NY Hwy L § 136 (2021)
2021 New York Laws HAY - Highway Article 6 - County Roads 136 - Permits for Work Within the County Road Right of Way.

§ 136. Permits for work within the county road right of way. 1. Except   in  connection  with  the  construction,  reconstruction, maintenance or   improvement of a county road or operations of a corporation pursuant  to   the   provisions   of   section   twenty-seven   of  the  transportation   corporations  law  or  sections  twenty-one,  eighty-nine,   ninety-one,   ninety-three,  ninety-three-a and ninety-three-b of the railroad law, no   person, firm, corporation or municipality shall  construct  or  improve,   within  the  county  road right of way an entrance or connection to such   road, or construct within the  county  road  right  of  way  any  works,   structure  or  obstruction,  or  any  overhead  or  underground crossing   thereof, or lay or maintain therein underground  wires  or  conduits  or   drainage,  sewer or water pipes, except in accordance with the terms and   conditions of a work permit issued by the county superintendent  or  his   duly  designated agent, notwithstanding any consent or franchise granted   by any town superintendent, or by any  other  municipal  authority.  Any   municipal  corporation may enter upon any county road for the purpose of   widening the pavement or  for  any  other  purpose  authorized  by  this   section,   but   only  after  securing  a  permit  as  provided  herein.   Notwithstanding the limitations in any general  or  special  law,  every   municipal  corporation  shall  have  and  is  hereby  given authority to   deposit with the county superintendent such a sum of money or a security   bond as may be required as a condition precedent to the granting of  the   permit provided in this section.2. The county superintendent shall establish regulations governing the   issuance  of  highway  work  permits,  including  the fees to be charged   therefor, a system of  deposits  of  money  or  bonds  guaranteeing  the   performance  of  the  work  and requirements of insurance to protect the   interests of the county during performance of the  work  pursuant  to  a   highway  work  permit.  With  respect  to driveway entrance permits, the   regulations shall take into consideration the prospective  character  of   the  development,  the  traffic  which will be generated by the facility   within the reasonably foreseeable future, the design  and  frequency  of   access  to  the  facility,  the  effect of the facility upon drainage as   related to existing drainage systems, the extent to which such  facility   may  impair  the  safety  and  traffic carrying capacity of the existing   county road and any proposed improvement thereto within  the  reasonably   foreseeable  future,  and  any  standards governing access, nonaccess or   limited access which have been established by the county superintendent.3. Upon completion of the work within the county road  right  of  way,   authorized   by   the   work  permit,  the  person,  firm,  corporation,   municipality,  and  his  or  its  successors  in  interest,   shall   be   responsible  for  the  maintenance and repair of such work or portion of   such work as set forth within the  terms  and  conditions  of  the  work   permit.4.  An  advertising  sign,  display  or  device,  or any part thereof,   erected in violation of this section shall be removed  from  the  county   road  right  of  way  by  the  owner  or  the  party responsible for its   erection.  The county superintendent shall make a demand by mail, to the   last known address of the owner, apparent owner or party responsible for   the erection of such  advertising  sign,  display  or  device,  for  its   removal  and, if it is not removed within twenty (20) days from the date   of the mailing of such demand, the county superintendent may remove  any   such  advertising sign, display or device, or any part thereof, from the   county road right of way.5. The term "county road right of way" shall, for the purposes of this   section, mean the entire width between the boundary line of all property   which has been purchased or appropriated by the county for  county  road   purposes,  all  property  over  which  the  county superintendent or his    predecessors has assumed jurisdiction  for  county  road  purposes,  all   property  over  which the county superintendent has assumed jurisdiction   during the period of construction, reconstruction or improvement and all   property  which  has  become  part  of  the  county  road system through   dedication or use.6. Any person, firm or corporation violating  this  section  shall  be   liable  to a fine of not less than twenty-five dollars nor more than one   thousand dollars for each day of  violation,  to  be  recovered  by  the   county  superintendent  and paid in to the county treasury to the credit   of the county road fund created under this article for the construction,   reconstruction and maintenance of county roads on the county road system   in accordance with the provisions of  this  article,  and  may  also  be   removed  therefrom  as  a  trespasser  by the county superintendent upon   petition to the county court of the county or to the  supreme  court  of   the state.