[HISTORY: Adopted by the Town Board of the Town of Plattekill Art. I, 8-8-1977 as L.L. No. 3-1977. Amendments noted where applicable.]
[Adopted 8-8-1977 as L.L. No. 3-1977]
A. 
No civil action shall be maintained against the Town of Plattekill or the Superintendent of Highways of the Town of Plattekill or against any improvement district in the Town of Plattekill for damages or injuries to persons or property sustained by reason of any highway, bridge, culvert or any other property owned by the Town of Plattekill or any property owned by any improvement district herein 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 Plattekill or any property owned by any improvement district was actually given to the Town Clerk of the Town of Plattekill or the Town Superintendent of Highways of the Town of Plattekill 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 obstruction complained of; and 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 the Town of Plattekill or any property owned by any improvement district in the the Town of Plattekill, unless written notice thereof, specifying the particular place, was actually given to the Town Clerk of the Town of Plattekill or to the Town Superintendent of Highways of the Town of Plattekill 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.
B. 
No civil action shall be maintained against the Town of Plattekill and/or the Town Superintendent of Highways of the Town of Plattekill for damages or injuries to persons or property sustained by reason of any defect in the sidewalks of the Town of Plattekill 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 Plattekill or the Superintendent of Highways of the Town of Plattekill 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 of the Town of Plattekill or to the Town Superintendent of Highways of the Town of Plattekill and there was a failure or neglect to cause such defect to be remedied or 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 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]
A. 
No cut or break shall be made in the pavement or street surface and no trench or excavation or underground boring shall be made in or beneath a Town Highway for any purpose whatsoever, without first obtaining from the Superintendent of Highways of the Town of Plattekill a written permit for the making of such cut, trench boring or excavation, which permit shall specify the purpose for which the permit is requested and the name of the entity or person making the application and the precise location, width and depth of the proposed excavation. Such permit shall be valid for a period of not more than 30 days after the date of issuance of the same, after which said permit shall lapse and become null and void. If the work for which such permit is issued has not been completed within said period of 30 days, the person or entity doing such work may apply for a renewal, subject to the same limitations and conditions contained in the issuance of the original permit. If the permit expires before the work is completed and no renewal of said permit has been issued the person or entity which commenced any work must immediately refill the hole or trench pursuant to § 90-7 below.
B. 
Before any permit will be issued for any excavation, trenching or boring in or beneath a Town Highway, the person seeking the permit shall post a cash bond with the Supervisor of the Town in an amount to be determined by the Superintendent of Highways. This bond shall be retained by the Town Supervisor for a period of one year after excavation is complete. In the event that the excavated area of the street buckles or breaks or settles within one year after the work is completed, the cash bond shall be used to repair the street. In the event that the area excavated has not buckled, broken or settled in one year after the work has been completed, said cash bond shall be returned to the applicant.
C. 
No permit for the above purposes shall be made or accepted until the applicant presents written confirmation that they have called 811 Dig Safe New York to determine whether there are any underground utilities at the proposed work site and that a determination was made by Dig Safe New York that there are no underground utilities at the proposed work site.
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.
A. 
Excavations in public highways shall be scored or cut with straight edges. All undermining must be recut and treated as set forth below. Proper protection of all existing structures must be maintained, to protect persons and property from injury. In addition all excavation sites must be protected to prevent collapse of the trenched area at all times.
B. 
Excavations must be backfilled with Item 4 which must be compacted every four inches. If any other material is to be used, the permit holder must first receive written permission from the Superintendent of Highways to use substitute materials.
C. 
All manholes, valve boxes, etc., must be set at road level. When refilling the hole, every four inches shall be compacted with a suitable compactor or compressor. At least two business days' prior notice shall be given to the Highway Superintendent before said fill and compaction work has been completed. In the event that the excavation settles within one year from the date of construction, the applicant and builder of the road and the person or entity who engaged his services shall pay to the Town Superintendent of Highways the cost to the Town of bringing the excavation up to grade and in compliance with the specifications set forth herein. In the event that the cash bond referenced above is not sufficient for that purpose the aforesaid persons and entities shall be responsible for any additional costs.
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.
A. 
The permittee shall erect and maintain suitable barricades and fences while the work is in progress and shall arrange the work so as to keep to a minimum inconvenience and delay to vehicular and pedestrian traffic.
B. 
Warning signs and suitable lights shall be placed around any excavation site 50 feet and 150 feet away on each side of the excavation, facing each direction of travel, together with such additional signage as may be deemed necessary by the Highway Superintendent. When directed by the Town Superintendent or other designated officer, the permittee must provide competent persons to direct and expedite traffic.
C. 
It shall be a violation for any person to close any street to traffic except with the prior approval of the Town Superintendent of Highways and subject to such conditions as the Superintendent may impose.
A. 
The Town Code Enforcement Officer is hereby authorized to issue and serve appearance tickets with respect to any violation of this article.
B. 
Any person or persons convicted of violating any provision of this article shall be guilty of a violation. A conviction of a first violation is punishable by a fine of not more than $500 or imprisonment not to exceed 30 days or both. A conviction of a second violation occurring within period of five years is punishable by a fine of not less than $500 nor more than $800 or imprisonment not to exceed three months, or both. A conviction of a third violation occurring within a period of five years is punishable by a fine of not less than $800 nor more than $1,000 or imprisonment not to exceed six months, or both. Each day that a violation continues uncorrected or is resumed shall constitute a separate additional violation.
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.