[HISTORY: Adopted by the Town Board of the Town of Cazenovia
as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-10-2012 by L.L. No. 5-2012]
The Town of Cazenovia 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 are 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.
A.
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:
(1)
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;
(2)
Encourage the coordination of local road maintenance and storage
facilities;
(3)
Encourage towns and counties to contract with each other for the
maintenance of local roads and bridges;
(4)
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.
B.
Based upon additional resources developed since 1992, the Cornell
Local Roads Program developed a more comprehensive set of standards
to cover design areas not included in the guidelines.
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: 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 § 126-10 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 § 126-4 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 § 126-10 of this article.
A.
Notwithstanding the provisions of § 126-3 of this article, no road or portion thereof shall be designated as a minimum maintenance road except after following the procedure set forth in §§ 126-4 through 126-6, inclusive.
(1)
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.
(2)
The Town, upon the approval of such recommendation, shall by local
law designate such road or portion thereof as a minimum maintenance
road.
(3)
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.
(5)
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.
(6)
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 § 126-10 of this article; and
(e)
A determination that such road, or portion thereof, does not
constitute access to a year- round residence.
B.
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 § 126-4 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 upon the proposed local law. 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. Nominal 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 § 126-10 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 local law 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 § 126-8 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.
A.
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 Cazenovia and shall be used to enable the Town Superintendent to
determine the guidelines he or she may follow to enable him or her
to determine the manner in which low-volume rural roads may be designed,
maintained and operated.
[1]
Editor's Note: Tables 1 through 4 are included at the end
of this chapter.
B.
Classification for low-volume roads and guidelines for their design,
maintenance and operation. The following classifications have been
developed to establish a close relationship between the uses of low-volume
roads and their design, maintenance and operation and are hereby adopted
by the Town of Cazenovia. 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.
(1)
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. A low-volume road is a road
with zero to 400 vehicles per day.
(2)
Low-volume road classifications in the Town of Cazenovia:
(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 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.
(3)
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.
(4)
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.
(5)
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.
(6)
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).
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 municipality is authorized in Section 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)
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 which 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 Supplement.
(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 New York State Supplement. 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.
