A.Â
Title. This chapter shall be known as the "Highways and Private Roads
Law of the Town of Milo," hereinafter referred to as "this chapter."
B.Â
Scope. This chapter shall apply to all Town highways and private
roads as well as driveways and sidewalks that connect to Town highways
that are located in the Town of Milo, New York, which are outside
the limits of the Village of Penn Yan.
C.Â
Purpose. The purpose of this chapter is to:
(1)Â
Promote the public health, safety and general welfare through establishment
of minimum specifications for the design and construction of Town
highways and private roads as well as driveways and sidewalks that
connect, to Town highways.
(2)Â
Establish minimum requirements for a road to qualify for Town acceptance
(dedication).
(3)Â
Establish minimum requirements for the preservation and protection
of Town highways from high-frequency, high-impact traffic.
D.Â
Authority. This chapter is adopted pursuant to the authority granted
to the Town of Milo, New York in § 10 of the Municipal Home
Rule Law of the State of New York.
As used in this chapter, the following terms shall have the
meanings indicated:
American Association of State Highway and Transportation
Officials.
The graded portions of a highway within top and side slopes,
prepared as a foundation for the HMA and shoulders.
Shall have the meaning set forth at § 100-d of
the Vehicle and Traffic Law of the State of New York.
An owner engaging in building, land or site development as
well as resource exploration and extraction.
Acceptable to the authority having jurisdiction.
American Water Works Association.
The individual, firm, or corporation undertaking the execution
of the work under the terms of the contract and acting directly or
through his, her, their, or its agents or employees.
Yates County, New York.
The Superintendent of Highways of the County.
The number of years from the initial application of traffic
until the first planned major resurfacing or overlay. This term should
not be confused with pavement life or analysis period.
Shall have the meaning set forth at Subdivision 11 of § 301
of the Agriculture and Markets Law of the State of New York.
United States Department of Transportation, Federal Highway
Administration.
The chief officer of the fire department serving the jurisdiction,
or a duly authorized representative.
The governmental or other organization that is responsible
for providing fire protection and other emergency services to an area.
Traffic to and from a single project site that generates
more than 10 truck trips per day for more than four consecutive days,
involving trucks that exceed 20 tons, which is truck and load combined,
that could impact Town highways.
The entire width, which is between the bounded lines of a
right-of-way, that is publicly maintained and open to the use of the
public for purposes of vehicular travel. For the purposes of this
chapter, this term shall be deemed to include necessary sluices, drains,
ditches, waterways, embankments, retaining walls and culverts having
a width of opening of 20 feet or less except as provided in § 230
of the Highway Law of the State of New York, and also the approaches
of any bridge or culvert beginning at the back of the abutments. The
pavement over any such bridge or culvert may also be included as a
part of the highway provided such pavement is separated from such
structure by an earth fill.
Hot mixed asphalt.
A land surveyor licensed or otherwise authorized to practice
surveying under Article 145 and registered or otherwise authorized
under Article 130 of the Education Law of the State of New York.
Lands designated as a separate lot on a plat or deed recorded
in the Office of the County Clerk.
This term consists of the Manual on Uniform Traffic Control
Devices for Streets and Highways, which is approved by the FHWA, and
the New York State Supplement to the National Manual on Uniform Traffic
Control Devices for Streets and Highways. These documents prescribe
standards for the design, location, use, and operation of traffic
control devices.
National Fire Protection Association.
A sign that is either not contained in the MUTCD and the
New York State Supplement to the MUTCD, and is not required by the
MUTCD and the New York State Supplement to the MUTCD. This sign group
contains signs such as but not limited to Town zoning law signs, watershed
districts and local associations. They are not considered to be regulatory,
warning or guide/informational signs.
New York State Department of Environmental Conservation.
New York State Department of Health.
New York State Department of Transportation.
The New York State Department of Transportation's Standard
Specifications, which is amended from time to time.
An owner shall mean any person, agent, operator, firm or
corporation having a legal or equitable interest in the lot of record
as recorded in the official records of County as holding title to
said lot.
The official drawings and applicable standard sheets, which
show the location, character, dimensions and details of the work to
performed.
A privately owned and maintained road allowing access to
more than one lot of record.
A professional engineer licensed or otherwise authorized
to practice engineering under Article 145 and registered or otherwise
authorized under Article 130 of the Education Law of the State of
New York.
A general term denoting land, property or interest therein,
usually in a strip, acquired for or devoted to a highway.
That portion of a highway included between the top of the
slope in cut and the bottom of slope in fill.
The portion of a highway included between the outside edges
of the shoulders.
The portion of the roadway contiguous with the traveled way
for accommodation of stopped vehicles, for emergency use, and for
lateral support of base and surface courses.
The portion of a highway or private road that is intended
for the use of pedestrians and is located between the curblines or
the lateral lines of a roadway and the front lot line of a contiguous
lot of record.
Any item that is located on a Town highway for longer than
a twenty-four-hour period.
Town of Milo, New York.
The Town Attorney of the Town.
The Town Board of the Town.
The Town Clerk of the Town.
Any professional engineer and/or a firm, which either shall
be employed by the Town, that practices professional engineering and
management work relating to the design and construction of municipal
infrastructure projects, management of capital programs and all other
related work as may be required by the Town.
Town highways are those constructed, improved or maintained
by the Town with the aid of the State of New York or Yates County,
under the provisions of the Highway Law of the State of New York,
that are outside of the Village of Penn Yan, New York.
The Superintendent of Highways of the Town.
A sign, signal, marking, or other device used to regulate,
warn, or guide traffic, placed on, over, or adjacent to a highway
open to public travel, pedestrian facility, or shared-use path by
authority of a public agency or official having jurisdiction, or,
in the case of a private road open to public travel, by authority
of the private owner or private official having jurisdiction.
The portion of the roadway for the movement of vehicles,
exclusive of the shoulders.
The New York State Uniform Fire Prevention and Building Code,
as currently in effect and as hereafter amended from time to time.
All vehicles designed for use in air and/or on roads, off-roads
or waterways, including but not limited to aircraft, automobiles,
boats, buses, bicycles, trailers, tractors, marine vessels, motor
homes, travel trailers, campers, motorcycles, mini-bicycles, all-terrain
vehicles, recreational vehicles and snowmobiles.
