[HISTORY: Adopted by the Town Board of the Town of Lima as
indicated in article histories. Amendments noted where applicable.]
[Adopted 12-4-1997 by L.L. No. 4-1997]
The Town of Lima, being a rural Town with a population density
not exceeding 150 persons per square mile, hereby enacts this article
for the purpose of reducing the cost of maintaining and rehabilitating
low-volume rural Town roads while providing that such roads when used
in a manner consistent with the road classification will be safe for
the users thereof. While there are generally accepted standards for
the design, maintenance and rehabilitation of high volume roads, there
are no such comparable standards for roads located in rural areas
over which a relatively low-volume of traffic passes. In the event
that there can be a savings in the cost of maintaining or rehabilitating
a road that has relatively few vehicles traveling over it, the money
saved could be spent on more intense maintenance of roads over which
travel is greater. The result could be greater overall safety for
the general public. Since the Town resources to be expended for highways
is limited, it is incumbent upon the Town to utilize such limited
resources in a manner which targets expenditures on the most heavily
traveled roads. It is for such purposes that this article is enacted.
In 1986 the New York State Legislature created the Local Road
Classification Task Force (Chapter 702, of the Laws of 1986). Such
task force was charged with developing alternative guidelines for
classifying town and county roads in rural areas according to principal
uses and traffic volume. The task force consisted of the Commissioner
of Transportation or his designee, the Dean of the College of Agriculture
and Life Sciences of Cornell University or his designee, four rural
town highway superintendents, three rural county highway superintendents
and three rural businesspeople. Such task force, after considerable
discussions and upon hearing many experts, prepared local road classification
guidelines and issued a report in December of 1988. In December of
1989, the task force issued "A Manual: Guidelines for Rural Town and
County Roads" to facilitate the use of the local classification by
local officials. In July of 1990, the Legislative Commission on Rural
Resources worked with the Senate, Assembly, State Department of Transportation
and the Governor's office to establish a New York State Local
Roads Research and Coordination Council (see Article 16-B Executive
Law and Chapters 565 and 652 of the Laws of 1990). The Council was
empowered to work with the Department of Transportation to:
A.
Promote the training of municipal officials and employees to encourage
the utilization of innovative and cost-cutting procedures as well
as more efficient highway maintenance and consolidation methods.
B.
Encourage the coordination of local road maintenance and storage
facilities.
C.
Encourage towns and counties to contract with each other for the
maintenance of local roads and bridges.
D.
Develop a minimum maintenance road classification addressing repair
and service standards for low-volume rural roads, as well as procedures
to be followed by local governments for designing minimum maintenance
roads within their communities. Accordingly, the Council revised the
1989 Local Roads Classification Task Force Report and published it
for use by rural towns and county governments December 30, 1992. A
"rural town" is defined as a town with a population density not exceeding
150 persons per square mile.
The Town Superintendent of Highways, in the event that he (or she) finds it to be in the best interests of the Town, may classify one or more roads or portions thereof as one of the following types of roads: low-volume collector; residential access; farm access; resource/industrial access, agricultural land access; recreational land access; or minimum maintenance road. However, no road shall be finally determined to be a minimum maintenance road until so designated by the Town Board by local law. The classification of any road or designated portion thereof shall be consistent with definitions of such type or road as set forth in § 218-10 of this article. Upon the classification of any road or portion thereof by the Town Superintendent, such designation shall be filed in the office of the Town Clerk and a copy shall be presented to each member of the Town Board by the Town Clerk within 10 days of such filing. Such designation shall be accompanied by a finding by the Town Superintendent which shall contain the information upon which the Highway Superintendent relied when designating such road or portion thereof. The Town Board may at a Town Board meeting following the filing of such designation adopt a resolution accepting such designation, except that the designation of a minimum maintenance road shall be by local law as provided in § 218-4 of this article. Upon the adoption of such resolution, the road or portion thereof shall be classified as determined by the Town Highway Superintendent and such Town Highway Superintendent shall take into consideration the guidelines for maintaining such road or portion thereof as set forth in § 218-10 of this article.
Notwithstanding the provisions of § 218-3 of this article, no road or portion thereof shall be designated as a minimum maintenance road except after following the procedure set forth in §§ 218-4 through 218-6, inclusive.
A.
The Town Superintendent of Highways shall submit to the Town Board
a recommendation that a road or portion thereof should be designated
as a minimum maintenance road. No road or portion thereof shall be
recommended as a minimum maintenance road by the Town Superintendent
of Highways unless the traffic volume is less than 50 vehicles per
day, as determined by the Town Superintendent of Highways, and such
road or portion thereof is an agricultural land access road or a recreational
land access road, and such road or portion thereof does not provide
farm centers or operations and/or year-round residences with principal
motor vehicle access to goods and services necessary for the effective
support of such farms and/or year-round residences.
B.
The Town, upon the approval of such recommendation, shall by local
law designate such road or portion thereof as a minimum maintenance
road.
C.
At least 10 days before the public hearing on such local law, written
notice of such hearing shall be served by certified mail upon every
owner of real property, as determined by the latest completed assessment
roll, abutting such road or portion thereof to be designated a minimum
maintenance road.
E.
No road or portion thereof, once designated a minimum maintenance
road, shall be determined to have been abandoned pursuant to the provisions
of Subdivision 1 of § 205 of the Highway Law until at least
six years have elapsed since the termination of the designation of
said road or portion thereof as a minimum maintenance road.
F.
Findings to be issued prior to public hearing.
(1)
Prior to any public hearing relating to the adoption of a local law
designating a low-volume rural road or portion thereof as a minimum
maintenance road, the Town Board shall issue findings that such road
or portion thereof should be designated a minimum maintenance road.
Such findings shall include but not be limited to:
(a)
The volume and type of motor vehicle traffic on such road.
(b)
A determination that the property owners of land abutting the
road shall continue to have reasonable access to their property.
(c)
A determination that the users of the road or portion thereof
traveling at a reasonable and prudent speed, under the circumstances,
shall not be placed in a hazardous situation.
(d)
A determination that such road or portion thereof does not constitute a farm access as defined pursuant to § 218-10 of this article.
(e)
A determination that such road or portion thereof does not constitute
access to a year-round residence.
(2)
Such findings shall be on file in the office of the Town Clerk and
be available for public inspection for at least 60 days before the
public hearing on the local law.
A copy of the findings in § 218-4 shall also be sent to the Board of Education of the Central School, Town and County Planning Boards in which each road or road segment is located. Such School Board and Planning Boards shall review the findings and within 45 days file with the Town Clerk a resolution recommending such road designation or, in the event that such designation is not recommended, the School Board or Planning Board shall set forth in a resolution the reasons for not recommending such designation. The Town Board may, by resolution, accept, accept in part or reject the recommendations of either the School Board or Town Planning Board or County Planning Board prior to any vote upon the proposed local law. In the event that the School Board, County Planning Board or Town Planning Board take no action upon the findings issued by the Town Board, the Town Board shall consider such inaction as a recommendation for the proposed minimum maintenance designation.
Appropriate signs shall be placed on a minimum maintenance road.
Such signs shall notify and advise motorists of the need to exercise
caution when traveling such road and shall conform to the Manual of
Uniform Traffic Control Devices. Properly posted signs shall be prima
facie evidence that adequate notice of a minimum maintenance road
designation has been given to the public.
Minimum maintenance roads shall be maintained in a manner determined by the Town Highway Superintendent to be consistent with the volume and type of traffic traveling on such road. Normal road maintenance practices such as but not limited to paving, patching, blading, dragging or mowing may be done less frequently depending upon the existing condition and use of the road, as shall be determined by the Town Superintendent of Highways. The guidelines for the method and manner of maintaining a minimum maintenance road are set forth in § 218-10 of this article.
Any person or persons owning or occupying real property abutting
a road or portion thereof which has been designated a minimum maintenance
road may petition the Town Board to discontinue the designation of
such road or portion thereof as a minimum maintenance road. Such petition
shall be filed with the Clerk of the Town. Such petition shall identify
the road or portion thereof to be discontinued as a minimum maintenance
road and set forth the reasons for such discontinuance. The Town Board
shall hold a public hearing upon such petition within 30 days after
its receipt; at least 10 days' public notice shall be given prior
to the conduct of such public hearing. At least 10 days before the
public hearing on such petition, written notice of such public hearing
shall be served by certified mail upon every owner of real property,
as determined by the latest assessment roll abutting such road or
portion thereof. In the event that the Town Board after such public
hearing determines that such road or portion thereof shall continue
as a minimum maintenance road, no petition may be submitted pursuant
to this section until the lapse of at least two years from the date
of the filing of the petition. In the event that it is determined
that such road shall be discontinued as a minimum maintenance road,
the Town Board by local law shall discontinue such road or portion
thereof as a minimum maintenance road and such discontinuance shall
take place six months after the commencement of the next succeeding
fiscal year.
Notwithstanding the provisions of § 218-8 of this article, the Town Board may adopt a local law discontinuing such minimum maintenance road designation in the event that it determines such discontinuance to be in the public interest.
The following tables[1] and accompanying data shall be used as guides by the Town
Superintendent of Highways to classify low-volume roads in the Town
of Lima and shall be used to enable the Town Superintendent of Highways
to determine the guidelines he may follow to enable him to determine
the manner in which low-volume rural roads may be designed, maintained
and operated.
A.
Classification for low-volume rural roads and guidelines for design,
maintenance and operation.
(1)
The following classifications have been developed to establish a
close relationship between the uses of low-volume rural roads and
their design, maintenance and operation and are hereby adopted by
the Town of Lima. The classifications identify the significant use
characteristics, including traffic volumes, vehicle types and seasonal
use characteristics, that are present on New York State's low-volume
rural roads. Guidelines for the design, maintenance and traffic control
have been developed that are closely matched to those use characteristics.
Such guidelines shall be used by the Town Superintendent of Highways.
(2)
Land use adjacent to the road shall be the basis for classification
because it is a convenient and accurate way of identifying the kind
of use that a low-volume rural road serves.
(3)
A low-volume rural road is a road with zero to 400 vehicles per day.
(4)
Low-volume rural road classifications in the Town of Lima:
(a)
Low-volume collector: collects traffic from any of the other
classifications and channels it to higher level roads, such as arterials
and interstates.
(b)
Residential access: provides access to residences. The traffic
volume generated depends on the number of residences. All-year access
for fire trucks, ambulances and school buses should be provided.
(c)
Farm access: provides access to a farm's center of operations
including the residence. Traffic volume is generally low, but may
include occasional heavy trucks and farm equipment.
(d)
Resource/industrial access: provides access to industrial or
mining operations. Traffic volume can vary and can include heavy trucks
and significant numbers of employees' cars.
(e)
Agricultural land access: provides access to farm land. Traffic
volumes are low and vary seasonally. These roads should accommodate
farm equipment that can be up to 20 feet wide.
(f)
Recreation land access: provides access to recreational land
including seasonal dwellings and parks. Volumes of traffic can vary
with the type of recreation facility and season of the year, and may
include recreational vehicles.
(g)
Minimum maintenance road: a low-volume rural road or road segment
which may be of a seasonal nature, having an average traffic volume
of less than 50 vehicles per day which principally or exclusively
provides agricultural or recreational land access. A road or road
segment which has been so designated may be maintained at a level
which allows such road to remain passable and functional in accordance
with standards contained in this section of the guidelines. In no
way shall the term "minimum maintenance" be construed to mean no maintenance
or abandonment. Further, such term shall not apply to those roads
or road segments which provide farm access as previously defined or
access to an individual year-round residence.
(5)
The guidelines for rehabilitation design shall include three rehabilitation
design types. Rehabilitation Design Type A is an all-purpose road
on which vehicles can pass without a reduction in speed. Rehabilitation
Design Type B is an area service two-lane road on which vehicles may
have to reduce their speeds to pass. Rehabilitation Design Type C
is an area service, one-lane road on which either of two passing vehicles
must slow, stop or briefly leave the roadway to allow the other to
pass.
(6)
Vehicle interaction characteristics shall be considered by the Town
Superintendent of Highways as the basis for assigning the design types
to the respective classifications. Vehicle size (as determined by
the absence or presence of significant truck traffic) and traffic
volumes (of either greater or equal to 50 vehicles per day, or less
than 50 vehicles per day) are the criteria used. The fifty-vehicles-per-day
threshold is used because, at fewer than 50 vehicles per day, vehicle
interactions become so infrequent that the effect on vehicle operation
is negligible.
(7)
The guidelines to be followed by the Town Superintendent of Highways
for maintenance shall include provisions for a minimum maintenance
designation that allows a reduced level of maintenance on roads which
are used for agricultural or recreational land access.
(8)
The guidelines for traffic control parallel the maintenance guidelines.
They may include recommendations for signs on normally maintained
roads, and a minimum maintenance road sign shall be posted at the
entrance points to minimum maintenance roads. The only other signs
recommended for minimum maintenance roads are those mandated by law
(for all roads).
B.
Surface maintenance.
(1)
Crack sealing: manually pouring hot asphalt, with or without a fiber
reinforcement material, into road surface cracks that have first been
cleaned of all loose debris, vegetation, etc. The cracks may occur
at construction joints, utility cuts or just be random due to the
effects of time, weather, loads, etc. Crack sealing has been found
to be a very cost-effective measure, because it prevents the entry
of water into the base course at subgrade. By blocking the entry of
water, crack sealing strengthens the load-supporting capabilities
of the road.
(2)
Patching and potholes: placement and compaction of asphalt concrete
into surface defects such as potholes which have first been cut back
to sound material and cleaned of loose debris, water, etc. While a
certain amount of this work will have to be done on an emergency basis
during inclement weather to provide a smooth road, expedient patches
should be replaced with permanent patches using proper methods and
materials when conditions are favorable. Extensive patching and potholes
is an indication that a pavement has reached the end of its functional
life, and the road should be scheduled for rehabilitation in accordance
with the guidelines put forth in this article.
(3)
Surface seal: also known as "chip seals," this method involves spraying
a rapid-setting emulsified asphalt onto the road surface, followed
immediately by the placement of a single layer of clean, crushed stone
particle. A pneumatic, rubber-tired compactor is used to press the
stones into the asphalt before the emulsion sets up. Chip sealing
is used where the surface cracking is more extensive, while manual
crack sealing is used when the cracking is less extensive. Chip sealing
may also be used to enhance skid resistance on a slippery road, where
water entry is prevented by the surface seal, some strengthening of
the road will result.
(4)
Thin overlays: while "thin" is a relative term, it is used here to
refer to hot-mix or cold-mix overlay shaving a thickness of 1 1/2
inches or less. This method adds more to the structural capability
of the pavement than doing a chip seal. However, it performs much
the same function as a chip seal, although it can be expected to have
a more lasting effect. When a thin overlay is placed on a paved road,
it is customary to use a tack coat to promote a bond between the old
surface and the overlay. According to the Asphalt Institute, the tack
coating should be sprayed from a distributor, allowing adequate time
for it to become tacky before paving. Traffic should be kept off the
tacked area before paving. They recommend using an SS-1 or a CSS-1
asphalt emulsion diluted 50-50 with water, and applied at a rate of
0.05 to 0.15 gallons per square yard. Application of tack coating
at higher rates should be avoided, as this can lead to slippage of
the overlay or bleeding and loss of skid resistance on the surface
of the overlay.
(5)
Snow removal: snow and ice control are performed to foster safety
and expedite travel during the winter months. Blading of snow is done
to remove it from the roadway to prevent the buildup of ice. Abrasives
(sand, usually mixed with salt) are used to enhance traffic ability
during a storm or immediately afterward where a thin layer of ice
or snow remains on the road surface.
(6)
Shoulder maintenance: activities may differ depending on whether
the shoulder is paved or unpaved. The objective is to keep the surface
smooth so that moving vehicles can leave the main roadway safely,
and also to assure that water from the road will move across the shoulder
and into the ditch or gutter. It is particularly important to remove
the accumulated winter maintenance abrasives from the shoulders to
prevent the retention of water near the edge of the pavement.
(7)
Blading: for aggregate roads and unpaved shoulders, blading removes
potholes, corrugations and other surface defects, rendering the surface
smoother and safer to travel on. Blading is usually preceded by scarification
to a depth slightly deeper than the deepest surface defects. Blading
should be used to establish cross-slope of 4% to 6% (1/2 to 3/4 inch
per foot) for good drainage and to reduce the development of potholes
in the aggregate surface.
(8)
Regraveling: the addition of aggregate materials to reestablish the
crown and grade of the road. This action is commonly done at the same
time as blading, but less frequently. The new aggregate is needed
periodically to make up for materials that have been lost due to traffic,
water erosion, dusting and blading losses.
(9)
Dust palliation: application of water, calcium chloride, sodium chloride
(salt), lignin sulfonate or other rare toxic chemicals to bind the
surface and prevent loss of dust. Dust loss leads to gradual erosion
of the road surface, reducing its thickness and load-supporting capability.
Dust can make summertime travel hazardous when traffic volumes are
sufficient to require passing maneuvers. Sometimes the use of dust
palliatives reduce the need for blading and regraveling to a sufficient
degree to be highly cost-effective.
C.
Roadside maintenance.
(1)
Cleaning: picking up litter and other roadside debris, principally
for aesthetic reasons, but also to protect flow capacity of culverts
and ditches.
(2)
Mowing: cutting grass and weeds. This is particularly important near
driveways and intersections, to provide a clear line of sight for
traffic.
(3)
Brush control: cutting woody shrubs to prevent encroachment onto
the right-of-way. This is important to provide adequate sight distance,
particularly around the inside of curves, and at driveways and intersections.
(4)
Guiderail maintenance: replacement of damaged, ineffective guiderail.
This may also involve use of herbicides to retard the growth of weeds
and shrubs in front of and immediately behind the guiderail.
(5)
Drainage: cleaning debris from the inlets and outlets around culverts,
and cleaning ditches to maintain flow capacity. When possible, ditches
should be cleaned in the late spring of the year, so that vegetation
will be quickly reestablished to protect against erosion. At other
times, reseeding may be necessary for erosion protection.
(6)
Slope maintenance: remove landslide debris, cut and remove trees
from fill slopes; protect against erosion due to runoff from the road,
surface or ditches; seed slopes to retard erosion.
D.
Bridges.
(1)
Bridge maintenance: cleaning of drainage scuppers; lubrication of
pins and bearings; painting of beams around railings; cleaning and
patching of deck surface defects; removal of winter maintenance abrasive
and salty residues; protection of bridge abutments against scour and
erosion; inspection of abutments; clearance of the waterway to maintain
flow capacity.
[1]
Editor's Note: Tables 1 through 4 are included at the
end of this chapter.
This section lists guidelines for traffic control on rural low-volume
and minimum maintenance roads. It describes methods of traffic control
that are cost effective and promote safety.
A.
Signs on rural low-volume roads.
(1)
The Town Superintendent of Highways is authorized in § 1682
of the Vehicle and Traffic Law to decide conditions to which drivers
are to be alerted with traffic control devices. It is mandatory to
provide signs indicating weight restrictions, low clearances, dead-end
roadways, railroad crossings and road closures. These are specified
elsewhere in law. On low-volume rural roads subject to normal maintenance
activities, the decision regarding the need for other signs should
be based on the principle of positive guidance. In essence this principle
suggests that hazard warnings be provided whenever a driver cannot
anticipate a hazard in trying to react safely.
(2)
When a Town Superintendent of Highways decides that a condition on
a Town road is potentially hazardous, appropriate signing, in conformance
with the NYSMUTCD, is to be provided. The New York State Department
of Transportation's Traffic Sign Handbook for Low Volume Roads
may be helpful in determining the type and location of signs to be
used, once the need for a sign has been established.
(3)
Features that are inconsistent with the general driving environment
should be identified and analyzed for the possible installation of
signs. Identification can be made by driving over the road and noting
if a reduction of speed is necessary or if a surprising or unanticipated
feature is encountered. Such things as isolated curves on narrow bridges,
especially those with limited sight distance, should be evaluated
for a surprise factor. Signs at every curve are generally not necessary
on low-volume rural roads as drivers are cognizant of conditions.
Signs should be restricted to those features that the Town Superintendent
of Highways determines are inconsistent with the general highway environment
and cannot be anticipated early enough for drivers to take appropriate
defensive action. Records of all determinations should be made and
properly filed for future reference.
B.
Signs on designated minimum maintenance roads.
(1)
Design of road signs. The New York State Department of Transportation
has designed signs for posting minimum maintenance roads. Such signs
notify and advise motorists that reduced levels of maintenance are
in effect. These signs are contained in the New York State Manual
of Uniform Traffic Control Devices.
(2)
Installation of signs. Minimum maintenance road signs shall be installed
at each end of the minimum maintenance section and immediately beyond
intersections with other public roads. The maximum distance between
signs should not exceed two miles. Additional installation conditions
are set forth in the manual. Posting of minimum maintenance road signs
will not relieve the Town of its responsibility to post other legally
required signs such as railroad crossings, dead ends, bridge capacity,
low clearance and road closures.
