2023 New York Laws › HAY - Highway › Article 7 - Town Superintendents › 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.