[HISTORY: Adopted by the Town Board of the Town of Olive as indicated in article histories. Amendments noted where applicable.]
Article I Notification of Defects
Article II Driveways
[Adopted 8-2-1977 by L.L. No. 1-1977]
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.
The Town Clerk of each town shall keep an indexed record, in a separate book, of all written notices which he shall receive of the existence of a defective, unsafe, dangerous or obstructed condition in or upon, or of an accumulation of ice or snow upon any town highway, bridge, culvert or sidewalk, which record shall state the date of receipt of the notice, the nature and location of the condition stated to exist, and the name and address of the person from whom the notice is received. All such written notices shall be indexed according to the location of the alleged defective, unsafe, dangerous or obstructed condition, or the location of accumulated snow or ice. The record of each notice shall be preserved for a period of five years after the date it is received.
This article shall supersede in its application to the Town of Olive Subdivisions 1 and 3 of § 65-a of the Town Law.
[Adopted 3-6-1990 by L.L. No. 1-1990]
This article shall provide standards for driveways entering onto town roads located within the Town of Olive and shall provide procedures for applications and permits for said driveways.
The Town of Olive Superintendent of Highways is hereby granted authority to grant or deny driveway permits within the Town of Olive.
No person, firm or corporation may enter from private lands onto a town road or highway in the Town of Olive without first obtaining a permit to do so from the Superintendent of Highways. The Superintendent of Highways will consider sight, distance, terrain, drainage problems, etc., before granting or denying the permit.
The application for a driveway permit shall be filed in duplicate on forms supplied by the Superintendent of Highways. One duplicate original shall be filed with the Town Clerk and the other with the Superintendent of Highways, together with an application fee.
The Superintendent of Highways shall make a determination with regard to the application for a driveway permit within 30 days of filing said application.
The driveway must be constructed to grade of the public highway or lower as shown in the typical section. The driveway must be so constructed that no water from the driveway shall drain onto a town road.
The driveway must be perpendicular to the town road for at least 25 feet. In the event the driveway is not constructed in accordance with the instructions of the Town Superintendent of Highways, the owner will be given the opportunity to reconstruct the driveway or the Superintendent of Highways may, at his discretion, reconstruct the driveway. If the Superintendent of Highways reconstructs the driveway, the cost of same shall be charged against the owner of the property, and if unpaid, will be assessed against the land upon which the driveway was erected.
The Superintendent of Highways shall be involved in subdivision approval before final subdivision approval is given. Section 129-9 of this chapter is waived prior to subdivision approval.