[Adopted 3-12-1991]
As used in this article, the following terms
shall have the meanings indicated:
Highways “by public use,” which are governed
by § 189 of the Highway Law of New York State, which defines
them as all lands which have been used by the public as a highway
for a period of 10 years or more.
It shall be the Town policy to maintain user
roads at their current width, except by Town Board resolution to widen
a particular section of a road. Such request for resolution may come
from the Highway Superintendent or any Town property owner. The Town
Board may request evidence of unsafe road conditions, supported by
traffic surveys and engineering reports. The Town Board may hold a
public hearing.
It shall be the Town policy to maintain gravel
or dirt roads which currently exist, except by Town Board resolution.
Such resolution to pave (oil and stone or blacktop) may be adopted
for the next calendar year, after presentation of a project level
road improvement plan by the Highway Superintendent in conjunction
with the proposed budget, or in accordance with § 204 of
the Highway Law, or such resolution may be adopted at the request
of the Highway Superintendent at any time for a specific project.
It shall be the Town policy not to destroy old stone walls along Town roads, whether roads "by use" or by "acquisition," or cause such destruction by gradual deepening of road edges or careless plowing, except by Town Board resolution as in § 201-10 above. Where a resolution is adopted, it shall be the Town policy to move the stone wall and reconstruct it in a manner which will preserve it.
It shall be the Town policy to:
A.
Preserve live, old trees along user roads, where possible,
without endangering public safety;
B.
Avoid careless plowing and grading which results in
killing tree roots;
C.
Remove branches which overhang the edge of the road
and present a safety hazard, or the likelihood of a safety hazard,
at the sole discretion of the Highway Superintendent, after notification
to the property owner;
D.
Cut brush and smaller trees where necessary because
of sight distance, after notification to the property owner, and to
remove brush cut by the Highway Department from road sides and stone
walls.
It shall be the Town policy to furnish a copy
of this article to any property owner who has questions or concerns
about the Town's maintenance of user roads and the Town Board's policy
with respect thereto.
