1. Non-Emergency Maintenance of Private Roads Prohibited.
Except in an emergency, the Town Superintendent of Highways shall not perform or direct the performance of any maintenance of snowplowing on a private road.
2. Emergency.
A Private Road Emergency may be declared for a private road if heavy snow, flooding, severe deterioration of road surfaces, an accident or other unforseen weather or road surface conditions result in a serious threat to public health or safety. The necessity for routine plowing, grading or maintenance shall not be considered an emergency.
3. Declaration by the Town Board.
A Private Road Emergency may be declared by resolution of the Town Board, either on its own initiative or on the petition of a Town Resident or property owner or a Federal, State or County government officer. Such a petition shall be filed with the Town Clerk.
4. Declaration by Other Officials.
If the emergency is so severe that it would not be possible to wait for a meeting of the Town Board to consider making such a declaration, any one of the following officials may declare a Private Road Emergency :
a. Town Supervisor, or, in his absence, the Deputy Town Supervisor.
b. Town Superintedent of Highways.
c. Wayne County Sheriff.
d. Wayne County Superintendent of Highways.
e. Fire Chief of the Fire Department in which the private road is located.
Such a declaration may later be rescinded by resolution of the Town Board.
5. Content of Declaration.
A Declaration of Private Road Emergency shall specify the private road it applies to and the reason for the emergency. It may also suggest the appropriate remedy. It shall be signed by the official declaring the emergency, except that a Declaration made by the Town Board shall be signed by either the Town Clerk or any Board Member. If the Town Board rescinds a Private Road Emergency, a Declaration of Recission of Private Road Emergency shall be prepared in similar form, and shall specify the private road it applies to.
6. Filing.
The Declaration of Private Road Emergency shall be filed with the Town Clerk, and a copy shall be filed with the Town Superintendent of Highways. Upon recission of a Private Road Emergency by the Town Board, a Declaration of Recission of Private Road Emergency shall be filed with the Town Board and Town Superintendent of Highways.
7. Action by Town Highway Superintendent.
Upon receipt of a Declartion of a Private Road Emergency, the Town Superintendent of Highways shall take whatever action he deems necessary to alleviate the emergency, including snowplowing, grading or other emergency maintenance. In the event of multiple emergencies, life threatening emergencies shall receive priority. Upon elimination or abatement of the emergency, unless the declaration has been rescinded by the Town Board, the Town Superintendent of Highways shall sign and file a certificate with the Town Clerk indicating that the emergency no longer exists.
This local law shall take effect immediately upon filing with the Secretary of State.
