Town of Esopus, NY
Ulster County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Esopus as indicated in section histories. Amendments noted where applicable.]
[Adopted 5-20-2004 by L.L. No. 2-2004]
A. 
No civil action shall be maintained against the Town or Town Superintendent of Highways, nor other employees or officers thereof, acting in such capacity, for damages or injuries to person or property sustained by reason of any highway, bridge, street, sidewalk, crosswalk, or culvert being defective, out of repair, unsafe, dangerous or obstructed unless, prior to the occurrence resulting in such damages or injuries, written notice of the defective, unsafe, dangerous or obstructed condition of such highway, bridge, street, sidewalk, crosswalk or culvert was actually given to the Town Clerk or 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.
B. 
No such action shall be maintained for damages or injuries to personal property sustained solely in consequence of the existence of snow or ice upon any highway, bridge, street, sidewalk, crosswalk or culvert unless written notice thereof, specifying the particular place, was actually given to the Town Clerk or Town Superintendent of Highways and there was 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.
[1]
Editor's Note: The former notification of defects provisions, adopted 12-28-1985 by L.L. No. 9-1985, included in the Code as §§ 88-1 through 88-3, were repealed 5-20-2004 by L.L. No. 1-2004.
[Adopted 5-20-2004 by L.L. No. 2-2004]
The written notice hereunder shall contain at least the following information:
A. 
Name and mailing address of the person giving notice.
B. 
A precise statement as to the nature and extent of any defective, unsafe, dangerous or obstructed condition or the existence of snow or ice upon any highway, bridge, street, sidewalk, crosswalk or culvert within the Town of Esopus.
C. 
The approximate date that such condition first became known to the person giving the notice.
D. 
The exact location of such condition, giving wherever possible reference to a street address or addresses, utility pole numbers or such other geographic reference as will aid the Town in properly locating such condition.
[Adopted 5-20-2004 by L.L. No. 2-2004]
The Town Superintendent of Highways shall transmit in writing to the Town Clerk within five days after receipt thereof all written notices received pursuant to this chapter and Subdivision 2 of § 65-a of the Town Law. The Town Clerk shall cause all written notices received pursuant to this chapter and Subdivision 2 of § 65-a of the Town Law, to be presented to the Town Board within five days of the receipt thereof or at the next succeeding Town Board meeting, whichever shall be sooner.
[Adopted 5-20-2004 by L.L. No. 2-2004]
The Town Clerk shall keep an index, record, in a separate book, of all written notices which he or she shall receive regarding 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, street, sidewalk, crosswalk or culvert, which record shall state the date of 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 was received. The record of such notice shall be preserved for a period of five years from the date it is received.
[Adopted 5-20-2004 by L.L. No. 2-2004]
For the purposes of this chapter, the terms "highway," "bridge," "street," "sidewalk," "crosswalk," and "culvert" shall include, but not be limited to, every grating, opening, drain, sewer, pier, dock, park, recreational facility, parking lot, path, step or stairway and any other means of access of every kind, nature and description whatsoever leading thereto or therefrom, which is owned, controlled and maintained by the Town of Esopus.
[Adopted 3-9-1988 by L.L. No. 5-1988]
The Town of Esopus will not accept for dedication any road which does not meet the minimum standards set forth below:
A. 
All of the applicable provisions of the Highway Law must be strictly complied with.
B. 
The cost of construction shall be borne by the person offering the road for dedication.
C. 
The right-of-way shall be 50 feet in width.
D. 
The paved portion of the highway shall be 26 feet in width, except in the case of a permanent dead-end highway not more than 600 feet in length, in which case it may be 22 feet in width under the conditions that there shall be no on-street parking, and all other regulations of this chapter shall be complied with.
[Amended 11-19-2009 by L.L. No. 9-2009]
E. 
The center line of the paved portion of the road must also be the center line of the right-of-way. The Superintendent of Highways, for good cause shown, may modify this requirement, in writing.
F. 
Before any highway is to be laid out, the Town Superintendent of Highways must be consulted. In the event that the highway is to be laid out in an area where sewer and water lines have been installed, the owner must also consult the Superintendent of the Water and Sewer Department. Strict adherence to the water and sewer regulations is a prerequisite to the Town's accepting the road as a Town highway.
G. 
Before any highway is to be laid out, the Superintendent of Highways shall be furnished with a survey, in triplicate, prepared by a licensed surveyor in the State of New York of the proposed highway.
H. 
All boundaries of the proposed road shall be marked with suitable permanent markers of steel or stone; all corners shall have permanent markers; all tangents of over 1,000 feet shall have markers set at no less than five-hundred-foot intervals.
I. 
Before construction commences, the right-of-way shall be completely cleared of brush and trees for the full length and width of the proposed road. New roads shall extend to the furthest edge of the owner's property line.
J. 
Drainage.
(1) 
After consultation with the Town Superintendent of Highways, the owner shall, at his own cost and expense, install all drainage structures and driveway crossings of a design, size and length acceptable to the Superintendent of Highways.
(2) 
Easements shall be obtained, if necessary, for drainage ditches, which shall also be of a size and design satisfactory to the Superintendent of Highways.
(3) 
The owner/applicant must submit a stormwater pollution prevention plan pursuant to Chapter 106 of the Town of Esopus Code.
[Added 11-15-2007 by L.L. No. 7-2007]
K. 
Roadway. The full fifty-foot width of roadway shall be graded to conform to a typical cross section, a copy of which is annexed hereto.[1] The road profile shall be submitted to the Town Superintendent of Highways for approval before construction commences; said road shall be constructed to the grade indicated on the profile approved by the Superintendent of Highways. The grade shall be in accordance with good engineering practice and shall be so laid out that additional work by the Town shall be unnecessary after dedication and acceptance.
[1]
Editor's Note: See the Typical Section at the end of this chapter.
L. 
Road proper.
(1) 
The twenty-six-foot-wide traveled portion of the road shall be excavated to a depth of no less than 15 inches below the finished grade. The subbase of the traveled portion of the mad shall be made of hard shale, graded gravel, quarry rubble or Item 4.
(2) 
The subbase must be thoroughly compacted with a suitable heavy roller and trimmed to present an even surface. Both the profile and cross section of the subbase shall be covered with three inches of plant-mixed asphalt base, which in turn shall be rolled and compacted. The final layer shall consist of one-and-one-half-inch Type No. 7 asphalt topping, which shall also be rolled and compacted with suitable and proper equipment. Prior to compaction of each of the three steps set forth above, no additional layer of road surfacing may be applied until and unless the Superintendent of Highways finds that the compaction has been accomplished according to good engineering practice.
M. 
Utility poles or underground utilities must be located in the outside edge of the fifty-foot right-of-way, not more than five feet from the outermost portion of the right-of-way, and must be installed prior to acceptance of the road.
N. 
Dead-end roads.
(1) 
Dead-end roads will generally not be accepted by the Town; however, if the terrain or the physical characteristics of the land allow no alternative except for a dead end, the owner must install a T-turnaround, which must be at least 50 feet in width (that direction which follows the right-of-way) and 150 feet in length (the direction which runs at right angles to the right-of-way). The T shall be on the center line of the right-of-way. The area occupied by the turnaround shall be a part of the deed proffered to the Town for the road. The T shall be constructed in the same manner as the traveled portion of the road.
(2) 
Prior to offering to dedicate the road to the Town, the owner shall furnish the Attorney for the Town with a title policy, which shall specifically state, among other things, that the lands to be dedicated for a road are free and clear of all encumbrances. The dedication of the road to the Town shall be accomplished in exact compliance with the Highway Law. The owner shall also furnish the Town with the cost of filing the deed in the Ulster County Clerk's office.
O. 
The map filed by the owner shall designate the street name.
P. 
A two-inch-by-ten-foot steel pole shall be erected, together with the name of the street, by the owner. Such sign shall be white on a green background and shall be on a standard extruded sign blank.
Q. 
A true and accurate street survey showing all lots and properties to be used in the allocation of present and future street numbering shall also be filed with said map.
R. 
No road will be accepted for dedication which has more than a twelve-percent grade.
S. 
Any deviation from any of the above requirements can only be made by a written release from the Town Superintendent of Highways. Such a release shall accompany the owner's petition for the acceptance of the proposed road as a Town highway.
[Adopted 3-9-1988 by L.L. No. 6-1988; amended 11-19-2009 by L.L. No. 9-2009]
A. 
No person, firm or corporation may enter from private lands onto a Town Highway in the Town of Esopus without first obtaining a permit to do so from the Superintendent of Highways. The Superintendent of Highways will consider sight distance, terrain, drainage problems, etc., before granting or denying the permit. Access into private lands from any state or county roadway must be approved by either the New York State Department of Transportation or the Ulster County Department of Public Works.
B. 
The application for a driveway permit shall be made in duplicate on forms supplied by the Building Department.
C. 
For existing lots which were not approved by the Town of Esopus Planning Board, or for lots approved by the Planning Board on which substantial improvements, such as construction of a structure requiring a building permit or the installation of a driveway and septic system, have not been undertaken within 60 months of Planning Board approval, the following standards shall be met in the construction of driveways:
(1) 
Driveway locations shall be shown on the plat or site plan. The maximum gradient to the building site shall not exceed 12%, unless waived by the Building Inspector and/or the Highway Superintendent and the intersection of driveways with the road shall be perpendicular for at least 25 feet, unless specifically waived by the Building Inspector and/or the Highway Superintendent.
(2) 
All required drainage shall be included with the building permit application on the plot plan, as submitted, and subject to the approval of the Town of Esopus Building Inspector and Town of Esopus Highway Superintendent unless modified by the applicable county or state agency.
(3) 
The minimum radius on turns shall be 50 feet.
(4) 
If a driveway is 1,200 feet or longer, there shall be twelve-foot-by-thirty-foot turnout at intervals, not to exceed 800 feet or as site conditions may allow.
(5) 
Driveways shall be 12 feet wide and founded on material acceptable to the Building Inspector and/or the Highway Superintendent.
(6) 
The Building Inspector may require that the applicant submit topographic and design information to demonstrate compliance with these standards.