[Adopted 8-8-1974 by L.L. No. 1-1974]
[Amended 11-10-1983 by L.L. No. 6-1983]
The Town Superintendent of Highways of the Town shall transmit,
in writing, to the Town Clerk of the Town, within 10 days after receipt
thereof, all written notices received by said Superintendent pursuant
to this article, and said Superintendent shall take any and all necessary
corrective action with respect thereto as soon as practicable.
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 sidewalk or any other property owned by the Town
or by an 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 the receipt
of such notice.
Nothing contained in this article shall be held to repeal, modify
or waive any existing requirement 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
nor to impose upon the Town, its officers and employees and/or any
of its improvement districts any greater duty or obligations than
that it shall keep its streets, sidewalks and public places in a reasonably
safe condition for public use and travel.
[Adopted 2-13-1997 by L.L. No. 1-1997]
The Town Board of the Town of Hartland finds that excavating
and work within Town right-of-way areas may be hazardous to be public;
places burden on the officials of the Town charged with the responsibility
of maintaining such highways and that the regulation work done within
highway rights-of-way as authorized by Section 130(7)(a) of the Town
Law of the State of New York and other provisions of law will be in
the best interests of the health, safety and welfare of the citizens
and property of the Town.
This article shall be entitled the "Town Road Work Permit Law
of the Town of Hartland."
This article shall apply to all that portion of the Town of
Hartland outside the Village of Middleport.
As used in this article, the following terms shall have the
meanings indicated:
PERSON
Includes any person, partnership, firm, corporation, municipality,
utility or any other entity.
WORK
Any excavation, drilling, construction, erection of poles,
laying or stringing of wires, placement of culverts, drains, conduits,
sewer or water pipes or any other structure, excluding mailboxes.
The Town Board may, from time to time by resolution, establish
additional regulations governing the issuance of Town highway work
permits.
The Highway Superintendent may require, in his discretion, the
posting of a bond or of a cash deposit in an amount estimated by him
to be necessary to repair any damage to the Town highway as a condition
for issuance of a highway work permit.
Any person who has existing work, consisting of any underground
wires, cables, conduits, pipes, water or sewer lines, located in the
right-of-way of any Town highway shall, within 30 days of the effective
date of this law, file a map with the Superintendent of Highways locating
said work with reasonable accuracy. The Town of Hartland shall not
be responsible for damage to any work in highway rights-of-way where
such map has not been filed.