[HISTORY: Adopted by the Town Board of the Town of Conesus as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Notification of defects — See Ch. 107.
[Adopted 8-7-2001 by L.L. No. 2-2001]
The Town of Conesus 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 over which a relatively low volume of traffic passes. In the event 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 (Highway Law § 10, Subdivision 42) 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 business people. Such task force after considerable discussion 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[1] 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.
[1]
Editor's Note: Repealed by L. 1990, c. 565, effective August 17, 2000.
A. 
The Town Superintendent of Highways, in the event 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:
(1) 
Low-volume collector;
(2) 
Residential access;
(3) 
Farm access;
(4) 
Resource/industrial access;
(5) 
Agricultural land access;
(6) 
Recreational land access; or
(7) 
Minimum maintenance road.
B. 
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 the definitions of such type of road as set forth in § 130-10 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.
C. 
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 § 130-4 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 § 130-10 of this article.
Notwithstanding the provisions of § 130-3 of this article, no road or portion thereof shall be designated as a minimum maintenance road except after following the procedure set forth in §§ 130-4 through 130-6, 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 that such road or portion thereof does not provide farm centers of operation 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.
D. 
No article designating a minimum maintenance road shall be effective until signs pursuant to §§ 130-6 and 130-11 of this article are first posted advising the public that such road is 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.
(1) 
Prior to any public hearing relating to the adoption of a local law designating a low-volume 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 § 130-10 of this article; and
(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 § 130-4 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 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 on the proposed article. In the event 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 § 130-10 of this article.
A. 
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.
B. 
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.
C. 
In the event 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 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 § 130-8 of this article, the Town Board may adopt a local law discontinuing such minimum maintenance road designation in the event it determines such discontinuance to be in the public interest.
The following tables and accompanying data shall be used as guides by the Town Superintendent of Highways to classify low-volume roads in the Town of Conesus and shall be used to enable the Town Superintendent 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 ROADS AND GUIDELINES FOR THEIR DESIGN, MAINTENANCE, AND OPERATION.
(1) 
The following classifications have been developed to establish a close relationship between the use of low-volume roads and their design, maintenance and operation and are hereby adopted by the Town of Conesus. 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 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 road serves.
(3) 
A low-volume road is a road with zero to 400 vehicles per day. Low-volume road classifications in the Town of Conesus.
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.
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.
LOW-VOLUME COLLECTOR
Collects traffic from any of the other classifications and channels it to higher level roads, such as arterials and interstates.
MINIMUM MAINTENANCE ROAD
A low-volume 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.
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.
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.
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.
B. 
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.
C. 
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-vehicle-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.
D. 
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.
E. 
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).
Table 1
Rural Low-Volume Road Classification
Road Use
Guidelines
Road Classification
Vehicle Type
ADT(1)
Rehabilitation Design Type
Maintenance
Traffic Control
1. Low-volume collector
All vehicles
50 to 400
Less than 50
A
B
Normal
MUTCD(2)
2. Residential access
Cars, emergency and service vehicles
50 to 400
Less than 50
B
C
Normal
Normal
MUTCD
MUTCD
3. Farm access
Cars, light trucks, occasional heavy trucks, farm equipment
250 to 400
Less than 250
A
B
Normal
Normal
MUTCD
MUTCD
4. Resource/industrial access
Trucking employee's cars
50 to 400
Less than 50
A
B
Normal
Normal
MUTCD
MUTCD
5. Agricultural land access
Occasional farm equipment seasonal
—
C
Minimum maintenance
MUTCD
6. Recreational land access
Cars, RVs, seasonal
50 to 400
Less than 50
B
C
Normal
Minimum maintenance
MUTCD
MUTCD
NOTES:
(1) Average daily traffic.
(2) "Manual of Uniform Traffic Control Devices" supplemented by "Traffic Sign Handbook for Low Volume Roads" New York State Department of Transportation, Traffic and Safety Division, June 1985.
Table 2
Design Guidelines for Road Rehabilitation by Road Type
Type A All Purpose Road
Type B Area Service Two-Way Two-Lane Road
Type C Area Service Single Lane Two-Way Road
Minimum width traveled way
18 feet(1)
16 feet(1)
10 feet(2)
Shoulder
2 feet
2 feet
Opposing vehicle interactions
All vehicles pass with no speed reductions
1. Trucks cannot meet without reducing speed
All vehicles require special widening for passing
2. Cars cannot meet trucks without reducing speed
3. Cars pass with almost normal speed
Operating speed(3)
45 mph or greater
25 mph to 45 mph
40 mph or less
Typical surface material(4)
Asphaltic concrete ADT greater than 150
Asphaltic concrete ADT greater than 150
Usually unsurfaced
Aggregate ADT less than 150
Aggregate ADT less than 150
Surface condition
No adverse effect on operating speed
May cause reduction in operating speed
Reduced operating speed
NOTES:
(1) Add two feet to the traveled way if significant truck traffic is present.
(2) If farm vehicles are present, maintain a twenty-foot horizontal clearance. Widening of traveled way should be provided at approximately one-thousand-foot intervals to allow vehicles to pass.
(3) Applicable to normal maintenance roads.
(4) ADT thresholds recommended based on economic analysis, "Economic Evaluation of Pavement Design for Low Volume Roads," Processing of the Third International Low Volume Road Conference 1983, Cornell University.
Table 3
Cross Slope Drainage Criteria by Surface Type
Surface Type
Range in Cross Slope
High (asphalt, etc.)
1.5% - 2.0%
Intermediate (surface treated)
1.5% - 3.0%
Low (unpaved)
4.0% - 6.0%
Clear zone: The width of the roadside area that should be studied for possible hazard mitigation measures varies with the operating speed, traffic level and degree of curvature of the road. Desirable clear zones are indicated below. (Clear zone is measured from the edge of the traveled way.)
Type A road: A ten-foot clear zone is desirable.
Type B road:  A two-foot to five-foot clear zone is desirable; a ten-foot clear zone on the outside of sharp curves and on curves at the bottom of long grades is desirable.
Type C road:  A two-foot clear zone is desirable; a wider clear zone on the outside of sharp curves is suggested. On minimum maintenance roads a clear zone may not be provided.
Hazard mitigation measures to be considered include:
Improved delineation of the road including edge lines, delineators and reflectors.
Guide rail.
Berms and earth work.
Drainage modifications.
Removal of the hazard.
Property owners should recognize the legal right of local government to remove fixed objects within the right-of-way of the road.
Guide rail. New York State Department of Transportation guide rail and bridge rail designs are intended for high-volume, high-speed highways and are often too expensive for many low-volume road applications. Alternative designs that are less expensive and adequately tested to assure performance may be used on low-volume roads.
Source: AASHTO Policy for Geometric Design of Highways and Streets, 1984.
Table 4
Maintenance Activities for Low-Volume Activities and Minimum Maintenance Town Roads
Activity
Normal Maintenance Roads
Minimum Maintenance Roads
Surface Maintenance
Crack sealing
As necessary
Maintain in manner determined by Town Highway Superintendent consistent with volume and type of traffic and in the manner stated in § 130-7 of this chapter
Patching and potholes
On demand
Surface seals
As necessary
Thin overlays
As necessary
Snow removal
Roads kept clear
Shoulder maintenance
Grading cleaning
Blading
Regular
Infrequent
Roadside Maintenance
Cleaning
As necessary
Maintain in manner determined by Town Highway Superintendent consistent with volume and type of traffic and in the manner stated in § 130-7 of this chapter
Mowing
Regular
Brush control
Site distance maintained
Guide rail maintenance
Regular
Drainage:
- Structure
As necessary
- Ditches
Positive drainage maintained
Slopes
Repair failures
Bridges
Cleaning
As necessary to preserve bridge
Maintain in manner determined by Town Highway Superintendent consistent with volume and type of traffic and in the manner stated in § 130-7 of this chapter
Lubrication
As necessary to preserve bridge
Painting
As necessary to preserve bridge
Deck
As necessary to preserve bridge
Drainage
As necessary to preserve bridge
Signs
Signs
MUTCD(1)
MUTCD(1)
NOTES:
(1) MUTCD is the Manual of Uniform Traffic Control Devices.
(1) 
Surface maintenance.
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 and subgrade. By blocking the entry of water, crack sealing indirectly strengthens the load-supporting capability of the road.
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 safe 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 set forth in this article.
SURFACE SEALS
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 particles. 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 where 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.
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 does 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 coat 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 coat 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.
SNOW REMOVAL
Snow and ice control are performed to foster safety and to 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 trafficability during a storm or immediately afterward when a thin layer of ice or snow remains on the road. Salt is used to lower the melting temperature of the ice, and to diminish the bond of the ice on the road surface.
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.
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 a 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.
REGRAVELING
The addition of aggregate materials to reestablish the crown and grade of the road. This activity 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.
DUST PALLIATION
Application of water, calcium chloride, sodium chloride (salt), lignin sulfonate, or other nontoxic chemicals to bind the surface and prevent loss of dust. Dust loss leads to the 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 will reduce the need for blading and regraveling to a sufficient degree to be highly cost effective.
(2) 
Roadside maintenance.
CLEANING
Picking up litter and other roadside debris, principally for aesthetic reasons, but also to protect the flow capacity of culverts and ditches.
MOWING
Cutting grass and weeds. This is particularly important near driveways and intersections, to provide a clear line of sight for traffic.
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.
GUIDE RAIL MAINTENANCE
Replacement of damaged, ineffective guide rail. This may also involve use of herbicides to retard the growth of weeds and shrubs in front of and immediately behind the guide rail.
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.
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.
(3) 
Bridges.
BRIDGE MAINTENANCE
Cleaning of drainage scuppers, lubrication of pins and bearings, painting of beams and railings, cleaning and patching of deck surface defects, removal of winter maintenance abrasive and salt residues, protection of bridge abutments against scour and erosion, inspection of abutments, clearance of the waterway to maintain flow capacity.
(4) 
Signs.
SIGN MAINTENANCE
Clearance of shrubs and trees obstructing visibility, replacement of damaged signs, verification that signs are used and placed in accordance with the Manual on Uniform Traffic Control Devices (MUTCD).
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 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 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 time to react safely.
(2) 
When a the 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 in speed is necessary or if a surprising or unanticipated feature is encountered. Such things as isolated curves or 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 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.
[Adopted 9-2-2003 by L.L. No. 7-2003]
A. 
This article is designed to promote the health, safety, general welfare and property of the people of the Town of Conesus by imposing regulations to help ensure the legal and safe conduct of storage along the portion of East Lake Road that is in the Town of Conesus.
B. 
This article is enacted pursuant to Article 35, § 1603, Delegation of powers, of the Vehicle and Traffic Law of the State of New York, the General Municipal Law, the Town Law of the State of New York, the Municipal Home Rule Law of the State of New York, and the NYCRR Title 19, the New York State Uniform Code, as these same may be amended from time to time.
A. 
The words and phrases used in this article shall have the meanings normally accepted and/or respectively ascribed to them by Article 1, § 100, inclusive of the Vehicle and Traffic Law of the State of New York.
B. 
The following words and phrases, which are not defined by Article 1 of the Vehicle and Traffic Law of the State of New York, shall have the meanings respectively ascribed to them in this section for the purposes of this article.
CENTER LINE
This is the exact center of a roadway, and measurement outward from this point shall be east and west, or north and south, for permitted distances. Where available, the center painted line of the roadway may be used and considered the roadway center.
CURBLINE
The prolongation of the lateral line of a curb or, in the absence of a curb, the lateral boundary line of the roadway, also to be known as the “right-of-way.”
OBJECT
See definition for “property.”
OFFICIAL TIME STANDARD
Whenever certain hours, dates, months or seasons are named herein or on traffic control devices, they shall mean the time standard that is in current use in this state.
PROPERTY
Shall have the accepted meaning and further be known to be the sum total of one’s possessions, tangible and intangible, or an item considered as part of one’s property. Also, ownership, right of possession or disposal of anything at that person(s) or group(s) disposal because of documented or implied personal or assigned ownership.
RIGHT-OF-WAY (ROW)
Includes all portions of a roadway owned or maintained by the Town of Conesus or used for public travel in the Town of Conesus, the measurements thereof to be consistent with those right-of-way (ROW) measurements legally documented by the Town of Conesus Highway Department, the Livingston County Highway Department or the New York State Department of Transportation.
STORM WARNING
As defined by the National Weather Bureau and may be received by the Town of Conesus over accepted telecommunication devices.
The Highway Superintendent shall install and maintain signage to control storage when and as required under the provisions of this article, to make effective the provisions of this article, and may install and maintain such additional control devices as he may deem necessary to regulate, warn or guide traffic away from legally stored property under the Vehicle and Traffic Law of the State of New York, subject to the provisions of §§ 1682 and 1684 of that law.
A. 
Each sign installed shall be approximately 18 inches by 18 inches.
B. 
The official time standard and sign wordage shall read as follows: “No storage, from November 1st to March 31st, within sixteen (16) feet from centerline of this road. Town of Conesus - Local Law # 7-2003.”[1]
[1]
Editor’s Note: An example of such sign is available in the Town offices.
C. 
Distance separation shall be 500 feet between signs interspaced from the eastside to the westside of the roadway.
D. 
Sign(s) are to be produced by the County Highway Department Sign Shop at nominal cost to the Town.
A. 
The storage of any property(s) within 16 feet east and west from the center line on all of East Lake Road (3.16 miles) that is located in the Town of Conesus is hereby prohibited.
B. 
This article shall be in effect from the first day of November in each year and continuing through the 31st day of March in the succeeding year.
C. 
It shall be the responsibility of each property(s) owner, or operator responsible for such object(s), to remove said property(s) from the described restricted area during these dates.
D. 
The Town of Conesus Highway Superintendent, or an appointed designee, shall have the authority to remove, or ask to have removed, when possible, any object(s) or vehicle(s) whenever snow removal operations are in progress, or immediately pending snow operations because of a designated storm warning.
E. 
In no case or circumstance shall any property(s) be allowed closer than 16 feet to the center line of the portion of East Lake Road located in the Town of Conesus during this seasonal time period for longer than 24 hours.
A. 
Authority to impound property.
(1) 
When any property(s) is stored or abandoned within the sixteen-foot restriction area during a snowstorm, flood, fire or other public emergency that affects the aforementioned roadway or area, said property(s) should be immediately removed by or under the direction of the Highway Superintendent or a designated representative.
(2) 
The Highway Superintendent, or a designated representative, shall have the power to cause the removal, disposal or storage of any property(s) in the restricted area of the aforementioned roadway left unattended for more than 24 hours.
(3) 
When any object(s) or property(s) is found unattended or abandoned on or within the restricted area and said object(s) or property(s) constitute(s) an obstruction to traffic or a work operation, said object(s) or property(s) should be removed by or under the direction of the Highway Superintendent or a designated representative.
(4) 
When any of the aforementioned conditions exist, the Highway Superintendent, or a designated representative, may call the Livingston County Sheriff’s Department or the New York State Police Department to enforce the requirements of this article.
B. 
Storage and fee charges. After removal of any object(s) as provided in this article, the Highway Superintendent may store, or cause such property(s) to be stored, in a suitable place at the expense of the owner. Such owner or person in charge of the property(s) may redeem the same upon payment of the amount of all expenses actually and necessarily incurred in affecting such removal and storage to the person with whom stored.
C. 
Notice of removal.
(1) 
It shall be the duty of the Highway Superintendent to ascertain to the extent possible the owner of the property(s), or the person having the same in charge, and to notify him or her of the removal and disposition of such object(s) and of the amount which will be required to redeem the same. The Highway Superintendent or designated representative shall also without delay report the removal and disposition of any property(s) removed as provided in this article to the Town Clerk.
(2) 
The Town Clerk shall keep a record of such for informational purposes to queries of property owner(s).
(3) 
The Town Highway Superintendent, or designated representative, or the Town Clerk, shall cause to be made, as to any property(s) removed pursuant to this article, a report to the Livingston County Sheriff’s Office and NYS Police as required under the Vehicle and Traffic Law. A phone call may suffice if approved by the aforementioned police agencies.
(4) 
Where the object(s) or property(s) has been in the possession of the Town for more than 30 days and is unclaimed, then the Town Superintendent of Highways, or other Town official, as designated by the Town Board, may sell the same at public sale upon notice of such sale being posted at the Town Hall, and in one other accepted means of public notice, by the Town of Conesus at least five days, weekends and holidays not included, before the date of sale. The official conducting the sale may, in his or her discretion, give other publicity to such sale, or he or she may delay the sale with just cause.
Every person convicted of a violation of this article shall be guilty of a traffic infraction. The penalty for a violation of any provision of this article which is not a violation of any provision of the Vehicle and Traffic Law of the State of New York shall, for a first conviction thereof, be punished by a fine of not less than $200 nor more than $500; for a second such conviction within three months thereafter, such person shall be punished by a fine of not less than $500 and every day shall constitute a new violation; upon a third or subsequent conviction within 18 months after the first conviction, such person shall be punished by a fine of not less than $1,000 or by imprisonment for not more than 30 days, or by both such fine and imprisonment.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
Except those parts, if any, which are subject to approval under § 1684 of the Vehicle and Traffic Law of the State of New York, this article and any regulations adopted hereunder shall take effect as provided by law and upon filing with the Secretary of State.
B. 
Any part(s) of this article and/or any regulation(s) adopted hereunder which are subject to approval under § 1684 of the Vehicle and Traffic Law of the State of New York shall take effect from and after the day on which approval, in writing, is received from the New York State Department of Transportation.