[HISTORY: Adopted by the Town Board of the Town of Hamlin as indicated in article histories. Amendments noted where applicable.]
Article I Private Roads
[Adopted 8-10-1987 by L.L. No. 10-1987 (Ch. 98, Art. II, of the 1987 Code)]
The Town Board recognizes that there are within the Town private, undedicated roads on which buildings are erected which may, because of neglect, failure of equipment or other reasons, become impassable by emergency equipment such as fire-fighting equipment, ambulances or law enforcement vehicles. The Town Board, by enacting this article, wishes to provide for access to homes and buildings on private, undedicated roads to protect the health, safety and welfare of the residents and users of those roads.
As used in this article, the following terms shall have the meanings indicated:
- CONSTRUCTION AND MAINTENANCE STANDARDS
- The standards adopted by the Town Board of the Town of Hamlin by resolution from time to time and available in the office of the Town Clerk.
- EMERGENCY VEHICLES
- Police cars, ambulances and fire-fighting vehicles and equipment.
- PRIVATE ROAD
- Any nondedicated road, driveway or highway longer than 400 feet on which three or more residential dwellings are located or upon which there are one or more buildings used for business.
- SNOW EMERGENCY
- A declaration by the Superintendent of Highways or his designee that the depth of snow is such that a private road is not passable by emergency vehicles.
Private roads shall be maintained in accordance with the construction and maintenance standards of the Town.
The Superintendent of Highways or his deputy, upon complaint from a citizen or upon his own initiative, may declare that a private road does not meet the standards established by the Town Board. In making his decision, the Superintendent of Highways may consult with the Town Engineer.
Upon a determination that the private road does not meet the construction and maintenance standards, he may give the owner or owners of such private road 10 days in which to bring such private road up to the standards. Notice shall be by personal delivery or by certified first-class mail addressed to the owner or owners at the address shown on the current tax roll on file in the Town Clerk's office.
Upon failure of the owner or owners of such road to comply with the order of the Superintendent of Highways, the Town is empowered, with the authorization of the Town Board, to expend funds to bring the roadway to specification. Any such expenditures shall be in compliance with the provisions of the General Municipal Law with respect to competitive bidding.
The expenses of these improvements shall be assessed against the land on which such improvements are being made and shall be levied and collected in the same manner as provided in Article 15 of the Town Law for the levy and collection of a special ad valorem levy.
Snow shall not be allowed to accumulate to a depth which will impede the travel of emergency vehicles.
The Superintendent of Highways or his deputy, upon complaint from a citizen or upon his own initiative, may declare that a private road is impassable by emergency vehicles. In making this decision, the Superintendent of Highways may consult with police, fire and ambulance officials.
Upon making a determination that the snow depth does pose a threat to the health, safety and welfare of the residents, the Superintendent of Highways shall attempt to determine who is responsible for removing the snow and shall give oral or written notice to the responsible individual, agency or corporation. If such individual, agency or corporation cannot be, with due diligence, notified within 12 hours of making the determination, the Superintendent of Highways may, by using Town equipment or by contracting with a private individual or corporation, cause the snow to be removed.
The expense of this snow removal shall be assessed against the land on which such removal is done and shall be levied and collected in the same manner as provided in Article 15 of the Town Law for the levy and collection of a special ad valorem levy.