[Added 6-18-2019 by L.L. No. 3-2019]
A. 
Municipal Home Rule Law § 10(1) (12) authorizes the Town Board to adopt local laws for the protection, order, conduct, safety, health and well-being of persons or property within the Town of Kent. In furtherance of such goals, all roadways in the Town of Kent should be maintained at all times in the best interests of the health, safety and general welfare of its residents and others who travel along the roads within the Town of Kent, including roads which have been dedicated to the Town as well as certain private roads which have not been dedicated because they cannot be accepted by the Town as they do not comply with current minimum road standards.
B. 
Town highway vehicles regularly traverse private roads, commercial and public connector roads and parking lots in order to expedite plowing efficiency, and this established practice benefits all Town residents.
C. 
There are three subdivisions within the Town of Kent that were created prior to the advent of the Town Zoning Board of Appeals, the Town Planning Board and all zoning laws, including the Town Zoning Ordinance,[1] and were therefore not subject to modern zoning laws, and as a result, the roads within these subdivisions were constructed to widths which are below minimum acceptable standards for traffic. Therefore, the Town of Kent cannot accept these roads as "Highway by Use" because of the substandard condition of the existing roads.
[1]
Editor's Note: See Ch. 77, Zoning.
D. 
Private contractors do not have the ability to maintain these roads so that they are accessible and passable during all times, particularly emergency situations and inclement weather, and the Chief of Police, the Kent Fire Department, the Lake Carmel Fire Department and the Department of Environmental Conservation all require certain roads in these three subdivisions; namely White Pond Colony, Sedgewood Club and Hill and Dale Country Club (the "ancient subdivisions") be accessible at all times for emergency situations.
E. 
The Town of Kent adopted an "ancient roads" policy on January 9, 2018, authorizing the Town Highway Department to maintain and repair certain private roads.
A. 
The Town Board is hereby authorized to enter into a written agreement with each of the Ancient Subdivisions to permit the Highway Department to perform the following services:
(1) 
Remove fallen trees from the roadways.
(2) 
Patch potholes on an emergency basis.
(3) 
Plow and sand roads during inclement weather.
B. 
The costs for materials will be paid to the Highway Superintendent prior to the performance of any repairs in order to ensure compliance with the New York State Constitution's restriction of gifts of public credit to private entities.
C. 
The costs for the use of Highway Department machinery and labor have already been paid by the residents of the ancient subdivisions in taxes which are paid by all Town residents.
Hill and Dale Country Club
Hemlock Trail Court
Palmer Trail
Pine Trail
Maple Trail Court
Perry Trail
Bryant Trail
Fir Trail Court
Birch Trail
Lake Trail
Brook Trail
Willow Trail Court
Oak Trail Court
Hickory Trail Court
Beech Trail
White Pond Colony
White Pond Colony Road East
White Pond Colony Road West
Sedgewood Club
Kittredge Drive
Barrett Circle Court
Barrett Circle West
Golf Ridge Road