[Adopted 11-9-1992 by L.L. No. 1-1992]
No person, firm, association, partnership or corporation shall
engage in any excavation, construction or other operation within the
highway right-of-way of the public highways of the Town of Bath without
first applying for and being issued a permit to engage in such activities
by the Town Highway Superintendent. Said permit shall be of such nature
and form as promulgated by the Town Highway Superintendent and as
approved by resolution of the Town Board.
A.
All applications to conduct operations within the Town of Bath highway
right-of-way limits shall be submitted to the Town Highway Superintendent
on the standard form approved by the Town Board available from the
Town Highway Superintendent. Upon the filing of the completed application
and the payment of the required fee, the Town Highway Superintendent
shall examine the application and any other data submitted.
B.
If it shall appear that the operations of the applicant are in compliance
with all of the requirements of the Town Highway Superintendent for
operations conducted within the Town of Bath highway right-of-way
limits, he shall then, within 15 days, issue a permit for the requested
activities. The issuance of a permit shall not excuse the applicant
from conforming to all other rules and regulations of the Town of
Bath, State of New York or otherwise.
C.
If the work authorized under any such permit does not commence within
six months from the date of issuance, the permit shall become null
and void but may be renewed within 30 days prior to the expiration
for good cause shown for an additional six months upon payment of
1/2 of the original fee.
D.
All work performed by the applicant shall be in accordance with the
permit issued by the Town Highway Superintendent.
Fees for permits required hereunder shall be due and payable
upon submission of the application and shall be in such an amount
as determined by resolution of the Town Board.[1]
[1]
Editor's Note: The current resolution is on file in the
office of the Town Clerk.
Any person, firm, association, partnership or corporation, contractor,
builder or other person who violates any provision of this Article
or any regulation adopted hereunder, upon conviction, shall be guilty
of a violation subject to a fine not exceeding $250 or imprisonment
for a term not exceeding 15 days, or both such fine and imprisonment.
Each day of continuous violation of this Article shall constitute
a separate, additional violation. In case of a violation of this Article,
the municipality and its officers may, in addition to any other remedies
specifically conferred by law or ordinance, institute any appropriate
proceedings to prevent any unlawful activities to be conducted within
the Town of Bath public highway rights-of-way.
The Town Highway Superintendent shall be empowered to enforce
this Article and the regulations set forth herein.
