HomeMy WebLinkAboutLL 2002 #2 Low Volume Rural Roads • n' 16Z 16Z WASRING'ION/.1NuE-..ALRANY, pY\,
(Use this form to file a lo'ca1 law with the Secretary of State.) 4'
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Text of law should be given as amended. Do not include matter being eliminated and do not
use italics or underlining to indicate new uiattec.
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Danby
Toxu •
Local Law No. 2 2002
or the year �: :.;., • •
A local law IN RELATION TO THE CLASSIFICATION OF LOW VOLUME RURALTOWN
ROADS; THE ESTABLISHOENTTIEMY MAINTENANCE ANirRr r—INETTLTTATTON"'GU1tYEL"I•NtE•S FOR SUCH
ROADS AND THE PROCEDURE TO BE FOLLOWED TO .DESIGNATE PARTICULAR ROADS
ACCORDI CttTrp►c tt'oshaICATION g4a„4t..enacted..b.y..:the...T.01.1)...Board
of the
(Puma of Legislative Body)
WOW
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of Town of Danby •
T
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own as follows:
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TOWN OF DANBY
LOCAL LAW NO. 2 OF 2002 . •
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A LOCAL LAW IN RELATION TO THE CLASSIFICATION OF LOW VOLUME RURAL
TOWN ROADS; THE ESTABLISHMENT F MAINTENANCE AND REHABILITATION •
GUIDELINES FOR SUCH ROADS AND THE PROCEDURE TO BE FOLLOWED TO
DESIGNATE PARTICULAR ROADS ACCORDING TO CLASSIFICATION
SECTION 1 - LEGISLATIVE PURPOSE
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The Town of Danby hereby enacts this local law 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 uses thereof. While there are
generally accepted standards for the design, maintenance and rehabilitation of high volume roads,
there are no such comparable stands for roads located in rural areas 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 local law is enacted.
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• SECTION 2 - LEGISLATIVE.FINDINGS
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
cl oi'i Iboa nd sn ec c s a .c 1 areas
pages ah according sizelasl uses
number neach)
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Local Law No.2 of 2002
Low Volume Roads
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 Governors 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 tow
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 heir 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.
SECTION 3 - CLASSIFICATION OF HIGHWAYS
The Town Superintendent f Highways, in the event he (or she) finds it to be in the best interest of the
town, may classify one or more roads or portions thereof as one the following types of roads, low
volume collector;residential access;farm access;resource/industrial access, agricultural land access;
recreation land access or minimum maintenance road. However, no road shall be finally determined
to be 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 definition of such
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Local Law No.2 of 2002
Low Volume Roads
type of road as set forth in Section Ten of this local law. Upon the classification of any road or
portion thereof by the Town Superintendent of Highways 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 of Highways which shall contain the information upon which the 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 the
designation of a minimum maintenance road shall be by local law as provided in Section Four of this
local law. Upon the adoption of such resolution, the road or portion thereof shall be classified as
determined by the Town Superintendent of Highways and such Town Superintendent of Highways
shall take into consideration the guidelines for maintaining such road or portion thereof as set forth
in Section Ten of this local law.
SECTION 4 - MINIMUM MAINTENANCE DESIGNATION
Notwithstanding the provisions of Section Three of this local law no road or portion thereof shall be
designated as a minimum maintenance road except after following the procedure set forth in Sections
Four through Six, 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 ten 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.
4. . No local law designating a minimum maintenance road shall be effective until signs pursuant
to sections Six and Eleven of this local law are first posted advising the public that such road
is a minimum maintenance road.
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Local Law No.2 of 2002
Low Volume Roads
5. 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 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 Section Ten of this local law; and
e. a determination that such road, or portion thereof, does not constitute access
to a year-around residence.
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.
SECTION 5 - SCHOOL BOARD REVIEW
A copy of the findings in Section Four shall also be sent to the Board of Education of the School
District in which each road or road segment is located. Such School Board shall review the findings
and within forty-five days file with the Town Clerk a resolution recommending such road designation
or,in the event such designation is not recommended,the School Board shall set forth in a resolutions
• for not recommending such designation. The Town Board may, by resolution, accept, accept in part
or reject the recommendations of the School Board prior to any vote upon the proposed local law.
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In the event the School Board 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.
SECTION 6 - POSTING OF SIGNS
Appropriate signs shall be placed on a minimum maintenance road. Such signs shall notify and advise
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Local Law No. 2 of 2002
Low Volume Roads
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.
SECTION 7 - MINIMUM MAINTENANCE PRACTICES
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 subject to
the funds for such maintenance being made available by the Town Board. 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 Superintendent of Highways. The guidelines for the method and manner of maintaining a
minimum maintenance road are set forth in Section Ten of this local law.
SECTION 8 - DISCONTINUANCE OF MINIMUM MAINTENANCE DESIGNATION
Any person or persons owning or occupying real property abutting a road or portion thereof which
has been designated minimum maintenance road may petition the Town Board to discontinue the
designation of such rad or portion thereof as a minimum maintenance road. Such petition shall be
filed with the Town Clerk. 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 thirty days after receipt and at least ten days
public notice shall be given prior to the conduct of such public hearing. At least ten days before the
public hearing on such petition, written notice of such public hearing shall be served by certified mal
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.
SECTION 9 - DISCONTINUANCE IN THE PUBLIC INTEREST
Notwithstanding the provisions of Section Eight of this local law 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.
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Local Law No.2 of 2002
Low Volume Roads
SECTION 10- GUIDELINES FOR CLASSIFICATION,
DESIGN, MAINTENANCE, AND OPERATION
The following tables accompanying data shall be used as guides by the Town Superintendent of
Highways to classify low volume roads in the Town of Danby and shall be used to enable the Town
Superintendent of Highways to determine the guidelines be followed to enable him to determine the
manner in which low volume rural roads may be designed, maintained, and operated.
Classification for Low Volume Rural Roads and
Guidelines for Design, Maintenance and Operation
The following classifications have been developed to establish a close relationship between the uses
of low volume rural roads and their design,maintenance and operation and are hereby adopted by the
Town of Danby. The classifications identify the significant use characteristics, including traffic
volumes,rural roads. Guidelines for the design,maintenance and traffic control have been developed
that are closely matched to these use characteristics. Such guidelines shall be used by the Town
Superintendent of Highways.
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 rural road serves.
A low volume rural road is a road with zero to 400 vehicles per day.
Low volume Rural Road Classification in the Town of Danby
* Low Volume Collector--collects traffic from any of the other classifications and channels it
to higher level roads, such as arterials and interstates.
* Residential Access - provides access to residences. The traffic volume generated depends
on the number of residences. All year access for fire trucks, ambulances and sdhool buses
should be provided.
* Farm Access--provides access to a farm's center or operations including the residence.
Traffic volume is generally low, but may include occasional heavy trucks and significant
numbers of employees' cars.
* 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.
* Recreation Land Access--provides access to recreational land including seasonal dwellings
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Local Law No. 2 of 2002
Low Volume Roads
and parks. Volumes of traffic can vary with the type of recreation facility and season of the
year, and may include recreational vehicles.
* Minimum Maintenance Road--a low-volume rural road or road segment which may be of
a seasonal nature, having an average traffic volume of less than fifty 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
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 at the time designation as a minimum maintenance road is being considered.
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.
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 50 vehicle per day
threshold is used because, at fewer than 50 vehicles per day, vehicle interactions become s infrequent
that the effect on vehicle operation is negligible.
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.
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).
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TAB T.F. 1
KU.KAL LOW VOLLIsfit ROAD CLASSIFICATION
Road Classification Vehicle Type ADT(13 Rehabilitation Maintenance Traffic
Design Type Control
1. Jw Volume Collector All ve'nic.ies 50400 A Normal MUTCDIZ)
<50 13
2. Residential Access Cars, 50-400 5 Normal MUTCD
emergency and <50 C Normal MUTCD
service vehicles
3. Farm Access Cars, light 250-4W A Normal MUTCD
tracks, <250 B Normal MUTCD
occasional
hcavy trucks,
farm
equipment
4, Resourct/Indu.strial Trucking 50400 A Normal MUTCD
Access employees cars <50 B Normal MUTCD
5. Agricultural Land Occasional Min. Main:. MUTCD
• ALLtSS farm
equipment
seasonal
6. Recreational Land Carz, V's 50400 B Normal MUTCD
Access Seasonal <50 C Min. Maint. MUTCD
NOte:
Average Daily Trrzffie
Manual of Uniform: Traty:c Control Devices" Su—plementecl by "Traffic Sign 1-Landbook for Low Volume
Roads" New York State Department of Transportation Traffic and Safety DivEsion,June 1985.
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. TABLE 2
DESIGN GUIDELINES FOR ROAD REHABILITATION BY ROAD TYPE
: Z � • i _'' a B K a P a:::""*.iT"y7S a..j i ...y,,,
Fts�cx r�Qad i¢a S rvice Y1�a �rn�;jpty te t �4'a7
Minimum Width 18 feet'1) 16 feet(i) 10 feet°'
Traveled Way
Shoulder 2 feet 2 feet I
Opposing All vehicles pass with 1. Trucks cannot meet All vehicles require specie.?
Vehicle no speed reductions without reducing speed. widening for passing.
Interactions 2. Cars cannot meet
:cks without reducing
speed.
3. Cars pass with almost
normal speed.
Operating 45 mph or greater 25 mph to 45 mph 40 mph or less
Speedy)
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Typical Surface Asphaltic Coneete Asphaltic Ccnf ete Usually unsurfaced
Material«! ADT>150 . ADT>lt:e)
`` Aggregate ADT<150 A regr.te ADT<150
Surface No adverse effect on May cause reduction in Reduced operating speed
Condition operating speed operating seed
I Add 2fi. to the traveled way if $isniflc nt track traffic is present.
2 If farm vehicles are Present, rr�intain 20 foot horizontal clarance. Widening of traveled way should be provided
app'<ozirr*.ately ICS foot intert-xLs to :allow vehicles to pass.
3 Applicable to normal rraintenw.rtce roads.
4 ADT thr�hclds rear,mer.ded cased on econe;rru ar:iris, °E cna'rrc F�luaticn of Pavement Design for Lew Voltz:
Rai ," Proceedings of the Mird Ir.!:r-ratiena( Low Vnlurre Road Cone,yi ce 2983, Cornell ?Irniv rsify.
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CROSS SLOPE DF INAGE CRITERIA, BY SURi-ACE TYPE
Surface Type Range in Cross Slope
High (as alt, et..) 1.5%,-2_0%
Intermediate (surface treated) 1.5%-3.0% •
Low (unpaved) 2.07x--6.077
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CIear Zone--The width of the roadside area that should be shldied for possible hazard
mitigation measures varies with the operating speed, beaffic level and degree of curvature
of the road. Desirable clear zones et e indicated'below. (Clear zone is measured from the
edge of the traveled way.)
Type A Road—a 10-foot clear zone is desirable.
Type B Road—a 2-foot to 5-foot dear Zo'1? i.4 C:PSirahI ; a 10-foot clear zone on the •
outside of sharp curves and or curves at the bottom of long grades is desirable.
Type C Road--a 2-foot clear zone is desirable; a wider dear zone on the outside of sharp •
curves is suggested. On minimum maintenance roads a clear zone may not be provided.
Hazard mitigation measures to be considered include:
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- Improved delineation of the road including edgelil-zes, delineator and reflectors.
- Guider ail
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- Berns and earth work
- Draia ge modifications
- Removal of the hazard
Property owners should recognize the legal right of local government to remove fixed i within
the right of way of the road.
Guiderail— New York State Department of Transportation Cuiderail and
d
designs are intended for high volume, high speed highways andarc ft n
too expensive for.many low volume road appllcaticrs. Alternative de✓Igns
that are Less expensive and adequately tested to assure performance may
be used on low volume rural roads.
Soutar A.AS,}TO PoiLv for Geometric Design of Higt:wcvs and Streets, 198d.
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TABLE 4
MAIN-FENANCE ACTIViliEr: FOR RURAL LOW VOLUME ACTIVITIES
AND MINIMUM MAINTENANCE TOWN ROADS
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ActiN-ity I Noi7.-.A. al Mainter.ance Roads ML--lizturn Maintenance Roads
1, „ . . :. ,,, ..,......;,.„-..,.. ...:....:,...-:„-..“,,,.■••: ::':..:::;.....".:::Z.7;.;'?'"::";-;%-;;;;;>;',T,;;;--:!:,.-:,-,:-. .:::",;;V.:.-:..r.\-:,.`:',1.::..."-_"?.:,:":.•!;:•:::,,F;-:::::.;,;.::;:::::-::;,:;::;:::::',:: :::.:1
I ::,...:...:..: : ;;;: :.:::.: i::':: : : : :;..::: '. 7 :::7:::....".i1::::.:::5ili.ac:i;::114it teit4ri7::::t.';'..i:::.:"..;:':1'.';7::',: ':::''..t::%t':.. 1'7;;.7-7:;:q.':':"':-.,' '!7-''''l i' r;..-•-:":7,:'''''•E:E.‘:,""r.?
,...,-...,cr.:-.5,.e.S.':=V-...:;r7.:,,,,,-7, :•-.;:::;::::.'•:;•:.::::f:I
Crack 'Sealing A nt-_-:-.-.5sary Mai:-. 1...n in rnanner determined by town
Patching and Potholes On demand highway supe-inte_ndent consiste..r.t with
bur:.ace Seals As nece.ssa-y volurrto and type of t-affic and in the
Thin Overlays As necessary manner sth ...d in siect'on seven of this
Snow Removal ROads kept clear local law,
Shoulder Maintenance Grading cleaning
Bleating Rear Infrequent
,:.,::f..;:.:::';:..;:;;;;;?;;;;................'''''''';'.; " ••;..;•;,,,,,,,.;::1:::;..'..;..7...;;;;;•:........::::■.. .....,i1:ii,..:,..7. ;.::,.:;!:_:::1;::;=::::::,....-2;,..:,..,.-;.,;-,;:;.::' :::,;.:,,77r7e:..t.;...?:,.i:_...,,,,”.,;,..„.•,;:,;;;.:',.•,,,z,,-,;3;:tiy...),,. A1417;.;;;::.:;,.;.; ,,,,.....,
- '::: : : 4 - x ;,5. .•.i.i.:"''::::;:;:::::: $44..,44 ' ' 7 ::';;1?, : ;:::‘:::.:'::.4...1.7-Z1.2'illt :.;..s.;:: :"I'' r;t:''''
. Cleaning As necessari f Iviainmin in rnartn - deterrrine.d by bwn
Mowing
1 Rc....-.-.1ar
-eo- • highway superintendent consistent with
Brush Control j Site Distnce rnaintned volu:-.-te and type of t-aific and in the
Guide Rail Main: Regular rr.artner simted L-1 section seven of this
Drainage:
local law,
. 1 -Struccure As necessary
1 -Ditches
Positive drainage inzint.a.i_ned
1 Slopes Repair failures
1::.:;•;Z•f;•::::T.:•:::::4:::::::=::::•::::?..:,,'.':.:-....::::F=7.FtiF. -ti.• - : ••:.:';.(J.:'.411:-.F.7.•>::::: ::.;.:ii:',.='::.4:-.:^i.::4::.--fiar.j..*:.iitk;:ki: .:is.'ii'.4....,'.1,Ti:tii,r•'•::.i:';', .::. -.'.'••i":', , .0Ziii•:::. 7,•:::.::`::ii-7.'`''::7.:,a-i.:'•i."•:;?-. 1
,. ::::::.::::::::::•••:••.:•••••.,•:::-....,:-..:.":!,:f::,":0::,...•••-,:-:=:74.--3•-•, :,•;:.:.••••,--,7-,. ..,.. : :,..t,.::•,.. :.,.:f.:,..!::?-.-=?:'':4•,:c.::,,..i•r::::;,,,.-;:...t::::?,:,. 5.17.17.'.:;:,:f..t:::=::
Clear:L-1g As ne,.zessar-y to pre.rve bride • Mrtin in ITLITUle" dei-L-mine.d by town
Lubrication As necetsary tu prt-Jtrve brie It.i.611way superintzradent CUMLitIttlt with
Pain dng As nepassary to preserve 'oridge volume and type of t-affic and in the
Deck As necessary to preserve budge manner sta In section seven of this
Drainage As necessary to preserve bridge local law.
Signs 1 ML7CD (1) MUTCD fl)
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(1) A4 LITCD is the Mcnu.:1 cf Unif7rm Trzfic Corli7v1 Dr .
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Local Law No. 2 of 2002
Low Volume Roads
Surface Maintenance
Crack Sealing- manually pouring hot asphalt, with or without a fiber reinforcement material, into
road surface cracks that have first been cleaned of all loose debris, vegetation, etc. The cracks may
occur at construction joints, utility cuts, or just be random due to the effects of time, weather, loads,
etc. Crack sealing has been found to be a very cost-effective measure, because it prevents the entry
of water into the base course and sub-grade. By blocking the entry of water, crack sealing indirectly
strengthens the load supporting capability of the road.
Patching and Potholes - placement and compaction of asphalt concrete into surface defects, such
as potholes,which have first been cut back to sound material and cleaned or loose debris, water, etc.
While a certain amount of this work will have to be done on an emergency basis during inclement
weather to provide a safe road, expedient patches should be replaced with permanent patches using
proper methods and materials when conditions are favorable. Extensive patching and potholes in an
indication that a pavement has reached the end of its functional life, and the road should be scheduled
for rehabilitation in accordance with the guidelines set forth in this local law.
Surface Seals -also known as "chip seals,"this method involves spraying a rapid-setting emulsified
asphalt onto the road surface, followed immediately by the placement of a single layer of clean,
crushed stone particles. A pneumatic, rubber-tired compactor is used to press the stones into the
asphalt before the emulsion sets up. Chip sealing is used where the surface cracking is more
extensive,while manual crack sealing is used where the cracking is less extensive. Chip sealing may
also be used to enhance skid resistance on slippery road. Where water entry is prevented by the
surface seal, some strengthening of the road will result.
Thin Overlays - while "thin" is a relative term, it is used here to refer to hot-mix or cold-mix
overlays having a thickness of 1-1/2 inches or less. This method adds more to the structural
capability of the pavement than does a chip seal. However, it performs much the same function as
a chip seal although it can be expected to have a more lasting effect. When a thin overlay is placed
on a paved road, it is customary to use a tack coat to promote a bond between the old surface and
the overlay. According to the Asphalt Institute, the tack coat should be sprayed from a distributor,
allowing adequate time for it to become"tacky" before paving. Traffic should be kept off the tacked
area before paving. They recommend using SS-1 or a CSS-1 asphalt emulsion diluted 50-50 with
after, and applied at a rate of 0.05 to 0.15 gallons per square yard. Application of tack coat at higher
rates should be avoided, as this can lead to slippage of the overlay or "bleeding" and loss of skid
resistance on the surface of the overlay.
Snow-Removal - snow and ice control are performed to foster safety and to expedite travel during
the winter months. Blading of snow is done to remove it from the roadway to prevent the buildup
of ice. Abrasives(sand, usually mixed with salt) are used to enhance traffic ability during a storm or
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Local Law No.2 of 2002
Low Volume Roads
immediately afterward when a thin layer of ice or snow remains on the road. Salt is used to lower
the melting temperature of the ice, and to diminish the bond of the ice on the road surface.
Shoulder Maintenance - activities may differ depending on whether the shoulder is paved or
unpaved. The objective is to keep the surface smooth so that moving vehicles can leave the main
roadway safely, and also to assure that water from the road will move across the shoulder and into
the ditch or gutter. It is particularly important to remove the accumulated winter maintenance
abrasives from the shoulders to prevent the retention of water near the edge of the pavement.
Blading- for aggregate roads and unpaved shoulders, blading removes potholes, corrugations, and
other surface defects, rendering the surface smoother and safer to travel on. Blading is usually
preceded by scarification to a depth slightly deeper than the deepest surface defects. Blading should
be used to establish a cross-slope of 4 to 6 percent (%2 to 3/4 inch per foot) for goo drainage and to
reduce the development of potholes in the aggregate surface.
Regraveling - the addition of aggregate materials to re-establish the crown and grade of the road.
This activity is commonly done at the same time as blading, but less frequently. The new aggregate
is needed periodically to make up for materials that have been lost due to traffic, water erosion,
dusting, and blading losses.
Dust Palliation - application of water, calcium chloride, sodium chloride (salt), lignin sulfonate, or
other nontoxic chemicals to bind the surface and prevent loss of dust. Dust loss leads to the gradual
erosion of the road surface, reducing its thickness and load supporting capability. Dust can make
summertime travel hazardous when traffic volumes are sufficient to require passing maneuvers.
Sometimes the use of dust palliatives will reduce the need for blading and regraveling to a sufficient
degree to be highly cost effective.
Roadside Maintenance
Cleaning -picking up litter and other roadside debris, principally for aesthetic reasons, but also to
protect the flow capacity of culverts and ditches.
Mowing-cutting grass and weeds. This is particularly important near driveways and intersections,
to provide a clear line of sight for traffic.
Brush Control - cutting woody shrubs to prevent encroachment onto the right-of-way. This is
important to provide adequate sight distance, particularly around the inside of curves, and at
driveways and intersections.
Guiderail Maintenance- replacement of damaged, ineffective guiderail. This may also involve use
I
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10
Local Law No.2 of 2002
Low Volume Roads
of herbicides to retard the growth of weeds and shrubs in front of and immediately behind the
guiderail.
Drainage - cleaning debris from the inlets and outlets around culverts, and cleaning ditches to
maintain flow capacity. When possible, ditches should be cleaned in the late spring of the year, so
that vegetation will be quickly re-established to protect against erosion. At other times, reseeding
may be necessary for erosion protection.
Slope Maintenance - remove landslide debris, cut and remove trees from fill slopes, protect against
erosion due to runoff from the road surface or ditches,'seed slopes to retard erosion.
B ridges
Bridge Maintenance- cleaning of drainage scuppers, lubrication of pins and bearings, painting of
beams and railings, cleaning and patching of deck surface defects, removal of winter maintenance
abrasive and salt residues, protection of bridge abutments against scour and erosion, inspection of
abutments, clearance of the waterway to maintain flow capacity.
Signs
Sign Maintenance - clearance of shrubs and trees obstructing visibility, replacement of damaged
signs, verification that signs are used and placed in accordance with the Manual on Uniform Traffic
Control Devices (MUTCD).
SECTION 11 - GUIDELINES FOR TRAFFIC CONTROL
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.
Signs on Rural Low Volume Roads
The Town Superintendent of Highways 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 rural 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.
•
•
•
•
11
Local Law No. 2 of 2002
Low Volume Roads
When the Town Superintendent of Highways 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.
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 is 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
rural 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 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.
Signs on Designated Minimum Maintenance Roads
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.
Installation of signs -Minimum maintenance road signs shall be installed at each end of a 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.
SECTION 12 - BUDGETARY LIMITS
The classification of roadways pursuant to this local law and the establishment of guidelines for
maintenance and traffic control are set forth in an effort to assist the Town Superintendent of
Highways in allocating highway maintenance and traffic control resources. Nothing in this local law
is intended to require or permit the expenditure of funds by the Town Superintendent of Highways
or other officers of the Town that are not included in a duly adopted budget and appropriated for
such purposes by the Town Board. If those resources are inadequate to perform all of the
maintenance that may be desirable pursuant to the terms of this local law and other laws governing
the maintenance of town highways, the Town Superintendent of Highways is empowered to allocate
12
Local Law No. 2 of 2002
Low Volume Roads
those resources as such superintendent deems appropriate, to the extent possible honoring the
priorities established by this law. Nothing in this local law is intended to impose an absolute
obligation on the Town or the Town Superintendent of Highways to perform all of the maintenance
items and/or traffic control items set forth in this law.
SECTION 13 - EFFECTIVE DATE
This local law shall take effect immediately upon its filing in the Office of the Secretary of State in
accordance with provisions of Section 27 of the Municipal Home Rule Law.
II ,
•
,
(Complete the certification in the paragraph that applies to the filing of this local law and
• strilce out that which Is not applicable,)
•
•
•
1. (Final adoption by local legislative body uuly,) • • .•
I hereby certify that the local law annexed hereto, designated as local law No.' •of the v n.•y)(Town)( e) of 0/9A f3 ' °f by the
o(,fir► op r-c, Q was duly passed by the
f ame o egialaNve Body) on J i�lrili5l- Q '�, in accordance with the applicable provisions of lacy.
•
2. (Passage by Iocal Iegislativ body with approval, no di .pproval or repassage aflcr.disap royal
by the F.lentive Chief eutivc Officer•.)
I hereby certify that e local law annexed her ., designated as local law N .of the (County)(C' )(Town)(Village) of was dui or 19 •on 19 , and was (approve Y passed by the
'srne of eiu!ttve body — ( AArOVP (apt disapproved)(repasscd after
disappro I) by the and was dee ".ri dtt1
(alective Cla1E ExecutivabiCtcer') Y adopted on 19
in a cordance with the applicable provisions of law.
3. (Final adoption by r •ferendum.)
' I hereby certify tha e local law annexed hereto, designated as local law•No. of 19_
of the (County)( ' y)(To.vn)(Villagc) of was duly
on 19 ( passed by the
ame of Le¢iel the -ody •
and was (approved) t disapproved)(r assed after
disapprov• by the
an 19 • Such to law was
(Fleetly• Cfti.!kx•cut' a ()Maces)
. subm' ed to the people by reason a (mandatory)(permissive) rcfe ndunt, and rcceiv the affirmative
vot• of'a majority of the quatifi electors voting thereon at the ( eneral)(special)(ann al) election held on
.19_, in acco dance with the applicable provisions of law, .
•
4. (Subject to permiss c referendum and final adoption b • •use no valid petition was f' ed requesting
rcferndum,)
•
I hereby certify t ar the local Iaw annexed hereto, , aignatcd as local law No.
of the (County ity)(Town)(Village) of of —
was duly passe y the
on 19 , and was (appruved no disapproved)(repa .ed after
t ame of egi ativa o.y
dis:tpprov. ) by the �
on 19 Such local la ' was subject to
Elective Chief Exec • ve Officer' —
permi ,ive referendum and no vaI'• petition requesting such rofere•eurn was filed as at" 19
in a ordance•with the applicab - provisions of law. —•
•
•
•
'Elective Chief Executive Officer uteu i ur includes the chief executive officer of h county elected on a
county-~ride basis or, If there be-none, the chairman of the county legislative body, the mayor of a city
or village, or the supervrsor of a tovvtt where such officer is vested with the power to approve or veto focal
laws or ordinances. ,
.
(2) ,
I
• ,
•
>;CIty local law concerning Charter revision proposed by petition.) ^ .
•
I hereby certify that the local law annexed hereto, designated as local law No.
of the City of hav of. '
.
ing been submitted to referendum pursuant to
the provisions of section (36)(37) of the 2,4unicipr.l Home Rule Law, and liaviug received the affirmative vote
• of a majority of the qualified electors of such city voting thereon at the (speciai)(general) election held on
19 , became Operative.
•
6, (County local law cout.;ernIng adoption of Charter.) •
•
I hereby certify that the I:,.al law annexed hereto, d 'gnated as local law No. • of 19
of the County of , State of w York, having been su fitted
the electors at the -neral Election of Nova - -.r 19 ursuant to subdivisions nd 7 u
section 33 of th-. funicipal Home Rule L - , and having received th affirmative vote of a ma' ity of th
Qualified ele •rs of the cities of said my as a. unit and of a in ority of the qualified elcc is of the t vas
of said co ty considered as a unit oting at said general electi• , became operative;
(If y other authorized for I of final adoption has been' allowed, please provide a appropritate certification.) .
•
•
. I further certify that I have compared the preceding local law with the original on file in this office and that
the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted
in the manner indicated in paragraph , above.
•
.t .4 fie
• ee, L as vunty e. a aU r•y, L. y,•1--wn or •i aae V crk • •
(
o - ricer destine�d • Ioc41 legilaative body
•
(Seal) — Date: 1 r' a ,d 2--
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or
other authorized Attorney of Iocality.)
•
STATE OF NEW YORK
COUNTY OF TO.nel5 k.•'a • •
I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper
proceedings have been had Oi takeet fur the enactment of the local law annexed hereto.
;L1 _
9ignat re !
•
T,tla
County .
,
Village
•
Date: 'I/
•
(3)
. R
1
TOMPKINS
COUNTY
at
.:'.Ts N OF DANBY - TOMPKINS COUNTY
TOWN CLERK'S OFFICE
1830 Danby Road
Ithaca, New York 14850
PHONE (607)277-4788 FAX (607)277-0559
September 09, 2002
Attorney Richard Stumbar
Bixler and Stumbar Law Offices
207 East Court Street •
Ithaca,New York 14850
Dear Rich:
Enclosed are the necessary documents for filing of the Town of Danby Local Law No. 2 of 2002.
The following documents are enclosed:
1) Three copies of the local law for you to sign;
2) Certified copies of Resolution No's. 68 (SEQR) and 69 Adoption of the Local Law.
3) Affidavit of publication copy.
4) Affidavit of transmittal t the Town Board of the local law.
5) Copies of the Public Hearing Minutes and a copy of two (2) special meetings of August
28th in relation to this local law. (Two special meetings were requested by the Code
Enforcement Officer.)
6) Publication of the adoption of the local law. (Copy from the Ithaca Journal)
If anything is missing please let me know.
Very truly yours,
aljted
f `
Carol W. Scze•anski
Town Clerk
•
cws
TOMPKINS,
COUNTY.
TP N OF DANBY - TOMPKINS COUNTY
Y 3
1830 DANBY ROAD (607)277-4788
T. _ • ITHACA, NEW YORK 14850-9419 Fax: (607)277-0559
CODE ENFORCEMENT OFFICE Phone (607) 277-0799 Fax 277-0559
December 6, 2002
To: Jay Gregory and Kara Vaeth
61 Holland Place
Hartsdale, NY 10530
From: Susan Beeners
Attached per my phone conversation today with Kara is a notice which we sent to the
firm representing the Zimmer estate, along with related maps. This notice is related to the
public hearing scheduled by the Town Board for December 30, 2002, at which time a
proposed local law changing the road classification of portions of Heisey Road and
Eastman Hill Road from seasonal maintenance to low volume/minimum maintenance.
My understanding is that you purchased the property, tax parcel 13.-1-22, around
November 15, 2002. Our records at that time showed the property as still owned by Mr.
Zimmer.
The level of maintenance on these road portions would essentially remain as it is
presently, for seasonal use. The main change that the local law would create is that if a
resident wanted the road to be changed from seasonal to year round use, a petition would
have to be submitted to the Town Board. The Town Board, after holding a public hearing
on the matter, would either approve the change, or could deny the change. If the change
was denied, the petitioner would have to wait around two years to resubmit a petition to
the Town.
Please do not hesitate to contact me if you have any questions.
I
O 1
•
November 26, 2002
Tax Map: 13.-1-22
Edward A. Zimmer
C/O Burke and Burke
19 W. Main Street, Rm. 200 •
Rochester, NY 14614
Ref: Low Volume/Minimum Maintenance Local Law 2 of 2002 for the Town of Danby
Dear Mr. Zimmer:
As per Local Law 2 of 2002 in the Town of Danby, we are notifying you that a public
hearing will be held on Monday, December 30, 2002 at 7:00 p.m. at 1830 Danby Road for the
purpose of considering changing the road classification on portions of Heiser and Eastman
Hill Roads in the Town of Danby from Seasonal Maintenance to Low Volume/Minimum
Maintenance. A copy of the local law and the findings for this section of road are on file in the
Town of Danby Clerk's Office and are available for review during regular business hours.
The change in classification denotes the fact that the roads would still have minimum
signage and maintenance but that any conversion of the road to year-round maintenance
would need Town Board approval.
This change in classification protects the Town of Danby for budgetary and
construction planning purposes if a road is changed from Seasonal to Year-Round Status (i.e.
widening, turnarounds, snowplowing, etc.).
If you cannot be present but want input to the Public Hearing, comments should be
sent, in writing, to the attention of the Town of Danby Town Clerk prior to the hearing. If you
h.ove any questions regarding this matter, please contact Susan Beeners, Code Enforcement
Officer with the Town of Danby at 607-277-0799.
Sincerely,
Fredric Dietrich, Town Supervior
Town of Danby
/sh
02-75
Attachment: Map
Note: Sent by certified Mail 30 days prior to Public Hearing
STATE OF NEW YORK
DEPARTMENT OF STATE
4I STATE STREET
ALBANY, NY 1 223 I-000 I
GEORGE E. PATAKI RANDY A. DANIELS
GOVERNOR SECRETARY OF STATE
September 27 , 2002
Carol W Sczepanski
Town of Danby
1830 Danby Road
ITHACA, NY 14850
RE : Town of Danby, Local Law 2 , 2002 , filed 09/12/2002
The above referenced material was received and filed by this office as
indicated. Additional local law filing forms will be forwarded upon
request .
Sincerely,
11:4"4\7›...,
Linda Lasch
Principal Clerk
State Records & Law Bureau
(518) 474-2755
o
G4
WWW.DOS.STATE.NY.US • E-MAIL: INFO @DOS.STATE.NY.US `
RECYCLED PAPER
01- --
RESOLUTION NO. 69 OF 2002
By Councilperson Strichartz: Seconded by Councilperson Varona Lacey
ADOPTION OF LOCAL LAW NO 2 OF 2002
"A LOCAL LAW IN RELATION TO THE CLASSIFICATION OF LOW VOLUME
RURAL TOWN ROADS; THE ESTABLISHMENT OF MAINTENANCE AND
REHABILITATION GUIDELINES FOR SUCH ROADS AND THE PROCEDURE TO
BE FOLLOWED TO DESIGNATE PARTICULAR ROADS ACCORDING TO
CLASSIFICATION"
WHEREAS, a public hearing was held by the Town Board of the Town of Danby at 6:40 p.m.
on August 28, 2002, to hear all interested parties on a proposed local law entitled "A LOCAL
LAW IN RELATION TO THE CLASSIFICATION OF LOW VOLUME RURAL TOWN
ROADS; THE ESTABLISHMENT OF MAINTENANCE AND REHABILITATION
GUIDELINES FOR SUCH ROADS AND THE PROCEDURE TO BE FOLLOWED TO
DESIGNATE PARTICULAR ROADS ACCORDING TO CLASSIFICATION", and
WHEREAS, notice of said public hearing was duly advertised in the Ithaca Journal on August
19, 2002; and
WHEREAS, said public hearing was duly held on said date and time at the Town Hall of the
Town of Danby and all parties in attendance were permitted an opportunity to speak on behalf of
or in opposition to said proposed local law, or any part thereof; and
WHEREAS,pursuant to Part 617 of the Implementing Regulations pertaining to Article 8 (State
Environmental Quality Review Act), the Town Board acting as Lead Agency in environmental
review of this Unlisted Action, has made a negative determination of environmental significance;
and
WHEREAS, the Tompkins County Department of Planning on August 13, 2002 has indicated
pursuant to General Municipal Law ss239 that the matter has no negative inter-community or
county-wide impacts;
NOW,THEREFORE, be it
RESOLVED, that the Town Board of the Town of Danby hereby adopts said local law entitled
"A LOCAL LAW IN RELATION TO THE CLASSIFICATION OF LOW VOLUME
RURAL TOWN ROADS; THE ESTABLISHMENT OF MAINTENANCE AND
REHABILITATION GUIDELINES FOR SUCH ROADS AND THE PROCEDURE TO
BE FOLLOWED TO DESIGNATE PARTICULAR ROADS ACCORDING TO
CLASSIFICATION" a copy of which is attached hereto and made part of this resolution; and it
is further
RESOLVED,that the Town Clerk is hereby authorized and directed to file said local law with
the Secretary of State as required by law.
A roll call vote on the resolution resulted as follows:
2 Special Meeting Minutes
Adoption- 11-2 of 2002
August 28,2002
Gagnon Aye
Nolte Aye
Strichartz Aye
Varona-Lacey Aye
Dietrich Aye Carried Unanimously
STATE OF NEW YORK )
COUNTY OF TOMPKINS ) SS:
TOWN OF DANBY )
I Carol W. Sczepanski, Town Clerk in the Town of Danby, a Municipal Corporation of the County of Tompkins,
State of New York, hereby certify that the forgoing resolution is a true and exact copy of a resolution duly adopted
by the Town Board of said Town of Danby at a Special meeting held on the28th day of August 2002.
IN WITNESS WHEREOF, I have hereunto set my hand and the Seal of the Town of Danby, this 3rd day of
September, 2002.
atet-all -n,t_IL/
Carol W. S zepn ki, Town Clerk
1 Town Board Minutes
Resolution No. 68
August 28,2002
RESOLUTION NO. 68 OF 2002
SEQRA DETERMINATION OF ENVIRONMENTAL SIGNIFICANCE WITH RESPECT
TO THE PROPOSED LOCAL LAW FOR LOW VOLUME RURAL TOWN ROADS
By Councilperson Strichartz: Seconded by Councilperson Varona-Lacey
WHEREAS,this Action is the consideration of a SEQRA Determination of Environmental
Significance with Respect to the Proposed Local Law in Relation to the Classification of Low
Volume Rural Town Roads; the Establishment of Maintenance and Rehabilitation Guidelines for
Such Roads and the Procedure to be Followed to Designate Particular Roads According to
Classification, and
WHEREAS, this is an Unlisted Action for which the Town Board of the Town of Danby is Lead
Agency in environmental review, and for which the Tompkins County Department of Planning, as
an interested agency, has been notified for purposes of General Municipal Law 239 review, and
WHEREAS, the Town Board of the Town of Danby has reviewed the SEQRA Environmental
Assessment Form and the recommendation of the Code Enforcement Officer that a negative
determination of environmental significance be made for this Action, NOW, THEREFORE, IT
IS
RESOLVED,that the Town Board of the Town of Danby, acting as Lead Agency in
environmental review of this Unlisted Action, makes a negative determination of environmental
significance.
A roll call vote on the resolution resulted as follows:
Gagnon Aye
Nolte Aye
Strichartz Aye
Varona-Lacey Aye
Dietrich Aye Carried Unanimously
STATE OF NEW YORK )
COUNTY OF TOMPKINS ) SS:
TOWN OF DANBY )
I Carol W. Sczepanski, Town Clerk in the Town of Danby, a Municipal Corporation of the
County of Tompkins, State of New York, hereby certify that the forgoing resolution is a true and
exact copy of a resolution duly adopted by the Town Board of said Town of Danby at a Special
meeting held on the28th day of August 2002.
2 Town Board Minutes
Resolution No. 68
August 28,2002
IN WITNESS WHEREOF, I have hereunto set my hand and the Seal of the Town of Danby,
this 3rd day of September, 2002.
ada, )
Carol W. Sczep..r'i Town Clerk
TOWN OF DANBY
RESOLUTION NO. 55 OF 2002
SET DATE FOR PUBLIC HEARING - PROPOSED LOCAL LAW
"A LOCAL LAW IN RELATION TO THE CLASSIFICATION OF LOW VOLUME RURAL
TOWN ROADS, THE ESTABLISHMENT OF MAINTENANCE AND REHABILITATION
GUIDELINES FOR SUCH ROADS AND THE PROCEDURE TO BE FOLLOWED TO
DESIGNATE PARTICULAR ROADS ACCORDING TO CLASSIFICATION"
By Councilperson Nolte: Seconded by Councilperson Gagnon
RESOLVED,that the Town Board of the Town of Danby will hold a public hearing at 7:00 p.m.
on Wednesday, August 28, 2002 for the proposed local law'A LOCAL LAW IN RELATION
TO THE CLASSIFICATION OF LOW VOLUME RURAL TOWN ROADS, THE
ESTABLISHMENT OF MAINTENANCE AND REHABILITATION GUIDELINES FOR
SUCH ROADS AND THE PROCEDURE TO BE FOLLOWED TO DESIGNATE
PARTICULAR ROADS ACCORDING TO CLASSIFICATION"
STATE OF NEW YORK )
COUNTY OF TOMPKINS ) SS:
TOWN OF DANBY )
I Carol W. Sczepanski, Town Clerk in the Town of Danby, a Municipal Corporation of the County of Tompkins,
State of New York, hereby certify that the forgoing resolution is a true and exact copy of a resolution duly adopted
by the Town Board of said Town of Danby at a Regular meeting held on the 12th day of August,2002
IN WITNESS WHEREOF, I have hereunto set my hand and the Seal of the Town of Danby, this 14th day of
August, 2002.
aats,
Carol W. Scaski, Town Clerk
•
•
TOMPKINS
ir's,, , , . „,
COUNTY
-Ts N OF DANBY - TOMPKINS COUNTY
TOWN CLERK'S OFFICE
1830 Danby Road
Ithaca, New York 14850
PHONE (607)277-4788 FAX (607)277-0559
August 9, 2002
Secretary of the State of New York
Department of State
Bureau of State Records
41 State Street
Albany, New York 12231
Re: Town of Danby Local Law No 2 of the Year 2002
Dear Sirs and Ladies:
Enclosed for filing in your office is an original of the Town of Danby's Local Law No. 2 of
the year 2002. The Local Law is entitled: "A LOCAL LAW IN RELATION TO THE
CLASSIFICATION OF LOW VOLUME RURAL TOWN ROADS; THE ESTABLISHMENT OF
MAINTENANCE AND REHABILITATION GUIDELINES FOR SUCH ROADS AND THE
PROCEDURE TO E FOLLOWED TO DESIGNATE PARTICULAR ROADS ACCORDING TO
CLASSIFICATION".
Please forward the receipt for filing of this Local Law to:
Carol W. Sczepanski
Town Clerk Town of Danby
1830 Danby Road
Ithaca,New York 14850
Thank you for your attention to this matter.
Ve truly yours,
Adad it;
5,r eliu
Carol W. Sczepanski
Town Clerk, Town of Danby
Enclosure One (1)
xc: Richard Stumbar
Attorney for the Town of Danby
,: .TOMPKINS copy-COUNTY
L
Ts N OF DANBY - TOMPKINS COUNTY
TOWN CLERK'S OFFICE
1830 Danby Road
Ithaca, New York 14850
PHONE (607)277-4788 FAX (607)277-0559
•
December 10, 2002
Richard Stumbar
Bixler and Stumbar
207 East Court Street
Ithaca, NY 14850
Dear Rich:
Enclosed is a copy of the proposed Local Law No. 3 of 2002
for the Town of Danby. The Local Law is entitled: "A LOCAL LAW
CLASSIFYING CERTAIN ROADS OR PORTIONS THEREOF AS
MINIMUM MAINTENANCE ROADS", and an Affidavit of Service showing
that the local law was transmitted to the Town Board of the Town of
Danby.
I will send you a copy of the SEQR resolution and the adoption (it it occurs)
resolution after they have been prepared.
Certified letters were mailed on November 27, 2002 to adjoining property
owners of the affected properties. Public hearing notice will be
published on December 19,2002. The public hearing date has been
set for 7:00 p.m. on Monday, December 30, 2002 with the Year-end
meeting of the Board to follow.
Sincerely,
6,6,/, , _ e2 ,4g(:,ic.Aic.,-,
,$)
Carol W. Scz nski
Town Clerk
TOMPKINS
-:COUNTY.
r N OF DANBY - TOMPKINS COUNTY
TOWN CLERK'S OFFICE
1830 Danby Road
Ithaca, New York 14850
PHONE (607)277-4788 FAX (607)277-0559
AFFIDAVIT OF TRANSMITTAL FOR PROPOSED LOCAL LAW
I Carol W. Sczepanski, Town Clerk of the Town of Danby in the County
of Tompkins, State of New York, HEREBY CERTIFY, as follows:
That the Proposed Local Law entitled: "A Local Law in Relation to the
Classification of Low Volume Rural Town Roads, the Establishment of
Maintenance and Rehabilitation Guidelines for Such Roads and the
Procedure to be Followed to Designate Particular Roads According to
Classification" was transmitted to the Town Board of the Town of
Danby at a meeting of the Board on Monday, August 5, 2002.
August 6, 2002 �"
Dated arol W. Sczepa : ¶, Town Clerk
TOWN OF DANBY
RESOLUTION NO. 55 OF 2002
SET DATE FOR PUBLIC HEARING - PROPOSED LOCAL LAW
"A LOCAL LAW IN RELATION TO THE CLASSIFICATION OF LOW VOLUME RURAL
TOWN ROADS, THE ESTABLISHMENT OF MAINTENANCE AND REHABILITATION
GUIDELINES FOR SUCH ROADS AND THE PROCEDURE TO BE FOLLOWED TO
DESIGNATE PARTICULAR ROADS ACCORDING TO CLASSIFICATION"
By Councilperson Nolte: Seconded by Councilperson Gagnon
RESOLVED,that the Town Board of the Town of Danby will hold a public hearing at 7:00 p.m.
on Wednesday, August 28, 2002 for the proposed local law""A LOCAL LAW IN RELATION
TO THE CLASSIFICATION OF LOW VOLUME RURAL TOWN ROADS, THE
ESTABLISHMENT OF MAINTENANCE AND REHABILITATION GUIDELINES FOR
SUCH ROADS AND THE PROCEDURE TO BE FOLLOWED TO DESIGNATE
PARTICULAR ROADS ACCORDING TO CLASSIFICATION"
STATE OF NEW YORK )
COUNTY OF TOMPKINS ) SS:
TOWN OF DANBY )
I Carol W. Sczepanski, Town Clerk in the Town of Danby, a Municipal Corporation of the County of Tompkins,
State of New York,hereby certify that the forgoing resolution is a true and exact copy of a resolution duly adopted
by the Town Board of said Town of Danby at a Regular meeting held on the 12th day of August,2002
IN WITNESS WHEREOF, I have hereunto set my hand and the Seal of the Town of Danby, this 14th day of
August, 2002.
ae4/- <_d-z.cY'
Carol W. s4, Town Clerk
TOMPKINS
COUNTY
Te N OF DANBY - TOMPKINS COUNTY
TOWN CLERK'S OFFICE
1830 Danby Road
Ithaca, New York 14850
PHONE (607)277-4788 FAX (607)277-0559
•
August 14, 2002
Attorney Richard Stumbar
207 East Court Street
Ithaca, New York 14850
Dear Richard:
Enclosed is a copy of the Proposed Local Law regarding Low Volume,
Low Maintenance of Town of Danby Roads for your review.
I have enclosed the following information:
Copy of the Local Law
Affidavit of Transmittal to the Town Board
Resolution setting date for the public hearing
Memo from Sue Beeners
Copy of a second local law related to designation of low maintenance roads.
If you have questions about the enclosed material please let me know.
Sincerely,
Carol W. Sczepanski
Enclosures (5)
7 r,
",¢16.4 (9/95)—Text 12
PROJECT I.D. NUMBER 617.20 SEQR
Appendix C
State Environmental Quality Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Only
PART I—PROJECT INFORMATION (To be completed by Applicant or Project sponsor)
1. APPLICANT/SPONSOR _ 2. PROJECT NAME
f 61A)r �D4r�� login 5a - Lvw Va1r^w.e_ (Zo4I toC4�( 1-4 W
3. PROJECT LOCATION:
Municipality —DA-0 L•/ County TtnIA,pI�N ll 5
4. PRECISE LOCATION(Street address and road intersections, prominent landmarks, etc.,or provide map)
,..) /4 ° A-0 cg(.4 T D i.A.) ,i (A.) 1 v G-
5. IS POSED ACTION: _
ew ❑Expansion ❑Modification/alteration pV
6. DESCRIBE PROJECT
A LOCAL LAW IN RELATION TO TH CLASSIFICATION OF LOW VOLUME RURAL
TOWN ROADS; THE ESTABLISHMEN. MAINTENANCE.. AND REHABILITATION
GUIDELINES FOR SUCH ROAIAND THE PROCEDURE TO BE FOLLOWED TO
DESIGNATE PARTICULAR ROADS ACCORDING TO CLASSIFICATION
7. AMOUNT OF LAND AFFECTED: ^ \J
Initially acres Ultimately acres �1 � L'��U w("D /
8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS?
'Yes ❑No If No,describe briefly
9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? N /1
❑Residential ❑Industrial ❑Commercial ❑Agriculture /
Describe: g Park/Forest/Opan space ❑Other
10. DOES ACTION INVOLVE A PERMIT APPROVAL OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY(FEEDERAL,
STATE OR LOCAL)?
❑Yes gNo ff yes, list agency(s) and permit/approvals
11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL?CCC
❑Yes }FNo If yes, list agency name and permlUapproval ,
12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REOUIRE MODIFICATION?
❑Yes ❑No 14.ek •
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE '
Applicant/sponsor name: ' L l t A 0 Tovi S V t5 4 o
Date: d
Signature: Ad / --
-11.
If the action Is in the Coastal Area, and you are a state agency, complete the
Coastal Assessment Form before proceeding with this assessment
OVER
1
•
s �
PART II—ENVIRONMENTAL ASSESSMENT (To be completed by Agency)
A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.47 If yes, coordinate the review process and use the FULL EAF.
Yes ❑No
•
B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR,PART 617.6? II No.a negative declaration
may be superseded by another involved agency.
❑Yes ID No
C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible)
C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic patterns, solid waste production or disposal,
potential for erosion,drainage or flooding problems? Explain briefly: _
C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly:
C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitat , or hrealened or dangere••ecies? Explain briefly:
C4. A community's existing plans or goals as olficialfy adopted,or a change in use or Intensity of use of land or other natural resources?Explain briefly.
CS. Growth, subsequent development, or related activities likely to be Induced by the proposed action? Explain briefly.
C6. Long term, short term, cumulative, or other effects not identified in C1-05? Explain briefly.
C7. Other impacts (Including changes in use of either quantity or type of energy)? Explain briefly.
D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CEA?
• ❑yes ❑No
E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS?
❑Yes ❑No If Yes, explain briefly
PART III—DETERMINATION OF SIGNIFICANCE (To be completed by Agency)
INSTRUCTIONS: For each adverse effect identified above,determine whether it is substantial,large,important or otherwise significant.
Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d)
irreversibility; (e) geographic scope; and (1) magnitude. If necessary, add attachments or reference supporting materials. Ensure that
explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If
question D of Part II was checked yes, the determination and significance must evaluate the potential impact of the proposed action
on the environmental characteristics of the CEA.
•
❑ Check this box if you have identified one or more potentially large or significant adverse impacts which MAY
occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration.
❑ Check this box if you have determined,. based on the information and analysis above and any supporting
documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts
AND provide on attachments as necessary, the reasons supporting this determination:
—PIA) cP 4 .DA Yve 1 lit 4 GLrZ
� •
1 Name oI lead Agency
L z S am✓ S of- •
Prrnt or Type tie o••n sible Ofi■cer in LeaJ Agency .. Title or Responsible Oitrcer
3)Si°1
Signature o Responsible Othcer in Lr,d Agency "'� �
Signature of Preporer(lr different Irom responsible onicer)
Dale
2
PART II —ENVIRONMENTAL ASSESSMENT—ATTACHMENT
(Refer to Questions on Part II form)
A. No. Action is Unlisted.
B. No. The Town Board is Lead Agency and there are no other, involved, agencies. The
Tompkins County Department of Planning is an interested agency related to General
Municipal Law 239-land—m review, and is being notified of this action.
Cl. This action would not have a significant impact on any of these features, because the law
sets forth low volume rural road classification, maintenance and rehabilitation guidelines, and a
procedure for the designation of particular roads according to classification. There is no direct
physical development related to this action.
C2. As in Cl.
C3. As in Cl.
C4. The proposed local law appears to be consistent with enunciated and implied
community plans and goals, including the 1989 Comprehensive Plan, which describes that new
development should be encouraged to locate along and near existing roads (particularly along
natural lines of easy transportation)or in small clusters on new, generally short roads.
C5. As described in the local law, there would be beneficial impacts with the establishment of
guidelines for the rehabilitation and repair of low volume, rural roads where at present there are
no such guidelines; and potential cost savings in that the Town could focus its expenditures on the
more heavily travelled roads.
The roads that would be classified as low volume rural roads would be so classified
according to their use. It is expected that, with such initial classification, there would be very
little change from current road uses.
C6. As in C5. In addition, the Town would have more ability than at present related to
determining where growth and development should occur.
C7. Not expected for reasons stated above.
D. No. There are no CEA's (Critical Environmental Areas) in the Town.
E. No controversy related to potential adverse environmental impacts is known or expected at
this time.
PART DI—DETERMINATION OF SIGNIFICANCE
A negative determination of environmental significance is recommended for this action.
The local law would have no direct physical impact. Subsequent classification of particular roads
as low volume rural roads would be subject to specific environmental review, and it is likely that
there would be no significant changes from current road use and maintenance. Beneficial impacts
would occur related to road maintenance programming and land use planning.
Susan C. Beeners, Reviewer for Town of Danby Town Board
August 5, 2002 ,
Oar64,/
ir1,4TOWN OF DANBY
PROPOSED LOCAL LAW
A LOCAL LAW IN RELATION TO THE CLASSIFICATION OF LOW VOLUME RURAL
TOWN ROADS; THE ESTABLISHMENTOF MAINTENANCE AND REHABILITATION
GUIDELINES FOR SUCH ROADS AND THE PROCEDURE TO BE-FOLLOWED TO
DESIGNATE PARTICULAR ROADS ACCORDING TO CLASSIFICATION
SECTION 1 - LEGISLATIVE PURPOSE
The Town of Danby hereby enacts this local law 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 uses thereof. While there are
generally accepted standards for the design, maintenance and rehabilitation of high volume roads,
there are no such comparable stands for roads located in rural areas 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 local law is enacted.
SECTION 2 - LEGISLATIVE FINDINGS
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 Governors 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 tow
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
DAFT
Proposed Local Law
Low Volume Roads
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 heir 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.
SECTION 3 - CLASSIFICATION OF HIGHWAYS
The Town Superintendent f Highways, in the event he (or she) finds it to be in the best interest of the
town, may classify one or more roads or portions thereof as one the following types of roads, low
volume collector; residential access; farm access; resource/industrial access, agricultural land access;
recreation land access or minimum maintenance road. However, no road shall be finally determined
to be 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 definition of such
type of road as set forth in Section Ten of this local law. Upon the classification of any road or
portion thereof by the Town Superintendent of Highways 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 of Highways which shall contain the information upon which the 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 the
designation of a minimum maintenance road shall be by local law as provided in Section Four of this
local law. Upon the adoption of such resolution, the road or portion thereof shall be classified as
determined by the Town Superintendent of Highways and such Town Superintendent of Highways
shall take into consideration the guidelines for maintaining such road or portion thereof as set forth
in Section Ten of this local law.
SECTION 4 - MINIMUM MAINTENANCE DESIGNATION
Notwithstanding the provisions of Section Three of this local law no road or portion thereof shall be
rtD.
3 Proposed Local Law
Low Volume Roads
designated as a minimum maintenance road except after following the procedure set forth in Sections
Four through Six, 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.
?. 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 ten 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.
4. No local law designating a minimum maintenance road shall be effective until signs pursuant
to sections Six and Eleven of this local law are first posted advising the public that such road
is a minimum maintenance road.
5. 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 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 Section Ten of this local law; and
DllAFT cnr
4 Proposed Local Law
Low Volume Roads
e. a determination that such road, or portion thereof, does not constitute access
to a year-around residence.
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.
SECTION 5 - SCHOOL BOARD REVIEW
A copy of the findings in Section Four shall also be sent to the Board of Education of the School
District in which each road or road segment is located. Such School Board shall review the findings
and within forty-five days file with the Town Clerk a resolution recommending such road designation
or,in the event such designation is not recommended,the School Board shall set forth in a resolutions
for not recommending such designation. The Town Board may, by resolution, accept, accept in part
or reject the recommendations of the School Board prior to any vote upon the proposed local law.
In the event the School Board 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.
SECTION 6 - POSTING OF SIGNS
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.
SECTION 7 - MINIMUM MAINTENANCE PRACTICES
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 subject to
the funds for such maintenance being made available by the Town Board. 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 Superintendent of Highways. The guidelines for the method and manner of maintaining a
minimum maintenance road are set forth in Section Ten of this local law.
SECTION 8 - DISCONTINUANCE OF MINIMUM MAINTENANCE DESIGNATION
Any person or persons owning or occupying real property abutting a road or portion thereof which
DRAFT
5 Proposed Local Law
Low Volume Roads
has been designated minimum maintenance road may petition the Town Board to discontinue the
designation of such rad or portion thereof as a minimum maintenance road: Such petition shall be
filed with the Town Clerk. 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 thirty days after receipt and at least ten days
public notice shall be given prior to the conduct of such public hearing. At least ten days before the
public hearing on such petition,written notice of such public hearing shall be served by certified mal
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.
SECTION 9 - DISCONTINUANCE IN THE PUBLIC INTEREST
Notwithstanding the provisions of Section Eight of this local law 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.
SECTION 10- GUIDELINES FOR CLASSIFICATION,
DESIGN, MAINTENANCE, AND OPERATION
The following tables accompanying data shall be used as guides by the Town Superintendent of
Highways to classify low volume roads in the Town of Danby and shall be used to enable the Town
Superintendent of Highways to determine the guidelines be followed to enable him to determine the
manner in which low volume rural roads may be designed, maintained, and operated.
Classification for Low Volume Rural Roads and
Guidelines for Design. Maintenance and Operation
The following classifications have been developed to establish a close relationship between the uses
of low volume rural roads and their design,maintenance and operation and are hereby adopted by the
Town of Danby. The classifications identify the significant use characteristics, including traffic
volumes,rural roads. Guidelines for the design,maintenance and traffic control have been developed
that are closely matched to these use characteristics. Such guidelines shall be used by the Town
Superintendent of Highways.
A ;7:T
6 Proposed Local Law
Low Volume Roads
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 rural road serves.
A low volume rural road is a road with zero to 400 vehicles per day.
Low volume Rural Road Classification in the Town of Danby
* Low Volume Collector--collects traffic from any of the other classifications and channels it
to higher level roads, such as arterials and interstates.
* 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.
* Farm Access--provides access to a farm's center or operations including the residence.
Traffic volume is generally low, but may include occasional heavy trucks and significant
numbers of employees' cars.
* 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.
* 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.
* Minimum Maintenance Road--a low-volume rural road or road segment which may be of
a seasonal nature, having an average traffic volume of less than fifty 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
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 at the time designation as a minimum maintenance road is being considered.
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.
Vehicle interaction characteristics shall be considered by the Town superintendent of Highways as
7 Proposed Local Law
Low Volume Roads
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 50 vehicle per day
threshold is used because, at fewer than 50 vehicles per day, vehicle interactions become s infrequent
that the effect on vehicle operation is negligible.
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.
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).
•
•
• TAB 1.r 1
KUKAL LOW VOLUME ROAD CLLSSIFICATION
f':: ROAD sJj z?ZI3�T�INE j ,_�
Road Classification Vehicle Type ADT(1) Rehabilitation Maintenance Traffic
Design Type Control
1. i.nw Volume Collector All verities 50-400 A Normal MUTCD(2)
<50 B
2. Residential Access Cars, 50400 B Normal MI.tTCD
emergency and <50 C Normal MUTCD
service vehicles
3. Farm Access Cars, light 250-4UU A Normal MLTCD
tricks, <250 B Normal MUTCD
occasional
hczvy trucks,
farm
equipment
4. Resource/Industrial Truck g 50-44;0 A Normal MUTCD
Access employees cars <50 S Normal MUTCD
3. Agricultural Land Occasional - C Min. Maint. MUTCD
Act:es farm
equipment
seasonal
6. Recreeitionel Land Cars, R.V'a 54-400 B Normal MUTCD
Access Seasonal <50 C Min. Maint. MUTCD
—
Note:
fi' Average Daily Traffic
r2'"Manual of Llnifor n Traffic Control Devices" Sup7.71.ernentecl by "Traffic Sign 1-landl?oak fvr Low Volume
Roads" New York State Dert nett of Transportation Traffic and Safety Division,June 1985.
7
• TABLE 2
DESIGN GUIDELINES FOR ROAD REHABILITATION BY ROAD TYPE
,‘,..: ':T�: nif:n i :l
Z act: Area:Se ice Ytf Ar2 �rv'< � " p► ,ati, T.. 4a-
u t , :2 +a
Ji P �
' Minimum Width 18 feet11) 16 feet" 10 feetc73
Traveled Way
Shoulder i 2 feet 2 feet
Opposing All vehicles pass with 1. Trucks cannot meet All vehicles require special
Vehicle no speed reductions without reducing speed. widening for passing.
Iute:actions 2. Cars cannot meet
trucks without reducing
speed.
3. Cars pass with almost
no: 3l sped.
Operating 45 rnph or grc=ter 25 mph to 45 mph 40 mph or less
Speedc3) I
' Typical Surface Asphaltic Concete Asphaltic Concrete Usually unsurfaced
Materialm ADT>i 50 ADT>1
Aggregate ADT<150 Agg-reg to ADT<150
ISurface No auveise effect on May cause reduction in I Reduced operating speed
Condition operating speed operating speed
•
1 Add 2ft. to the traveled way if significant trick traffic is present.
2 If farm vehicles are present, maintain 20 feat horizontal cl arzr,ce. Widening of traveled way should be provided
approximately WOO foot inter oats to lllow vehicles to pass.
3 Applicable to nor m.:21 rrainter..ance roads.
l AD? thrirolds recommended 'cased on economic analysis, "Eccno . Et2r.luafion of Pavement Design for Law Vol':
Rae's," Procacdings of the Third International Low Vn1uir-e Road Conference 1983, Cornell University.
•
8
ABLE 3
CROSS SLOFE DRAINAGE CRITERIA, BY SU"rcr`ACE TYPE
Surface Type Range in Cross Slope
High (asphalt, etc.) 1.551-2_0%
Intermediate (surface treated) 1.5%-3.0O
Low (unpaved) 2..0 70-6.0%
•
Clear Zone--The width of tho roadside area that should be sh3clied for possible hazard
mitigation measures varies with the operating speed, t-affic level and degree of curvature
of the road. Desirable clear zones ale indicated below. (Clear zone is measured from the
edge of the traveled way.)
Type A Road—a 10-foot clear zone is desirable.
Type B Road—a 2-foot to 5-foot dear zone iA desirahle; a 13-foot clear zone on the
outside of sharp curves and on curves at the bottom of long grades is desirable.
Type C Road--a 2-foot clear zone is desirable; a wider clear zone on the outside of sharp
curves is suggested. On minirnur maintenance roads a clear zone may not be provided.
Hazard mitigation measures to be considered include:
•
- Improved delineation of the road including edgelines, delineators and reflectors.
- Cuider ail •
- Berms and earth work
- Drai;t:ge modifications
• RemovaI of the hazard
Property owners should recognize the legal right of local government to remove fixed objects within
the right of way of the road.
Guiderail— New York State Department of Transportation Guiderail and Fridge rail
designs are intended for high volume, high spud highways and arc oft on
too expensive for•many low volume road applications. Alternative deigns
that are less •xpensive and adequately tested to assure performance may
be used on low volume rural roads.
Sourcz: AAS -frO Policy for Geometric Design of Higir..xvs and Streets,
9
•
. TABLE 4
MAINTNANCE ACTIVITIES FOR RURAL LOW VOLUME ACTIVITIES
AND MINIMUM MAINTENANCE TOWN ROADS
•
Actiti-ity I No:mal Maintenance Roads I Mi:.imum
}� Maintenance Roads
Crack Sealing A nrsary Mar. in in manner determined by fawn
Patching and Potholes
On demand hig:*�way superir�t�r�dent consistent with
5urtace Seals As necessary voiu tic =Id type of t-2.1.1 and in the
i nin Overlays As,ne sary
manner s�fed in soon se�� of this
Snow Removal Roads kept dear
ec local law.
Shoulder Maintenance Grading cleaning
Blading Re:jIar Infrequent
Cleaning As necessary I Mainmin in '
mariner clek,._.r.....,1ti_.i by town
Mows Control Site Regular D _ ,. highway superintendent consistent with
Wince .riaintained volume and type of t:aaffic and Li the
Guide Rail Main; Recillar manner sated in secfion seven of this
Drainage:
J -StruCrlr2 loci Iaw.
As necessary
II -Ditches Positive drainage rraintained
Slopes Repair failures
I w r
'*' L n
_r f Clearing
Lubrica dun
Paincng As necessary to preserve grid!
A s r ec::sary hi pre Eve bridge_
As nerossary to preserve bridge Mainbi in rarin determined by
bwn
i6liway superinttradent cansi.stKit with
volume and type of traffic and Li the
Deck As necessary to preserve brid
Drainage � manner stated in �cn seven of this
As necessary to preserve bridge local law.
IL igns MLTCD to MUTCD i)
1 l
Note:
'1J MUTCD is f.e Mcr,::cl cj Unifbr771 T Ific Crnirol
•
10
t K —ten
8 Proposed Local Law
Low Volume Roads
Surface Maintenance
Crack Sealing - manually pouring hot asphalt, with or without a fiber reinforcement material, into
road surface cracks that have first been cleaned of all loose debris, vegetation, etc. The cracks may
occur at construction joints, utility cuts, or just be random due to the effects of time, weather, loads,
etc. Crack sealing has been found to be a very cost-effective measure, because it prevents the entry
of water into the base course and sub-grade. By blocking the entry of water, crack sealing indirectly
strengthens the load supporting capability of the road.
Patching and Potholes - placement and compaction of asphalt concrete into surface defects, such
as potholes, which have first been cut back to sound material and cleaned or loose debris, water, etc.
While a certain amount of this work will have to be done on an emergency basis during inclement
weather to provide a safe road, expedient patches should be replaced with permanent patches using
proper methods and materials when conditions are favorable. Extensive patching and potholes in an
indication that a pavement has reached the end of its functional life,and the road should be scheduled
for rehabilitation in accordance with the guidelines set forth in this local law.
Surface Seals -also known as "chip seals,"this method involves spraying a rapid-setting emulsified
asphalt onto the road surface, followed immediately by the placement of a single layer of clean,
crushed stone particles. A pneumatic, rubber-tired compactor is used to press the stones into the
asphalt before the emulsion sets up. Chip sealing is used where the surface cracking is more
extensive,while manual crack sealing is used where the cracking is less extensive. Chip sealing may
also be used to enhance skid resistance on slippery road. Where water entry is prevented by the
surface seal, some strengthening of the road will result.
Thin Overlays - while "thin" is a relative term, it is used here to refer to hot-mix or cold-mix
overlays having a thickness of 1-1/2 inches or less. This method adds more to the structural
capability of the pavement than does a chip seal. However, it performs much the same function as
a chip seal although it can be expected to have a more lasting effect. When a thin overlay is placed
on a paved road, it is customary to use a tack coat to promote a bond between the old surface and
the overlay. According to the Asphalt Institute, the tack coat should be sprayed from a distributor,
allowing adequate time for it to become "tacky" before paving. Traffic should be kept off the tacked
area before paving. They recommend using SS-1 or a CSS-1 asphalt emulsion diluted 50-50 with
after, and applied at a rate of 0.05 to 0.15 gallons per square yard. Application of tack coat at higher
rates should be avoided, as this can lead to slippage of the overlay or "bleeding" and loss of skid
resistance on the surface of the overlay.
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9 Proposed Local Law
Low Volume Roads
Snow Removal - snow and ice control are performed to foster safety and to expedite travel during
the winter months. Blading of snow is done to remove it from the roadway to prevent the buildup
of ice. Abrasives (sand, usually mixed with salt) are used to enhance traffic ability during a storm or
immediately afterward when a thin layer of ice or snow remains on the road. Salt is used to lower
the melting temperature of the ice, and to diminish the bond of the ice on the road surface.
Shoulder Maintenance' - activities may differ depending on whether the shoulder is paved or
unpaved. The objective is to keep the surface smooth so that moving vehicles can leave the main
roadway safely, and also to assure that water from the road will move across the shoulder and into
the ditch or gutter. It is particularly important to remove the accumulated winter maintenance
abrasives from the shoulders to prevent the retention of water near the edge of the pavement.
Blading- for aggregate roads and unpaved shoulders, blading removes potholes, corrugations, and
other surface defects, rendering the surface smoother and safer to travel on. Blading is usually
preceded by scarification to a depth slightly deeper than the deepest surface defects. Blading should
be used to establish a cross-slope of 4 to 6 percent (1/2 to 3/4 inch per foot) for goo drainage and to
reduce the development of potholes in the aggregate surface.
Regraveling - the addition of aggregate materials to re-establish the crown and grade of the road.
This activity is commonly done at the same time as blading, but less frequently. The new aggregate
is needed periodically to make up for materials that have been lost due to traffic, water erosion,
dusting, and blading losses.
Dust Palliation - application of water, calcium chloride, sodium chloride (salt), lignin sulfonate, or
other nontoxic chemicals to bind the surface and prevent loss of dust. Dust loss leads to the gradual
erosion of the road surface, reducing its thickness and load supporting capability. Dust can make
summertime travel hazardous when traffic volumes are sufficient to require passing maneuvers.
Sometimes the use of dust palliatives will reduce the need for blading and regraveling to a sufficient
degree to be highly cost effective.
Roadside Maintenance
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Cleaning-picking up litter and other roadside debris, principally for aesthetic reasons, but also to
protect the flow capacity of culverts and ditches.
Mowing - cutting grass and weeds. This is particularly important near driveways and intersections,
to provide a clear line of sight for traffic.
Brush Control - cutting woody shrubs to prevent encroachment onto the right-of-way. This is
important to provide adequate sight distance, particularly around the inside of curves, and at
driveways and intersections.
10 Proposed Local Law
Low Volume Roads
Guiderail Maintenance - replacement of damaged, ineffective guiderail. This may also involve use
of herbicides to retard the growth of weeds and shrubs in front of and iminediately behind the
guiderail.
Drainage - cleaning debris from the inlets and outlets around culverts, and cleaning ditches to
maintain flow capacity. When possible, ditches should be cleaned in the late spring of the year, so
that vegetation will be quickly re-established to protect against erosion. At other times, reseeding
may be necessary for erosion protection.
Slope Maintenance - remove landslide debris, cut and remove trees from fill slopes,protect against
erosion due to runoff from the road surface or ditches, seed slopes to retard erosion.
Bridges
Bridge Maintenance - cleaning of drainage scuppers, lubrication of pins and bearings, painting of
beams and railings, cleaning and patching of deck surface defects, removal of winter maintenance
abrasive and salt residues, protection of bridge abutments against scour and erosion, inspection of
abutments, clearance of the waterway to maintain flow capacity.
Signs
Sign Maintenance - clearance of shrubs and trees obstructing visibility, replacement of damaged
signs, verification that signs are used and placed in accordance with the Manual on Uniform Traffic
Control Devices (MUTCD).
SECTION 11 - GUIDELINES FOR TRAFFIC CONTROL
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.
Signs on Rural Low Volume Roads
The Town Superintendent of Highways 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 rural 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.
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1 1 Proposed Local Law
Low Volume Roads
When the Town Superintendent of Highways 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.
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 is 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
rural 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 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.
Signs on Designated Minimum Maintenance Roads
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.
Installation of signs -Minimum maintenance road signs shall be installed at each end of a 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.
SECTION 12 - BUDGETARY LIMITS
The classification of roadways pursuant to this local law and the establishment of guidelines for
maintenance and traffic control are set forth in an effort to assist the Town Superintendent of
Highways in allocating highway maintenance and traffic control resources. Nothing in this local law
is intended to require or permit the expenditure of funds by the Town Superintendent of Highways
or other officers of the Town that are not included in a duly adopted budget and appropriated for
such purposes by the Town Board. If those resources are inadequate to perform all of the
maintenance that may be desirable pursuant to the terms of this local law and other laws governing
the maintenance of town highways, the Town Superintendent of Highways is empowered to allocate
those resources as such superintendent deems appropriate, to the extent possible honoring the
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Low Volume Roads
priorities established by this law. Nothing in this local law is intended to impose an absolute
obligation on the Town or the Town Superintendent of Highways to perform all of the maintenance
items and/or traffic control items set forth in this law.
SECTION 13 - EFFECTIVE DATE
This local law shall take effect immediately upon its filing in the Office of the Secretary of State in
accordance with provisions of Section 27 of the Municipal Home Rule Law.