N.Y. Highway Law § 149: Drainage, sewer and water pipes, cattle passes or other crossings in highways

§ 149. Drainage, sewer and water pipes, cattle passes or other

crossings in highways. The town superintendent may, with the consent of

the town board, upon the written application of any resident or taxpayer

of his town or a corporation, grant permission for an overhead or

underground crossing, or to lay and maintain drainage, sewer and water

pipes under ground within the portion therein described of a town

highway. Permission shall not be granted for the laying and maintaining

of such pipes under the travelled part of the highway, except across the

same, for the purposes of sewerage and draining swamps or other lands,

and supplying premises with water. Such permission shall be granted upon

the condition that such pipes and hydrants or crossings shall be so

laid, set or constructed as not to interrupt or interfere with public

travel upon the highway, and upon the further condition that the

applicant will replace the earth removed and leave the highway in all

respects in as good condition as before the laying of said pipes, or

construction of such crossings, and that such applicant will keep such

pipes and hydrants or crossing in repair and save the town harmless from

all damages which may accrue by reason of their location in the highway,

and that upon notice by the town superintendent the applicant will make

the repairs required for the protection or preservation of the highway.

The permit of the town superintendent, with the consent of the town

board or county superintendent, and the acceptance of the applicant,

shall be executed in duplicate, one of which shall be filed in the

office of the town clerk and the other in the office of the county

superintendent. In case the applicant shall fail to make any of the

repairs required to be made under the permit, they may be made by the

town superintendent at the expense of the applicant, and such expenses

shall be a lien, prior to any other lien, upon the land benefited by the

use of the highway for such pipes, hydrants or structures. The town

superintendent may revoke such permit upon the applicant's failure to

comply with any of the conditions contained therein.