[Adopted 4-9-1969]
No building material shall be placed upon any
highway without a permit from the Superintendent of Highways. Such
permit shall be for a period no longer than three months and shall
not authorize the obstruction of any sidewalk or gutter nor more than
1/3 of the roadway immediately opposite the lot upon which the building
is to be erected and shall be revocable for cause by the Superintendent
of Highways or the Town Board. The holder of such permit shall so
guard such material with red lights at night as to avoid accidents.
Upon revocation of such permit, all materials deposited pursuant to
such permit shall be removed within 48 hours and the highway restored
to its original condition.
No person shall open, expose or interfere with
any electric conduit, water pipe, hydrant, basin, pool or other construction
except by permission of the Superintendent of Highways.
[Amended 2-9-1982 by L.L. No. 1-1982; 4-10-2007 by L.L. No. 4-2007]
No person shall have the right to make any opening
in any street, road or highway, including any sidewalk, and all such
openings in streets, roads, highways or sidewalks must be made under
the supervision of the Superintendent of Highways. Any person desiring
to make or to have made an opening in a street or highway shall make
written application to the Superintendent of Highways. The Superintendent
of Highways, in his discretion, shall determine whether the opening
shall be made by Town employees or may be made by the applicant, then,
before a permit is issued, the applicant shall deposit with the Town
Clerk a sum to be fixed by said Superintendent not to exceed $250
in cash or certified check, to the order of the Town Clerk, and a
duly executed surety company bond in an amount determined by the Town
Board to protect the Town against all liability or expense of whatsoever
kind or nature by reason of any act or omission of the applicant,
his or its agents or servants or any contractor employed by him, his
or its agents or servants, in or about the excavation for which the
permit is granted. No work shall be commenced under any such permit
until the same has been authorized by the Superintendent of Highways.
The Superintendent of Highways shall certify to the Town Clerk that
the job site has been properly restored, and there shall be a charge
to the applicant in an amount set forth from time to time by resolution
of the Town Board for said certification,[1] which charge shall be deducted from the sum deposited
with the Town Clerk, and the balance, upon certification, shall be
returned to the applicant. If the applicant fails or refuses to complete
the work to the satisfaction of the Superintendent of Highways, the
Town Clerk shall retain such sum estimated to be sufficient to properly
complete the work and shall be authorized to pay out such funds as
directed by the Town Board to properly complete said work and pay
all expenses incurred by the Town as a result of such default. All
openings in highways shall be properly guarded and shall, between
sundown and sunrise, be plainly lighted with red lights or other warning
devices as directed by the Superintendent of Highways. When the work
is not done by Town employees, every applicant obtaining a permit
to open a highway shall be solely responsible for the protection and
function of all drains, sewers, basins, gas and water pipes, telephone
and electric wires and conduits. The surface of the highway opened
shall be restored to as good condition as previous to the excavation.
No person shall attach or string any electric
or other wire or adjust or carry the same into or over any street,
road, highway or public place except with written permission of the
Superintendent of Highways.[1]
[1]
Editor's Note: Original § 31-5,
regarding corner occupants, which immediately followed this section,
was deleted 6-8-1999 by L.L. No. 7-1999.
A.
Each and every violation of any of the provisions
of this article of the Town of Stony Point shall be punishable by
a fine not to exceed $1,500 or by imprisonment for not more than 15
days, or by both, unless a lesser penalty is provided by statute.
[Amended 6-8-1999 by L.L. No. 7-1999; 4-26-2022 by L.L. No. 2-2022]
B.
In the case of a continuing violation of this article
of the Town of Stony Point, each day that such violation exists shall
constitute a separate and distinct violation.
