[HISTORY: Adopted by the Town Board of the Town of Bergen as indicated in article histories. Amendments noted where applicable.]
Article I Rights-of-Way
[Adopted 4-24-1995 by L.L. No. 1-1995]
The Town of Bergen finds that in order to protect the health, safety and welfare of the people of the Town, it is necessary for the Town to enact this article in order to ensure construction, reconstruction, maintenance or improvement within the Town road rights-of-way is performed in any orderly and appropriate manner.
The of Town of Bergen declares that the purpose of this article is to establish practices and procedures applicable to any person, firm or corporation performing work within the Town road rights-of-way.
As used in this article, the following terms shall have the following meanings:
- HIGHWAY SUPERINTENDENT
- The Superintendent of Highways for the Town.
- The Town of Bergen, New York.
- TOWN RIGHT-OF-WAY
- The entire width between the boundary line of all property which has been purchased or appropriated by the Town for Town highway purposes, all property over which the Highway Superintendent or his predecessors has assumed jurisdiction for Town highway purposes, all property over which the Highway Superintendent has assumed jurisdiction during the period of construction, reconstruction or improvement and all property which has become part of the Town highway system through dedication or use.
Except in connection with the construction, reconstruction, maintenance or improvement of a Town highway performed under the jurisdiction and supervision of the Highway Superintendent, no person, firm or corporation shall construct or improve, within the Town highway right-of-way, an entrance or connection to such highway, or construct within the Town highway right-of-way any works, structure or obstruction, or any overhead or underground crossing thereof, or lay or maintain therein underground wires or conduits or drainage, sewer or water pipes, except in accordance with the terms and conditions of a work permit issued by the Highway Superintendent or his duly designated agent.
As a condition of the issuance of a work permit as set forth in Subsection A of this section, any person, firm or corporation applying for such a work permit shall be required to deposit money or bonds guaranteeing the performance of the work covered by the work permit.
The Town Board shall determine the fees, if any, to be charged for the issuance of a work permit under this article. The Highway Superintendent shall establish regulations governing the issuance of highway work permits, including a system of deposits of money or bonds guaranteeing the performance of the work and requirements of insurance to protect the interest of the Town during performance of the work pursuant to the work permit. With respect to driveway entrance permits, the regulation shall take into consideration the prospective character of the development, the traffic which will be generated by the facility within the reasonably foreseeable future, the design and frequency of access to the facility, the effect of the facility upon drainage as related to existing drainage systems, the extent to which the such facility may impair the safety and traffic-carrying capacity of the existing Town highway and any proposed improvement thereto within the reasonable foreseeable future, and any standards governing access, nonaccess or limited access which have been established by the Highway Superintendent.
Upon completion of the work within the Town highway right-of-way, authorized by the work permit, the person, firm or corporation and his or its successors in interest shall be responsible for the maintenance and repair of such work or portion of such work as set forth within the terms and conditions of the work permit.
Any person, firm or corporation violating this article shall be liable for a fine of not less than $25 and not more than $250 for each day of violation, to be recovered by the Highway Superintendent and paid into the Town Highway Fund for construction, reconstruction and maintenance of Town highways, and may also be removed therefrom as trespasser by the Highway Superintendent upon petition to the Town Justice Court or the Supreme Court of the State.