INVENTORY OF TOWN ROAD CONDITIONS AND DRAFT TOWN HIGHWAY PLAN

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1 INVENTORY OF TOWN ROAD CONDITIONS AND DRAFT TOWN HIGHWAY PLAN TOWN OF WESTFORD OTSEGO COUNTY, NEW YORK INTRODUCTION AND PURPOSE The Community, Commuting Patterns, Land Use Patterns, Population Density, and Traffic Generators EXISTING ROAD NETWORK Functional Classifications, Arterial Highways, Collector Highways, Local Roads, and Ownership and Responsibility 2 5 ROAD SURFACE TYPES 9 TRAFFIC VOLUMES AND DENSITIES State Highways, County Roads, Town Roads, and Estimation of Truck Traffic and Cumulative Impacts 10 ROAD CONDITIONS 13 IMPLICATIONS FOR HIGHWAY PLAN 15 RECOMMENDED ROAD PERSERVATION MEASURES Damage Prevention and Road Restoration Restoration of Utility Cuts Southern Tier East Model Road Preservation Law 18

2 INVENTORY OF TOWN ROAD CONDITIONS AND DRAFT TOWN HIGHWAY PLAN TOWN OF WESTFORD OTSEGO COUNTY, NEW YORK INTRODUCTION and PURPOSE This Inventory of Town Road Conditions and Draft Highway Plan for the has been prepared for the Town by Southern Tier East Regional Planning Development Board (STERPDB) as part of a grant from the Appalachian Regional Commission (ARC). This inventory and plan are intended to establish a general record of roadway conditions in the Town as of the fall of 2010 and to help develop a highway use strategy, which can help preserve the quality of local roads and provide access throughout the Town. This plan is one of four components prepared by STERPDB for the Town. The other three consist of large scale town road maps showing road conditions, a set of digitized photographs of selected road conditions, and a compact disk with the database, which was developed from the field inventory by STERPDB personnel, upon which the road condition map is based. THE COMMUNITY Study Location:, Otsego County, NY The is located in the eastern portion of Otsego County, New York; northeast of the City of Oneonta, southeast of the Village of Cooperstown and north of the hamlet of Schenevus and NYS Route 88. The Town was first settled around 1790 by pioneers from Vermont. However, it is claimed that the first settler in Westford was Robert Roseboom from New Jersey, who settled in what is now known as Maple Valley. During the 1790 s, Westford received an influx of land-hungry settlers from New England who consequently established the first churches and schools in Town. The Town was established from part of the Town of Worcester in There are two hamlets in the Town, the hamlet of Westford, in the center of the Town, located at the intersection of County Route 34 and 36 and the hamlet of Westville, on the western town line, located at the intersection of Westville Gulf Road and County Route 35. According to the US Census Bureau s Estimates of Population for 2006, the population of the Town was 824 people. This was an increase of 5.1% from the US Census Bureau s 2000 Census report, History of Otsego County, New York, Reprinted by Higginson Book Company. February 2011 Ψ Page 2

3 which had the Town s population at 784 people. In 1990, the Town s population was reported to be 634 people; however, in 1980, the population was reported to be 652 people. The chart below shows how the Town s population has been changing over time since 1940, according US Census Bureau s reports. 2 As one can see, from 1940 to 1970, there was a 30 year decline in the Town s population. From 1970 to 2006 overall there was an increase in the Town s population, except for a small decrease in Comparatively Otsego County s population has been increasing since 1940 according to the US Census Bureau. According to the 2000 Census, the Town s population was spread out with 25.5% under the age of 18, 6.6% from 18 to 24, 26.1% from 25 to 44, 26.7% from 45 to 64, and 15.1% who were 65 years of age or older. The median age for the Town was 39.6 years of age. For every 100 females there were 99.0 males. For every 100 females age 18 and over, there were 96.6 males. According to the US Census Bureau s 2000 Census, the Town was 33.8 square miles in size. There were 306 households and 215 families in the Town. The population density was 23.2 people per square mile. There were 446 housing units in the Town at an average density of 13.2 per square mile. There were 306 occupied housing units, of which, 269 were owner-occupied and 37 were renter-occupied. There were 140 vacant housing units. According to the 2000 Census, there were 306 households in the Town, out of which, 30.4% had children under the age of 18 living with them, 55.9% were married couples living together, 8.5% had a female householder with no husband present, and 29.7% were non-families. 23.5% of all households were made up of individuals and 10.1% had someone living alone who was 65 years of age or older. The average household size was 2.56 and the average family size was The median income for a household in the Town was $34,318 and the median income for a family was $38,611 according to the 2000 Census. The per capita income for the Town was $16,351. About 6.8% of families and 9.2% of the population were below the poverty line, including 8.0% of those under age 18 and 13.2% of those age 65 or over. 2 Otsego County, New York 2008 County Fact Book, Southern Tier East Regional Planning Development Board. February 2011 Ψ Page 3

4 COMMUTING PATTERNS Information yet to come. LAND USE PATTERNS Information yet to come. POPULATION DENSITY Information yet to come. TRAFFIC GENERATORS The principal traffic generators in the Town include residential areas, schools and public facilities, churches, recreational facilities, and commercial centers and activities. Residential Areas Information yet to come. Schools and Public Facilities There are no functioning schools in the Town itself. Children from the Town attend the Schenevus Central School located on Main Street in the hamlet of Schenevus, Town of Maryland. The Towns of Maryland, Milford, Decatur, Roseboom and Westford make up the school s district. A centralized school is significant traffic generator with especially pronounced traffic flows in the morning and afternoon. Traffic can consist of parents and buses dropping off or picking up students, as well as teachers and older students driving to and from school. In addition to educational programs, schools frequently are the focus of community events and athletic competitions, which generate temporarily elevated traffic levels. However, for the school traffic generation levels are negligible because they are spread out and varied over time, since the school is not located in the Town. The Town is protected by one volunteer fire department. The Westford Fire Department is located on County Highway 34 in the hamlet of Westford. Although they are typically only two or three axle vehicles, fire trucks and tankers are some of the heaviest vehicles, which will be seen on rural roads. In addition to their emergency service functions, fire stations also frequently serve as community social centers in rural areas, and therefore will generate traffic aside from times of emergencies. Churches Seven churches were noted during the field survey of the Town roads: four churches in the hamlet of Westford, three churches in the hamlet Westville and one church in the Maple Valley area. It is unclear how many churches are open to parishioners. Churches can be a periodic contributor to traffic flow, besides weekly services, churches support a wide range of community functions throughout the year which generate traffic. February 2011 Ψ Page 4

5 Recreational Facilities There are five public recreational areas in the Town: Five Points County State Forest, located off Middlefield, Pearsall and Van Cleef Roads, is a 380 acre forest area available for recreational use. Betty and Wilbur Davis State Park, located off Gately, Peeters and Davis Roads, is 200 acre park that offers hiking trails, catch and release fishing, cross country skiing, snowshoeing and snowmobile trails. The park has six cabins available for rent also. Maple Valley State Forest, located off Draper Hill Road, is 801 acre forest area available for recreational use. Hooker Mountain State Wildlife Management Area and Hooker Mountain State Forest, located off County Highway 42, Stanley Roseboom, Hooker Mountain and Dog Hill Roads, are 801 plus acres of forest land available for recreational use. These areas do not appear to be major traffic generators. Commercial Centers The hamlet of Westford on County Highway 34 is the Town s largest commercial center. It is small in size compared to the hamlets of Schenevus and Worchester and Village of Cooperstown. This is due in part to the Town s population and proximity to other more populated centers. Other Commercial Activity Although none were observed operating during the hours when the field survey was conducted, it is known that there are a number of active dairy farms in the Town and these rely upon daily service by 18-wheel tanker trucks, which collect bulk milk for transport to processing plants outside the Town. In addition, none were observed, but it is understood that the Town has some small quarries in operation. The field survey team did observe a number of farms that were not dairy farms and could possibly be operating commercially, as well as, areas being logged either privately or buy a company, the Town s transfer station and a number of small privately owned business throughout the Town. EXISTING ROAD NETWORK FUNCTION CLASSIFICATIONS The NYS Department of Transportation has established a set of functional classifications, which it uses for state and county highways. It also has several functional classifications for local roads. February 2011 Ψ Page 5

6 For the purposes of this inventory the Regional Board has combined the NYSDOT urban and rural classification with the rural Low Volume road classifications. These classes are functional and therefore do not necessarily reflect any particular intensity of traffic. The exception is the Low Volume Rural class of access roads, which basically includes only roads that have daily traffic volumes of less than 400 vehicles. Most, if not all, the 20-series of road classifications would be shown on the NYSDOT under functional classes 09 or 19. State DOT Classifications Arterial Highways - The state arterial highway system consists of the Interstate Highway System and principal and minor arterial highways. The State Rural Principal Arterial System (non-interstate) consists of a connected rural network of continuous routes, which serve corridor movement having trip length and travel density characteristics indicative of substantial statewide or interstate travel, and provide an integrated network without stub connections except where unusual geographic or traffic flow conditions dictate otherwise (e.g. international boundary connections and connections to coastal cities). The State Rural Minor Arterial Road System, in conjunction with the Principal Arterial System, should form a rural network, which links cities and larger towns (and other traffic generators, such as major resort areas, that are capable of attracting travel over similarly long distances) and form an integrated network providing interstate and inter-county service; and ought to be spaced at such intervals, so that all developed areas of the State are within a reasonable distance of an arterial highway; and are designed to provide for relatively high overall travel speeds, with minimum interference to through movement. Collector Roads Collector highways generally serve travel of primarily intra-county rather than statewide importance and constitute those routes on which predominant travel distances are shorter than on arterial routes. On the average, more moderate speeds may be typical. The State Rural Major Collector Major Collector should provide service to any county seat not on an arterial route, to the larger towns not directly served by the higher systems, and to other traffic generators such as consolidated schools, shipping points, county parks, and the like; link the places mentioned above with nearby larger towns or cities, or with routes of higher classification; and serve the more important intracounty travel corridors. The State Rural Minor Collector should be spaced at intervals to collect traffic from local roads and bring all developed areas within a reasonable distance of a collector road; provide service to the remaining smaller communities; and link the locally important traffic generators with their rural areas. Rural Local Road - The Rural Local Road should serve primarily to provide access to adjacent land and service to travel over relatively short distances as compared to collectors or other highway systems. County Highways RURAL URBAN Low Volume Rural* FUNCTIONAL CLASSES Except as otherwise noted the following is a summary description of the county highway network, which serves as the collector system in the : Principal Class Sub Class Principal Interstate Principal Expressway Arterial Principal - Other Minor Major Urban Collector Minor Low Volume Local 22 Residential Access 23 Farm Access 24 Access Resource or Industrial Access 25 Agricultural Land Access 26 Recreational Land Access Minimum Maintenance Roads Source: Urban and Rural Classifications Pavement Data Report for New York State Highways, NYS Department of Transportation, 2009, Low Volume Road Classes - Manual: Guidelines for Rural Town and County Roads, December 1992, reprinted March 1997 All Roads providing agricultural or recreational land access, with 50 or fewer vehicles per day, would follow minimum maintenance guidelines. The manual stresses that minimum maintenance does not mean no maintenance or abandonment, nor should it apply to land access roads. February 2011 Ψ Page 6

7 County Highway 34 begins in the hamlet of Schenevus in the Town of Maryland and runs north through the hamlet of Westford and Town of Westford to the hamlet of South Valley in the Town of Roseboom. Fifteen roads intersect this Highway in the and two of the 15 are other county highways. This county highway is considered a minor collector by the NYSDOT. County Highway 35 begins in the Town of Milford and runs northeast to the and the along the Town s western boundary line to the hamlet of Middlefield in the Town of Middlefield where it ends. Two Town roads and one County Highway intersect this Highway in the Town. This county highway is considered a minor collector by the NYSDOT. County Highway 36 begins in the Town of Worcester and runs northwest to the hamlet of Westford where it ends. Four Town roads intersect this Highway in the Town. This county highway is considered a minor collector by the NYSDOT. County Highway 36A runs northwest just south of the hamlet of Westford and Betty and Wilbur Davis State Park connecting County Highway 34 in the to County Highway 35 in the Town of Middlefield. One Town road intersects this Highway in the Town. This county highway is considered a minor collector by the NYSDOT. County Highway 42 begins just west of the hamlet of Maryland in the Town of Maryland coming off NYS Highway 7 and running north through the south western corner of the. No roads intersect this Highway in the Town. This county highway is considered a minor collector by the NYSDOT. There are no Town Roads in the, which are part of the NYSDOT designated arterial or collector networks. LOCAL ROADS The remaining highways in the Town are classified as local rural roads NYSDOT functional classification FC-09. These roads serve the role of providing access to adjacent properties and typically have little through traffic despite the fact that only a few of these roads are dead-ended. The state has seven classifications for low volume local roads, as are set forth on the following: Low Volume Collector - Road collects traffic from any other classification and channels it to higher level of roads such as arterials and interstates. Residential Access - Road provides access to residences, with traffic volumes depending on the number of residences served. All year access for emergency service vehicles and school buses must be provided. Farm Access - Road provides access to a farm s center of operations, including the farm residence. Traffic volume is low but may include heavy trucks, such as milk tankers and oversized farm equipment. Resource or Industrial Access - Road provides access to industrial or mining operations. Traffic volumes will vary and may include heavy trucks and a significant number of employee cars. This category could also include access to well drilling sites. Agricultural Land Access - Road provides access to farm land with low traffic volumes and major seasonal variation. NYSDOT advises that these roads should accommodate farm equipment which could be up to 20 feet wide. RURAL LOW VOLUME ROAD CLASSIFICATION Road Classification 1. Low Volume Collector 2. Residential Access 3. Farm Access 4. Resource or Industrial Access 5. Agricultural Land Access 6. Recreational Land Access Vehicle Types All Vehicles Cars and emergency service vehicles Cars, light trucks, occasional heavy trucks and farm equipment Trucks and employee cars Occasional farm equipment Cars and Recreational Vehicles on a seasonal basis Average Daily Traffic Rehabilitation Design Type 50 to 400 A Under 50 B 50 to 400 B Under 50 C 250 to 400 A Under 250 B 50 to 400 A Under 50 B C 50 to 400 B Under 50 C Minimum Maintenance Road SOURCE : NYSDOT Manual: Guidelines for Rural Town and County Roads, December 1992, reprinted March 1997 NOTES: All low volume roads, regardless of classification would follow the Manual of Uniform Traffic Control Devices. All Roads providing agricultural or recreational land access, with 50 or fewer vehicles per day, would follow minimum maintenance guidelines. The manual stresses that minimum maintenance does not mean no maintenance or abandonment, nor should it apply to land access roads. February 2011 Ψ Page 7

8 Recreational Land Access - Road provides access to recreational land including seasonal dwellings and parks. Traffic volumes will vary according to type of recreational facility and season of the year. Traffic may include recreational vehicles. Minimum Maintenance Road - Low volume road or road segment which may be of a seasonal nature, having average traffic volumes of less than 50 vehicles per day and which principally provides agricultural or recreation land access. This type of road shall be maintained at a level which allows such road to remain passable and functional. Most Town Roads in Westford primarily function to provide access to residences and thus would fall into Low Volume Road Class 2. For much of the Town the number of residences served by these roads will vary according to length of road segment between intersections. The network of Town roads basically follows well defined stream valleys. This structure would be expected to result in a few through highways with a number of dead end side roads branching off to provide access up smaller stream valleys. However, in Westford most of these low volume local town roads are through roads in the sense that most connect to other roads at either end. The arrangement of land uses in the Town is such that residential and agricultural areas are frequently interspersed. In fact many rural residences were at one time small farmsteads, which have now assumed a primarily non-agricultural role. Low volume rural local roads, which access agricultural lands are shown in two groupings on the Table. As defined by NYSDOT a low volume rural farm access road is one, which provides access to the farm residence and principal support buildings and would thus have to accommodate larger vehicles such as milk tankers on a daily basis. Agricultural land access roads on the other hand provide a means of moving farm equipment to work croplands which have only marginal buildings and where the equipment would be used only a few times per year. Low volume local roads, which primarily provide access to single industries or to sites from which natural resources are extracted or harvested, differ from other rural roads in that for the most part they do not serve residential areas. In addition, these roads may include a long segment which is on private property and which is therefore not a Town responsibility. These roads must provide for the movement of employee vehicles as well as heavier vehicles associated with moving products and equipment to and from the site. The level of improvements required for these roads will depend upon the size and nature of the operation. According to the State Department of Transportation the minimum maintenance road designation is an alternative to closing a little used road. The level of maintenance will usually Feature Description of Type PAVEMENT WIDTH -Traveled Way (in feet) PAVEMENT WIDTH - Shoulder (in feet) CLEAR ZONE WIDTH More for Curves (in feet) Opposing Vehicle Interaction Operating speed for normal maintenance roads (in miles per hour) Typical Surface Material Surface Condition GUIDELINES FOR REHABILITATION OF RURAL ROADS BY ROAD TYPE Type A All Purpose Road All-purpose road; vehicles can pass without a reduction in their speed. All vehicles pass without speed reductions Type B Area Service bi-directional 2-lane Road Area service 2 lane road; vehicles may have to reduce speed to safely pass Type C Area Service bi-directional 1-lane Road Area service one lane road; passing vehicles must slow, stop, or leave the roadway Vehicles reduce speed, but cars can pass at almost normal speed All vehicles require special widening for passing to or less Asphalt concrete for 150 ADT or greater, Aggregate for ADT of less than 150 No adverse effect on operating speed Asphalt concrete for 150 ADT or greater, Aggregate for ADT of less than 150 May cause reduction in operating speed Usually un-surfaced Reduced Operating Speed SOURCE : NYSDOT Manual: Guidelines for Rural Town and County Roads, December 1992, reprinted March 1997 NOTE: Add 2 ft. width to Types A or B if significant truck traffic is observed. If farm vehicles are in use, a minimum of 20 foot horizontal clearance should be maintained. Single lane roads should have widened travels every 1000 feet to allow passing. February 2011 Ψ Page 8

9 be least it can be while still permitting the road to be used at a level consistent with its classification. OWNERSHIP AND RESPONSIBILITY The 2009 State report on highway mileage shows that there are 66.5 miles of highways and local roads in the Town. Most of these highways fall under the jurisdiction of the (49.2 miles), the rest falls under the jurisdiction of Otsego County (17.4 miles). These highways range from two lane paved roads to narrower unpaved local access roads, some of which provide seasonal only. ROAD SURFACE TYPES One of the major functions of this regional road condition survey was to document road conditions in the. This documentation can then be used to support local decisions concerning road use and preservation. The STERPDB Road Condition Survey involved the development of a regional geographic information system which contained data files and maps which recorded the survey observations. The regional road condition survey focused on Town roads as these were considered to be the most vulnerable to changing traffic conditions. As is illustrated by the accompanying photograph, most town roads in the Town serve sparsely settled rural areas. The road shown in this photograph is typical of many parts of the Town Highway system and consists of flexible asphalt paving. All county highways in the Town were asphalt paved. The accompanying map illustrates the network of Town roads according to their pavement type. As shown in green, the largest portion of Town highway segments which were surveyed consisted of asphalt pavement. 1 This type of road surface is termed flexible pavement by NYSDOT. There is no one location or type of connection, which has this type of pavement. Through roads as well as dead-end lanes were observed to be paved. 3 The number in parentheses in the map legend reports the number of inventories segments in each type. Segments are of variable length February 2011 Ψ Page 9

10 Although also considered paved, the oil and stone roads, depicted in lite green on the map, are much more fragile than the flexible asphalt roads, and will rapidly fracture if exposed to heavy traffic loads. For the most part these roads serve more remote location, although in many instances they are through roads, connecting to other through roads. Gravel roads were relatively rare in the Town and were limited to areas where it seemed new home construction was occurring and the number of homes built was few. The distinction between gravel roads and dirt roads is not always clear, but in general gravel roads can accommodate two way traffic and reflect efforts to provide a level travel surface while dirt roads are in a close to natural state. Observed Pavement Type:, Otsego County, NY Pavement Type not recorded Flexible (asphalt) Oil and Stone Gravel None The Town did have a number of two lane dirt roads, more so than gravel roads (see pavement type none on the above map). The dirt roads were in areas of low density and allowed traffic to connect from one asphalt road to another. Seven of the dirt roads were associated with the public forests or parks located in the Town. TRAFFIC VOLUMES AND DENSITIES The STERPDB survey of local roads did not collect traffic volume information per se, rather it relied upon published state and/or county traffic data and subjective judgments were made based upon observed traffic characteristics during the time during which road conditions were being observed. February 2011 Ψ Page 10

11 COUNTY ROADS The Highway Division of the Otsego County Department of Public Works is responsible for the maintenance of county owned roads and bridges with spans of 20 feet or greater. As part of its responsibilities, the County Highway Department will periodically conduct traffic counts on county highways and assist towns in taking their own counts. TOWN ROADS Most of the Town Roads in the provide local access to individual residences which are scattered along their route. Because of the sparsely settled character of much of the Town, most Town roads were considered to have only light traffic under existing conditions. There were only two traffic volumes reported on local roads in the by the NYSDOT: Greenbush Road is located in the south central quadrant of the Town and provides an additional link to County Highway 34 from County Highway 36. An AADT traffic volume of 200 vehicles was reported on this road in Serafen Road is in the south central quadrant of the Town, just north of the Town of Maryland boundary line and connects to County Highway 34. An AADT traffic volume of 80 vehicles was reported on this road in STERPDB did not take any traffic counts as part of this survey. Instead, general estimates of the traffic magnitude were made for road segments based upon the number of vehicles observed while the other inventory activities were being performed. These observations, plus an assessment of local traffic generators, were used in classifying traffic levels as extremely light, light, moderate, and high. The map above illustrates the density of traffic observed on local roads during the course of the field survey in November In general, observed traffic on Town Roads was extremely light with very few vehicles seen moving along the roads. These lightly traveled roads are depicted with red lines on the accompanying map. February 2011 Ψ Page 11

12 This very light observed traffic movement may reflect the fact that for the most part the road survey took place during late morning and mid-day hours when traffic would be expected to be light. This suggestion is borne out by the fact that largest number of vehicles observed occurred at the end of a survey day and appears to reflect the homeward bound journeys of the Town s residents. The traffic reported on the above map shows the number of vehicles that passed the survey vehicle while survey information was being taken for each segment - a period estimated to be about 10 minutes. This is not a scientific assessment of traffic volume, but does suggest an order of magnitude, especially in the absence of any apparent traffic generators such as schools, or places of employment. In most of these areas the principal traffic would involve vehicles driven by residents living in housing aligned along the road, morning and afternoon school busses, and the occasional delivery vehicle (US Mail and UPS mostly). Estimation of Truck Traffic and Cumulative Impacts 4 Aside from small delivery vehicles the only other vehicles currently traversing the Town roads are school busses and the occasional milk tanker as far as STERPDB could tell. In its initial draft of its 2009 State Generic Environmental Impact Statement, the NYS Department of Environmental Conservation took note of the fact that a unique characteristic of possible large scale natural gas drilling in the Marcellus Shale would be the introduction of a large number of heavy vehicles serving multiple remote sites where previously these light duty roads had been the focus of very light traffic. The draft generic EIS also looked at cumulative impacts, which involve the effects of two or more single projects considered together. Adverse cumulative impacts can result from individually minor, but collectively significant projects taking place over a period of time. The potential for site specific cumulative impacts as a result of multi-well pads, while real, is easily quantified and can be adequately addressed during the application review process. General areas of concern with regard to noise, visual and community character issues are the same as those of individual well pads. While the pads may be slightly larger than those used for single wells, the significant impacts are due to the cumulative time and trucking necessary to drill and stimulate each individual well. In 1992 when an earlier GEIS was prepared, it was assumed that a well pad would be constructed, drilled and reclaimed in a period measured in a few months, with the most significant activity being measured in one or two weeks for the majority of wells. By comparison, a horizontal well takes four to five weeks of 24- hour-per-day drilling with an additional three to five days for the hydraulic fracture. This duration will be required for each well, with industry indicating that it is common for six to eight wells to be drilled on a multiwell pad. Typically, one or two wells are drilled and stimulated and then the equipment is removed. If the well(s) are economically viable, the equipment is brought back and the remaining wells drilled and stimulated. Current regulations require that all wells on a multi-well pad be drilled within three years of starting the first well. As industry gains confidence in the production of the play, there is the possibility that all wells on a pad would be drilled, stimulated and completed consecutively. This concept will shorten the time frame of noise generation and eliminate the noise generated by one rig disassembly/reassembly cycle. The trucking requirements for rigging and equipment will not be significantly greater than for a single well pad, especially if all wells are drilled consecutively. Water and materials requirements, however, will greatly increase the amount of trucking to a multi-well pad compared to a single well pad. Estimates of truck trips per multi-well pad are as follows (assumes two rig and equipment deliveries and 8 wells): 4 See Draft New York State Generic Environmental Impact Statement September 30, 2009, Section 6.13, Page to 143 February 2011 Ψ Page 12

13 Drill Pad and Road Construction Equipment Truckloads Drilling Rig 60 Truckloads Drilling Fluid and Materials Truckloads Drilling Equipment (casing, drill pipe, etc.) Truckloads Completion Rig 30 Truckloads Completion Fluid and Materials Truckloads Completion Equipment (pipe, wellhead) 10 Truckloads Hydraulic Fracture Equipment (pump trucks, tanks) Truckloads Hydraulic Fracture Water 3,200 4,800 Tanker Trucks Hydraulic Fracture Sand Trucks Flow Back Water Removal 1,600 2,400 Tanker Trucks These NYSDEC estimates show that the vast majority of trucking is involved in delivering water and removing flow back. Multiple wells in the same location provide the potential to reduce this amount of trucking by reusing flow back water for the stimulation of other wells on the same pad. The centralized location of water impoundments may also make it economically viable to transport water via pipeline or rail in certain instances. ROAD CONDITIONS Observed road conditions may reflect a number of factors including the type and age of pavement, natural features, and level of use. The condition of the roads in the was evaluated by means of a windshield survey conducted by Regional Board personnel in late November Each of the Town roads shown on the accompanying map of observed road conditions was driven to assess the road conditions based upon the 10 point scale used by the NYS Department of Transportation ROAD CONDITION RATING Score Condition Distress 9-10 Excellent Insignificant Distress 7-8 Good Some surface Distress beginning 6 Fair Surface Distress clearly visible 4-5 Poor Frequent and Severe Distress 1-3 Very Poor Frequent and Severe Distress U Under Construction Source: NYSDOT Observed Pavement Condition:, Otsego County, NY Pavement Condtion The State road condition classification system consists of three series designed for use in rating various types of paved roads (Rigid, Overlaid, and Flexible). This system was augmented by a fourth series by STERPDB to cover oil treated and unpaved roads. 2 The Road Condition Rating chart outlines the scoring system used in describing the local road conditions observed in the field. The full description of the road involves both the road type and the observed condition rating. not recorded 7-8 Good 6 Fair 3-5 Poor As depicted on the map Observed Pavement Condition, the Town roads in the were primarily reported to be in good condition. Typically roads rated as good were of recent construction or rebuilding. Roads rated as fair were 2 The NYSDOT series relates to the type of paving material. Rigid pavements are made of concrete; overlaid pavements are asphalt layers over concrete, and flexible pavements are asphalt. February 2011 Ψ Page 13

14 most often older roads, which frequently showed the effects of patching. Poor roads were typically in a condition which required reduced speeds. The accompanying photograph illustrates what would be classified as a fair town road. The road is relatively narrow but in general the travel lanes are in good shape. The photo shows the results of patching of the road surface, at the top of the rise in front of the house in the background. In the foreground the left hand side of the roadway is crumbling as is shown by the irregular edge and the longitudinal fracturing. Bridges and culverts represent special areas of concern when there is a significant change in the weight characteristics of the traffic on light-duty roads. The valuation of the weight bearing strength of bridges is beyond the qualifications of the Regional Board staff, so reliance was placed upon posted weight limits posted by the State highway department. Culverts on the other hand may be made of brittle material, placed close to the surface or endangered by vegetation and debris. Consequently, in addition to the road surface, the Regional Board s field surveyor took note of the conditions of the larger culverts, such as that shown in the accompanying photo. The photographs of roads and culverts are intended to provide a baseline documentation of the conditions existing at this point in time. As will be discussed in the recommendation, additional much more detailed photographic evidence concerning road and culvert conditions should be taken before heavy vehicles begin to cross these locations. All digital photos taken by STERPDB were electronically date and time stamped and their latitude and longitude, calculated from the Global Positioning Satellite system, is recorded. These photos are kept in electronic files and recorded on an index map, which further locates the place where the photograph was taken. February 2011 Ψ Page 14

15 The field survey and inventory was the regional prototype for a series of these studies and therefore reflects some evolution in the procedures followed in the survey operations. The biggest change is the decision to limit the inventory of culverts to those which are roughly 5 foot in diameter. This decision which allowed the survey to by-pass small pipe culverts greatly accelerated the data collection process, reduced the number of photographs being taken and properly focused attention on those facilities which would be the most expensive to repair or replace. Sixty six photographs were taken as part of this survey in the. Typically there were multiple photographs taken of each culvert or bridge, with additional pictures taken when there was an area of concern or special interest. IMPLICATIONS FOR HIGHWAY PLAN The foregoing description is important to highway planning in the because it suggests the following features, which should be reflected in the Town Highway Plan: Population growth over the next decade or two, if any, will be modest and is unlikely to require major improvements to the existing roadway network, except that some improvements maybe needed to serve specific new developments or special locations. The will continue to function as a kind of rural suburb for the Village of Cooperstown, hamlets of Schenevus and Worcester, and City of Oneonta. Existing patterns of gas leases reported by Otsego County suggest that multi-well drilling pads are likely in many parts of the Town, as well as in adjacent towns; therefore, predicting the location of specific well sites is almost impossible. With the drilling of wells comes the need and construction of gathering pipelines to move the natural gas. The lines will cross and/or run parallel with the roads and highways in the Town connecting natural gas wells within the town, as well as connecting the town s lines to major natural gas transmission lines. Drilling operations and their associated traffic may occur for long periods three years or more especially when multiple wells are drilled reusing a cluster pad multiple times. Principal local responsibilities will focus on local road preservation and the protection of local water sources. February 2011 Ψ Page 15

16 RECOMMENDED ROAD PRESERVATION MEASURES There are several approaches to the preservation of local roads, which are exposed to oversized and heavy equipment, but most commonly they involve one of two basic approaches preventative or remedial. Prevention usually involves regulation of the movement of vehicles, which may injure local roads to divert such vehicles from the most vulnerable roads, while remediation usually involves financial tools such as performance bonds to assure the replacement of damage resulting from use. DAMAGE PREVENTION Damage prevention attempts to avoid injury to roads and adjoining properties by limiting or prohibiting use by vehicles of a size or weight most likely to create such damage. This approach typically involves locally adopted regulations, which impose limitations on the size and weight of vehicles allowed to cross bridges or traverse roads under town jurisdiction. In addition, truck traffic can be restricted to designated truck routes, which can help divert such traffic from sensitive areas or during night-time periods. Temporary Truck Exclusion State Law authorizes a Town Highway Superintendent to temporarily exclude from town highways vehicles having a gross weight over 4 tons, when in his opinion the highway will be materially injured by the operation of such a vehicle. 5 This temporary exclusion authority can be especially useful when a moratorium on heavy or oversize vehicles is sought while a town board considers the adoption of more permanent regulations. Exclusions can take effect upon erection of signs on the highway and newspaper publication of a notice and remain in effect until the signs are removed as directed by the town board. Vehicle operators can apply to the town board for permits providing appropriate exemption to the temporary exclusion for their vehicle, if it is deemed to be performing essential local pickup or delivery service and that a failure to grant such permit would create hardship. The permit may designate the route to be traversed and contain other reasonable restrictions or conditions deemed necessary. The State Law requires that such permits be carried on the permitted vehicle and be open to inspection by any law enforcement officer. Establishing Truck Routes There is an obvious need to accommodate large vehicles on at least some town roads. The intent of establishing truck routes within a town should be to direct heavier or larger vehicles, already allowed on state or county highways with or without special permits, onto roads best able to accommodate them, and to avoid areas where substantial truck traffic might imperil light-duty roads or be detrimental to residential or other sensitive land uses. The town highway inventories being prepared by the STERPDB can be the basis for identification of functional road classifications and development of a truck route plan. Under Section 1660a(10) of the New York State Vehicle and Traffic Law, a town board has the authority to establish a system of truck routes for all trucks having a gross weight greater than 5 tons, and exclude such trucks from all roads except the designated truck routes. 6 This authority is extended elsewhere to authorize the town board to set limits on the hours of operation of permitted trucks and commercial vehicles. 7 5 Article 41, 1660a(11) of the New York State Vehicle and Traffic Law 6 See also Article 41, 1660a(19), and 1660a(28) of the New York State Vehicle and Traffic Law 7 Article 41, 1660a(28) of the New York State Vehicle and Traffic Law February 2011 Ψ Page 16

17 While the town board has this regulatory authority it also has the limitation that truck exclusion does not apply to local deliveries or pick-up of merchandize and that truck routes must provide suitable connection to all state highways entering the town. Oversized Vehicle Permits The State has a permit system for oversized vehicles and has provided authority other levels of jurisdiction to issue similar permits for vehicles traveling on roads under their jurisdiction. However, the State law provides that the fee charged for such permit shall not exceed ten ($10) dollars. 8 These permits may designate the route to be traversed and contain any other restrictions or conditions deemed necessary by the issuing authority, and it shall be carried on the vehicle to which it refers and shall be open to the inspection of any enforcement officer. 9 These provisions would appear to allow towns (and villages) to use this permit authority to govern a truck route designation program. Several of the models included in this monograph rely upon the authority to require permits for use of designated haul roads. The permit issuing authority is then used to support a system of agreements between the Permitee and the municipality. The actual preservation requirements, including documentation of road conditions before and after use, take the form of a contractual agreement. This agreement is also a way of shifting the responsibility for and the cost of documentation to the Permitee who presumptively is also the beneficiary of the permit. 10 ROAD RESTORATION For the most part, road restoration programs rely upon permits for the use of town roads, which are in turn supported by bonds, escrow accounts or certificates of deposit, which are used to demonstrate both the fiscal capacity of the Permitee, as well as to cover any expenses involved in restoring the road to its previously documented condition. The State has provided that the surfacing of town roads shall conform generally to the following minimum standards when they are improved: roadbeds not less than 18 feet wide; shoulders not less than 5 feet wide: and a minimum surfacing application consisting of not less than two courses of crushed stone and bituminous material. 11 While many town roads meet these standards a significant portion do not, especially those in remote rural areas where they are built to a much lower standard in reflection of the fact that they serve very small numbers of users. In addition, there should be provision for the construction or reconstruction of necessary bridges. Shared Responsibilities One of the major concerns about the use of bonds to provide for the restoration of local roads is the determination of the source of damage for which repairs are sought. If there is a single entity which is responsible for construction in an area, the determination of responsibility may be relatively simple. On the other hand, where a road or segment is used by multiple operations, there may be some difficulty involved in determining degrees or responsibility. Even with a single operator, there is usually a need to document pre-existing conditions for which the operator is not responsible. 8 Article b New York Vehicle and Traffic Law 9 Article d New York Vehicle and Traffic Law 10 In particular see the Yates County model included in the Appendix A 11 Article 8-A 223(3) New York Highway Law February 2011 Ψ Page 17

18 In addition to the determination of degrees of responsibility, there is always an issue of the amount of any bond or escrow account. It is fine to state that a bond will be required in an amount sufficient to restore a roadway to its pre-existing condition but there needs to be a means for determining what that cost will amount to, as well as policies concerning the frequency for remediation. For example, if a project extends over several years but is suspended during winter months, should the bond be used to pay for restoration at the conclusion of each construction season or should it only be used at the final completion of construction. In the latter case, other road users may be faced with restricted or difficult travel for extended periods of time, while in the former there is a question of how frequently restorative actions must be taken. Enforcement The adoption of regulations regarding the use of local roads is meaningless in the absence of enforcement. In New York, rural towns rarely have their own law enforcement capabilities and are therefore dependent upon county and State agencies for enforcement, which local roads would remain vulnerable. Some of the model regulations reviewed in developing the Region model provide that any person who operates a vehicle, which exceeds the limitations provided in section 385 on town roads without obtaining the required permit is guilty of a Class A misdemeanor, which is punishable by a fine not exceeding one thousand ($1,000.00) dollars, per day of violation. 12 RESTORATION OF UTILITY CUTS The protection of roadways from deterioration due to heavy traffic use is an opportunity to also protect the roads from disruptions resulting from road cuts to install underground facilities. Traditionally this has been an issue mostly for urban and suburban communities and most typically involved utility lines, especially local water and sewer lines. Occasionally it would also involve residential gas connections or underground electric or cable connections again in more densely settled areas. Natural gas exploration and harvesting is somewhat unique in the sense that many natural gas wells will be located in rural areas. Because the gas is only marketable if it can be collected and brought to compressor stations and multi-state transmission, these remote well sites need to be connected through gathering lines virtually all of which will take the form of underground pipelines. The installation of these gathering lines will involve digging along or across public rights-of-ways and therefore should be governed by the same type of requirements for road protection as are proposed for the use of the surface of the road itself. SOUTHERN TIER EAST MODEL ROAD PRESERVATION LAW DISCLAIMER - The following model has been prepared from the perspective of a community planner and DO NOT REPRESENT LEGAL OR ENGINEERING OPINIONS OR INTERPRETATIONS. Citations are provided for the sources of the specific provisions, and in all cases it is recommended that the original text be consulted and to the extent desired, legal advice sought from the municipal attorney or such other trained legal and/or engineering authority as may be appropriate. A part of the consideration of this or any other model Town officials should consult with the Town Attorney, Town Engineer, and Town Highway Superintendent The following model has been prepared by the Southern Tier East Regional Planning Development Board for use as a starting point in the development of a Local Law to assist rural towns in the Region preserve their town roads. This model is developed from elements of a number of model regulations, which appear in the various appendices to this monograph. 12 The classification of violations as a misdemeanor is from Section 12 of the Cortland County Model Regulations. February 2011 Ψ Page 18

19 Basically this model relies upon a Haul Road permit system supported by a road user agreement. The model begins with a basic exclusion of trucks with gross weights (vehicle and load) greater than 4 tons. This exclusion is authorized by the State Vehicle and Traffic Law and is intended to give a town some breathing space during which a more specific set of regulations can be developed and adopted. The model continues with provisions for the designation of a system of Haul Roads, which would initially be built upon the Local Road Inventory being developed by the Southern Tier East Regional Planning Development Board under grants from the Appalachian Regional Commission. Trucks with gross weights of 4 tons or greater would be allowed to travel on designated haul roads, but would be required to obtain and operate under authority of a haul road use permit. This model continues with model regulations relating to road cuts associated with the construction of pipelines and other underground facilities and then concludes with a set of exemptions for local delivery trucks and emergency vehicles. TOWN ROAD PRESERVATION AND PROTECTION LAW WHEREAS, the Town of finds that there is a legitimate public interest in protecting the condition of the public highways under its jurisdiction, and to repair such roads whenever required, and WHEREAS, many Town highways have been developed to accommodate traffic volumes and vehicles of the type, size and weight of vehicles which were typical of very rural areas, and future traffic may be of a volume, size, height or weight that it may cause or contribute to a deterioration of Town roads, and WHEREAS, well maintained roads are important to the economic well-being of the Town, and construction, maintenance, and operation of high impact commercial endeavors such as, but not limited to, timber harvesting, quarrying, mining, natural gas or oil drilling, wind energy facilities and telecommunications facilities can be economically beneficial if conducted in an appropriate manner, and WHEREAS, some uses of Town Highways is anticipated to be temporary, being associated with construction type activities which will be conducted over a definable period, and which therefore would not necessarily justify permanent upgrading of certain rural roads, but do which require that the condition of such Town roads during and at the conclusion of such activity be at least as it was at the commencement of such activity, and WHEREAS, it is necessary and desirable that in the event that a road is opened to allow the installation of culverts, pipes, conduits or any other facility or construction to cross beneath it, that the Town have assurances that traffic be maintained during such installation and that the road surface be adequately restored upon completion of such installation, and WHEREAS, it is the intent of the Town Board of the Town of in adopting this local law to maintain the safety and general welfare of the Town residents by regulating activities that may adversely impact roads and public property, NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of hereby adopts the following Road Preservation and Protection Local Law. February 2011 Ψ Page 19

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