[HISTORY: Adopted by the Clarkson Town Board: Art. I, 7-25-1979
by L.L. No. 2-1979; Art. II, 12-22-1992
by L.L. No. 6-1992. Amendments noted where applicable.]
[Adopted 7-25-1979 by L.L. No. 2-1979]
No civil action shall be maintained against any town or Town Superintendent
of Highways for damages or injuries to person or property sustained by reason
of any highway, bridge 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 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; but 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
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 a 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
the receipt of such notice.
The Town Superintendent of Highways shall transmit, in writing, to the
Town Clerk, within five days after the receipt thereof, all written notices
received by him pursuant to this Article and Subdivision 2 of § 65-a
of the Town Law. The Town Clerk shall cause all written notices received by
him or her 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.
This chapter shall supersede in its application to the Town of Clarkson
Subdivisions 1 and 3 of § 65-a of the Town Law.
[Adopted 12-22-1992 by L.L. No. 6-1992]
The purpose of this article is to establish a procedure for the work
to be done on the town highways of the Town of Clarkson, Monroe County, New
York. It is the intent of this article to control access to the highways of
the Town of Clarkson and to protect the health, safety and welfare of the
citizens of the Town of Clarkson and to protect and preserve the highways,
water, sewage, drainage, sidewalk and lighting facilities which have been,
or will be, dedicated to the Town of Clarkson.
As used in this article, the following terms shall have the meanings
indicated:
The individual serving as Superintendent of Highways pursuant to
§ 20 of the Town Law.
The entire width between the boundary line of all property which
has been, or is proposed to be, dedicated to the Town of Clarkson for highway
purposes.
Except in connection with the construction, reconstruction maintenance
or improvement of a town highway, no person, firm or corporation shall construct
or improve, within the town highway right-of-way, an entrance or connection
to such highway or construct within the town highway 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 Superintendent of Highways.
The Superintendent of Highways shall, subject to approval by the Town
Board after public hearing, establish regulations governing the issuance of
highway work permits to protect the interests of the Town of Clarkson during
the performance of 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 town highways and
any proposed improvement thereto within the reasonably foreseeable future
and any standards governing access, nonaccess or limited access which have
been established by law or regulation by the Town of Clarkson.
The Superintendent of Highways signature shall be required on all subdivision
maps prior to the final unconditional approval of the Planning Board. Said
signature shall evidence that the Superintendent of Highways has reviewed
and approved the subdivision and its impact on the Town Highway system as
is required above.
The Town Board from time to time by resolution shall establish fees
for the issuance of highway work permits.
If in the opinion of the Superintendent of Highways, a deposit of money,
letter of credit or performance bond is required to guarantee the performance
of the work, including a sums for any subsequent damage caused by the work
performed, the Superintendent of Highways shall refer said matter to the Town
Board, together with the Superintendent of Highway's recommendation as
to the amount, form, duration and terms of said security. The Town Board shall,
upon notice to the applicant, who shall be given an opportunity to be heard,
consider the application and decide on the matter after discussion thereof.
Nothing contained herein is intended to require an applicant to post duplicate
security for the same job, and nothing herein is intended to abrogate the
authority of the Planning Board to require security pursuant to § 277
of the Town Law.
For any and every violation of the provisions of this article, the person,
firm or business violating such article shall be guilty of a misdemeanor punishable
by a fine not to exceed $500 and/or imprisonment not to exceed 15 days, or
both. Each day's violation shall constitute a separate additional violation.
In addition, the town may maintain an action or proceeding in a court of competent
jurisdiction to recover damages sustained and/or compel compliance with or
to restrain by injunction the violation of the provisions of this article.
