[HISTORY: Adopted by the Town Board of the Town of Red Hook: Art.
I, 1-11-1994 as L.L. No. 1-1994.[1] Art. II, 4-19-1977 (Ch. 50, Art. II, of the
1976 Code). Sections 117-3 and 117-4 amended and § 117-16 added
at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other
amendments noted where applicable.]
[Adopted 1-11-1994 as L.L. No. 1-1994]
[Amended 9-2-1995 by L.L. No. 2-1995[1]]
No civil actions shall be maintained against any town or Town Superintendent
of Highways for damages or injuries to person or property sustained by reason
of a highway, bridge, street, curb, sidewalk, crosswalk or culvert being defective,
out of repair, unsafe, dangerous or obstructed unless written notice of such
defective, unsafe, dangerous or obstructed condition of such highway, bridge,
street, curb, sidewalk, crosswalk or culvert was actually given to the Town
Clerk or Town Superintendent of Highways and there was a failure or neglect
within a reasonable time after the giving of such notice to repair or remove
the defect, danger or obstruction complained of. No such action shall be maintained
for damages or injuries to person or property sustained solely in consequence
of the existence of snow or ice upon any highway, bridge, street, curb, sidewalk,
crosswalk or culvert, unless written notice thereof, specifying the particular
place, was actually given to the Town Clerk or Town Superintendent of Highways
and there was failure or neglect to cause such snow or ice to be removed or
to make the place otherwise reasonably safe within a reasonable time after
receipt of such notice.
[1]
Editor's Note: This local law also supersedes, in its application
in the town, Subdivisions 1 and 3 of § 65-a of the Town Law.
[Amended 9-2-1995 by L.L. No. 2-1995[1]]
The Town Superintendent of Highway shall transmit, in writing, to the
Town Clerk, within five days after the receipt thereof, all written notices
received pursuant to this Article and Subdivision 2 of § 65-a of
the Town Law. The Town Clerk shall cause all written notices received pursuant
to this Article and Subdivision 2 of § 65-a of the Town Law to be
presented to the Town Board within five days of the receipt thereof or at
the next succeeding Town Board meeting, whichever shall be sooner.
[1]
Editor's Note: This local law also supersedes, in its application
in the town, Subdivisions 1 and 3 of § 65-a of the Town Law.
The Town Clerk shall keep an index record, in a separate book, of all
written notices which the Town Clerk shall receive of the existence of a defective,
unsafe, dangerous or obstructed condition in or upon or of an accumulation
of ice and snow upon any town highway, bridge, culvert or any other property
owned by the town or by any improvement district, which shall state the date
of the receipt of the notice.
Nothing contained in this Article shall be held to repeal, modify or
waive any existing requirement or statute of limitations which is applicable
to these causes of action but, on the contrary, shall be held to be additional
requirements to the rights to maintain such action; nor shall anything herein
contained be held to modify any existing rule of law relative to the question
of contributory negligence, nor to impose upon the town, its officers and
employees and/or any of its improvement districts any greater duty or obligation
than that it shall keep its streets and public places in a reasonably safe
condition for public use and travel.
[Adopted 4-19-1977 (Ch. 50, Art. II, of the 1976
Code)]
All new construction grading and driveway intersections shall have the
prior approval of the Town of Red Hook Highway Superintendent. Application
and permit with comments will be issued by the Highway Superintendent and/or
Zoning Enforcement Officer or Building Inspector.
No permanent driveway, access road or yard grading shall impede storm
or natural surface drainage upon the roadway.
In no case may driveways extend into the town road beyond the intersecting
line of the pavement. Any unmarked protruding surface above the road shoulder
likely to be damaged by snow removal operations will be the responsibility
of the owner.
Fences, hedges and permanent plantings of any sort shall not be placed
on the road right-of-way. Lawn grass will be permitted to the pavement edge
where no drainage problems exist. Roadside drainageways and gutters may not
interfere with frontage grade or the road right-of-way.
Properties not requiring undersurface drainage or where undersurface
drainage is not practical may be surface guttered to prevent water from running
into the roadway.
Necessary pipe size and type will be specified by the Highway Superintendent.
All costs for installation and permanent maintenance of such undersurface
drains shall be the responsibility of the property owner.
The proposed residential driveway at the point of entrance on the town
highway shall have an optimum of sight distance.
The grade, width and drainage of said proposed driveway shall minimize
any possible damage or injury to the town highway and shall be such as to
provide the maximum safety for all traffic on the town highway in the area
of the entrance of said proposed driveway on said town highway.
Any additional requirements may be imposed by the Superintendent of
Highways for the preservation of the town highway at the point of entrance
of the proposed driveway onto the town highway and for minimizing hazards
and dangers to the traffic on said public highway.
No part of any driveway shall be constructed outside of the permittee's
frontage.
