Public Hearing May 28 2015

Public Hearing for Proposed Local Law #2-2015 ATV Law of the Ohio Town Board was held on Thursday, May 28, 2015 at 7:00 PM at the Recreation Building

 

The following Officials were present:

Supervisor: Scott Bagetis

Town Clerk: Sandra Gates

Councilmembers: George Lawson, Ed Luther, Jason Maher and Gordon Roark

Highway Superintendent: Jim Nightingale

Also present: Attorney Karen Mowers, Codes Enforcement Officer Jeff Greene and many Town residents

 

The meeting was called to order by Supervisor Bagetis at 7:00 PM.

 

Pledge of Allegiance was said by all.

 

Supervisor Bagetis read the Proposed Local ATV Law #2-2015 the opening of Town roads to ATV’s.

TOWN OF OHIO

Local Law No. 2 of 2015

SECTION I. Short title and applicability.

This local law shall be known and may be cited as “A Local Law Permitting and Regulating All-Terrain Vehicle Operations On Certain Public Roads of the Town of Ohio.”

 

SECTION II. Purpose.

It is the purpose of this Local Law to designate certain highways or portions thereof within the Town of Ohio Highway system as being open for travel by all-terrain vehicles pursuant to authority granted in Section 2405 of the Vehicle and Traffic Law of the State of New York.

 

SECTION III. Authority.

This Local Law is adopted pursuant to Article 48-C, Section 2405 of the Vehicle and Traffic Law of the State of New York.

 

SECTION IV. Definitions.

The terms, words and phrases herein used shall have the same meaning as such terms, words and phrases defined in Section 2401 of the Vehicle and Traffic Law of the State of New York.

Town: The Town of Ohio, New York

 

SECTION V. Findings

  1. The Town Board, Town Supervisor and Highway Superintendent have reviewed all roads designated in this local law and found the opening of the designated roads and portions thereof to ATV use and travel is necessary in order for ATV’s to gain access to areas and or trails adjacent thereto which would otherwise be impossible to access without the use of such town highways.

b. The Town Board has carefully reviewed Memoranda from the Town Attorney detailing the legal obligations of the Board when considering opening a town highway or portion thereof to ATV use.

c. The Town Supervisor and Town Highway Superintendent have made on-site visits to all designated roads to inspect the road surface, shoulder and surrounding areas, check appropriateness of designation, make measurements, and study potential environmental impacts and safety concerns of each designation.

d. The Town Board has conducted a review of the potential adverse impacts the opening of the now designated roads may have, consistent with Article 8 of the Environmental Conservation Law of the State of New York, as amended, and Title 6, Part 617 of the New York Codes, Rules and Regulations (“NYCRR”) implementing Article 8 (collectively referred to hereinafter as “SEQRA”) and after an investigation and analysis conducted by the Town Board, has found and determined that opening the designated roads or portions thereof to ATV travel will not result in a significant environmental impact.

e. The Town Superintendent has reviewed the roads or portions thereof that are designated to be opened to ATV travel and has provided the Board with his opinion that such roads or portions thereof are presently opened to all classes of motor vehicle traffic and that opening said roads or portions thereof to ATV travel will not significantly impact traffic safety or road conditions at those localities.

f. The Town Board finds that promoting opportunities for recreational use of ATV’s and the regulation of same is in the public benefit, will stimulate the local economy and will offer enjoyment to the citizens of the Town.

 

SECTION VI. Designated Roads.

The following Town roads or the indicated portions thereof are hereby designated as open to travel by all-terrain vehicles; the Town Board of the Town of Ohio having specifically determined that it is otherwise impossible for all-terrain vehicles to gain access to areas or trails adjacent to said designated roads other than by the use of such designated roads. Only the following Town roads are hereby designated for the purpose of the operation of all-terrain vehicles as authorized by Section 2405 of the Vehicle and Traffic Law, Article 48-C:

a. Harvey Bridge RoadRoad segment 1approximately 1,087 feet in length connecting ATV trail on south corner of lot 11 and ATV trail on north corner of lot 08 of tax map 073.004. Road segment 2 approximately 180 feet in length connecting ATV trail at southwest corner of lot 20 of tax map 073.000 and northeast corner of lot 44 of tax map 073.003.

 

b. Snyder RoadRoad segment 1approximately 1,936 feet in length connecting ATV trail at intersection of Snyder and Ohio City Road, at lot 02.2 of tax map 078.002, and ATV trail at north end of lot 03 of tax map 078.004.

 

c. Dagankolb RoadRoad segment 1approximately 1,110 feet in length connecting ATV trail at intersection of Crab Rd. and Conway Rd., at east end of lot 01 and ATV trail on west end of lot 07, both of tax map 078.003.

 

d. Unclemier RoadRoad segment 1approximately 650 feet in length connecting ATV trail at east end of lot 36 and ATV trail on northwest corner of lot 16, both of tax map 079.001. Road segment 2 approximately 1,386 feet connecting ATV trail on northeast corner of lot 17 and ATV trail on southwest corner of lot 33.3, both of tax map 079.001.

 

e. Christman RoadRoad segment 1approximately 2100 feet in length connecting ATV trail at east end of lot 06 and ATV trail on northwest corner of lot 19.3, both of tax map 079.003. Road segment 2 approximately 370 feet in length connecting ATV trail at northwest corner of lot 11.2 and ATV trail on southwest corner of lot 16, both of tax map 079.003.

 

f. Smith RoadRoad segment 1 approximately 1,575 feet in length connecting ATV trail at intersection of Harvey Bridge Rd. and Kelly Rd., at southeast end of lot 08 and ATV trail at northwest corner of lot 42, both of tax map 073.004. Road segment 2 approximately 800 feet in length connecting ATV trail at southeast end of lot 23.3 and ATV trail at southwest end of lot 04, both of tax map 078.002. Road segment 3 approximately 3,600 feet in length connecting ATV trail at intersection of Smith Rd. and Kohler Rd., at southeast end of lot 43 of 078.002 and ATV trail at southwest end of lot 10, both of tax map 079.001.

 

g. Reese RoadRoad segment 1 approximately 2,365 feet in length connecting ATV trail at intersection of Harvey Bridge Rd. and Reese Rd. on lot 14 of tax map 073.004 and ATV trail at northeast end of lot 76 of tax map 073.003. Road segment 2 approximately 1,203 feet in length connecting ATV trail at the intersection of Cummings Rd. and Reese Rd. on southwest corner of lot 77 of tax map 073.003 and ATV trail at northeast corner of lot 11.9. Road Segment 3 approximately 550 feet in length connecting ATV trail at southeast corner of lot 11.8 and ATV trail at northwest corner of lot 09.6, both of tax map 078.001. Road segment 4 approximately 550 feet in length connecting ATV trail at northwest corner of lot 09.6 and ATV trail at northern corner of lot 09.4, both of tax map 078.001. Road segment 5approximately 800 feet in length connecting ATV trail at northwest corner of lot 09.4 and ATV trail at east corner of lot 11.11, both of tax map 078.001

 

h. Pardeeville-Ohio RoadRoad segment 1 approximately 500 feet in length connecting ATV trail at intersection of Reese Rd. and Pardeeville-Ohio Rd., at east end of lot 11.4 and ATV trail at northwest end of lot 17, both of tax map 078.001. Road segment 2 approximately 1,400 feet in length connecting ATV trail at northeast end of lot 17 of tax map 078.001 and ATV trail at southwest corner of lot 02.2 of tax map 078.002.

 

i. Hooper Dooper RoadRoad segment 1 approximately 400 feet in length connecting ATV trail at north end of lot 58.1 and ATV trail on east corner of lot 39, both of tax map 073.002. Road segment 2 approximately 650 feet in length connecting ATV trail at northwest corner of lot 31 and ATV trail at lot 36, both of tax map 073.002.

 

j. Haskell LaneRoad segment 1 approximately 590 feet in length connecting ATV trail at intersection of Route 8 and Haskell Ln. on lot 58.2 of tax map 073.002 and ATV trail on north end of lot 57 of tax map 074.001.

 

 

k. Haskell RoadRoad segment 1approximately 300 feet in length connecting ATV trail on lot 17 of tax map 071.003 and ATV trail at southeast corner of lot 19 of tax map 070.000. Road segment two approximately 9,910 feet in length connecting ATV trail on northeast corner of lot 19 of tax map 070.000 and ATV trail at southwest corner of lot 06 of tax map 071.000.

 

l. Figert RoadRoad segment 1 approximately 9,000 feet in length connecting ATV trail at northeast corner of lot 42 and ATV trail at southwest corner of lot 03, both of tax map 073.004. Road segment 2 approximately 1,250 feet in length connecting ATV trail at southeast corner of lot 02 of tax map 073.004 and ATV trail at intersection of Figert Rd. and Millwood Hill Rd., at northwest corner of lot 08 of tax map 074.003. Road segment 3 approximately 1,500 feet in length connecting ATV trail at northern corner of lot 08 and ATV trail at west end of lot 04, both of tax map 074.003. Road segment 4 approximately 1,260 feet in length connecting ATV trail at lot 04 and ATV trail at west end of lot 30, both of tax map 074.003. Road segment 5 approximately 650 feet in length connecting ATV trail at northeast corner of lot 30 of tax map 074.003 and ATV trail at southwest corner of lot 09.2 of tax map 074.001.

 

n. Millwood Hill RoadRoad segment 1 approximately 2,610 feet in length connecting ATV trail at northwest corner of lot 08 of tax map 074.003 and ATV trail at southeast corner of lot 17.2 of tax map 073.002. Road segment 2 approximately 1,400 feet in length connecting ATV trail at west corner of lot 12.2 and ATV trail at northeast corner of lot 11, both of tax map 073.002.

 

o. Five Acre LaneRoad segment 1 approximately 1,900 feet in length connecting ATV trail on lot 62 and ATV trail on lot 72.2, both of tax map 073.004.

 

 

Except as provided in the first subdivision of this Section, operation of all-terrain vehicles on any other public roads, parks and places of the Town of Ohio is hereby expressly prohibited.

 

SECTION VII. Conditions and Restrictions

The following rules, conditions and restrictions shall be applicable to all Town roads opened to ATV use pursuant to this local law:

a. The utilization of the designated roads by ATV’s shall be only and solely for the purpose of traveling directly from one public ATV trail or area to another.

b. No person shall operate an ATV on any designated road at any time from October 1st to May 1st, with the exception of Haskell Road. No person shall operate an ATV on Haskell Rd. at any time from December 1st to May 1st.

c. All persons operating an ATV on a designated road shall keep as far right as practicable, except as necessary to gain access to or egress from such areas.

d. No person shall operate an ATV more than one (1) abreast in a single lane on any portion of a designated road.

e. A maximum speed limit of twenty-five (25) miles per hour shall be observed. Operators shall strictly observe and obey all traffic signs, as well as any and all rules and regulations applicable to vehicular traffic.

f. It shall be unlawful for any person without a valid state driver’s license to operate an ATV on designated Town roads unless, if under the age of sixteen, accompanied by a parent or legal guardian and must possess a New York State ATV safety certificate issued by the Commissioner. If over the age of sixteen without valid state driver’s license, must have said New York State ATV safety certificate. Anyone with a suspended driver’s license may not operate an ATV on the designated roads.

g. No person shall operate an ATV on a designated road or segment in such a manner as to create loud, unnecessary, or unusual noise, so as to disturb or interfere with the peace and quiet of the Town’s people.

h. No ATV shall be operated on any designated road or segment open for ATV use except in accordance with the provisions of the Vehicle and Traffic Law of the State of New York, Article 48-C.

i. No ATV shall be operated on any designated road or segment open for ATV use unless properly equipped, registered and insured as required by the Vehicle and Traffic Law of the State of New York, Article 48-C.

j. ATV’s shall not be allowed to operate, unless and until such time as proper signs and markers are installed, which clearly identify the road and areas designated in Section VI of this Local Law.

 

SECTION VIII. Violations

Failure to comply with any provision of this Local Law shall be deemed a violation, and in the case of the first offense, the violator shall be liable for a fine of not less than one-hundred ($100.00) dollars or more than three-hundred fifty ($350.00) dollars; a second offense within eighteen months of first offense shall carry a fine of not less than one-hundred ($100.00) dollars or more than five-hundred ($500.00) dollars, and a third offense within eighteen months of the first offense shall carry a fine of not less than one-hundred ($100.00) dollars or more than one-thousand ($1,000.00) dollars.

 

SECTION IX. Severability

Should any sections or provisions of this Local Law be declared invalid, such decision shall not affect the validity of the remaining portions of this Local Law.

 

SECTION X. Posting of Designations and Regulations

In accordance with Section 2405 of the Vehicle and Traffic Law, the Town Superintendent shall install signs and markers identifying the designated roads. Said Superintendent shall also post signs on which shall appear the rules, conditions and restrictions set forth in this Local Law, to the extent that such rules, conditions and restrictions exceed those set in the Vehicle and Traffic Law.

 

SECTION XI. Effective Date.

This Local Law shall take effect immediately upon its filing with the Secretary of State of the State of New York.

 

 

He explained that the Law would allow opening of some Town roads for access to trails/areas to ATV’s that otherwise would not be accessible. The roads are not the trails they are used only as a way to get to another trail/area

 

Supervisor Bagetis stated the ATV Club came to the Town Board to open the roads. The ATV Club members got landowner signatures and marked out the trails. Supervisor Bagetis and Highway Superintendent Nightingale made site visits and inspected all the roads and shoulders of the roads, they filled out all environmental impact paperwork.

 

The Town does not have the trails posted/marked at this time. Once they are posted/marked by the ATV Club the Town will clearly mark the roads that will be open.

 

The floor was opened for questions.

Mrs. Abend asked the The Town Board if a study had been done on what effect on the economy tne ATV’s would have.

Jason Maher stated that a study had been done in the Tug Hill area and the ATV’s bought more money to the area than snowmobiles.

Other residents stated it may afford the opportunity for someone to open a convenience store in Public Hearing

May 28, 2015

Page 6

 

the area, for economic improvement.

The ATV Club will be able to expand its members if the law is passed.

Jim Nightingale commended the Board for all the work put into this law.

Richard Wright stated the ATV Club members will help maintain trails/areas.

He also wanted to know how long it would take to open the roads if the law is passed. Supervisor Bagetis stated approximately two weeks. All the roads and trails/areas need to be clearly marked. The ATV Club also has signs for property owners that do not want ATV’s on their property.

 

It was also stated that once more landowners signup for ATV trails, then some of the road segments could be closed.

ATV Club members will try to enforce the rules by stopping and talking to the other riders that abuse the trails.

 

Councilmember Lawson made a motion to adjourn at 7:35 PM, second by Councilmember Luther. So carried.

 

Councilmember Roark made a motion to call the meeting back to order at 7:40 PM, second by Councilmember Maher. So carried.

 

Councilmember Lawson made a motion to adopt the proposed Local Law #2-2015 as Local Law #2-2015 to open parts of Town Roads to ATV’s, second by Councilmember Roark.

Roll call vote as follows: Councilmember Lawson-aye, Councilmember Luther-aye, Councilmember Roark-aye, Councilmember Maher-aye and Supervisor Bagetis-aye. So carried.

 

Councilmember Lawson made a motion to adjourn at 7:45PM, second by Supervisor Bagetis. So carried.

 

Respectfully Submitted,

 

 

Sandra Gates

Town Clerk