[Adopted 6-19-1974 by L.L. No. 4-1974
as Chapter 29 of the 1974 Code]
This article shall be known and cited as the "Highway Opening and Crossing
Law of Putnam Valley."
[Amended 9-19-1979 by L.L. No. 4-1979]
A.
It shall be unlawful for any person to open an entrance
upon or to excavate upon any town highway or to cross any town highway with
a structure unless and until a permit shall have been granted by the Town
Highway Superintendent with the approval of the Town Board.
B.
It shall be unlawful for any person to excavate, alter
or repave any existing entrance to any town highway until a permit shall have
been granted by the Town Highway Superintendent with the approval of the Town
Board.
Applications for such permits shall be made to the Town Highway Superintendent
on forms provided therefor.
[Amended 9-19-1979 by L.L. No. 4-1979]
Before the permit required by § 103-2 hereof shall be issued, the person so requesting the permit shall:
A.
Furnish to the Town Highway Superintendent a sketch showing
the street and location of the entrance to be opened or to be excavated or
crossed and the manner in which the opening, excavation or crossing shall
be made, including the final slopes and drainage at the intersections for
any entrance openings.
B.
Deposit a sum of at least $500, but not more than $1,000,
in cash or certified check, at the discretion of the Town Highway Superintendent,
as a good and sufficient bond for the repair of any street, to its original
condition, damaged as a result of an entrance opening, excavation or crossing.
The aforesaid deposit shall be returned to the permittee or his or her duly
authorized agent upon inspection by the Town Highway Superintendent after
the entrance opening, excavation or crossing has been completed, and provided
that such street has been restored to its original condition.
In the event that the street is not restored to its original condition
or the work has not been completed pursuant to the terms and conditions of
the permit within 10 days after notice from the Town Superintendent of Highways
that the work has not been satisfactorily performed or the street is not in
proper original condition, the aforesaid deposit made with the Town Superintendent
of Highways shall be forfeited to the town, and the town shall accept said
deposit as damages for the damage done to said street and shall immediately
restore the street to its original condition. Any moneys left over after the
restoration of the street shall be returned to the permittee.
Any person making an opening in any street shall protect such opening
by means of proper barricades and lights and maintain the same during the
period of the construction work. Any opening found not to be properly protected
shall immediately be closed by the town, and the cost thereof charged against
the cash deposit hereinbefore provided for.
It shall be unlawful for any person to break down, remove or interfere
with any such barrier so erected, or any part thereof, or to remove the lights
without the consent of the Town Highway Superintendent.
Any person filing an application for a permit hereunder shall pay simultaneously
with the filing of said application a fee as set forth from time to time by
resolution of the Town Board to the Town Highway Superintendent therefor.
In the event that such application for a permit should be denied, the aforesaid
fee shall be returned to the applicant.
[Amended 9-19-1979 by L.L. No. 4-1979]
A.
If it appears to the Town Highway Superintendent from the application that the work to be done shall consist only of a driveway opening or repaving and that such work may be completed without damage to the town highways or other property, the Town Highway Superintendent shall issue such permit without the approval of the Town Board required by § 103-2 hereof and may waive the deposit required by § 103-4B hereof, but nothing herein shall be deemed to waive any rights the town may have in the event that damage is caused to the town highways or other property.
B.
If it thereafter appears that such work may cause damage
to the town highways or other property, the Town Highway Superintendent shall
revoke such permit, and no new permit shall thereafter be issued for such
work except as otherwise provided herein.
[Added 9-19-1979 by L.L. No. 4-1979]
Where a highway opening and crossing permit is required under the provisions
of this article of the Code of the Town of Putnam Valley, no building permit
for any construction may be issued by the Code Enforcement Officer unless
the applicant has obtained a highway entrance opening permit pursuant to this
article, and no certificate of occupancy may be issued by the Code Enforcement
Officer until the Highway Superintendent approves in writing the construction
of the driveway in relation to location, slope and drainage.
The Town Superintendent of Highways is hereby authorized, directed and
delegated to enforce the provisions of this article.
[Amended 9-19-1979 by L.L. No. 4-1979[1]]
Any person who shall violate this article is guilty of a violation and,
upon conviction thereof, shall be punishable by a maximum fine of $250 or
by a term of imprisonment of not more than 15 days, or both such fine and
imprisonment. Each week's continued violation of this article shall constitute
a separate additional violation.
