[Adopted 1-3-1972 by L.L. No. 1-1972]
For the purposes of this article, the following terms shall have the meanings indicated:
- CURB CUT
- The opening along the curbline at which point vehicles may enter
or leave the street.[Added 10-20-1997 by L.L. No. 5-1997]
- Any means used or intended to be used to allow for vehicular ingress or egress to a town highway.
- DRIVEWAY ENTRANCE OR EXIT
- That part of the driveway that abuts a town highway.
- Any person, firm, partnership, corporation, association or legal representative acting individually or jointly, including public utility and transportation corporations.
- STREET OPENING
- Any excavation, cutting or other construction that requires removal
of part or all of the surface of a street.[Added 10-20-1997 by L.L. No. 5-1997]
- TOWN HIGHWAY
- The land included within the right-of-way of any street, road, highway or lane that has been acquired by, dedicated to and accepted by the Town of Monroe, either formally or by actual use by the public.
- TOWN SUPERINTENDENT
- The duly elected Town Superintendent of Highways of the Town of Monroe or any member of his department authorized to act on his behalf.
No person shall open or excavate in any town highway nor construct, reconstruct, alter or relocate any new or existing driveway entrance or exit abutting a town highway or cause the same to be done for any purpose whatsoever until a permit therefor has been issued by the Town Superintendent upon written application as provided for in this article. A separate permit shall be required for each such highway opening or driveway entrance or exit construction, reconstruction, alteration or relocation.
In the case of new construction of any structure which shall be serviced by a driveway giving access to or from a town highway, the Building Inspector of the town shall not issue a building permit until a permit required by this article has been issued.
An application for a permit shall be made to the Town Superintendent in writing and shall contain the following:
The name and address of the applicant.
The name and address of the owner of the property upon which or in front of which the work is to be done.
A statement of the work to be done, including the date to be commenced and completed.
Any additional information the Town Superintendent may deem necessary to act on the application.
An application shall be accompanied by the appropriate application fee. A record of all applications and security deposits shall be kept on file in the Town Clerk's office.
[Amended 5-2-1983 by L.L. No. 1-1983]
The application fee for a permit required by this chapter shall be an amount determined by the Town Board.
At the time of application, the applicant shall also submit to the Town Superintendent a security deposit in the amount of $1,500 for a street opening permit and/or $500 for a driveway curb cut. Such deposit shall be in cash or good certified check made payable to the Town of Monroe. If, in the estimate of the Town Superintendent, the actual cost of the proposed construction exceeds the amount required in this article as a security deposit, the Town Superintendent may require a security deposit in an amount that will adequately cover the actual cost of construction and restoration.
[Amended 10-20-1997 by L.L. No. 5-1997]
The security deposit shall be used by the town to secure the proper performance of the work, for allowing the permit to be issued and for the replacement, repair or restoration of any part of the highway in such a condition as may be required by the Town Superintendent. Upon the issuance of a certificate of completion, the Town Supervisor shall refund the full amount of the security deposit.
In the event that the permittee shall fail, in the judgment of the Town Superintendent, to satisfactorily perform the work for which the permit is issued or to comply with any condition, rule or regulation imposed or promulgated by the Town Superintendent within 10 days after notice to him to so perform has been served, the Town Superintendent shall use the security deposit to satisfactorily complete the work or restoration of the town highway and place the same in a proper and safe condition for public travel. The security deposit may also be applied against any costs, liabilities or damage the town may become liable for as a result of the performance or lack thereof of the work covered by the permit. Any balance remaining on hand after such expenditure by the Town Superintendent shall be returned to the permittee forthwith.
If the amount of the security deposit required exceeds $1,500, the applicant may apply to the Town Board for permission to post with the town a performance bond executed by a surety acceptable to the Town Board. The Town Board may grant such request and allow such a bond to be posted in the full amount required or a part thereof. Any amount of the security deposit not covered by a performance bond must be posted as required in Subsection A of this section.
[Amended 10-20-1997 by L.L. No. 5-1997]
[Amended 10-20-1997 by L.L. No. 5-1997]
No permit shall be issued by the Town Superintendent unless the applicant submits with his application a certificate of insurance issued by an insurance company licensed to do business in the State of New York and in a form acceptable to the town's Attorney, certifying that the applicant has in full force and effect a policy of general liability insurance with limits of not less than $1,000,000 for bodily injury to each person and $100,000 for property damage, which policy shall name the Town of Monroe, its officers and employees as additional insureds. In addition, the applicant shall also file with the town evidence of statutory coverage for workers' compensation and disability insurance. Such insurances must remain in full force and effect during the entire term of the permit; otherwise, the permit shall be invalid. Furthermore, acceptance of a permit under this article shall constitute an agreement by the applicant to hold harmless the town, its officers and employees from any and all costs, damages and liabilities, including attorney's fees, which may accrue by reason of work performed under said permit.
The Town Superintendent shall review all applications for a permit and either approve, disapprove or approve the same upon certain conditions he shall feel essential to the proper performance of the work and the safety and well-being of the community or individuals using the driveway or highway.
In passing upon such applications, the Town Superintendent shall take into consideration the safety and well-being of the community and the public who shall use the town highway affected or to which a driveway shall give access, as well as the safety and well-being of the individuals who shall use or be affected by such driveway.
A record of all permits issued shall be kept on file in the Town Clerk's office.
The Town Superintendent is hereby authorized, in conjunction with the Town Engineer, to establish and promulgate rules and regulations concerning highway openings, driveway access and deposits of foreign matter on town highways not inconsistent with the other provisions of this chapter or any general law of the State of New York. In establishing such rules, the Town Superintendent shall apply the same standards he is obligated to use in passing upon permit applications. Such rules and regulations when established shall be binding on all persons applying for a permit subsequent to their establishment.
All such rules and regulations shall be in writing and shall not be effective until filed in the office of the Town Clerk.
Any work that shall take place within a town highway shall be completed with all possible dispatch. Such work shall be performed in the manner and upon the conditions permitted by the Town Superintendent and, in addition, the permittee shall:
Keep at least 1/2 of the town highway open to vehicular and pedestrian traffic at all times.
Erect suitable safeguards and barriers surrounding the work for the protection of persons and vehicles using the highway in the daytime, and shall cause the same to be marked by adequate lights or flares from sunset to sunrise, conforming in kind and number to requirements of the Town Superintendent. In the event that any person shall fail in the opinion of the Town Superintendent to adequately erect such safeguards and barriers, lights or flares, the Town Superintendent shall revoke any permit previously issued forthwith without any notice and proceed immediately to take such steps as may be necessary to protect the public from injury. He shall use the security deposit applicable to the permit revoked to defray whatever costs he may incur in taking such action.
Provide for the safety of workers through the use of flagmen and warning signs, as required by the Town Superintendent, and, in the case of trenching and excavations, comply with all rules and regulations of the Occupational Safety and Health Administration (OSHA).
[Added 10-20-1997 by L.L. No. 5-1997]
[Amended 9-13-1993 by L.L. No. 3-1993]
It shall be unlawful for any person, firm or corporation, regardless of whether a permit is required under this article, to deposit or cause to be deposited any dirt, waste, rubbish, filth or other foreign matter upon any town street, highway or avenue. If such person, firm or corporation shall so deposit or cause to be deposited any such dirt, waste, rubbish, filth or foreign matter, the Town Superintendent shall order such person, firm or corporation to cease and desist in such activity and to clean the town streets, highways or avenues of any such deposits made or caused by him. In the event that such person, firm or corporation fails to obey said order and cease such action or fails to clean up such deposits immediately, the Town Superintendent shall revoke any permit issued hereunder and may use any security deposit he has on hand made by such person, firm or corporation to effect such cleanup. In the event that such person, firm or corporation holds no permit hereunder, then the Superintendent shall issue such person, firm or corporation an appearance ticket for violation of this section, and such person, firm or corporation shall be subject to the penalties contained in § 43-14 of this article.
All notices served by the Town Superintendent under this article, if not served personally, may be by ordinary mail and shall be subscribed by him and shall be addressed to the address of the permittee as indicated upon the application or any other address where such person is last known to be residing or maintaining a place of business. A copy of such notice shall also be conspicuously posted on the site of the work covered by such notice.
All work for which a permit is issued shall be fully completed within 10 days after the completion date slated in the application. In the event that such work is not so completed, the Town Superintendent may revoke such permit and effect the final completion of the work. In such event the Town Superintendent shall apply the amount of the security deposit against the cost of such completion. In any event the permittee shall be personally liable for the full cost of such completion.
Upon satisfactory completion of the work and payment of all fees and damages incurred, the Town Superintendent shall issue a certificate of completion. In the case of new construction of any structure which shall be serviced by a driveway giving access to or from a town highway, the Building Inspector shall not issue a certificate of occupancy therefor until a certificate of completion required by this article has been issued or the Town Superintendent has informed the Building Inspector that he has completed the work as authorized by this article.
The permittee shall be obligated to maintain and repair all work covered by the permit for a period of one year from the date of issuance of a certificate of completion. To guarantee the permittee's obligation under this Subsection, the town shall retain, as a maintenance bond, an amount equal to 1/2 the amount of the security deposit posted with the town pursuant to § 43-5 of this article. Upon completion of the one-year maintenance period, the town shall release the maintenance bond, less any amounts expended by the town for repairs or work not performed by the permittee.
[Amended 10-20-1997 by L.L. No. 5-1997]
The terms and provisions of this article relative to securing a permit shall not apply in the following instances:
For the erection of posts or poles to hold mailboxes, provided that such posts or poles are set back at least one foot from the edge of any pavement.
For the planting of any shade trees, shrubs or the like, provided that the same are set back from the pavement in such a manner so as not to obstruct a corner view or endanger the users of such highway.
For the performance of work by the Town of Monroe through its agents or employees for itself or on behalf of any improvement district located therein.
Editor's Note: Former Subsection D, regarding the construction of line fences, which immediately followed this subsection, was repealed 10-20-1997 by L.L. No. 5-1997. This local law also relettered former Subsection E as Subsection D.
For the performance of any work by the County of Orange or its authorized agents on behalf of County Sewer District No. 1.
Any person who violates or causes or participates in any violation of the provisions of this chapter or any rules, conditions or regulations imposed or promulgated under the authority of this chapter shall be deemed to have committed an offense.
Every violation of the provisions of this chapter or any condition, rule or regulation imposed or promulgated under the authority of this chapter shall be considered a separate and distinct offense, and, in the case of a continuing violation, every day's continuance thereof after any required notice is given shall be deemed a separate and distinct offense.
A conviction of any such violation shall be punishable by a fine not to exceed $250 for each violation or imprisonment for a term not to exceed 15 days, or both.
[Amended 6-5-1972 by L.L. No. 7-1972]