N.Y. Highway Law § 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.