Chapter 12.05
RIGHT-OF-WAY USE PERMITTING
Sections:
12.05.070 Violation – Penalty.
12.05.010 Permit – Required.
A permit from the town engineer is required before performing any of the following acts within the town of Hunts Point:
(1) The placing or construction of any structure, device, or natural or artificial thing, or the collection, channeling and discharging of storm or surface water, that threatens or endangers the whole or any portion of any street or public right-of-way, or that tends to endanger persons traveling thereon, or obstructs or tends to obstruct or constitutes a hazard to vehicles or persons traveling thereon, when placed or constructed on or in close proximity to said street or roadway; or
(2) The digging or cutting into or marring, defacing or altering of the surface of any street or public right-of-way, including both the improved and unimproved portions thereof. [Ord. 527 § 1 (Att. A), 2016]
12.05.020 Permits – Contents.
Any permit issued hereunder shall contain the following:
(1) The location of the proposed action and the reason or reasons for such action being taken;
(2) Whether or not warning or protective structures, signs, signals or devices shall be maintained and their approximate locations;
(3) The time within which the street or roadway surface must be restored;
(4) The amount of the deposit or bond, if any, required to guarantee the restoration of the street or roadway surface;
(5) For all permits issued for work within the Hunts Point Road right-of-way, a determination by the town engineer that the work will not require any pavement cuts or other pavement damage, and if any portion of the work is to occur beneath the pavement, approval of the proposed construction method. [Ord. 527 § 1 (Att. A), 2016]
12.05.030 Town rights.
The provisions of this chapter shall in no way preclude the town of Hunts Point from exercising its rights pertaining to abatement of the act or acts described herein on the basis of public nuisance and shall not prevent or make unlawful the use, placing or construction of any warning or protective structure, sign, signal or device in relation to an act or acts performed on the surface of any street or roadway within the town of Hunts Point: (1) pursuant to permission requested and obtained from the town engineer; or (2) at the request of, or as a necessary incident to, any contract with the council of the town of Hunts Point. [Ord. 527 § 1 (Att. A), 2016]
12.05.040 Conditions.
Permission to do the acts referred to in HPMC 12.05.010 shall be subject to the following conditions:
(1) That adequate warning or protective structures, signs, signals or devices will be maintained in relation to the activity for which permission has been given, until the roadway or street has been restored to a condition which will allow vehicles or persons to travel thereon in safety;
(2) That restoration of said street or roadway surface will be accomplished in a reasonable length of time, and as specified by the town engineer;
(3) Work shall be completed to the satisfaction of the town engineer and said street or roadway surface will be restored to at least as good condition as that existing at the time the work of the permittee commenced thereon and/or in compliance with the Hunts Point excavation standards (adopted by reference herein and maintained by the town clerk);
(4) That no cutting or other damage to the pavement of Hunts Point Road is allowed;
(5) In performing work pursuant to such permit, applicant agrees to indemnify and hold the town harmless from any and all claims of any kind, nature or description that may arise by reason of such work, and further agrees to indemnify and hold the town harmless from any and all claims of damage or injury to applicant’s property or facilities that may arise by reason of work performed pursuant to such permit. [Ord. 527 § 1 (Att. A), 2016]
12.05.050 Fees.
A right-of-way permit application for permission to do any of the acts referred to in HPMC 12.05.010 shall be accompanied by the fee outlined in HPMC 3.05.100, and no permission shall be granted by the town engineer until such fee has been paid to the town of Hunts Point. The town engineer may require an applicant to furnish the town with either a bond or cash deposit, in a sum to be established by the town engineer, which bond or cash deposit shall guarantee restoration of street or roadway surfaces in accordance with the provisions of this chapter. Said bond or cash deposit shall be delivered to the clerk of the town prior to commencement of any activity authorized by permission granted by the town engineer and shall be retained by the town for a period of one year following completion of the work involved. In the event it is necessary that said work be inspected by the town engineer or his representatives, the cost of such inspection shall be deducted from any such cash deposit. [Ord. 527 § 1 (Att. A), 2016]
12.05.060 Expiration.
Permits issued by the town engineer under this chapter are valid for 30 days from the date of issuance. [Ord. 527 § 1 (Att. A), 2016]
12.05.070 Violation – Penalty.
Performing any of the acts described in HPMC 12.05.010 without first obtaining a permit from the town engineer is unlawful and constitutes a misdemeanor, the penalty for which shall not exceed a fine in the amount of $1,000 or imprisonment for a period of 90 days, or both. [Ord. 527 § 1 (Att. A), 2016]