Town of Collins, NY
Erie County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Collins as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 144.
Notification of defects — See Ch. 260.
Subdivision of land — See Ch. 267.
Zoning — See Ch. 305.
[Adopted 6-15-1987 by L.L. No. 1-1987 (Ch. 44, Art. I, of the 1987 Code)]

§ 260-1 Title.

This article shall be known and may be cited as the "Town Highways and Public Places Law of the Town of Collins, New York."

§ 260-2 Openings in Town highways.

A. 
Superintendent of Highways to issue consent. No person shall open or cause to be opened by cutting or digging the surface, pavement or soil in any highway or public place under the jurisdiction of the Town without first obtaining the written consent of the Superintendent of Highways and paying the prescribed fees therefor, or without complying with the provisions and conditions relating thereto as hereinafter provided.
B. 
Fees established by Town Board. The Town Board shall by resolution establish a uniform set of fees, for the written consent, which shall be based upon the estimated actual costs and expenses to be borne by the Town in restoring the highway or other public property to its former usefulness. The Town Board may from time to time change said fees to reflect changes in costs and expenses.

§ 260-3 Installation and maintenance of barricades and warning devices.

Any person making or causing to be made any such excavation in the highways or public places of the Town shall properly guard or barricade such excavation at all times, and install and maintain adequate and sufficient warning devices to warn the public, and shall restore the highway or public property to its former usefulness according to § 260-4 of this article.

§ 260-4 Filling of excavations; restoration by Town.

All excavated materials shall be removed following which all openings shall be carefully backfilled for their entire length, width and depth in the highway area, including the area between the curb and the property line, with bank run gravel or crushed stone, well tamped. Additional bank run gravel or crushed stone shall be added by the permittee as long as any settlement occurs following which the pavement, curbing or other improvements shall be restored by the Town, as required.

§ 260-5 Special provisions pertaining to public service corporations.

A. 
Bond in lieu of paying fees. Public service corporations may, in lieu of paying the fees established pursuant to § 260-2 of this article, file with the Town Clerk a bond to be approved as to form, amount and sufficiency of sureties by the Town Attorney, conditioned upon the proper restoration of highways and public places, in accordance with the directions of the Superintendent of Highways and to his or her satisfaction; the payment to the Town, upon demand, of any costs and expenses incurred by said Town; and the saving of the Town of Collins, its officers and employees, harmless from any loss, injury or damage due to opening highways or public places, or to any negligence or fault of such corporations, their employees or agents, in connection therewith.
B. 
Separate permits not required; amount of bond. All persons engaged within the Town of Collins in the telephone, gas or electric business, or any other business, the nature of which would require or result in frequent applications for permits to make obstructions or excavations in the highways or public places of the Town shall not, however, be required to obtain separate permits but, in all such cases, a general bond shall be given in lieu of any permit indemnifying the Town of Collins from any and all loss, cost or damage as aforesaid resulting or arising directly or indirectly at any time from any act done by said public service corporation. Said bond shall be in the amount as determined by the Town Board and shall be renewed annually or as long as such person continued to do business within the Town of Collins.
C. 
Notification required.
(1) 
Notwithstanding the foregoing, public service corporations shall advise the Superintendent of Highways, in writing, as soon as feasible but no later than 30 days prior to making any obstructions or excavations of its intention to do so, except in case of emergency in which event notification shall be made as soon as possible prior to or after the emergency and need not be in writing.
(2) 
The Superintendent of Highways shall have the power and authority to direct any public service corporation to coordinate its work with the Town, its independent contractors, or other persons authorized to make excavations or work in highways or public places.
D. 
Backfilling requirements. Excavations made by a public service corporation must be backfilled by it with bank run gravel or crushed stone, in accordance with the provisions of § 260-4 of this article, except that the pavement, curbing, and other improvements must be restored by and at the expense of said corporation.

§ 260-6 Applications for making excavations.

A. 
Applications. Applications for making an excavation in or upon any public highway or other public place within the Town of Collins will be accepted only if they are made by:
(1) 
A public service corporation having on file with the Town Clerk a bond as required in § 260-5 of this article.
(2) 
Any other person whose application shall be accompanied by a bond in the amount as determined by the Town Board approved as to form and sufficiency of sureties by the Town Attorney, to be given by the person by or in whose behalf such consent or permission is requested, indemnifying the Town of Collins against all loss, cost, damage or expense sustained or recovered on account of any negligence, omission or act of the applicant.
B. 
Certificate of insurance in lieu of bond. The Town Board may, in its discretion, accept a certificate of insurance in an amount determined by it revocable only on 30 days' notice in lieu of the aforesaid bonds.

§ 260-7 Authority of Superintendent of Highways.

All work done pursuant to this article shall be done and performed subject to the supervision and approval of the Superintendent of Highways.

§ 260-8 Penalties for offenses. [1]

Violation of any provision of this article shall constitute a violation pursuant to the Penal Law subject to penalties as set forth in Chapter 1, General Provisions, § 1-3, of the Code of the Town of Collins.
[1]:
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[Adopted 6-15-1987 by L.L. No. 1-1987 (Ch. 44, Art. II, of the 1987 Code)]

§ 260-9 Driveway permits.

A. 
Before a building permit shall be issued pursuant to Chapter 144, Construction Codes, Uniform, of the Code of the Town of Collins, the applicant shall procure a driveway permit from the Town Superintendent of Highways if the premises are adjacent to a Town highway.
B. 
If necessary, the applicant shall purchase the drainage pipe satisfactory to the Town Superintendent of Highways, and the Town Highway Department shall be responsible for the installation thereof.
C. 
Fees established by Town Board. The Town of Collins shall establish driveway permit fees from time to time by resolution of the Town Board.[1]
[1]:
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 260-10 Penalties for offenses. [1]

Violation of any provision of this article shall constitute a violation pursuant to the Penal Law subject to penalties as set forth in Chapter 1, General Provisions, § 1-3, of the Code of the Town of Collins.
[1]:
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).