[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.
A.Â
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.
B.Â
All trenches or cuts must be properly protected by necessary
guards, notices, sheathing and braces and must also be protected by lights
at night.
C.Â
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.
