The Town of Italy 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.
[HISTORY: Adopted by the Town Board of the Town of Italy as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-10-2002 by L.L. No. 1-2002]
In 1986 the New York State Legislature created the Local Road Classification Task Force (Chapter 708 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 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.
The Town Highway Superintendent, 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: 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 the definitions of such type of road as set forth in § 295-10 of this article. Upon the classification of any road or portion thereof by the Town Highway 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 Highway 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 § 295-4 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 § 295-10 of this article.
Notwithstanding the provisions of § 295-3 of this article, no road or portion thereof shall be designated as a minimum maintenance road except after following the procedure set forth in §§ 295-4 through 295-6, inclusive.
A.
The Town Highway Superintendent 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 Highway Superintendent unless the traffic volume is less than 50 vehicles per day, as determined by the Town Highway Superintendent, 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.
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.
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.
(1)
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 § 295-10 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 § 295-4 shall also be sent to the Board of Education of the central school and to Town and County Planning Boards for the area 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/Zoning Board of Appeals or County Planning Board prior to any vote upon the proposed local law. In the event the School Board, County Planning Board or Town Planning Board/Zoning Board of Appeals takes 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 Highway Superintendent. The guidelines for the method and manner of maintaining a minimum maintenance road are set forth in § 295-10 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 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 § 295-8 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 Highway Superintendent to classify low-volume roads in the Town of Italy and shall be used to enable the Town Highway 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.[1]
[1]
Editor's Note: The guidelines for the design, maintenance and operation of low-volume roads are included as an attachment 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 low-volume roads.
(1)
The Town Highway Superintendent 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 the Town Highway Superintendent 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 Highway Superintendent 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 NYS 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 NYS 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 12-10-2002 by L.L. No. 2-2002]
This article shall hereafter be known as "Construction Standards and Procedure for Dedication of Highways in the Town of Italy Law."
The purpose of this article is to establish minimum standards to which a highway proposed for dedication must be constructed or improved prior to acceptance for dedication by the Town of Italy and provide a procedure for such process.
This article is enacted pursuant to the Municipal Home Rule Law of the State of New York and any other pertinent law of the State of New York.
A.
The procedures and criteria set out herein, incorporated herein by reference or referred to herein shall apply to any proposed highway for dedication as perceived pursuant to § 171 of the Highway Law of the State of New York.
B.
No highway may be accepted for dedication by the Town of Italy unless and until written application for such dedication has been made to the Town Board of the Town of Italy. Such written application must be in conformity with the provisions of this article. The application and other requisite documentation shall be submitted to the Town Clerk of the Town of Italy along with the fee for such application.
C.
A uniform application fee shall be established by the Town Board by resolution.
D.
The applicant shall be responsible for payment of any and all legal, surveying and/or engineering costs incurred by the Town with respect to the dedication process. Such costs shall be paid prior to final acceptance of dedication by the Town Board.
E.
The application shall be in a format prescribed by the Town Board for such purpose.
F.
The Town Board shall reserve the right to decline acceptance of dedication, in its sole discretion, upon a written decision being entered by the Town Board with the Town Clerk specifying the reason for such declination.
G.
Dedication shall include delivery of a warranty deed to the Town of Italy conveying good marketable fee title of the real property encompassing the proposed highway for dedication. The applicant shall be responsible for all costs associated with the recording of such deed with the Yates County Clerk.
H.
The application shall be accompanied by the following:
(1)
An instrument survey map of the proposed highway for dedication prepared by a surveyor licensed by the State of New York, which map shall conform to accepted survey standards and be approved by the Town Engineer and Town Attorney. Such map shall include the following:
(a)
Original and proposed finished grades, as well as topographical elevation lines in one-foot increments.
(b)
The layout and location of all roads and streets and their metes and bounds.
(c)
The location of any property lines and their metes and bounds.
(d)
The location of the Town right-of-way.
(e)
The location of any other rights-of-way and easements, including a statement of their allowable uses.
(f)
Location of all drainage structures and facilities.
(g)
Location of any utilities in the right-of-way.
(2)
Specification of the design and construction criteria and standards applied to the proposed highway and the source thereof.
(3)
A projected maintenance plan for the proposed highway.
(4)
The proposed location of all signage related to the proposed highway.
(5)
A cross-section drawing of the construction specifications of the proposed highway.
(6)
Any exceptions or deviations to these standards must be supported by written reasons therefor set out in the record by the Town Board.
I.
Prior to formal review of the application by the Town Board, the Town Attorney and the Town Engineer shall have approved the application and the supporting documents as to form and substance.
J.
The Town Board shall not accept a proposed highway for dedication without the prior dated written approval of the Highway Superintendent of the Town of Italy.
K.
The application and all supporting documents shall be submitted in quadruplicate.
A.
The proposed highway shall be constructed to meet the criteria and standards of the following resource material, or any subsequent revision, modification or amendment thereof:
(1)
Manual: Guidelines for Rural Town and County Roads, Local Roads Research and Coordination Council, December 1992.
(2)
Local Low-Volume Roads and Streets, American Society of Civil Engineers, November 1992.
(3)
Guidelines for Geometric Design of Very Low-Volume Local Roads (ADT less than 400), AASHTO Bookstore 2001, publication code: VLVLR-1.
B.
Where conflict exists between the three publications, the Manual: Guidelines for Rural Town and County Roads shall take precedence.
C.
Necessary criteria or standards not specified in any of the three publications listed above will be determined by using best current engineering practices.
D.
The following minimum standards and criteria shall apply to all proposed highways:
(1)
A design life of not less than 15 years, taking into consideration routine maintenance.
(2)
The right-of-way shall not be less than 60 feet (18.3 m) in width.
(3)
Drainage facilities shall be designed and constructed to accommodate a fifty-year storm for buried pipe and culvert and twenty-five-year storm on all other facilities. The minimum size opening for any culvert or pipe shall be 15 inches (375 mm) in diameter or equivalent.
(4)
The combined thickness of the base and the surface course of the road bed shall be at least 18 inches (457 mm).
(5)
A minimum design speed shall be 55 mph.
E. A FIFTEEN-INCH-DIAMETER EQUIVALENT OPENING A YEAR STORM DESIGN LIFE DESIGN SPEED PRESENT SERVICEABILITY INDEX "P" RIGHT-OF-WAY
Definitions of design criteria. As used in this article, the following terms shall have the meanings indicated:
An area of 177 square inches.
A runoff event with a possibility of occurring in a given year equal to the inverse of the value of the year. A fifty-year storm would have a 1 in 50 chance of occurring in a given year.
The time in years from original construction until the present serviceability index has dropped to 2.0.
The typical operating speed on a roadway.
The ability of a roadway to handle traffic as defined by the AASHTO (American Association of State Highway Officials) road test performed in the 1950s.
The width of land owned by the Town for the purpose of maintaining the highway.
F.
All material and workmanship shall meet the requirements of the latest revision of the New York State Department of Transportation Standard Specifications for Construction and Material, including any engineering instructions or bulletins, unless alternatives are approved by the Town Highway Superintendent, in writing, and in advance.