3 shall be construed to require
a permit in advance for emergency repairs necessary for the safety
of the public or restoration of service, but application for such
permit and the fees shall be submitted as herein prescribed within
five days after the commencement of the work.
C.
Nothing in this Part 3 shall be construed as requiring
permits for the installation of utility poles.
The application for a permit required pursuant
to this Part 3 shall be on a form prescribed by the Town Highway Superintendent,
who shall also specify the number of copies required. The application
for permit shall be made to the Town Highway Superintendent and be
accompanied by the required number of copies of a plan detailing the
location and pertinent dimensions of the opening, the proposed installation
and method of construction and related street highway features (width
of traveled roadway, right-of-way lines, distance to the lot lines).
The plan shall also provide details with respect to culvert or similar
drainage devices, ditches, grades and any other features as may be
required by the Town Highway Superintendent to determine the adequacy
of such means of access.
The application for permit shall be accompanied
by such fee as shall be fixed from time to time by resolution of the
Town Board. The fee shall cover the cost of processing the application
and the first inspection of the work. Fees for additional inspections
will be based on the cost of making the inspections. Additional fees
may also be imposed for the cost associated with any restoration work
performed by the Town as may be required.
A.
Drainage control.
(1)
No increase in the flow of water into existing drainage
facilities of a Town street, highway or road or onto the property
of some other person shall be permitted unless a drainage control
plan is submitted to and approved by the Town Highway Superintendent
and/or Town Engineer.
(2)
If an increase in the flow of water as described in Subsection A(1) above may occur, appropriate releases shall be obtained by the applicant from the owners of land receiving the increased runoff and submitted with the application.
(3)
In the event that the existing drainage capacity on
the Town street, highway or road would be insufficient to handle the
additional runoff brought about by this construction work, it shall
constitute sufficient grounds for denial of the permit.
B.
Work standards. All work shall be performed to the
standards of the Town Highway Superintendent and/or Town Engineer,
which standards the Town Highway Superintendent is hereby authorized
to promulgate, and shall also be consistent with the safety needs
of the public. Where traffic control is necessary, it shall be accomplished
according to the standards as shall be specified by the Town Highway
Superintendent. All standards promulgated by the Town Highway Superintendent
and pursuant hereto shall be subject to and require approval of the
Town Board.
C.
Damage to public facilities. The permittee shall restore
all pavement and shoulders to the condition that existed prior to
performance of any work at the expense of the permittee. The permittee
shall be responsible for repairing any failure of facilities within
two years of completion of the work. If the permittee fails to comply
herewith, the Town Highway Superintendent shall complete the necessary
repairs and/or contract for the same and collect the cost and expense
thereof as provided by this Part 3.
D.
E.
Driveway design standards. All driveways must be constructed
according to the standards promulgated by the Town Highway Superintendent
and approved by the Town Board. These standards may be revised from
time to time by the Town Highway Superintendent and shall be first
approved by the Town Board, but such revision shall not affect pending
applications under preexisting standards or driveways constructed
prior to the enactment of this Part 3 unless an opening to the Town
street, highway or road is to be changed or added.
F.
Work schedule. All work involving cuts in the traveled
portion of a Town street, highway or road must be started within 15
days of permit issuance. All such work must be completed with five
days of work commencement.
G.
Indemnification. The permittee shall fully indemnify
and save harmless and defend the Town, its agents and employees of
and from all liability for damages or injury occurring to any person
or persons or property through or in consequence of any act or omission
of the permittee and any contractor, agent, servant, employee or person
engaged or employed in, about or upon the work but at the instance
or with the approval or consent of the permittee, from any failure
of the permittee or any such person to comply with the permit or this
Part 3 and, for a period of two years after completion of the permitted
work, from the failure of the highway in the immediate area of the
work performed under the permit where there is no similar failure
of the highway beyond the area adjacent to the area of the permitted
work.
H.
Revocation. The Town Highway Superintendent shall
have the right to revoke or annul any permit issued pursuant to this
Part 3 at any time should the permittee fail to comply with the terms
and conditions upon which it is granted.
I.
Assignment. No permit shall be assigned or transferred
without the written consent of the Town Highway Superintendent.
Upon completion of the work authorized by permit,
the Town Highway Superintendent shall cause the work to be inspected
and, when necessary, enforce compliance with conditions prescribed
by the permit and this Part 3. If the permittee shall fail to rectify
any defect within 60 days of written notice from the Town Highway
Superintendent to do so, the Town Highway Superintendent may cause
the work to be performed and impose upon the applicant the cost thereof,
together with an additional 20% of such cost to offset administrative
costs.
All property owners whose property has an access
driveway connecting with any street, highway or road of the Town of
Liberty shall be required to maintain, at such property owner's sole
cost and expense, the access driveway and all drainage facilities
related thereto, including but not limited to any and all sluice pipes,
culverts and/or conduits running underneath such access driveway and
within drainage ditches or channels maintained by the Town along or
within the bounds and/or rights-of-way of its streets, highways and
roads. Maintenance shall include but not be limited to removal of
snow and ice, garbage, brush, leaves, debris and any other materials
that may interfere with the flow of water through the drainage facilities
of any Town street, highway or road, as well as the repair and/or
replacement of any such sluice pipe, culvert and/or conduit running
underneath such access driveway and within drainage ditches or channels
maintained by the Town along or within the bounds and/or rights-of-way
of its streets, highways and roads. Notices of violations of this
section may be issued by the Town's Code Enforcement Officer, at the
direction of the Town Highway Superintendent. In the event a property
owner fails to cure the violation within the time provided in such
notice of violation, the Town Highway Superintendent may cause the
required work to be performed and the necessary materials to be installed
and impose upon the property owner the actual cost thereof together
with an additional 20% of such cost to offset administrative costs.
Any person who shall commit or assist in the
commission of any violation of this Part 3 or who shall build, erect,
construct or attempt the same contrary to the plans or specifications
submitted to the Town Highway Superintendent and by the Town Highway
Superintendent certified and approved as complying with this Part
3, and any person who shall omit, neglect or refuse to do any act
required by this Part 3 shall be subject to a fine of not more than
$500, to be recovered by the Town Board in any court of competent
jurisdiction. Every such person shall be deemed guilty of a separate
offense for each day that such violation, disobedience, omission,
neglect or refusal shall continue. Where the person committing such
violation is a partnership, association or corporation, the principal
executive officer, partner, agent or manager may be considered to
be the person for the purpose of this Part 3.
This Part 3 is not intended to interfere with,
abrogate or annul any other ordinance, law, rule, regulations, statute
or provision of law. Where any of the provisions of this Part 3 impose
restrictions different than any other ordinance, law, rule, regulation
or other provision of law, whichever provisions are more restrictive
or impose higher standards shall control.
The standards imposed by this Part 3 may be
modified or waived in individual circumstances where health, safety
or welfare concerns merit the same or where the occupancy would be
temporary in nature, such as logging roads. Permits in such cases
shall be issued with the exceptions deemed appropriate by the Town
Highway Superintendent, provided that public health, safety and welfare
will not be endangered. These standards also may be revised from time
to time, but such revisions shall not affect applications pending
under preexisting standards nor shall they have any bearing on private
roads and driveways which were legally constructed prior to the original
enactment of this Part 3, unless the same are proposed to be structurally
modified so as to change or result in a new opening to a Town street,
highway or road.
