Town of Wawayanda, NY
Orange County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Wawayanda as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Street specifications — See Ch. 158.
Subdivision of land — See Ch. 162.
Transportation — See Ch. 172.
Vehicles and traffic — See Ch. 180.
[Adopted 2-3-1977 by L.L. No. 1-1977]

§ 156-1 Prior notice required.

No civil action shall be maintained against the Town of Wawayanda (hereinafter referred to as "the Town") or the Town Superintendent of Highways of the Town or against any improvement district in the Town for damages or injuries to person or property (including those arising from the operation of snowmobiles) sustained by reason of any highway, bridge, culvert, highway marking, sign or device or any other property owned, operated or maintained by the Town or any property owned, operated or maintained by any improvement district therein being defective, out of repair, unsafe, dangerous or obstructed unless written notice of such defective, unsafe, dangerous or obstructed condition of such highway, bridge, culvert, highway marking, sign or device or any other property owned, operated or maintained by any improvement district was actually given to the Town Clerk of the Town or the Superintendent of Highways of the Town and that there was a failure or neglect within a reasonable time after giving of such notice to repair or remove the defect, danger or obstruction complained of; and no such action shall be maintained for damages or injuries to persons or property sustained solely in consequence of the existence of snow or ice upon any highway, bridge, culvert or any other property owned by the Town or any property owned by any improvement district in the Town unless written notice thereof, specifying the particular place, was actually given to the Town Clerk of the Town or the Town Superintendent of Highways of the Town 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 receipt of such notice.

§ 156-2 Defects in sidewalks; snow and ice.

No civil action will be maintained against the Town and/or the Town Superintendent of Highways of the Town for damages or injuries to person or property sustained by reason of any defect in the sidewalks of the Town or in consequence of the existence of snow or ice upon any of its sidewalks, unless such sidewalks have been constructed or are maintained by the Town or the Superintendent of Highways of the Town pursuant to statute, nor shall any action be maintained for damages or injuries to person or property sustained by reason of such defect or in consequence of such existence of snow or ice unless written notice thereof, specifying the particular place, was actually given to the Town Clerk of the Town or to the Superintendent of Highways of the Town and there was a failure or neglect to cause such defect to be remedied or 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.

§ 156-3 Transmission of notice; corrective action.

The Town Superintendent of Highways of the Town shall transmit, in writing, to the Town Clerk of the Town, within two days after receipt thereof, all written notice received by him pursuant to this article, and he shall take any and all corrective action with respect thereto as soon as practicable.

§ 156-4 Index record.

The Town Clerk of the Town shall keep an index record, in a separate book, of all written notices which the Town Clerk shall receive of the existence of a defective, unsafe, dangerous or obstructed condition in or upon or of an accumulation of ice and snow upon any town highway, bridge, culvert or a sidewalk or any other property owned by the Town or by any improvement district, which record shall state the date of the 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 record of such notice shall be preserved for a period of five years from the date it is received. The Town Clerk, upon receipt of such written notice, shall immediately, in writing, notify the Town Superintendent of Highways of the Town of the receipt of such notice.

§ 156-5 Construal of provisions.

Nothing contained in this article shall be held to repeal or modify or waive any existing requirements or statute of limitations which is applicable to these causes of action but, on the contrary, shall be held to be additional requirements to the rights to maintain such action, nor shall anything herein contained be held to modify any existing rule of law relative to the question of contributory negligence or to impose upon the Town, its officers and employees and/or any of its improvement districts any greater duty or obligations than it shall keep its streets, sidewalks and public places in a reasonably safe condition for public use and travel.
[Adopted 12-27-1991 by L.L. No. 5-1991]

§ 156-6 Intent.

The purpose of this article is to guarantee that any construction activity on town road rights-of-way will not be performed unless security is posted assuring restoration of the area of construction to its condition prior to the commencement of any such construction.

§ 156-7 Definitions.

As used in this article, the following terms shall have the meanings indicated:
CONSTRUCTION
Any activity involving movement of the surface area of any lands lying within any town road, street or right-of-way.
HIGHWAY SUPERINTENDENT
The duly elected Superintendent of Highways of the Town of Wawayanda.
PERMIT
Written authorization signed by the Highway Superintendent authorizing construction in accordance with the terms of this article.
SECURITY
A cash bond or irrevocable letter of credit in favor of the Town of Wawayanda in such form as may be approved by the Town Attorney or attorney for the Town.

§ 156-8 Application; estimate; permit issuance.

[Amended 2-26-1992 by L.L. No. 2-1992]
A. 
Prior to commencement of construction, any individual or business entity desiring to commence construction shall file with the Highway Superintendent and the Town Clerk an application and plan of construction, in such detail as shall be required by the Highway Superintendent, describing the proposed plan of construction and proposed method of restoration.
B. 
Simultaneously with the application, there shall be submitted to the Highway Superintendent and the Town Clerk an estimate of the cost of restoration.
C. 
Within 10 business days of a fully submitted application, plan and estimate, the Highway Superintendent shall authorize the construction by issuance of a permit conditioned upon the posting of security in such amount as the Highway Superintendent shall deem reasonable based upon the proposed construction.

§ 156-9 Permit required.

Any person or business entity who undertakes construction without a permit as required herein shall be deemed to be in violation of this article.

§ 156-10 Penalties for offenses.

Any violation of any of the provisions of this article shall be subject, upon conviction, to a penalty or fine up to and not to exceed $250 and a term of imprisonment of not more than 15 days, or both. Each and every violation and, in the case of a continuing violation, each day's continuance thereof shall be deemed a separate and distinct offense.