Update on New Hempstead Road Snow Removal

Update on New Hempstead Road Snow Removal

Who knew that the simple problem of clearing a sidewalk after a storm could “snowball” into an ongoing dispute between the County and the Town of Clarkstown.


In early February I received some complaints that the new sidewalks on New Hempstead Road from Little Tor Road to Main Street had not been cleared of snow.  People resorted to walking in the roadway down the hill on New Hempstead.  My calls to County and Town departments resulted in each claiming the other was responsible for clearing the sidewalks. Eventually, the County Facilities Department cleared the sidewalks, but no permanent resolution was reached.


State Highway Law mandates that the responsibility to maintain sidewalks, even on County and State Roads, lies with the Town.  The same law, however, allows the Town to pass the responsibility on to abutting property owners so they are primarily responsible for clearing the sidewalks along their property.  Clarkstown and most other towns have adopted such a rule, and along New Hempstead Road, the County is the abutting land owner for most of the stretch between Little Tor and Main Street. 

 
At the February 25, 2014 Rockland County Legislature Planning and Public Works Committee (PPW) meeting, I raised this issue so that it could get resolved. The County representative told the committee that since the New Hempstead Road project was not yet completed, the sidewalks had not been turned over to the Town.  Accordingly, at least until the project is completely finished, the County and its contractor have to work out the sidewalk cleaning.  Once the project is finished this June, we will need an answer as to who is going to do the snow removal next winter.


Toward that end, the PPW Committee directed that the County Attorney review the conflicting laws and determine whether the Town is within its rights to insist that the County, an independent municipal entity, but an abutting landowner nonetheless, must remove the snow.


This matter will remain on the PPW agenda until it is resolved.  If you have any questions, suggestions or comments, do not hesitate to contact me at Kantrowb@rockland.co.ny.us or at 845-638-5751
 

Posted on 6 Mar 2014, 11:21 - Category: In The News

2017 ~ Barry S. Kantrowitz
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