N.Y. HAY Law § 149

§ 149. Drainage, sewer and water pipes, cattle passes or other\ncrossings in highways. The town superintendent may, with the consent of\nthe town board, upon the written application of any resident or taxpayer\nof his town or a corporation, grant permission for an overhead or\nunderground crossing, or to lay and maintain drainage, sewer and water\npipes under ground within the portion therein described of a town\nhighway. Permission shall not be granted for the laying and maintaining\nof such pipes under the travelled part of the highway, except across the\nsame, for the purposes of sewerage and draining swamps or other lands,\nand supplying premises with water. Such permission shall be granted upon\nthe condition that such pipes and hydrants or crossings shall be so\nlaid, set or constructed as not to interrupt or interfere with public\ntravel upon the highway, and upon the further condition that the\napplicant will replace the earth removed and leave the highway in all\nrespects in as good condition as before the laying of said pipes, or\nconstruction of such crossings, and that such applicant will keep such\npipes and hydrants or crossing in repair and save the town harmless from\nall damages which may accrue by reason of their location in the highway,\nand that upon notice by the town superintendent the applicant will make\nthe repairs required for the protection or preservation of the highway.\nThe permit of the town superintendent, with the consent of the town\nboard or county superintendent, and the acceptance of the applicant,\nshall be executed in duplicate, one of which shall be filed in the\noffice of the town clerk and the other in the office of the county\nsuperintendent. In case the applicant shall fail to make any of the\nrepairs required to be made under the permit, they may be made by the\ntown superintendent at the expense of the applicant, and such expenses\nshall be a lien, prior to any other lien, upon the land benefited by the\nuse of the highway for such pipes, hydrants or structures. The town\nsuperintendent may revoke such permit upon the applicant's failure to\ncomply with any of the conditions contained therein.\n