[HISTORY: Adopted by the Town Board of the Town of Rosendale as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-11-1985 by L.L. No. 3-1985]
No cut or break shall be made in the pavement or street surface, and/or no trench or excavation shall be dug for any purpose whatsoever in any street, road and/or shoulder of any street and/or road owned by the Town of Rosendale, Ulster County, New York, without first obtaining from the Superintendent of Highways of such Town a written permit for the making of such cut, trench or excavation, which permit shall specify the purpose for which the permit is asked and the name of the corporation or person making application therefor, whether or not such corporation or person has duly filed a bond for insurance of such liability and property damage with the Town Clerk, holding the Town blameless in case of accident and guaranteeing the applicant's completion of said project pursuant to specifications contained in said permit. Such permit shall be valid for a period of not more than 15 days after the date of issuance of the same, after which said permit shall lapse and become null and void. If the work for which such permit is issued has not been completed within said period of 15 days, the corporation or person doing such work may apply for a renewal of said permit, and the Superintendent of Highways may grant such renewal, subject to the same limitations and conditions contained in the issuance of the original permit.
Every application for such permit must be in writing and made in person by the corporation or person who filed the necessary bond or certificate of insurance at the office of the Town Clerk in the Town Hall, Main Street, Rosendale, New York, during the regular office hours, in such amounts as shall be established by a resolution of the Town Board. The application shall be in the form approved and supplied to the applicant by the Town Board, which shall be made available at the office of the Town Clerk as set forth above. No application shall be accepted unless accompanied by the necessary bond or certificate of insurance, and no permit shall be issued unless said application and insurance certificate or bond shall be approved by the Superintendent of Highways of such municipality.
Application for such permit must be accompanied by a deposit of $25 for each excavation permit issued to cover the cost of processing this application.
The applicant shall give the Superintendent of Highways of said Town at least 24 hours prior written notice of the time such work is to be commenced unless such notice is waived by said Superintendent.
All trenches or cuts must be properly protected by necessary guards, notices, sheathing and braces and must also be protected by lights at night.
The person or persons granted such permit shall be responsible for all claims for damages resulting from any cause connected with the making of such cut, trench or excavation, including but not limited to any damage sustained by said road or street and/or the shoulder of any road or street as a result of the applicant's failure to complete said project in a workmanlike manner.
Immediate written notice of the completion of work for which the permit is given shall be given to the Superintendent of Highways of said Town. The surfacing of such cut, trench or excavation and the relaying of the pavement for the same shall be done by the Superintendent of Highways, and the cost thereof as certified by him shall be paid by the person, persons or corporation granted such permit to the municipality within 30 days after notice of the same has been given said applicant.
[Adopted 9-9-1987 by L.L. No. 1-1987]
The Town of Rosendale must take all possible action to place reasonable limitations upon its tort liability in cases in which the basis of the action is the condition of property which the Town of Rosendale is responsible to repair or maintain. The Town of Rosendale at this time is particularly desirous of limiting its tort liability because of the increasing number of claims which have been filed against the Town of Rosendale and other municipalities in the recent past and the dramatic increase in the dollar amount of recent jury verdicts and out of court settlements concerning municipalities. In accordance with the favorable view of the New York State courts towards adoption by municipalities of prior notice requirements as conditions precedent to liability in certain tort cases, the Town of Rosendale enacts such a requirement for suits involving alleged liability for the conditions of certain property. Such requirement will not only save money for Ulster County taxpayers by eliminating certain tort claims, it will also limit injuries to persons and property within the Town by providing for written notice of certain defects and, consequently, affording to the Town of Rosendale an opportunity to remedy such defects before accidents have occurred as a result of their existence.
No civil action shall be maintained against the Town of Rosendale for damages or injuries to person or property sustained in consequence of any road, street, highway, bridge, culvert, sidewalk, crosswalk, grating, opening, drain, sewer, parking lot, building, structure, grounds or real property, or any portion thereof, being defective, out of repair, unsafe, dangerous or obstructed, including such condition resulting from an accumulation of ice or snow thereon, and including a failure to warn of such condition, unless at least 48 hours prior to the occurrence resulting in such damage or injuries written notice of the defective, unsafe, dangerous and/or obstructed condition of such road, street, highway, bridge, culvert, sidewalk, crosswalk, grating, opening, drain, sewer, parking lot, building, structure, grounds or real property, or any portion thereof, relating to the particular place shall have been filed in the office of the Town Clerk of the Town of Rosendale and the office of the Highway Superintendent of the Town of Rosendale, and there was a failure or neglect to remedy or remove the defect, danger or obstruction within a reasonable time after the filing of such notice.
The Highway Superintendent of the Town of Rosendale shall transmit in writing to the Town Clerk of the Town of Rosendale within 10 days after the receipt thereof of all written notices received by the Highway Superintendent pursuant to § 59-7 of this article.
The Clerk of the governing board of the Town of Rosendale shall keep an index record in a separate book of all written notices, which said Clerk shall receive pursuant to this article, of the existence of a defective, unsafe, dangerous or obstructed condition in or upon or any accumulation of ice or snow upon any Town road, street, highway, bridge, culvert, sidewalk, crosswalk, grating, opening, drain, sewer, parking lot, building, structure, grounds or real property, or any portion thereof, 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. The records of each notice shall be preserved for a period of five years after the date it is received.