[Adopted 1-8-1981 by L.L. No. 3-1981; amended in its entirety 4-20-2023 by L.L. No. 3-2023]
Pursuant to New York State Town Law § 65-a and Municipal
Home Rule Law § 10, Subdivision 1(ii)d(3), the Town Board
of the Town of Colonie has adopted this article, the purpose of which
is to serve the public interest by limiting the liability of the Town
insofar as no action shall be maintained for damages or injuries to
person or property in consequence of conditions which may arise without
warning unless actual written notice thereof is given to the Town
Attorney of the Town.
No civil action shall be maintained against the Town of Colonie,
the Commissioner of Public Works or 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 street, appurtenance or improvement thereto, bridge, culvert,
sluice, stormwater drain, sewer or water pipe, street 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 street or appurtenance or improvement
thereto, bridge, culvert, sluice, stormwater drain, sewer or water
pipe, street 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 provided to the Town
Attorney, and there was thereafter a failure or neglect within a reasonable
time 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 debris, vegetation, snow or ice upon any street or appurtenance
or improvement thereto, bridge, culvert, sluice, stormwater drain,
sewer or water pipe 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 exact location, was provided to the
Town Attorney, and there was failure or neglect to cause such debris,
vegetation, 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 will be maintained against the Town and/or the
Commissioner of Public Works 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 Commissioner of Public Works 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 defect and location of same, was given to the Town
Attorney of the Town, and there was a failure or neglect to remedy
such defect, remove snow and/or ice or to make the location otherwise
reasonably safe within a reasonable time after the receipt of such
notice.
Nothing contained in this article shall be held to repeal or
modify or waive any existing requirement or statute of limitations
but shall be held to be additional requirements to the rights to maintain
such action. Nothing contained herein shall 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
that it shall keep its streets, sidewalks and public places in a reasonably
safe condition for public use and travel.
[Adopted 12-16-1982 as L.L. No. 17-1982; amended in its entirety 4-20-2023 by L.L. No. 3-2023]
The purpose of this article is to regulate the laying out of
streets, thoroughfares and/or highways and to outline the sequence
of steps in connection with street construction and dedication in
the Town of Colonie, Albany County, New York, in order to ensure that
such streets are designed and installed in accordance with proper
engineering and construction practices.
This article shall hereafter be known and cited as the "Street
and Highway Law of the Town of Colonie."
As used in this article, the following terms shall have the
meanings indicated:
APPLICANT
Any person, persons, firm, corporation, partnership or association
who shall submit plans and related information for construction of
a street to the Town of Colonie for approval.
BASE COURSE
An asphalt concrete street paving foundation prepared and
installed in accordance with the specifications of the highway and
drainage standards.
CONSTRUCTION INSPECTOR
An individual or a group of individuals who shall be employed
by the Town of Colonie to perform inspections during construction
of a street to ensure that the street is properly completed.
CORE SAMPLE
A specimen of the street subbase and paving material taken
on completion of the base course to verify the depth and type of materials
placed.
DEDICATION
The acceptance by resolution of the Town Board of the Town
of Colonie of a parcel of land offered by an applicant for public
purposes.
DEED
A conveyance of realty by written document signed by the
grantor whereby title to realty is transferred from one party to another.
DEVELOPER
Any person, persons, firm, corporation, partnership or association
who shall, directly or indirectly, undertake to construct a street.
DPW
The Town of Colonie Department of Public Works, which shall include the Bureau of Engineering, Division of Highway, Division of Latham Water, Division of Pure Waters, and Division of Facilities Maintenance. See §
34-4.
DRY SEWER/WATER
Sanitary sewer or water distribution lines installed in areas
beyond a workable distance from existing public facilities, to be
connected to public facilities when they become available.
EASEMENT
A right granted by the owner of a parcel of real property
to another party for use of all or part of the parcel for a specific
use. Easements granted to the Town of Colonie for utilities or access
shall be permanent easements.
FINAL DESIGN APPROVAL
The approval of the Division of Highway of final plans and
details for construction of a street. The approval shall be issued
in the form of final plans signed by the Commissioner of Public Works.
Where a proposed street is part of a subdivision proposal, the signatures
of three members of the Planning Board and the Commissioner of Public
Works on the final subdivision plan shall constitute final design
approval. Final design approval shall not constitute acceptance of
a street by the Town of Colonie.
NGVD
National Geodetic Vertical Datum of 1929.
OFFICIAL HIGHWAY MAP
The Town of Colonie Official Highway Map, as presently existing
or as subsequently adopted or amended.
PROJECT BOUNDARY LINES
The limit of grading, clearing or other disturbance of the
land necessary for the installation of a street and related improvements.
PROJECT ENGINEER
An engineer licensed to practice under the laws of the State
of New York, who shall be employed by an applicant or developer to
design a street and related improvements and to supervise their installation,
also referred to as "applicant engineer."
ROW or RIGHT-OF-WAY
That parcel of land which is to be offered to the Town of
Colonie for dedication for public purposes and which will contain
a proposed street.
STREET
A traveling way intended for use by the general public and
dedicated to the Town of Colonie for public purposes.
SUBBASE
A gravel street foundation layer prepared and installed in
accordance with the specifications of the highway and drainage standards.
SUBGRADING
Grading of a street ROW or an easement in preparation for
placement of utilities and street subbase and pavement materials.
TOP COURSE
The final layer of asphalt concrete street paving material,
prepared and installed in accordance with the specifications of the
highway and drainage standards.
TOWN
The Town of Colonie.
UTILITIES
All storm sewer, sanitary sewer, water distribution, gas,
electric power, telephone, cable television, and similar services,
designed and installed with the intent to serve the general public.
The applicant shall submit with his application a fee for review
of the application and plans to the PEDD. The amount shall be in accordance
with the fee schedule established by the Town Board.
The provisions of this article shall be enforced by the DPW,
Town Attorney, and Justice Court.