[Adopted 8-8-1977 as L.L. No. 3-1977]
The Town Superintendent of Highways of the Town
of Plattekill shall transmit, in writing, to the Town Clerk of the
Town of Plattekill, 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 possible.
The Town Clerk of the Town of Plattekill shall
keep an index record, in a separate book, of all written notices which
he or she 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 of Plattekill 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, and in writing, notify the Town Superintendent
of Highways of the Town of Plattekill of 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 which is applicable to these clauses 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 land relative to the question of contributory
negligence, nor to impose upon the Town of Plattekill, its officers
and employees and/or any of its improvement districts any greater
duty or obligation than that it shall keep its streets, sidewalks
and public places in a reasonably safe condition for public use and
travel.
[Adopted 3-3-2021 by L.L. No. 2-2021]
The applicant shall give the Superintendent of Highways of said
Town at least three business days' prior notice of the time such
work is to be commenced. All trenches or cuts must be properly protected
by necessary guards, sheathing and braces and must also be protected
by lights at night. The person or entity granted such permit shall
be responsible for all claims for damages resulting from any cause
connected with the making of such cut, trench or excavation and shall
defend, indemnify and hold harmless the Town of Plattekill, its officers,
agents and employees from all claims, causes of action, damages, and/or
judgments whatsoever arising from said excavation work.
The person or entity making the cut in the public highway shall
carry liability insurance in the sum not less than $1,000,000 for
each person injured and $3,000,000 for each accident. The Town of
Plattekill shall be named as an additional insured on the policy of
insurance. No permit shall be issued without an endorsement of said
insurance policy naming the Town of Plattekill as an additional insured.
A mere certificate of insurance shall not be acceptable. Such proof
of insurance shall be filed with the Superintendent of Highways and
the Town Clerk. The certificate shall also require the insurance company
writing such insurance to notify the Town Clerk of the Town of Plattekill
by certified mail 10 days' prior to the date that the policy
of insurance will for any reason by canceled.
The application for a permit to make excavations in a public
highway shall be made on forms furnished by the Superintendent of
Highways and shall be submitted in duplicate, along with the applicable
fee by a check payable to the Town of Plattekill. However said work
shall not be deemed completed until inspected and improved by the
Town Highway Superintendent.
After inspection by the Town Highway Superintendent pursuant to §
90-7C above, notice of the completion of work for which the permit is given shall be given to the Superintendent of Highways of the Town of Plattekill. However said work shall not be deemed completed until approved by the Town Highway Superintendent.
If any part or provision of this article or the application
thereto to any person or circumstance shall be adjudged invalid by
any court of competent jurisdiction, such judgment shall be confined
in its operation to the part or provision or application directly
involved in the controversy in which such judgment shall have been
rendered and shall not affect or impair the validity of the remainder
of this article or the application thereof to other persons or circumstances.
This article shall take effect upon filing with the New York
Secretary of State.