[HISTORY: Adopted by the Town Board of the Town of Olive as indicated
in article histories. Amendments noted where applicable.]
[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.
A.
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.
B.
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.
