[HISTORY: Adopted by the Town Board of the
Town of Bergen as indicated in article histories. Amendments noted
where applicable.]
[Adopted 4-24-1995 by L.L. No. 1-1995]
A.
The Town of Bergen finds that in order to protect
the health, safety and welfare of the people of the Town, it is necessary
for the Town to enact this article in order to ensure construction,
reconstruction, maintenance or improvement within the Town road rights-of-way
is performed in any orderly and appropriate manner.
B.
The of Town of Bergen declares that the purpose of
this article is to establish practices and procedures applicable to
any person, firm or corporation performing work within the Town road
rights-of-way.
As used in this article, the following terms
shall have the following meanings:
The Superintendent of Highways for the Town.
The Town of Bergen, New York.
The entire width between the boundary line of all property
which has been purchased or appropriated by the Town for Town highway
purposes, all property over which the Highway Superintendent or his
predecessors has assumed jurisdiction for Town highway purposes, all
property over which the Highway Superintendent has assumed jurisdiction
during the period of construction, reconstruction or improvement and
all property which has become part of the Town highway system through
dedication or use.
A.
Except in connection with the construction, reconstruction,
maintenance or improvement of a Town highway performed under the jurisdiction
and supervision of the Highway Superintendent, 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 Highway Superintendent or his duly designated agent.
B.
As a condition of the issuance of a work permit as set forth in Subsection A of this section, any person, firm or corporation applying for such a work permit shall be required to deposit money or bonds guaranteeing the performance of the work covered by the work permit.
C.
The Town Board shall determine the fees, if any, to
be charged for the issuance of a work permit under this article. The
Highway Superintendent shall establish regulations governing the issuance
of highway work permits, including a system of deposits of money or
bonds guaranteeing the performance of the work and requirements of
insurance to protect the interest of the Town during performance of
the work pursuant to the work permit. With respect to driveway entrance
permits, the regulation 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 the such facility may impair the safety and traffic-carrying
capacity of the existing Town highway and any proposed improvement
thereto within the reasonable foreseeable future, and any standards
governing access, nonaccess or limited access which have been established
by the Highway Superintendent.
D.
Upon completion of the work within the Town highway
right-of-way, authorized by the work permit, the person, firm or corporation
and his or its successors in interest shall be responsible for the
maintenance and repair of such work or portion of such work as set
forth within the terms and conditions of the work permit.
Any person, firm or corporation violating this
article shall be liable for a fine of not less than $25 and not more
than $250 for each day of violation, to be recovered by the Highway
Superintendent and paid into the Town Highway Fund for construction,
reconstruction and maintenance of Town highways, and may also be removed
therefrom as trespasser by the Highway Superintendent upon petition
to the Town Justice Court or the Supreme Court of the State.
[Adopted 11-26-2019 by L.L. No. 5-2019]
No civil actions shall be maintained against the Town or Town
Superintendent of Highways for damages or injuries to person or property
sustained by reason of any highway, bridge, street, 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, 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, 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 the receipt of such
notice.
The Town Superintendent of Highways shall transmit, in writing,
to the Town Clerk, within 10 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 10 days of the
receipt thereof or at the next succeeding Town Board meeting, whichever
shall be sooner.
This article shall supersede in its application to the Town
of Bergen Subdivisions 1 and 3 of § 65-a of the Town Law.
This article shall take effect immediately upon its filing in
the office of the Secretary of State.
