[Adopted by L.L. No. 2-1997]
A.
No civil action shall be maintained against the Town of Highland,
hereinafter referred to as "the Town," or the Town Superintendent
of Highways or against any improvement district in the Town for damages,
bridge, culvert, highway marking, sign or device or any other property
owned, operated or maintained by the Town or any property, 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
street, 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
was actually given to the Town Clerk or the Town Superintendent of
Highways and that there was a failure or neglect within a reasonable
time after the giving of such notice to repair or remove the defect,
danger or obstructions which is the subject of such notice.
B.
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 street, 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 or the Town Superintendent
of Highways 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 the receipt of such notice.
[Amended 7-14-2009 by L.L. No. 4-2009]
[Amended 7-14-2009 by L.L. No. 4-2009]
No civil action shall be maintained against the Town and/or
the Town Highway Superintendent for damages or injuries to persons
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 Highway Superintendent pursuant to statute,
nor shall any action be maintained for damages or injuries to persons
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 or the Town
Highway Superintendent 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
receipt of such notice.
No civil action shall be maintained against the Town of Highland or against any improvement district in the Town for damages or injuries to person or property sustained by reason of any property owned, operated or maintained by the Town of Highland 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 said defective, unsafe, dangerous or obstructed condition, specifying the particular place, was actually given to the Town Clerk of the Town of Highland or the 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; but no 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 property owned, operated or maintained by the Town of Highland or any property owned, operated or maintained by any improvement district therein unless written notice thereof, specifying the particular place, was actually given to the Town Clerk of the Town of Highland or the Town Superintendent of Highways 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 the receipt of such notice. For purposes of this section, "property of the Town of Highland or of any improvement district in the district in the Town" shall include, but not be limited to, the interior and exterior of any building owned, operated, maintained or controlled by the Town of Highland or any improvement district therein, parklands, historic sites, recreation areas, swimming pools, scenic rights, overlooks, garages, storage areas, any road, bridge or culvert other than a street, highway, bridge or culvert provided for in § 90-3 and sidewalks, ramps, access ways and other methods of ingress and egress to or from, within or without such property.
The Town Highway Superintendent shall transmit, in writing,
to the Town Clerk, within 10 days after receipt thereof, all written
notices received by him pursuant to this article, and he shall take
any and all corrective action with respect thereto as soon as practicable.
The Town Clerk 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 snow and ice upon any Town street, highway,
bridge, culvert or sidewalk of any other property owned by the Town
or by any improvement district, which record shall state the date
of the name and address of the persons 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
Highway Superintendent of the receipt of such notice.
Nothing contained herein shall be held to repeal or modify or
waive any existing requirement or statute of limitation which is applicable
to these causes of action, but, on the contrary, 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 Highland, its officers and employees and/or
any of its improvement districts any greater duty or obligation than
that it shall keep its streets, highways, sidewalks and public places
in reasonably safe condition for public use and travel.
This article shall supersede, in its application to the Town
of Highland, Subdivisions 1 and 3 of § 65-a of the Town
Law of the State of New York.
This article is adopted for the purpose of regulating, among
other highway features, the following:
A.
The location and construction of utility facilities and other structures
within the rights-of-way and bounds of streets, highways and roads
of the Town of Highland.
B.
The location, design, construction, maintenance and drainage of access
driveways and private roads within the rights-of-way and bounds of
streets, highways and roads of the Town of Highland, for the purpose
of ensuring the structural integrity of such driveways or private
roads, avoidance of costs to the Town of Highland for returning Town
streets, highways and roads to their original condition, economy or
maintenance, preservation of proper drainage, and safe and convenient
passage of traffic.
As used in this article, the following terms shall have the
meanings indicated:
A private road or drive providing vehicular access to any structure or structures, building or buildings, lot or lots, parcel of parcels of land with adequate site distance. (See § 160-10, Definitions: SIGHT DISTANCE.)
[Amended 7-14-2009 by L.L. No. 4-2009]
The owner of land, or his authorized agent, proposing to
obtain access to a Town street, highway or road.
A road or drive which is owned and maintained by anyone other
than the Town of Highland, the County of Sullivan or the State of
New York, for example, logging roads.
The Highway Superintendent of the Town of Highland or his
authorized representative.
A.
No work shall be performed within the right-of-way or bounds of any
street, highway and road of the Town of Highland involving the placing
or repair of utility facilities or other structures, opening of the
surface for any purpose, laying out or constructing driveways or roads
or any other means of ingress or egress or altering of drainage without
first obtaining a permit from the Town of Highland.
B.
Nothing herein shall be construed to require a permit in advance
for emergency repairs necessary for the safety of the public or restoration
of service, but application for such permit and the fees shall be
submitted as herein prescribed within five days after the commencement
of the work.
C.
Nothing herein shall be construed as requiring permits for the installation
of utility poles.
The application for a permit required hereunder shall be on
a form prescribed by the Town Highway Superintendent, who shall also
specify the number of copies required. The application for permit
shall be made to the Town Highway Superintendent and be accompanied
by the required number of copies of a plan detailing the location
and pertinent dimension of the opening, the proposed installation
and method of construction and, related street highway features (width
of traveled roadway, right-of-way lines, distance to the lot lines).
The plan shall also provide details with respect to culvert or similar
drainage devices, ditches, grades and any other features as may be
required by the Town Highway Superintendent to determine the adequacy
of such means of access.
The application for permit shall be accompanied by such fee
as shall be fixed from time to time by resolution of the Town Board.
The fee shall cover the cost of processing the application and the
first inspection of the work. Fees for additional inspection will
be based on the cost of making the inspections. Additional fees may
also be imposed for the cost associated with any restoration work
performed by the Town as may be required.
A.
Drainage control.
(1)
No increase in the flow of water into existing drainage facilities
of the Town street, highway or road, or onto the property of some
other person, shall be permitted unless a drainage control plan is
submitted to and approved by the Town Highway Superintendent.
(2)
If an increase in the flow of water as described in Subsection A(1) above may occur, appropriate releases shall be obtained by the applicant from the owners of land receiving the increased run-off and submitted with the application.
(3)
In the event that the existing drainage capacity on the Town street,
highway or road would be insufficient to handle the additional run-off
brought about by this construction work, it shall constitute sufficient
grounds for denial of the permit.
B.
Work standards. All work shall be performed to the standards of the
Town Highway Superintendent, which standards the Town Highway Superintendent
is hereby authorized to promulgate, and shall also be consistent with
the safety needs of the public. Where traffic control is necessary,
it shall be accomplished according to the standards as shall be specified
by the Town Highway Superintendent.
C.
Damage to public facilities. The permittee shall restore all pavement
and shoulders to the condition that existed prior to performance of
any work at the expense of the permittee. The permittee shall be responsible
for repairing any failure of facilities within two years of completion
of the work. If the permittee fails to comply herewith, the Town Highway
Superintendent shall complete the necessary repairs and/or contract
for the same and collect the cost and expense thereof as provided
herein.
D.
Driveway and private road location.
(1)
All driveways and private roads shall be located, designed, constructed,
and maintained so as not to interfere with the design, maintenance,
and drainage of the Town street, highway or road being intersected.
(2)
Driveways shall be permitted only at locations with adequate sight
distance and which will not create a traffic hazard. Locations of
private roads shall conform to the standards of the Town of Highland
subdivision laws, rules and regulations.
(3)
Private roads which are used as logging roads, in addition to the
foregoing, shall not be used for the storage of logs or the loading
of logs within the Town right-of-way, without express prior written
approval by the Highway Superintendent, which approval shall only
be given when exceptional field circumstances prevent compliance.
[Amended 7-14-2009 by L.L. No. 4-2009]
E.
Driveway design standards. All driveways must be constructed to provide
unobstructed access for fire-fighting and emergency service personnel,
apparatus and equipment to buildings and structures.
F.
Work schedule. All work involving cuts in the traveled portion of
the Town street, highway, or road must be started with 15 days of
permit issuance. All such work must be completed within five days
of work commencement.
G.
Indemnification. The permittee shall fully indemnify and save harmless
and defend the Town, its agents and employees, from all liability
for damages or injury occurring to any person or persons or property
through or in consequence:
(1)
Of any act or omission of the permittee and any contractor, agent,
servant, employee or person engaged or employed in, about, or upon
the work by the permittee;
(2)
Any failure of the permittee or any such person to comply with the
permit or this part;
(3)
Any failure within a period of two years after completion of the
permitted work of the highway in the immediate area of the work performed
under the permit where there is no similar failure of the highway
beyond the area adjacent to the area of the permitted work.
H.
Revocation. The Town Highway Superintendent shall have the right
to revoke or annul any permit issued hereunder at any time should
permittee fail to comply with the terms and conditions upon which
it is granted.
I.
Assignment. No permit shall be assigned or transferred without the
written consent of the Town Highway Superintendent.
Upon completion of the work authorized by permit, the Town Highway
Superintendent shall cause the work to be inspected and when necessary,
enforce compliance with conditions prescribed by the permit and this
ordinance. If the permittee shall fail to rectify any defect within
60 days of written notice from the Town Highway Superintendent to
do so, the Town Highway Superintendent may cause the work to be performed
and impose upon the applicant the cost thereof together with an additional
20% of such cost to offset administrative costs.
Any person who shall commit or assist in the commission of any
violation of this article, or who shall build, erect, construct, or
attempt the same, contrary to the plans or specifications submitted
to the Town Highway Superintendent and by him certified and approved
as complying with this article, and any person who shall omit, neglect,
or refuse to do any act required by this article, shall be subject
to a fine of not more than $250 to be recovered by the Town Board
in any court of competent jurisdiction. Every such person shall be
deemed guilty of a separate offense for each date that such violation,
disobedience, omissions, neglect, or refusal shall continue. Where
the person committing such violation is a partnership, association,
or corporation, the principal executive officer, partner, agent or
manager may be considered to be the person for the purpose of the
part.
The above standards may be modified or waived in individual
circumstances where health, safety or welfare concerns merit the same
or where the occupancy would be temporary in nature, such as logging
roads. Permits in such cases shall be issued with the exceptions deemed
appropriate by the Town Highway Superintendent, provided public health,
safety and welfare will not be endangered. These standards also may
be revised from time to time, but such revisions shall not affect
applications pending under preexisting standards nor shall they have
any bearing on private roads and driveways which were legally constructed
prior to the original enactment of this Part, unless the same are
proposed to be structurally modified so as to change or result in
a new opening to a Town street, highway or road.
A.
No person, firm, corporation or municipality shall construct or improve,
within the Town road right-of-way an entrance or connection to such
road, or construct within the Town road right-of-way any works, structure
or obstruction, or any overhead or underground wire, conduits or drainage,
sewer or water pipes, or access Town road rights-of-way from private
property for logging operations, except in accordance with the terms
and conditions of a work permit issued by the Town highway Superintendent
or his duly designated agent. Notwithstanding the limitations in any
general or special law, a work permit applicant shall have and is
hereby given authority to deposit with the Town Highway Superintendent
such a sum of money or a security bond or suitable insurance naming
the Town as an insured part as may be required as a condition precedent
to the granting of the permit provided in this section. Any such sum
of money or security bond shall be deposited with the Town Clerk as
soon as practical.
B.
The Town Board after consultation with the Highway Superintendent
shall establish regulations governing the issuance of highway work
permits, including the fees to be charged therefor, 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 a highway work permit. With respect to driveway
entrance permits, the regulations shall take into consideration the
prospective character of the development, the traffic which will be
generated by the facility within the reasonable foreseeable future,
and any standards governing access, non-access or limited access which
have been established by the Town Highway Superintendent.
C.
Upon completion of the work within the Town road right-of-way, authorized
by the work permit, the person, firm, corporation, municipality, and
his or its successors in interest, shall be responsible for the maintenance
and repair for such work or portion of such work as set forth within
the terms and conditions of the work permit.
D.
An advertising sign, display or device, or any part thereof, erected
in violation of this section shall be removed from the Town road right-of-way
by the owner or the part responsible for its erection. The Town Highway
Superintendent shall make a demand by mail, to the last known address
of the owner, apparent owner or part responsible for the erection
of such advertising sign, display or device, for its removal and,
if it is not removed within 20 days from the date of the mailing of
such demand, the Town Highway Superintendent may remove any such advertising
sign, display or device, or any part thereof, from the Town Road right-of-way.
E.
The term "Town road right-of-way" shall, for the purposes of this
section, mean the entire width between the boundary line of all property
which has been purchased or appropriated by the Town for Town road
purposes, all property over which the Town Highway Superintendent
or his predecessors has assumed jurisdiction for Town road purposes,
all property over which the Town Highway Superintendent has assumed
jurisdiction during the period of construction, reconstruction or
improvement and all property which has become part of the Town road
system through dedication or use.
F.
Any person, firm or corporation violating this section shall be liable
to a fine of not more than $250 for each day of violation, to be recovered
by the Town and paid into the Town treasury to the credit of the Town
Highway fund.
A.
The Town of Highland, herein referred to as the "Town," has adopted
these standards for construction of new roadways to be dedicated as
part of the Town road system.
B.
All roadways to be taken over by the Town shall be certified they
are in compliance with these standards by a professional engineer
licensed to practice in New York State, herein referred to as the
"project engineer."
C.
Before the roadway is taken over by the Town, a set of as-built plans
approved by the project engineer shall be submitted to the Town Clerk
and the Town Highway Department. Approval by the Highway Superintendent
that the project meets the standards shall be required prior to acceptance
by the Town Board. Both the Highway Superintendent and the Town Board
must accept the roadway before it is accepted as part of the Town
road system. The Town reserves the right to not accept a roadway,
notwithstanding that all portions of these standards have been met.
D.
All applications for the dedication of a roadway shall be accompanied
by a proposed warranty deed conveying said highway to the Town, with
all necessary releases from mortgages or other claimants. All deeds
and plans must meet requirements for filing with the County Clerk.
E.
For a subdivision, the plans must be submitted prior to start of
construction. A construction plan showing erosion control and other
pertinent information must be supplied fir subdivisions.
F.
As a minimum, the plans for the roadway shall provide the following:
(1)
Design criteria used;
(2)
The names of all the streets approved by County 911 Coordinator;
(3)
Location and alignment survey performed by a licensed surveyor that
includes:
(a)
Original and finished grades.
(b)
The layout and locations of all roads and streets and their
metes and bounds.
(c)
The location of any property lines and their metes and bounds.
(d)
The location of the Town's right-of-way.
(e)
The location of other rights-of-way and easements, including
a statement of their allowable uses.
(f)
The location of all drainage structures.
(g)
The location of any utilities in the right-of-way.
(h)
The names of adjacent property owners to the roadway.
(4)
A maintenance plan for the roadway;
(5)
Location of all signs and traffic control devices; and
(6)
A cross-section of a typical tangent section.
G.
Clarification or exceptions to these standards shall be approved,
in advance, by the Town Highway Superintendent in writing. Oral responses
by the Town Highway Superintendent will not be considered as approved.
A.
The roadway shall be certified to meet the requirements of the: (1)
Manual: Guidelines for Rural Town and County Road, Local Roads Research
and Coordination Council, December 1992; or (2) Local Low Volume Roads
and Streets, American Society of Civil Engineers, November 1992; and
any revisions or supplements thereof.
B.
The requirements listed in these specification are for volume roads
and streets with a maximum average daily traffic (ADT) of 400 vehicles
per day.
(1)
Any roadway that does not meet the definition of a low volume roadway
will require standards that are more stringent than those defined
in these specifications. In such case, the entire design must be approved
before construction.
(2)
Where a conflict exists between the two publications, the Manual:
Guidelines for Rural Town and Country Roads shall govern.
(3)
All design criteria shall be listed on the roadway plans and any
criteria not listed in the two publications listed above shall be
determined using current engineering practice.
(4)
The plans shall designate the source of any design assumptions.
C.
In addition, as a minimum, the road shall meet the following criteria:
(1)
A design life of not less than 15 years with routine maintenance.
(2)
A right-of-way of not less than 50 feet (15.25m).
(3)
Drainage facilities designed to handle a fifty-year storm under the
roadway and a twenty-five-year storm on all other facilities. The
minimum size opening of any pipe is 12 inches (300 mm) in diameter
or equivalent.
(4)
The combined thickness of the base and the surface courses shall
be at least 18 inches (450 mm) thick.
(5)
A minimum design speed of 40 miles per hour (65 k/hour).
D.
Definitions of design criteria:
(1)
Design life: the time in years from original construction until the
present serviceability index has dropped to 2.0.
(2)
Present serviceability index - p (also known as the terminal serviceability
index - p.): the ability of a roadway to handle traffic as defined
by the AASHO (American Association of State Highway Officials, the
precursor to AASHTO) road test performed in the 1950s.
(3)
A right-of-way: the width of land owned or controlled by a highway
agency for the purposes of maintaining or constructing roads and streets.
(4)
A fifty-year storm: a runoff event with a probability of occurring
in a given year to the inverse of the value of the year. A fifty-year
storm would have a 1 to 50 (2%) chance of occurring in a given year.
(5)
A 12 inches diameter equivalent opening: an area of 113 inches2 (70,685 mm).
(6)
Design speed: the typical operating speed on a roadway. Also, the
speed used in the geometric design of a roadway controlled by terrain,
traffic volume, and roadway classification.
E.
All materials and all work shall meet the requirements of the latest
revision of the New York State Department of Transportation Standard
Specifications for Construction and Materials, including any Engineering
Instructions or Bulletins, unless alternatives are approved in advance.
Design and construction requirements may be modified and waived due
to specific field conditions upon certification by a Professional
Engineer that such modification and waiver will not materially reduce
the structural integrity or anticipated useful life of the road or
adversely affect road safety. Such "modification and waiver" require
the advance written approval of the Town Highway Superintendent and
Town Planning Board.
