N.Y. Highway Law § 140: General powers and duties of town superintendent

§ 140. General powers and duties of town superintendent. The town

superintendent shall, subject to the rules and regulations of the

department of transportation, made and adopted as provided in this

chapter:

1. Have the care and superintendence of the town highways and bridges

and board walks or renewals thereof on highways less than two rods in

width, in the town, except as otherwise specially provided in relation

to incorporated villages, cities and other localities.

2. Cause such highways and bridges and the board walks or renewals

thereof on highways less than two rods in width to be kept in repair,

and free from obstructions caused by snow and give the necessary

directions therefor, and inspect the highways and bridges within the

town, during the months of April and October of each year, or at such

other time as the county superintendent may prescribe; and may cause to

be constructed and repaired any public roads, walks, places and avenues

on any sand beach separated by more than two miles of water from the

main body of his town, or on any island or part of an island in his

town, although such roads, walks, places and avenues are narrower than

the width of highways required by statute. Within the meaning of this

section, or of any provision of this chapter referring to a renewal of a

board walk on a highway less than two rods in width, the term "renewal"

shall include a walk built of other material to replace such board walk.

3. Divide the town into as many sections as may be necessary for the

proper maintenance and repair of the town highways therein, and the

opening of town highways obstructed by snow.

4. Within the limits of appropriations employ such persons as may be

necessary for the maintenance and repair of town highways and bridges,

and the removal of obstructions caused by snow, subject to the approval

of the town board, and provide for the supervision of such persons.

5. Construct and keep in repair sluices and culverts and cause the

waterways, bridges and culverts to be kept open.

6. Cause loose stones lying in the beaten track of every town highway

within his town to be removed at least three times each year between the

first day of April and the first day of December. Stones so removed

shall be conveyed to some place from which they shall not work back, or

be brought back into the track by road machines or other implements used

in repairing such highways.

7. Cause briers, brush and noxious weeds growing within the bounds of

town highways to be cut and removed between July fifteenth and August

fifteenth, and as many other times as he may deem necessary, in each

year.

8. Cause such town highways as shall have been laid out, but not

sufficiently described, and such as shall have been used for twenty

years, but not recorded, to be ascertained, described and entered on

record in the town clerk's office.

10. Attend public meetings called by the department of transportation,

held within the county, after receiving notice thereof from the county

superintendent, and his expenses necessarily incurred thereby shall be a

town charge.

11. Cause the monuments erected, or to be erected, as the boundaries

of town highways, to be kept up and renewed so that the extent of such

highway boundaries may be publicly known, and erect and establish such

new monuments as may be required by the county superintendent.

12. As often as the department of transportation shall direct, the

town superintendent shall measure all town highways of his town. Such

measurements shall be made either by use of a cyclometer or otherwise as

the department of transportation shall direct. He shall ascertain, and

indicate in his report, the town highways which have been surfaced with

gravel, those which have been surfaced with crushed stone and those

which have been shaped and crowned. He shall report in triplicate on

forms to be prescribed and furnished by the department of

transportation, the total mileage of all town highways within his town,

specifying as above provided, and such report shall be filed with the

town clerk, the county superintendent, and the department of

transportation, respectively.

13. Bring an action in the name of the town, against any person or

corporation, to sustain the rights of the public, in and to any town

highway in the town, and to enforce the performance of any duty enjoined

upon any person or corporation in relation thereto, and to recover any

damages sustained or suffered, or expenses incurred by such town, in

consequence of any act or omission of any such person or corporation, in

violation of any law or contract in relation to such highway.

14. During the construction or improvement of a town highway, if such

highway be closed to the traveling public and another existing highway

is caused to be used in lieu of the closed highway as provided in

section one hundred and four of this chapter, provide, erect and

maintain a sufficient number of detour signs so that the temporary route

or detour shall be clearly indicated throughout its entire length, and

upon the discontinuance of said temporary route or detour, shall remove

said signs, and the cost of all thereof shall be a town charge to be

included in the money levied and collected in the town for the repair

and improvement of highways.

15. Collect all penalties prescribed by this chapter.

16. Report annually on such date as may be prescribed by the

department of transportation, prior to January first, to the county

superintendent, in relation to the town highways and bridges in his

town, containing the matter and in the form to be prescribed by the

department of transportation.

17. Perform such other duties and have such other powers as may be

imposed or conferred by law, or the rules and regulations of the

department of transportation, including the powers and duties heretofore

exercised or performed by highway commissioners.

18. Maintain all sidewalks in the town constructed by the state

adjacent to state highways and all sidewalks in the town constructed by

the county adjacent to county roads and, when authorized by the town

board, cause the removal of snow therefrom, and the cost thereof shall

be paid from the miscellaneous or other town funds.

19. Have the power to employ an engineer subject to approval of the

town board.