Town of Clifton Park
The Highway Superintendent recently disseminated information publicly that was completely incorrect, necessitating a correction to the record.
The most recent example of incorrect information from the Superintendent involves a social media post on August 2 which claims that on July 3, 2023, “the Town Board” had increased fees for such things as opening a road for access to flooding toilets, drains or broken lateral lines for sewer or utilities. The Superintendent claimed that the Town Board raised fees for individual residents and decreased them for telecommunication providers and other corporations. The exact opposite is true.
The Town Board’s Local Law No. 5 adopted on July 3, 2023, specifically exempted all individual, or residential, applications from permit fees of any kind.
176-11 newly enacted local law provides:
176-11.
Permits, for Residential Driveways, Culvert Installation, or the installation of lateral lines for individual service for water, sewer or utilities or communications facilities:
A No person, other than a duly authorized Town officer or employee, shall make any openings or remove any pavements or paved trails in any street, avenue, alley, curb or public place in the Town of Clifton Park without a permit from the Superintendent of the Highway Department.
B Residential Driveway or Culvert Installation permits shall be issued by the Highway Department without fee.
C The Highway Superintendent shall keep and maintain records for all individual permits for Driveways, culverts or other installations for individual properties within the Town, including:
A. The date each application was received by the Department, the date of the disposition of each such application, and permits issued, or denied, including all drawings, sketches, and descriptions of the work requested and any necessary restorations to the public roads, right of Way or property.
B. If the Highway department does not make a determination to grant, modify or deny and such application within 30 days, a written explanation for the determination shall be maintained by the Department.
C. All such records shall be maintained for 6 years, on an annual basis.
Within the resolution adopting these amendments, the Board updated and modernized an outdated fee structure with fees more commonly experienced by corporate entities with a business purpose to excavate and occupy space in the Town’s right of Ways. In fact, the introductory paragraph to the July 3 enactment specifically provides that:
“This Section applies to all utilities, communication and transportation companies and contractors wishing to excavate, cut or perform construction activities within Town Roads, Streets, Highways or Right-of-Way for the purpose of laying pipe, conduit, or other infrastructure within the Town right of Way.
A report submitted by a CPA firm related to the issues uncovered, while attempting to work through this process with the Highway Department has been posted on Cliftonpark.org and can be found here: pdf AUP Report Final (155 KB)
Within the resolution adopting these amendments, the Board updated and modernized an outdated fee structure with fees more commonly experienced by corporate entities with a business purpose to excavate and occupy space in the Town’s right of Ways. In fact, the introductory paragraph to the July 3 enactment specifically provides that:
“This Section applies to all utilities, communication and transportation companies and contractors wishing to excavate, cut or perform construction activities within Town Roads, Streets, Highways or Right-of-Way for the purpose of laying pipe, conduit, or other infrastructure within the Town right of Way.
Town Supervisor
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