[Adopted 5-10-1994 by L.L. No. 1-1994]
This article shall be known as the "Development and Operating
of Seasonal Use Roads Law."
This article is adopted under the authority of § 64,
Subdivision (23), and § 130, Subdivision 1, of the Town
Law of the State of New York.
It is the purpose of this article to promote the safety, health
and general welfare of the residents of the Town of Spencer by regulating
the issuance of building permits for any structure on seasonal use
roads which may not provide twelve-month access for fire and other
emergency vehicles for the inhabitants or occupants of such structures.
As used in this article, the following terms shall have the
meanings indicated:
The owner or owners of record of any real property for which
a building permit is sought and, if applicable, any person or persons
purchasing such property by land contract, whether recorded or otherwise.
A permit issued for the erection or installation of any structure
regulated by the New York State Uniform Fire Prevention and Building
Code, this article and/or other local law of the Town of Spencer regulating
such construction or installation.
A seasonal use road as defined under § 205-a of
the Highway Law.
A.
No building permit shall be issued in the Town of Spencer on any
seasonal use roads unless the applicant shall have met all the following
requirements and conditions:
(1)
The applicant shall be lawfully entitled to apply for a building
permit and shall have paid the requisite fee therefor.
(2)
The applicant shall have met all requirements, other than with respect
to the seasonal use road, for the issuance of a building permit, as
mandated by the New York State Fire Prevention and Building Code[1] and any other federal, state or local law with respect
to the issuance thereof at the time of application.
(3)
The applicant shall submit, at the time of filing application for
a building permit, a request for the conversion of the seasonal use
road to a twelve-month-maintained road on the form prescribed for
such purpose or, if none, by letter, stating the name of the applicant,
location of proposed development, name of the road sought to be opened,
distance in linear feet of the seasonal use road sought to be opened,
amount of current assessed improvements already located along said
road, if any, amount of anticipated assessed valuation for the proposed
development under the building permit application and statement that
there is no other access to said proposed development over any other
twelve-month-maintained roadway.
(4)
The market value of improvements along the seasonal use road to be
opened shall be no less than $100,000 per 0.2 mile, as measured from
the nearest year-round regularly maintained highway, including the
improvements to be erected under the applicant's building permit.
(5)
The length of a seasonal use road to be converted to a twelve-month-maintained
road must connect another twelve-month-maintained highway, or the
Town of Spencer shall, prior to issuance of a building permit, be
given an easement for a turnaround by the applicant or any third party
of a size and at a location to be determined by the Town Highway Superintendent.
Such easement shall be in recordable form. The applicant shall pay
all costs of obtaining and recording the easement. The form and content
of the easement shall be acceptable to the Town.
B.
No certificate of compliance shall be issued pursuant to any building permit issued for development along a seasonal use road until satisfaction of the requirements of these conditions and verification is filed with the Town Clerk that the market value requirements set forth in Subsection A(4) of these conditions have been met. The applicant, at the time of submitting his request to open the seasonal use road, must execute an acknowledgment of this condition and a release to the Town of Spencer for any liability or damages in connection with this condition; the form of the release shall be established by the Town Board.
C.
No seasonal use road shall be opened or be required to be worked
by the Town until a certificate of compliance is issued by the Code
Enforcement Officer. In the event that no certificate of compliance
is issued, the Town of Spencer shall have no obligation to open the
seasonal use road.
A.
The Town of Spencer shall review the application to open any seasonal
use road at the first regular Board meeting following submission of
the application by the Code Enforcement Officer to the Town Clerk.
Such application shall only be submitted after the Code Enforcement
Officer shall have determined that, except for the location of the
proposed development on the seasonal use road, the building permit
would be issued. In such case, the application to open the seasonal
use road shall be submitted as soon as practicable by the Code Enforcement
Officer after such determination is made by him.
B.
No seasonal use road shall be converted to twelve-month use if, in
the sole opinion of the Town Highway Superintendent, the twelve-month
use of the road would create any risk to the health or safety of the
public using such road and/or to the employees of the Town of Spencer
maintaining it. Such opinion shall be absolutely final and binding
on the applicant.
C.
No certificate of compliance shall be issued for improvements located
on a seasonal use road between October 1 and April 1.
A.
The Town of Spencer shall in no event be required to open more than
one mile of seasonal use road under this policy in any single calendar
year. In the event that application to open a seasonal use roads exceeds
this limitation, applications will be acted upon on a first-come-first-served
basis. Unsuccessful applicants shall receive no priority on resubmission
in a subsequent application.
B.
The Town's adoption of this article shall in no way limit the
right of the Town Board on its own elect to open any seasonal use
road to twelve-month use if, in the discretion of the Town Board,
it is deemed in the best general interest of the public to do so.
Whenever possible, this article shall be interpreted in a manner
compatible with the New York State Uniform Fire Prevention and Building
Code; however, in the event of any conflict or incompatible interpretation,
the stricter requirements of the two shall apply with respect to the
issuance of a building permit.
