[HISTORY: Adopted by the Town Board of the Town of East Fishkill
as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-8-1974 as Ch.
37 of the 1974 Code]
No driveway which shall enter upon a town highway shall be constructed
without first obtaining a permit as hereinafter provided.
A.Â
The developer or property owner shall obtain a driveway
entrance permit from the Town Superintendent of Highways and shall construct
all driveway entrances to the satisfaction of the Town Superintendent of Highways.
B.Â
Driveway entrance, curbing, gutter, drainage ditch and
roadway interface shall be constructed so as:
Any changes or improvements made to driveway entrances existing at the
time of adoption of this article shall require a driveway entrance permit
and conformance with all provisions of this article.
[Added 9-8-1977 by L.L. No.
8-1977]
The application for a driveway entrance permit must be accompanied by
a bond, in an amount to be fixed from time to time by the Town Board by resolution,
guaranteeing that the applicant will complete the construction of the driveway
entrance within one year in accordance with the plans and specifications approved
by the Superintendent of Highways.
A violation of this article shall constitute an offense punishable by
a fine not exceeding $250 or by imprisonment for a term not exceeding 15 days.
[Adopted 4-14-1977 by L.L.
No. 4-1977]
No civil action shall be maintained against the Town of East Fishkill
or the Town Superintendent of Highways of the Town of East Fishkill or against
any improvement district in the Town of East Fishkill for damages or injuries
to person or property sustained by reason of any highway, bridge, culvert
or any other property, either real or personal, of any type or description,
owned by the Town of East Fishkill, or any property owned 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 or any other property owned by the Town of
East Fishkill or any property owned by any improvement district was actually
given to the Town Clerk of the Town of East Fishkill or the Town Superintendent
of Highways of the Town of East Fishkill 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 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 any improvement district in the Town of East Fishkill, unless
written notice thereof, specifying the particular place, was actually given
to the Town Clerk of the Town of East Fishkill or the Town Superintendent
of Highways of the Town of East Fishkill 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.
No civil action shall be maintained against the Town of East Fishkill
and/or the Town Superintendent of Highways of the Town of East Fishkill for
damage or injuries to person or property sustained by reason of any defect
in the sidewalks of the Town of East Fishkill 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 of East Fishkill or the Superintendent
of Highways of the Town of East Fishkill 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 of East Fishkill or to the Superintendent
of Highways of the Town of East Fishkill and there was a failure or neglect
to cause such defect to be remedied, 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 of the Town of East Fishkill shall
transmit, in writing, to the Town Clerk of the Town of East Fishkill, within
10 days after receipt thereof, all written notices received by him pursuant
to this chapter, and he shall take any and all corrective action with respect
thereto as soon as possible.
The Town Clerk of the Town of East Fishkill shall keep an index record, in a separate book, of all written notices which shall be received on 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 sidewalk or any other property described in § 159-5 by the Town of East Fishkill or 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 and in writing notify the Town Superintendent of Highways of the Town of East Fishkill of the receipt of such notice.
Nothing contained in this chapter shall be held to repeal, modify or
waive any existing requirement or statute of limitations which is applicable
to these causes of actions but, on the contrary, this chapter shall be held
to be additional requirements to the right 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, nor to impose upon the Town of
East Fishkill, its officers and employees and any of its improvement districts
any greater duty or obligations than that it shall keep its streets and sidewalks
fit for public use and travel.
