NY State Assembly Bill 2009-A10377

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 17, 2010	print number 10377b
Jun 17, 2010	amend and recommit to transportation
May 03, 2010	print number 10377a
May 03, 2010	amend and recommit to transportation
Mar 22, 2010	referred to transportation

co-Sponsors

2009-A10377 - Details

See Senate Version of this Bill:: S7181
Current Committee:: Assembly Transportation
Law Section:: Highway Law
Laws Affected:: Add §205-c, Hway L; add §124, amd §1683, V & T L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A836, A6325
2013-2014: A1407
2015-2016: A1837
2017-2018: A418
2019-2020: A3724
2021-2022: A326
2023-2024: A2225

2009-A10377 - Summary

Permits the designation of low volume roads and minimum maintenance roads by town boards and enacts provisions relating to the maintenance, improvement and repair of such roads.

2009-A10377 - Sponsor Memo

                                BILL NUMBER:A10377

TITLE OF BILL:  An act to amend the highway law and the vehicle and
traffic law, in relation to the maintenance, improvement and repair of
certain town highways

PURPOSE OR GENERAL IDEA OF BILL: This bill authorizes towns to designate
certain town roads as low-volume roads and certain low-volume roads as
minimum maintenance roads.

SUMMARY OF SPECIFIC PROVISIONS: Section 1 would add a new section 205-c
to the highway law. Subdivision 1 defines low-volume roads and several
classifications of low-volume roads. Subdivision 2 authorizes towns to
adopt the low-volume road classifications and establishes the procedure
to adopt such classifications. Subdivision 3 authorizes towns to desig-
nate certain low-volume roads as minimum maintenance roads and estab-
lishes the procedure to adopt such designation.  Subdivision 4 sets out
maintenance standards for minimum maintenance roads. Subdivision 5
authorizes the process for petitioning to discontinue the minimum main-
tenance designation. Subdivision 6 authorizes road improvement financing
for discontinued minimum maintenance roads under section 200 o f the
town law.

Section 2 would add a new section 124 to the vehicle and traffic law
defining minimum maintenance road as designated by a town under section
205-c of the highway law.

Section 3 would add a new paragraph 18 to subdivision (a) of section
1683 of the vehicle and traffic law designating a road as minimum main-
tenance.

JUSTIFICATION: In 1990 the Legislative Commission on Rural Resources
sponsored a law establishing the NYS Local Roads Research and Coordi-
nation Council. The Council defined and promulgated standards for low-
volume road classification. The purpose in designating low-volume roads
is to reduce costs associated with bringing such roads to state or
national design standards. Towns have been adopting local laws designat-
ing roads as low-volume according to the Council's standards. This bill
would establish the classification system in state highway law to
provide assurance to towns that such designations have the authority of
state law.

In addition, this legislation would establish a comprehensive and trans-
parent process for towns to designate recreational or agricultural roads
as minimum maintenance. These low-volume roads would not require as much
maintenance, such as plowing and grading, as other roads, saving towns
money.

Roads that are the primary access for farm operations, or that have a
year-round residence, would not be designated minimum maintenance.  This
bill would also establish a process for landowners to petition to
discontinue the minimum maintenance designation.

It is difficult for many local highway departments lacking professional
engineers to design or upgrade older low-volume roads that do not meet
current engineering standards. In many rural towns throughout New York
the highway budget already meets or exceeds 50% of total town expendi-
tures. It is impractical for rural towns to afford this level of design,
construction and maintenance. Low-volume and minimum maintenance desig-
nations would provide more realistic and affordable standards while
maintaining public input.

In addition to the fiscal relief that this bill affords, low volume, and
particularly minimum maintenance roads, are a management tool that helps
towns to maintain access to working landscapes such as forest lands,
recreational areas and agriculture with reasonable costs. These desig-
nations may also help prevent over-development or sprawl in rural areas
reducing competition for the use of such lands.

PRIOR LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on the one hundred twentieth
day after it shall have become a law.

2009-A10377 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  10377

                          I N  A S S E M B L Y

                             March 22, 2010
                               ___________

Introduced  by M. of A. DESTITO, KOON, LIFTON, BACALLES, BURLING -- read
  once and referred to the Committee on Transportation

AN ACT to amend the highway law and the  vehicle  and  traffic  law,  in
  relation  to  the  maintenance, improvement and repair of certain town
  highways

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The highway law is amended by adding a new section 205-c to
read as follows:
  S 205-C. LOW VOLUME ROADS. 1. WHEN USED IN THIS SECTION, UNLESS OTHER-
WISE EXPRESSLY STATED, OR UNLESS THE CONTEXT OR SUBJECT MATTER OTHERWISE
REQUIRES, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  A.  "LOW-VOLUME  ROAD"  SHALL  MEAN  A TOWN HIGHWAY OR PORTION THEREOF
LOCATED IN A TOWN, WHEN SUCH HIGHWAY HAS AN AVERAGE DAILY TRAFFIC  COUNT
OF  LESS  THAN  FOUR HUNDRED MOTOR VEHICLES PER DAY. SUCH TERM SHALL NOT
APPLY TO ANY HIGHWAY OR ROAD OR PORTION  THEREOF  WHICH  HAS  PREVIOUSLY
BEEN  ABANDONED  PURSUANT TO SUBDIVISION ONE OF SECTION TWO HUNDRED FIVE
OF THIS ARTICLE BECAUSE IT SHALL NOT HAVE BEEN USED  OR  TRAVELED  AS  A
HIGHWAY FOR SIX YEARS. LOW VOLUME ROADS MAY BE CLASSIFIED AS FOLLOWS:
  (I)  "LOW-VOLUME  COLLECTOR  ROAD"  SHALL  MEAN A LOW-VOLUME ROAD THAT
COLLECTS TRAFFIC FROM ANY OTHER CLASSIFICATION  AND  CHANNELS  IT  TO  A
HIGHER LEVEL ROAD, SUCH AS A STATE HIGHWAY, ARTERIAL OR INTERSTATE HIGH-
WAY.
  (II)  "RESIDENTIAL  ACCESS  ROAD"  SHALL  MEAN  A LOW-VOLUME ROAD THAT
PROVIDES ACCESS TO RESIDENCES.   THE TRAFFIC GENERATED  DEPENDS  ON  THE
NUMBER  OF RESIDENCES. ALL YEAR ACCESS FOR EMERGENCY VEHICLES AND SCHOOL
BUSES MUST BE PROVIDED.
  (III) "RESOURCE/INDUSTRIAL ACCESS ROAD" SHALL MEAN A  LOW-VOLUME  ROAD
THAT  PROVIDES  ACCESS  TO  FORESTS  OR INDUSTRIAL OR MINING OPERATIONS.
TRAFFIC VOLUME CAN VARY AND INCLUDE HEAVY TRUCKS,  EXTRACTIVE  MACHINERY
AND SIGNIFICANT NUMBERS OF EMPLOYEES' CARS.
  (IV) "AGRICULTURAL LAND ACCESS ROAD" SHALL MEAN A LOW-VOLUME ROAD THAT
PROVIDES  ACCESS  TO  FARM  LAND.  TRAFFIC  VOLUMES  ARE  LOW  AND  VARY
SEASONALLY. SUCH ROADS SHOULD ACCOMMODATE FARM EQUIPMENT.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD15721-01-0

A. 10377                            2

  (V)"FARM ACCESS ROAD" SHALL MEAN A LOW-VOLUME ROAD THAT PROVIDES PRIN-
CIPAL MOTOR VEHICLE ACCESS FOR  THE  TRANSPORT  OF  GOODS  AND  SERVICES
NECESSARY FOR EFFECTIVE SUPPORT OF A FARM'S DAILY OPERATIONS TO AND FROM
THE  PRIMARY  LOCATION  OR  CENTER OF SUCH OPERATIONS. TRAFFIC VOLUME IS
GENERALLY  LOW,  SIGNIFICANTLY LESS THAN FOUR HUNDRED MOTOR VEHICLES PER
DAY, AND MAY INCLUDE OCCASIONAL HEAVY VEHICLES  AND  FARM  EQUIPMENT  AS
WELL AS OTHER MOTOR VEHICLES.
  (VI)  "RECREATION  LAND ACCESS ROAD" SHALL MEAN A LOW-VOLUME ROAD THAT
PROVIDES ACCESS TO RECREATIONAL LAND INCLUDING SEASONAL DWELLINGS, PARKS
AND RECREATIONAL LANDS. VOLUMES CAN VARY WITH  THE  TYPE  OF  RECREATION
FACILITY, ACTIVITY AND SEASON OF THE YEAR.
  B.  "MINIMUM MAINTENANCE ROAD" SHALL MEAN A LOW-VOLUME AGRICULTURAL OR
RECREATIONAL ACCESS ROAD OR PORTION THEREOF IN A TOWN, EXCEPT  FOR  FARM
ACCESS  ROADS  OR ROADS WHICH PROVIDE ACCESS TO AN INDIVIDUAL YEAR-ROUND
RESIDENCE, DESIGNATED BY THE TOWN AS  MINIMUM  MAINTENANCE  PURSUANT  TO
THIS  SECTION.  IN  NO  WAY  SHALL  THE  TERM  "MINIMUM  MAINTENANCE" BE
CONSTRUED TO MEAN "NO MAINTENANCE" OR "ABANDONMENT", HOWEVER, SUCH ROADS
MAY BE CLOSED DURING CERTAIN TIMES OF  THE  YEAR  SUBJECT  TO  STANDARDS
ADOPTED BY THE TOWN BOARD.
  C.  "MOTOR  VEHICLE"  SHALL MEAN A MOTOR VEHICLE AS DEFINED BY SECTION
ONE HUNDRED TWENTY-FIVE OF THE VEHICLE AND TRAFFIC LAW.
  2. A. THE TOWN BOARD OF ANY TOWN MAY, BY RESOLUTION, DESIGNATE CERTAIN
TOWN HIGHWAYS AS LOW-VOLUME ROADS OR PORTIONS THEREOF  PURSUANT  TO  THE
CLASSIFICATIONS  DEFINED IN THIS SECTION. IN CLASSIFYING SUCH ROADS, THE
TOWN BOARD SHALL BASE THE CLASSIFICATION ON TRAFFIC  VOLUMES,  TYPES  OF
VEHICLES  USING  THE  ROAD  OR PORTION THEREOF, AND THE CURRENT ADJACENT
LAND USES. THE TOWN BOARD SHALL REFER PROPOSED  CLASSIFICATIONS  TO  THE
TOWN  HIGHWAY  SUPERINTENDENT AND THE TOWN PLANNING BOARD, IF PRESENT IN
SUCH TOWN.
  B. UPON RECEIPT OF THE PROPOSED RESOLUTION, THE  TOWN  HIGHWAY  SUPER-
INTENDENT AND, WHERE APPLICABLE, TOWN PLANNING BOARD, SHALL REPORT THEIR
RECOMMENDATIONS  TO  THE  TOWN  BOARD, ACCOMPANIED BY A STATEMENT OF THE
REASONS FOR SUCH RECOMMENDATIONS WITHIN FORTY-FIVE DAYS OF RECEIPT. UPON
RECEIPT OF THE RECOMMENDATIONS FROM THE TOWN HIGHWAY SUPERINTENDENT AND,
WHERE APPLICABLE, TOWN PLANNING BOARD, OR UPON THE EXPIRATION OF  FORTY-
FIVE  DAYS  FROM THE DATE THE PROPOSED RESOLUTION WAS REFERRED, THE TOWN
BOARD MAY ADOPT BY MAJORITY VOTE, THE LOCAL CLASSIFICATION RESOLUTION.
  3. A. THE TOWN BOARD OF ANY TOWN MAY, AFTER A PUBLIC HEARING, ADOPT  A
LOCAL  LAW  DESIGNATING ANY LOW-VOLUME ROAD OR PORTION THEREOF PROVIDING
AGRICULTURAL OR RECREATIONAL LAND ACCESS, EXCEPT FOR FARM  ACCESS  ROADS
OR  ROADS  THAT PROVIDE ACCESS TO AN INDIVIDUAL YEAR-ROUND RESIDENCE, AT
THE TIME OF DESIGNATION AS A MINIMUM MAINTENANCE ROAD.  SUCH  LOCAL  LAW
SHALL NOT PREVENT THE STATE FROM MAINTAINING SUCH ROAD IF THE ROAD PASS-
ES  OVER,  OR  PROVIDES ACCESS TO, STATE LAND. NO SUCH LAW DESIGNATING A
MINIMUM MAINTENANCE ROAD SHALL BE EFFECTIVE  UNTIL  MINIMUM  MAINTENANCE
STANDARDS ARE ADOPTED AND SIGNS ARE POSTED ADVISING THE PUBLIC THAT SUCH
ROAD  IS  A MINIMUM MAINTENANCE ROAD. NO ROAD, ONCE DESIGNATED A MINIMUM
MAINTENANCE ROAD, SHALL BE DETERMINED TO HAVE BEEN ABANDONED PURSUANT TO
THE PROVISIONS OF SUBDIVISION ONE OF SECTION TWO HUNDRED  FIVE  OF  THIS
ARTICLE  SOLELY  BECAUSE  IT  HAS  BEEN DESIGNATED A MINIMUM MAINTENANCE
ROAD.
  B. AT LEAST FORTY-FIVE DAYS PRIOR TO THE PUBLIC HEARING ON SUCH  LOCAL
LAW  THE TOWN BOARD HAVING JURISDICTION OVER SUCH ROAD SHALL ISSUE FIND-
INGS THAT SUCH ROAD OR PORTION THEREOF SHOULD BE  DESIGNATED  A  MINIMUM
MAINTENANCE ROAD. SUCH FINDINGS SHALL INCLUDE, BUT NOT BE LIMITED TO:
  (I) THE VOLUME AND TYPE OF MOTOR VEHICLE TRAFFIC ON SUCH ROAD;

A. 10377                            3

  (II)  A  DETERMINATION  THAT  THE PROPERTY OWNERS OF LAND ABUTTING THE
ROAD SHALL CONTINUE TO HAVE ACCESS TO THEIR PROPERTY;
  (III)  A  DETERMINATION  THAT  THE  USERS  OF  THE ROAD TRAVELING AT A
REASONABLE AND PRUDENT SPEED, UNDER  THE  CIRCUMSTANCES,  SHALL  NOT  BE
PLACED IN A HAZARDOUS SITUATION;
  (IV)  A  DETERMINATION  THAT  SUCH  ROAD, OR PORTION THEREOF, DOES NOT
CONSTITUTE A FARM ACCESS ROAD AS DEFINED IN THIS SECTION;
  (V) THE EFFECT OF SUCH DESIGNATION ON ANY  FARM  OPERATIONS  DEPENDENT
UPON  THE  ROAD,  AND THAT SUCH DESIGNATION DOES NOT RESTRICT FARM OPER-
ATIONS IN AGRICULTURAL DISTRICTS; AND
  (VI) THE STANDARDS OF MAINTENANCE TO BE PROVIDED FOR SUCH ROAD INCLUD-
ING, BUT NOT LIMITED TO, THE INTENTION TO CLOSE SUCH ROAD DURING CERTAIN
TIMES OF THE YEAR.
  A COPY OF THE TOWN BOARD'S FINDINGS SHALL BE MADE AVAILABLE FOR PUBLIC
INSPECTION IN THE TOWN CLERK'S OFFICE AND POSTED TO THE TOWN WEBSITE  IF
AVAILABLE.
  A COPY OF THE FINDINGS SHALL BE SENT TO THE SCHOOL BOARD OF THE SCHOOL
DISTRICT  IN  WHICH EACH ROAD IS LOCATED AND TO THE TOWN PLANNING BOARD.
SUCH SCHOOL BOARD AND PLANNING BOARD MAY REVIEW THE FINDINGS OF THE TOWN
BOARD AND WITHIN FORTY-FIVE DAYS FILE WITH THE TOWN CLERK  THEIR  RECOM-
MENDATION  AND FINDINGS. IN THE EVENT THE SCHOOL OR PLANNING BOARD TAKES
NO ACTION WITHIN THE FORTY-FIVE DAY REVIEW PERIOD  THE  TOWN  BOARD  MAY
PROCEED  WITHOUT  SAID  BOARD'S  RECOMMENDATION  AND FINDINGS. SCHOOL OR
PLANNING BOARD REVIEW MAY BE WAIVED, SHORTENED OR EXTENDED  UPON  MUTUAL
CONSENT  OF  SAID  BOARD  AND THE TOWN BOARD. THE TOWN BOARD OF THE TOWN
MAY, BY RESOLUTION, ACCEPT, ACCEPT IN PART, OR  REJECT  THE  RECOMMENDA-
TIONS  OF EITHER THE SCHOOL OR PLANNING BOARD PRIOR TO ANY VOTE UPON THE
PROPOSED LOCAL LAW.
  A COPY OF THE FINDINGS SHALL ALSO BE SENT TO THE DEPARTMENT  OF  ENVI-
RONMENTAL  CONSERVATION  OR  ANY  OTHER  RELEVANT  STATE AGENCY THAT HAS
JURISDICTION OVER THE LAND THAT THE ROAD PROPOSED TO  BE  DESIGNATED  AS
MINIMUM MAINTENANCE PASSES OVER OR PROVIDES ACCESS TO.
  C. AT LEAST THIRTY DAYS PRIOR TO 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.
  D. THE TOWN CLERK SHALL GIVE NOTICE OF SUCH HEARING BY THE PUBLICATION
OF  A NOTICE IN AT LEAST ONE NEWSPAPER CIRCULATING IN THE TOWN, AND POST
SUCH NOTICE ON THE TOWN WEBSITE IF AVAILABLE, SPECIFYING THE  TIME  WHEN
AND  THE  PLACE  WHERE  SUCH  HEARING WILL BE HELD, AND IN GENERAL TERMS
DESCRIBING THE PROPOSED RESOLUTION. SUCH NOTICE SHALL BE PUBLISHED  ONCE
AT LEAST TEN DAYS PRIOR TO THE DAY SPECIFIED FOR SUCH HEARING.
  4.  A  ROAD OR ROAD SEGMENT, WHICH HAS BEEN DESIGNATED MINIMUM MAINTE-
NANCE, SHALL BE MAINTAINED AT A LEVEL WHICH ALLOWS THE ROAD TO  BE  MADE
PASSABLE  AND  FUNCTIONAL  IN  A  MANNER  DETERMINED BY THE TOWN HIGHWAY
SUPERINTENDENT IN ACCORDANCE WITH THE  STANDARDS  ADOPTED  BY  THE  TOWN
BOARD  TO BE CONSISTENT WITH THE VOLUME AND TYPE OF TRAFFIC TRAVELING ON
SUCH ROAD.  NORMAL ROAD MAINTENANCE PRACTICES INCLUDING, BUT NOT LIMITED
TO, SNOW AND ICE REMOVAL, PAVING, PATCHING, BLADING, DRAGGING OR  MOWING
MAY  BE  DONE LESS FREQUENTLY DEPENDING UPON THE EXISTING CONDITIONS AND
USE OF THE ROAD BUT SHALL, AT A MINIMUM, BE CONSISTENT WITH  THE  STAND-
ARDS  AND  GUIDELINES  DEVELOPED BY THE LOCAL ROADS RESEARCH AND COORDI-
NATION COUNCIL PURSUANT TO CHAPTERS  FIVE  HUNDRED  SIXTY-FIVE  AND  SIX
HUNDRED FIFTY-TWO OF THE LAWS OF NINETEEN HUNDRED NINETY OR OTHER SUPER-
SEDING  STANDARDS OR GUIDELINES DEVELOPED PURSUANT TO STATE LAW. MINIMUM
MAINTENANCE ROADS SHALL CONTINUE TO BE PART OF THE TOWN HIGHWAY SYSTEM.

A. 10377                            4

  5. A. ANY PERSON OR PERSONS OWNING OR OCCUPYING REAL PROPERTY ABUTTING
A ROAD OR PORTION THEREOF WHICH HAS BEEN DESIGNATED  A  MINIMUM  MAINTE-
NANCE  ROAD  MAY PETITION THE TOWN HAVING JURISDICTION OVER SUCH ROAD OR
PORTION THEREOF TO DISCONTINUE THE DESIGNATION OF SUCH ROAD AS A MINIMUM
MAINTENANCE  ROAD.  SUCH  PETITION  SHALL BE FILED WITH THE CLERK OF THE
TOWN HAVING JURISDICTION OVER SUCH ROAD. 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
HAVING JURISDICTION OVER SUCH ROAD SHALL HOLD A PUBLIC HEARING UPON SUCH
PETITION WITHIN THIRTY DAYS AFTER ITS RECEIPT. THE TOWN CLERK SHALL GIVE
NOTICE  OF  SUCH  HEARING BY THE PUBLICATION OF A NOTICE IN AT LEAST ONE
NEWSPAPER CIRCULATING IN THE TOWN, AND POST  SUCH  NOTICE  ON  THE  TOWN
WEBSITE  IF AVAILABLE, SPECIFYING THE TIME WHEN AND THE PLACE WHERE SUCH
HEARING WILL BE HELD, AND  IN  GENERAL  TERMS  DESCRIBING  THE  PROPOSED
RESOLUTION.  SUCH NOTICE SHALL BE PUBLISHED ONCE AT LEAST TEN DAYS PRIOR
TO THE DAY SPECIFIED FOR SUCH HEARING.
  B.  IN THE EVENT THE TOWN BOARD, AFTER SUCH PUBLIC HEARING, DETERMINES
THAT SUCH ROAD SHALL CONTINUE AS A MINIMUM MAINTENANCE  ROAD,  NO  ADDI-
TIONAL PETITION MAY BE SUBMITTED BY A PERSON OR PERSONS PURSUANT TO THIS
SECTION  UNTIL THE LAPSE OF AT LEAST TWENTY-FOUR MONTHS FROM THE DATE OF
THE FILING OF THE PREVIOUS PETITION FILED BY SUCH PERSON OR PERSONS.
  C. THE TOWN BOARD HAVING JURISDICTION OVER A MINIMUM MAINTENANCE  ROAD
MAY ADOPT A LOCAL LAW DISCONTINUING SUCH MINIMUM MAINTENANCE ROAD DESIG-
NATION  IN  THE  EVENT  IT  DETERMINES  SUCH DISCONTINUANCE TO BE IN THE
PUBLIC INTEREST.
  6. WHERE THE MINIMUM MAINTENANCE ROAD STANDARD IS DISCONTINUED,  OR  A
LOW-VOLUME  ROAD  CLASSIFICATION  IS  CHANGED, ROAD IMPROVEMENTS MAY, IN
ADDITION TO OTHER FINANCING MECHANISMS AVAILABLE FOR  ROAD  CONSTRUCTION
PROJECTS,  BE  UNDERTAKEN  IN ACCORDANCE WITH SECTION TWO HUNDRED OF THE
TOWN LAW.
  S 2. The vehicle and traffic law is amended by adding  a  new  section
124 to read as follows:
  S  124. MINIMUM MAINTENANCE ROAD. A LOW-VOLUME ROAD OR PORTION THEREOF
WHICH IS DESIGNATED BY THE  TOWN  HAVING  JURISDICTION  OVER  SUCH  ROAD
PURSUANT TO SECTION TWO HUNDRED FIVE-C OF THE HIGHWAY LAW.
  S 3. Subdivision (a) of section 1683 of the vehicle and traffic law is
amended by adding a new paragraph 18 to read as follows:
  18. DESIGNATE A ROAD OR PORTION THEREOF AS A MINIMUM MAINTENANCE ROAD.
  S 4. This act shall take effect on the one hundred twentieth day after
it shall have become a law, provided, however, that effective immediate-
ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
necessary for the implementation of this act on its  effective  date  is
authorized to be made and completed on or before such date.

co-Sponsors

2009-A10377A - Details

See Senate Version of this Bill:: S7181
Current Committee:: Assembly Transportation
Law Section:: Highway Law
Laws Affected:: Add §205-c, Hway L; add §124, amd §1683, V & T L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A836, A6325
2013-2014: A1407
2015-2016: A1837
2017-2018: A418
2019-2020: A3724
2021-2022: A326
2023-2024: A2225

2009-A10377A - Summary

Permits the designation of low volume roads and minimum maintenance roads by town boards and enacts provisions relating to the maintenance, improvement and repair of such roads.

2009-A10377A - Sponsor Memo

                                BILL NUMBER:A10377A

TITLE  OF  BILL:    An  act to amend the highway law and the vehicle and
traffic law, in relation to the maintenance, improvement and  repair  of
certain town highways

PURPOSE OR GENERAL IDEA OF BILL: This bill authorizes towns to designate
certain  town  roads as low-volume roads and certain low-volume roads as
minimum maintenance roads.

SUMMARY OF SPECIFIC PROVISIONS: Section 1 would add a new section  205-c
to  the  highway law, Subdivision I defines low-volume roads and several
classifications of low-volume roads. Subdivision 2 authorizes  towns  to
adopt  the low-volume road classifications and establishes the procedure
to adopt such classifications. Subdivision 3 authorizes towns to  desig-
nate  certain  low-volume  roads as minimum maintenance roads and estab-
lishes the procedure to adopt such designation.  Subdivision 4 sets  out
maintenance  standards  for  minimum  maintenance  roads.  Subdivision 5
authorizes the process for petitioning to discontinue the minimum  main-
tenance designation. Subdivision 6 authorizes road improvement financing
for discontinued minimum maintenance roads under section 200 of the town
law.

Section  2  would  add  a new section 124 to the vehicle and traffic law
defining minimum maintenance road as designated by a town under  section
205-c of the highway law.

Section  3  would  add  a new paragraph 18 to subdivision (a) of section
1683 of the vehicle and traffic law designating a road as minimum  main-
tenance.

JUSTIFICATION:  In  1990  the  Legislative Commission on Rural Resources
sponsored a law establishing the NYS Local Roads  Research  and  Coordi-
nation  Council.  The Council defined and promulgated standards for low-
volume road classification. The purpose in designating low-volume  roads
is  to  reduce  costs  associated  with  bringing such roads to state or
national design standards. Towns have been adopting local laws designat-
ing roads as low-volume according to the Council's standards. This  bill
would  establish  the  classification  system  in  state  highway law to
provide assurance to towns that such designations have the authority  of
state law.

In addition, this legislation would establish a comprehensive and trans-
parent process for towns to designate recreational or agricultural roads
as  minimum  maintenance  as  well  as an appeal process for landowners.
These low-volume roads would not require as much  maintenance,  such  as
plowing and grading, as other roads, saving towns money.

Roads  that  are the, primary access for farm operations, or that have a
year-round residence at the time of designation, would not be designated
minimum maintenance. Furthermore, the designation of minimum maintenance
and the standards adopted cannot restrict farm operations in an Agricul-

tural District even if the road is not a primary farm access road. Farm-
ers who change the use of a field along a minimum maintenance road would
be able to request that a town modify  standards  to  allow  for  better
access   so   that  their  farm  operations  are  not  restricted.  Such
restriction is already prohibited by  the  agricultural  districts  law.
This  bill  would  also establish a formal process for any landowners to
petition to discontinue the minimum maintenance designation or to modify
maintenance standards.

It is difficult for many local highway departments lacking  professional
engineers  to  design or upgrade older low-volume roads that do not meet
current engineering standards. In many rural towns  the  highway  budget
already  exceeds  50% of total town expenditures, sometimes by a signif-
icant amount. It is impractical for rural towns to afford this level  of
design,  construction  and maintenance.   Low-volume and minimum mainte-
nance designations would provide more realistic and affordable standards
while maintaining public input.

In addition to the fiscal relief that this bill affords, low volume, and
particularly minimum maintenance roads, are a management tool that helps
towns to maintain access to working landscapes  such  as  forest  lands,
recreational  areas  and agriculture with reasonable costs. These desig-
nations may also help prevent over-development or sprawl in rural  areas
reducing competition for the use of such lands.

PRIOR LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: None.

SUMMARY OF AMENDMENTS: Clarifies definition of minimum maintenance road.
Adds language emphasizing that minimum maintenance designation shall not
restrict  farm  operations in Ag Districts, Requires the minimum mainte-
nance standards be  developed  with  the  Town  Highway  Superintendent.
Requires  that  a  summary of findings be sent to affected landowners in
addition to a public hearing notice. Makes hearing  notice  requirements
consistent  with  current practices.   Authorizes landowners to petition
for modification of maintenance standards.

EFFECTIVE DATE: This act shall take effect on the one hundred  twentieth
day after it shall have become a law.

2009-A10377A - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                10377--A

                          I N  A S S E M B L Y

                             March 22, 2010
                               ___________

Introduced  by M. of A. DESTITO, KOON, LIFTON, BACALLES, BURLING -- read
  once and referred to the  Committee  on  Transportation  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to  amend  the  highway law and the vehicle and traffic law, in
  relation to the maintenance, improvement and repair  of  certain  town
  highways

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The highway law is amended by adding a new section 205-c to
read as follows:
  S 205-C. LOW VOLUME ROADS. 1. WHEN USED IN THIS SECTION, UNLESS OTHER-
WISE EXPRESSLY STATED, OR UNLESS THE CONTEXT OR SUBJECT MATTER OTHERWISE
REQUIRES, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  A. "LOW-VOLUME ROAD" SHALL MEAN A  TOWN  HIGHWAY  OR  PORTION  THEREOF
LOCATED  IN A TOWN, WHEN SUCH HIGHWAY HAS AN AVERAGE DAILY TRAFFIC COUNT
OF LESS THAN FOUR HUNDRED MOTOR VEHICLES PER DAY. SUCH  TERM  SHALL  NOT
APPLY  TO  ANY  HIGHWAY  OR ROAD OR PORTION THEREOF WHICH HAS PREVIOUSLY
BEEN ABANDONED PURSUANT TO SUBDIVISION ONE OF SECTION TWO  HUNDRED  FIVE
OF  THIS  ARTICLE  BECAUSE  IT SHALL NOT HAVE BEEN USED OR TRAVELED AS A
HIGHWAY FOR SIX YEARS. LOW VOLUME ROADS MAY BE CLASSIFIED AS FOLLOWS:
  (I) "LOW-VOLUME COLLECTOR ROAD" SHALL  MEAN  A  LOW-VOLUME  ROAD  THAT
COLLECTS  TRAFFIC  FROM  ANY  OTHER  CLASSIFICATION AND CHANNELS IT TO A
HIGHER LEVEL ROAD, SUCH AS A STATE HIGHWAY, ARTERIAL OR INTERSTATE HIGH-
WAY.
  (II) "RESIDENTIAL ACCESS ROAD"  SHALL  MEAN  A  LOW-VOLUME  ROAD  THAT
PROVIDES  ACCESS  TO  RESIDENCES.   THE TRAFFIC GENERATED DEPENDS ON THE
NUMBER OF RESIDENCES. ALL YEAR ACCESS FOR EMERGENCY VEHICLES AND  SCHOOL
BUSES MUST BE PROVIDED.
  (III)  "RESOURCE/INDUSTRIAL  ACCESS ROAD" SHALL MEAN A LOW-VOLUME ROAD
THAT PROVIDES ACCESS TO FORESTS  OR  INDUSTRIAL  OR  MINING  OPERATIONS.
TRAFFIC  VOLUME  CAN VARY AND INCLUDE HEAVY TRUCKS, EXTRACTIVE MACHINERY
AND SIGNIFICANT NUMBERS OF EMPLOYEES' CARS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15721-03-0

A. 10377--A                         2

  (IV) "AGRICULTURAL LAND ACCESS ROAD" SHALL MEAN A LOW-VOLUME ROAD THAT
PROVIDES  ACCESS  TO  FARM  LAND.  TRAFFIC  VOLUMES  ARE  LOW  AND  VARY
SEASONALLY. SUCH ROADS SHALL ACCOMMODATE FARM EQUIPMENT.
  (V)"FARM ACCESS ROAD" SHALL MEAN A LOW-VOLUME ROAD THAT PROVIDES PRIN-
CIPAL  MOTOR  VEHICLE  ACCESS  FOR  THE  TRANSPORT OF GOODS AND SERVICES
NECESSARY FOR EFFECTIVE SUPPORT OF A FARM'S DAILY OPERATIONS TO AND FROM
THE PRIMARY LOCATION OR CENTER OF SUCH  OPERATIONS.  TRAFFIC  VOLUME  IS
GENERALLY  LOW,  SIGNIFICANTLY LESS THAN FOUR HUNDRED MOTOR VEHICLES PER
DAY, AND MAY INCLUDE OCCASIONAL HEAVY VEHICLES  AND  FARM  EQUIPMENT  AS
WELL AS OTHER MOTOR VEHICLES.
  (VI)  "RECREATION  LAND ACCESS ROAD" SHALL MEAN A LOW-VOLUME ROAD THAT
PROVIDES ACCESS TO RECREATIONAL LAND INCLUDING SEASONAL DWELLINGS, PARKS
AND RECREATIONAL LANDS. VOLUMES CAN VARY WITH  THE  TYPE  OF  RECREATION
FACILITY, ACTIVITY AND SEASON OF THE YEAR.
  B.  "MINIMUM MAINTENANCE ROAD" SHALL MEAN A LOW-VOLUME AGRICULTURAL OR
RECREATIONAL ACCESS ROAD OR PORTION THEREOF DESIGNATED BY  THE  TOWN  AS
MINIMUM  MAINTENANCE  PURSUANT TO THIS SECTION, EXCEPT FOR A FARM ACCESS
ROAD OR A ROAD WHICH PROVIDES ACCESS TO AN INDIVIDUAL  YEAR-ROUND  RESI-
DENCE  AT  THE TIME IT IS PROPOSED TO BE DESIGNATED MINIMUM MAINTENANCE.
IN NO WAY SHALL THE TERM "MINIMUM MAINTENANCE" BE CONSTRUED TO MEAN  "NO
MAINTENANCE"  OR "ABANDONMENT", HOWEVER, SUCH ROADS MAY BE CLOSED DURING
CERTAIN TIMES OF THE YEAR SUBJECT  TO  STANDARDS  ADOPTED  BY  THE  TOWN
BOARD.
  C.  "MOTOR  VEHICLE"  SHALL MEAN A MOTOR VEHICLE AS DEFINED BY SECTION
ONE HUNDRED TWENTY-FIVE OF THE VEHICLE AND TRAFFIC LAW.
  2. A. THE TOWN BOARD OF ANY TOWN MAY, BY RESOLUTION, DESIGNATE CERTAIN
TOWN HIGHWAYS AS LOW-VOLUME ROADS OR PORTIONS THEREOF  PURSUANT  TO  THE
CLASSIFICATIONS  DEFINED IN THIS SECTION. IN CLASSIFYING SUCH ROADS, THE
TOWN BOARD SHALL BASE THE CLASSIFICATION ON TRAFFIC  VOLUMES,  TYPES  OF
VEHICLES  USING  THE  ROAD  OR PORTION THEREOF, AND THE CURRENT ADJACENT
LAND USES. THE TOWN BOARD SHALL REFER PROPOSED  CLASSIFICATIONS  TO  THE
TOWN  HIGHWAY  SUPERINTENDENT AND THE TOWN PLANNING BOARD, IF PRESENT IN
SUCH TOWN.
  B. UPON RECEIPT OF THE PROPOSED RESOLUTION, THE  TOWN  HIGHWAY  SUPER-
INTENDENT AND, WHERE APPLICABLE, TOWN PLANNING BOARD, SHALL REPORT THEIR
RECOMMENDATIONS  TO  THE  TOWN  BOARD, ACCOMPANIED BY A STATEMENT OF THE
REASONS FOR SUCH RECOMMENDATIONS WITHIN FORTY-FIVE DAYS OF RECEIPT. UPON
RECEIPT OF THE RECOMMENDATIONS FROM THE TOWN HIGHWAY SUPERINTENDENT AND,
WHERE APPLICABLE, TOWN PLANNING BOARD, OR UPON THE EXPIRATION OF  FORTY-
FIVE  DAYS  FROM THE DATE THE PROPOSED RESOLUTION WAS REFERRED, THE TOWN
BOARD MAY ADOPT BY MAJORITY VOTE, THE LOCAL CLASSIFICATION RESOLUTION.
  3. A. THE TOWN BOARD OF ANY TOWN MAY, AFTER A PUBLIC HEARING, ADOPT  A
LOCAL  LAW  DESIGNATING ANY LOW-VOLUME ROAD OR PORTION THEREOF PROVIDING
AGRICULTURAL OR RECREATIONAL LAND ACCESS, EXCEPT FOR FARM  ACCESS  ROADS
OR  ROADS  THAT  PROVIDE ACCESS TO AN INDIVIDUAL YEAR-ROUND RESIDENCE AT
THE TIME OF DESIGNATION, AS A MINIMUM  MAINTENANCE  ROAD.  NO  SUCH  LAW
SHALL  RESTRICT  FARM OPERATIONS IN AN AGRICULTURAL DISTRICT. SUCH LOCAL
LAW SHALL NOT PREVENT THE STATE FROM MAINTAINING SUCH ROAD IF  THE  ROAD
PASSES  OVER, OR PROVIDES ACCESS TO, STATE LAND. NO SUCH LAW DESIGNATING
A MINIMUM MAINTENANCE ROAD SHALL BE EFFECTIVE UNTIL MINIMUM  MAINTENANCE
STANDARDS ARE ADOPTED AND SIGNS ARE POSTED ADVISING THE PUBLIC THAT SUCH
ROAD  IS  A MINIMUM MAINTENANCE ROAD. NO ROAD, ONCE DESIGNATED A MINIMUM
MAINTENANCE ROAD, SHALL BE DETERMINED TO HAVE BEEN ABANDONED PURSUANT TO
THE PROVISIONS OF SUBDIVISION ONE OF SECTION TWO HUNDRED  FIVE  OF  THIS
ARTICLE  SOLELY  BECAUSE  IT  HAS  BEEN DESIGNATED A MINIMUM MAINTENANCE
ROAD.

A. 10377--A                         3

  B. AT LEAST FORTY-FIVE DAYS PRIOR TO THE PUBLIC HEARING ON SUCH  LOCAL
LAW  THE TOWN BOARD HAVING JURISDICTION OVER SUCH ROAD SHALL ISSUE FIND-
INGS THAT SUCH ROAD OR PORTION THEREOF SHOULD BE  DESIGNATED  A  MINIMUM
MAINTENANCE ROAD. SUCH FINDINGS SHALL INCLUDE, BUT NOT BE LIMITED TO:
  (I) THE VOLUME AND TYPE OF MOTOR VEHICLE TRAFFIC ON SUCH ROAD;
  (II)  A  DETERMINATION  THAT  THE PROPERTY OWNERS OF LAND ABUTTING THE
ROAD SHALL CONTINUE TO HAVE ACCESS TO THEIR PROPERTY;
  (III) A DETERMINATION THAT THE  USERS  OF  THE  ROAD  TRAVELING  AT  A
REASONABLE  AND  PRUDENT  SPEED,  UNDER  THE CIRCUMSTANCES, SHALL NOT BE
PLACED IN A HAZARDOUS SITUATION;
  (IV) A DETERMINATION THAT SUCH ROAD,  OR  PORTION  THEREOF,  DOES  NOT
CONSTITUTE A FARM ACCESS ROAD AS DEFINED IN THIS SECTION;
  (V)  THE  EFFECT  OF SUCH DESIGNATION ON ANY FARM OPERATIONS DEPENDENT
UPON THE ROAD, AND THAT SUCH DESIGNATION DOES NOT  RESTRICT  FARM  OPER-
ATIONS IN AGRICULTURAL DISTRICTS; AND
  (VI)  THE  STANDARDS OF MAINTENANCE DEVELOPED IN CONSULTATION WITH THE
TOWN HIGHWAY SUPERINTENDENT TO BE PROVIDED FOR SUCH ROAD INCLUDING,  BUT
NOT LIMITED TO, THE INTENTION TO CLOSE SUCH ROAD DURING CERTAIN TIMES OF
THE YEAR.
  A COPY OF THE TOWN BOARD'S FINDINGS SHALL BE MADE AVAILABLE FOR PUBLIC
INSPECTION  IN THE TOWN CLERK'S OFFICE AND POSTED TO THE TOWN WEBSITE IF
AVAILABLE.
  A COPY OF THE FINDINGS SHALL BE SENT TO THE SCHOOL BOARD OF THE SCHOOL
DISTRICT IN WHICH EACH ROAD IS LOCATED AND TO THE TOWN  PLANNING  BOARD.
SUCH SCHOOL BOARD AND PLANNING BOARD MAY REVIEW THE FINDINGS OF THE TOWN
BOARD  AND  WITHIN FORTY-FIVE DAYS FILE WITH THE TOWN CLERK THEIR RECOM-
MENDATION AND FINDINGS. IN THE EVENT THE SCHOOL OR PLANNING BOARD  TAKES
NO  ACTION  WITHIN  THE  FORTY-FIVE DAY REVIEW PERIOD THE TOWN BOARD MAY
PROCEED WITHOUT SAID BOARD'S  RECOMMENDATION  AND  FINDINGS.  SCHOOL  OR
PLANNING  BOARD  REVIEW MAY BE WAIVED, SHORTENED OR EXTENDED UPON MUTUAL
CONSENT OF SAID BOARD AND THE TOWN BOARD. THE TOWN  BOARD  OF  THE  TOWN
MAY,  BY  RESOLUTION,  ACCEPT, ACCEPT IN PART, OR REJECT THE RECOMMENDA-
TIONS OF EITHER THE SCHOOL OR PLANNING BOARD PRIOR TO ANY VOTE UPON  THE
PROPOSED LOCAL LAW.
  A  COPY  OF THE FINDINGS SHALL ALSO BE SENT TO THE DEPARTMENT OF ENVI-
RONMENTAL CONSERVATION OR ANY  OTHER  RELEVANT  STATE  AGENCY  THAT  HAS
JURISDICTION  OVER  THE  LAND THAT THE ROAD PROPOSED TO BE DESIGNATED AS
MINIMUM MAINTENANCE PASSES OVER OR PROVIDES ACCESS TO.
  C. AT LEAST THIRTY DAYS PRIOR TO THE PUBLIC HEARING ON SUCH LOCAL LAW,
WRITTEN NOTICE OF SUCH HEARING, INCLUDING A  SUMMARY  OF  THE  FINDINGS,
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.
  D. THE TOWN CLERK SHALL GIVE NOTICE OF SUCH HEARING BY THE PUBLICATION
OF  A  NOTICE  IN  AT  LEAST ONE NEWSPAPER OF GENERAL CIRCULATION IN THE
TOWN, AND POST SUCH NOTICE ON THE TOWN WEBSITE IF AVAILABLE,  SPECIFYING
THE  TIME  WHEN  AND  THE  PLACE WHERE SUCH HEARING WILL BE HELD, AND IN
GENERAL TERMS DESCRIBING THE PROPOSED RESOLUTION. SUCH NOTICE  SHALL  BE
PUBLISHED  ONCE  AT  LEAST FIVE DAYS PRIOR TO THE DAY SPECIFIED FOR SUCH
HEARING.
  4. A ROAD OR ROAD SEGMENT, WHICH HAS BEEN DESIGNATED  MINIMUM  MAINTE-
NANCE,  SHALL  BE MAINTAINED AT A LEVEL WHICH ALLOWS THE ROAD TO BE MADE
PASSABLE AND FUNCTIONAL IN A  MANNER  DETERMINED  BY  THE  TOWN  HIGHWAY
SUPERINTENDENT  IN  ACCORDANCE WITH THE STANDARDS DEVELOPED IN CONSULTA-
TION WITH THE TOWN HIGHWAY SUPERINTENDENT AND ADOPTED BY THE TOWN  BOARD
TO  BE  CONSISTENT WITH THE VOLUME AND TYPE OF TRAFFIC TRAVELING ON SUCH

A. 10377--A                         4

ROAD.  SUCH STANDARDS SHALL NOT RESTRICT ACCESS TO FARMLAND  BY  A  FARM
OPERATION ELIGIBLE FOR AGRICULTURAL ASSESSMENT PURSUANT TO ARTICLE TWEN-
TY-FIVE-AA  OF THE AGRICULTURE AND MARKETS LAW.  NORMAL ROAD MAINTENANCE
PRACTICES  INCLUDING,  BUT NOT LIMITED TO, SNOW AND ICE REMOVAL, PAVING,
PATCHING, BLADING, DRAGGING  OR  MOWING  MAY  BE  DONE  LESS  FREQUENTLY
DEPENDING UPON THE EXISTING CONDITIONS AND USE OF THE ROAD BUT SHALL, AT
A  MINIMUM, BE CONSISTENT WITH THE STANDARDS AND GUIDELINES DEVELOPED BY
THE LOCAL ROADS RESEARCH AND COORDINATION COUNCIL PURSUANT  TO  CHAPTERS
FIVE  HUNDRED  SIXTY-FIVE AND SIX HUNDRED FIFTY-TWO OF THE LAWS OF NINE-
TEEN HUNDRED NINETY OR OTHER SUPERSEDING STANDARDS OR GUIDELINES  DEVEL-
OPED  PURSUANT TO STATE LAW. MINIMUM MAINTENANCE ROADS SHALL CONTINUE TO
BE PART OF THE TOWN HIGHWAY SYSTEM.
  5. A. ANY PERSON OR PERSONS OWNING OR OCCUPYING REAL PROPERTY ABUTTING
A ROAD OR PORTION THEREOF WHICH HAS BEEN DESIGNATED  A  MINIMUM  MAINTE-
NANCE  ROAD  MAY PETITION THE TOWN HAVING JURISDICTION OVER SUCH ROAD OR
PORTION THEREOF TO DISCONTINUE THE DESIGNATION OF SUCH ROAD AS A MINIMUM
MAINTENANCE ROAD OR TO MODIFY THE  STANDARDS  OF  MAINTENANCE  FOR  SUCH
ROAD.  SUCH  PETITION  SHALL  BE FILED WITH THE CLERK OF THE TOWN HAVING
JURISDICTION OVER SUCH ROAD. 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 OR MODIFICATION.  THE TOWN
BOARD HAVING JURISDICTION OVER SUCH ROAD SHALL  HOLD  A  PUBLIC  HEARING
UPON  SUCH PETITION WITHIN THIRTY DAYS AFTER ITS RECEIPT. THE TOWN CLERK
SHALL GIVE NOTICE OF SUCH HEARING BY THE PUBLICATION OF A NOTICE  IN  AT
LEAST  ONE  NEWSPAPER  OF GENERAL CIRCULATION IN THE TOWN, AND POST SUCH
NOTICE ON THE TOWN WEBSITE IF AVAILABLE, SPECIFYING THE  TIME  WHEN  AND
THE PLACE WHERE SUCH HEARING WILL BE HELD, AND IN GENERAL TERMS DESCRIB-
ING  THE  PROPOSED  RESOLUTION.   SUCH NOTICE SHALL BE PUBLISHED ONCE AT
LEAST FIVE DAYS PRIOR TO THE DAY SPECIFIED FOR SUCH HEARING.
  B. IN THE EVENT THE TOWN BOARD, AFTER SUCH PUBLIC HEARING,  DETERMINES
THAT  SUCH  DESIGNATION  OR STANDARDS SHALL CONTINUE UNCHANGED, NO ADDI-
TIONAL PETITION MAY BE SUBMITTED BY A PERSON OR PERSONS PURSUANT TO THIS
SECTION UNTIL THE LAPSE OF AT LEAST TWENTY-FOUR MONTHS FROM THE DATE  OF
THE FILING OF THE PREVIOUS PETITION FILED BY SUCH PERSON OR PERSONS.
  C.  THE TOWN BOARD HAVING JURISDICTION OVER A MINIMUM MAINTENANCE ROAD
MAY ADOPT A LOCAL LAW DISCONTINUING SUCH MINIMUM MAINTENANCE ROAD DESIG-
NATION IN THE EVENT IT DETERMINES  SUCH  DISCONTINUANCE  TO  BE  IN  THE
PUBLIC INTEREST.
  6.  WHERE THE MINIMUM MAINTENANCE ROAD DESIGNATION IS DISCONTINUED, OR
A LOW-VOLUME ROAD CLASSIFICATION IS CHANGED, ROAD IMPROVEMENTS  MAY,  IN
ADDITION  TO  OTHER FINANCING MECHANISMS AVAILABLE FOR ROAD CONSTRUCTION
PROJECTS, BE UNDERTAKEN IN ACCORDANCE WITH SECTION TWO  HUNDRED  OF  THE
TOWN LAW.
  S  2.  The  vehicle and traffic law is amended by adding a new section
124 to read as follows:
  S 124. MINIMUM MAINTENANCE ROAD. A LOW-VOLUME ROAD OR PORTION  THEREOF
WHICH  IS  DESIGNATED  BY  THE  TOWN  HAVING JURISDICTION OVER SUCH ROAD
PURSUANT TO SECTION TWO HUNDRED FIVE-C OF THE HIGHWAY LAW.
  S 3. Subdivision (a) of section 1683 of the vehicle and traffic law is
amended by adding a new paragraph 18 to read as follows:
  18. DESIGNATE A ROAD OR PORTION THEREOF AS A MINIMUM MAINTENANCE ROAD.
  S 4. This act shall take effect on the one hundred twentieth day after
it shall have become a law, provided, however, that effective immediate-
ly, the addition, amendment and/or repeal  of  any  rule  or  regulation
necessary  for  the  implementation of this act on its effective date is
authorized to be made and completed on or before such date.

co-Sponsors

2009-A10377B (ACTIVE) - Details

See Senate Version of this Bill:: S7181
Current Committee:: Assembly Transportation
Law Section:: Highway Law
Laws Affected:: Add §205-c, Hway L; add §124, amd §1683, V & T L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A836, A6325
2013-2014: A1407
2015-2016: A1837
2017-2018: A418
2019-2020: A3724
2021-2022: A326
2023-2024: A2225

2009-A10377B (ACTIVE) - Summary

Permits the designation of low volume roads and minimum maintenance roads by town boards and enacts provisions relating to the maintenance, improvement and repair of such roads.

2009-A10377B (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                10377--B

                          I N  A S S E M B L Y

                             March 22, 2010
                               ___________

Introduced  by M. of A. DESTITO, KOON, LIFTON, BACALLES, BURLING -- read
  once and referred to the  Committee  on  Transportation  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee  -- again reported from said committee with amend-
  ments, ordered reprinted as amended and recommitted to said committee

AN ACT to amend the highway law and the  vehicle  and  traffic  law,  in
  relation  to  the  maintenance, improvement and repair of certain town
  highways

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The highway law is amended by adding a new section 205-c to
read as follows:
  S 205-C. LOW VOLUME ROADS. 1. WHEN USED IN THIS SECTION, UNLESS OTHER-
WISE EXPRESSLY STATED, OR UNLESS THE CONTEXT OR SUBJECT MATTER OTHERWISE
REQUIRES, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  A.  "LOW-VOLUME  ROAD"  SHALL  MEAN  A TOWN HIGHWAY OR PORTION THEREOF
LOCATED IN A TOWN, WHEN SUCH HIGHWAY HAS AN AVERAGE DAILY TRAFFIC  COUNT
OF  LESS  THAN  FOUR HUNDRED MOTOR VEHICLES PER DAY. SUCH TERM SHALL NOT
APPLY TO ANY HIGHWAY OR ROAD OR PORTION  THEREOF  WHICH  HAS  PREVIOUSLY
BEEN  ABANDONED  PURSUANT TO SUBDIVISION ONE OF SECTION TWO HUNDRED FIVE
OF THIS ARTICLE BECAUSE IT SHALL NOT HAVE BEEN USED  OR  TRAVELED  AS  A
HIGHWAY FOR SIX YEARS. LOW VOLUME ROADS MAY BE CLASSIFIED AS FOLLOWS:
  (I)  "LOW-VOLUME  COLLECTOR  ROAD"  SHALL  MEAN A LOW-VOLUME ROAD THAT
COLLECTS TRAFFIC FROM ANY OTHER CLASSIFICATION  AND  CHANNELS  IT  TO  A
HIGHER LEVEL ROAD, SUCH AS A STATE HIGHWAY, ARTERIAL OR INTERSTATE HIGH-
WAY.
  (II)  "RESIDENTIAL  ACCESS  ROAD"  SHALL  MEAN  A LOW-VOLUME ROAD THAT
PROVIDES ACCESS TO RESIDENCES.   THE TRAFFIC GENERATED  DEPENDS  ON  THE
NUMBER  OF RESIDENCES. ALL YEAR ACCESS FOR EMERGENCY VEHICLES AND SCHOOL
BUSES MUST BE PROVIDED.
  (III) "RESOURCE/INDUSTRIAL ACCESS ROAD" SHALL MEAN A  LOW-VOLUME  ROAD
THAT  PROVIDES  ACCESS  TO  FORESTS  OR INDUSTRIAL OR MINING OPERATIONS.
TRAFFIC VOLUME CAN VARY AND INCLUDE HEAVY TRUCKS,  EXTRACTIVE  MACHINERY
AND SIGNIFICANT NUMBERS OF EMPLOYEES' CARS.
  (IV) "AGRICULTURAL LAND ACCESS ROAD" SHALL MEAN A LOW-VOLUME ROAD THAT
PROVIDES  ACCESS  TO  FARM  LAND.  TRAFFIC  VOLUMES  ARE  LOW  AND  VARY
SEASONALLY. SUCH ROADS SHALL ACCOMMODATE FARM EQUIPMENT.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15721-04-0

A. 10377--B                         2

  (V)"FARM ACCESS ROAD" SHALL MEAN A LOW-VOLUME ROAD THAT PROVIDES PRIN-
CIPAL MOTOR VEHICLE ACCESS FOR  THE  TRANSPORT  OF  GOODS  AND  SERVICES
NECESSARY FOR EFFECTIVE SUPPORT OF A FARM'S DAILY OPERATIONS TO AND FROM
THE  PRIMARY  LOCATION  OR  CENTER OF SUCH OPERATIONS. TRAFFIC VOLUME IS
GENERALLY  LOW,  SIGNIFICANTLY LESS THAN FOUR HUNDRED MOTOR VEHICLES PER
DAY, AND MAY INCLUDE OCCASIONAL HEAVY VEHICLES  AND  FARM  EQUIPMENT  AS
WELL AS OTHER MOTOR VEHICLES.
  (VI)  "RECREATION  LAND ACCESS ROAD" SHALL MEAN A LOW-VOLUME ROAD THAT
PROVIDES ACCESS TO RECREATIONAL LAND INCLUDING SEASONAL DWELLINGS, PARKS
AND RECREATIONAL LANDS. VOLUMES CAN VARY WITH  THE  TYPE  OF  RECREATION
FACILITY, ACTIVITY AND SEASON OF THE YEAR.
  B.  "MINIMUM MAINTENANCE ROAD" SHALL MEAN A LOW-VOLUME AGRICULTURAL OR
RECREATIONAL ACCESS ROAD OR PORTION THEREOF WITH AN AVERAGE DAILY  TRAF-
FIC  COUNT  OF  LESS THAN FIFTY MOTOR VEHICLES PER DAY DESIGNATED BY THE
TOWN AS MINIMUM MAINTENANCE PURSUANT TO THIS SECTION, EXCEPT FOR A  FARM
ACCESS  ROAD OR A ROAD WHICH PROVIDES ACCESS TO AN INDIVIDUAL YEAR-ROUND
RESIDENCE AT THE TIME IT IS PROPOSED TO BE  DESIGNATED  MINIMUM  MAINTE-
NANCE.  IN  NO  WAY SHALL THE TERM "MINIMUM MAINTENANCE" BE CONSTRUED TO
MEAN "NO MAINTENANCE" OR  "ABANDONMENT",  HOWEVER,  SUCH  ROADS  MAY  BE
CLOSED  DURING CERTAIN TIMES OF THE YEAR SUBJECT TO STANDARDS ADOPTED BY
THE TOWN BOARD.
  C. "MOTOR VEHICLE" SHALL MEAN A MOTOR VEHICLE AS  DEFINED  BY  SECTION
ONE HUNDRED TWENTY-FIVE OF THE VEHICLE AND TRAFFIC LAW.
  2. A. THE TOWN BOARD OF ANY TOWN MAY, BY RESOLUTION, DESIGNATE CERTAIN
TOWN  HIGHWAYS  AS  LOW-VOLUME ROADS OR PORTIONS THEREOF PURSUANT TO THE
CLASSIFICATIONS DEFINED IN THIS SECTION. IN CLASSIFYING SUCH ROADS,  THE
TOWN  BOARD  SHALL  BASE THE CLASSIFICATION ON TRAFFIC VOLUMES, TYPES OF
VEHICLES USING THE ROAD OR PORTION THEREOF,  AND  THE  CURRENT  ADJACENT
LAND  USES.  THE  TOWN BOARD SHALL REFER PROPOSED CLASSIFICATIONS TO THE
TOWN HIGHWAY SUPERINTENDENT AND THE TOWN PLANNING BOARD, IF  PRESENT  IN
SUCH TOWN.
  B.  UPON  RECEIPT  OF THE PROPOSED RESOLUTION, THE TOWN HIGHWAY SUPER-
INTENDENT AND, WHERE APPLICABLE, TOWN PLANNING BOARD, SHALL REPORT THEIR
RECOMMENDATIONS TO THE TOWN BOARD, ACCOMPANIED BY  A  STATEMENT  OF  THE
REASONS FOR SUCH RECOMMENDATIONS WITHIN FORTY-FIVE DAYS OF RECEIPT. UPON
RECEIPT OF THE RECOMMENDATIONS FROM THE TOWN HIGHWAY SUPERINTENDENT AND,
WHERE  APPLICABLE, TOWN PLANNING BOARD, OR UPON THE EXPIRATION OF FORTY-
FIVE DAYS FROM THE DATE THE PROPOSED RESOLUTION WAS REFERRED,  THE  TOWN
BOARD MAY ADOPT BY MAJORITY VOTE, THE LOCAL CLASSIFICATION RESOLUTION.
  3.  A. THE TOWN BOARD OF ANY TOWN MAY, AFTER A PUBLIC HEARING, ADOPT A
LOCAL LAW DESIGNATING ANY LOW-VOLUME ROAD OR PORTION  THEREOF  PROVIDING
AGRICULTURAL  OR  RECREATIONAL LAND ACCESS, EXCEPT FOR FARM ACCESS ROADS
OR ROADS THAT PROVIDE ACCESS TO AN INDIVIDUAL  YEAR-ROUND  RESIDENCE  AT
THE  TIME  OF  DESIGNATION,  AS  A MINIMUM MAINTENANCE ROAD. NO SUCH LAW
SHALL RESTRICT FARM OPERATIONS IN AN AGRICULTURAL DISTRICT.  SUCH  LOCAL
LAW  SHALL  NOT PREVENT THE STATE FROM MAINTAINING SUCH ROAD IF THE ROAD
PASSES OVER, OR PROVIDES ACCESS TO, STATE LAND. NO SUCH LAW  DESIGNATING
A  MINIMUM MAINTENANCE ROAD SHALL BE EFFECTIVE UNTIL MINIMUM MAINTENANCE
STANDARDS ARE ADOPTED AND SIGNS ARE POSTED ADVISING THE PUBLIC THAT SUCH
ROAD IS A MINIMUM MAINTENANCE ROAD. NO ROAD, ONCE DESIGNATED  A  MINIMUM
MAINTENANCE ROAD, SHALL BE DETERMINED TO HAVE BEEN ABANDONED PURSUANT TO
THE  PROVISIONS  OF  SUBDIVISION ONE OF SECTION TWO HUNDRED FIVE OF THIS
ARTICLE SOLELY BECAUSE IT HAS  BEEN  DESIGNATED  A  MINIMUM  MAINTENANCE
ROAD.
  B.  AT LEAST FORTY-FIVE DAYS PRIOR TO THE PUBLIC HEARING ON SUCH LOCAL
LAW THE TOWN BOARD HAVING JURISDICTION OVER SUCH ROAD SHALL ISSUE  FIND-

A. 10377--B                         3

INGS  THAT  SUCH  ROAD OR PORTION THEREOF SHOULD BE DESIGNATED A MINIMUM
MAINTENANCE ROAD. SUCH FINDINGS SHALL INCLUDE, BUT NOT BE LIMITED TO:
  (I) THE VOLUME AND TYPE OF MOTOR VEHICLE TRAFFIC ON SUCH ROAD;
  (II)  A  DETERMINATION  THAT  THE PROPERTY OWNERS OF LAND ABUTTING THE
ROAD SHALL CONTINUE TO HAVE ACCESS TO THEIR PROPERTY;
  (III) A DETERMINATION THAT THE  USERS  OF  THE  ROAD  TRAVELING  AT  A
REASONABLE  AND  PRUDENT  SPEED,  UNDER  THE CIRCUMSTANCES, SHALL NOT BE
PLACED IN A HAZARDOUS SITUATION;
  (IV) A DETERMINATION THAT SUCH ROAD,  OR  PORTION  THEREOF,  DOES  NOT
CONSTITUTE A FARM ACCESS ROAD AS DEFINED IN THIS SECTION;
  (V)  THE  EFFECT  OF SUCH DESIGNATION ON ANY FARM OPERATIONS DEPENDENT
UPON THE ROAD, AND THAT SUCH DESIGNATION DOES NOT  RESTRICT  FARM  OPER-
ATIONS IN AGRICULTURAL DISTRICTS; AND
  (VI)  THE  STANDARDS OF MAINTENANCE DEVELOPED IN CONSULTATION WITH THE
TOWN HIGHWAY SUPERINTENDENT TO BE PROVIDED FOR SUCH ROAD INCLUDING,  BUT
NOT LIMITED TO, THE INTENTION TO CLOSE SUCH ROAD DURING CERTAIN TIMES OF
THE YEAR.
  A COPY OF THE TOWN BOARD'S FINDINGS SHALL BE MADE AVAILABLE FOR PUBLIC
INSPECTION  IN THE TOWN CLERK'S OFFICE AND POSTED TO THE TOWN WEBSITE IF
AVAILABLE.
  A COPY OF THE FINDINGS SHALL BE SENT TO THE SCHOOL BOARD OF THE SCHOOL
DISTRICT IN WHICH EACH ROAD IS LOCATED AND TO THE TOWN  PLANNING  BOARD.
SUCH SCHOOL BOARD AND PLANNING BOARD MAY REVIEW THE FINDINGS OF THE TOWN
BOARD  AND  WITHIN FORTY-FIVE DAYS FILE WITH THE TOWN CLERK THEIR RECOM-
MENDATION AND FINDINGS. IN THE EVENT THE SCHOOL OR PLANNING BOARD  TAKES
NO  ACTION  WITHIN  THE  FORTY-FIVE DAY REVIEW PERIOD THE TOWN BOARD MAY
PROCEED WITHOUT SAID BOARD'S  RECOMMENDATION  AND  FINDINGS.  SCHOOL  OR
PLANNING  BOARD  REVIEW MAY BE WAIVED, SHORTENED OR EXTENDED UPON MUTUAL
CONSENT OF SAID BOARD AND THE TOWN BOARD. THE TOWN  BOARD  OF  THE  TOWN
MAY,  BY  RESOLUTION,  ACCEPT, ACCEPT IN PART, OR REJECT THE RECOMMENDA-
TIONS OF EITHER THE SCHOOL OR PLANNING BOARD PRIOR TO ANY VOTE UPON  THE
PROPOSED LOCAL LAW.
  A  COPY  OF THE FINDINGS SHALL ALSO BE SENT TO THE DEPARTMENT OF ENVI-
RONMENTAL CONSERVATION OR ANY  OTHER  RELEVANT  STATE  AGENCY  THAT  HAS
JURISDICTION  OVER  THE  LAND THAT THE ROAD PROPOSED TO BE DESIGNATED AS
MINIMUM MAINTENANCE PASSES OVER OR PROVIDES ACCESS TO.
  C. AT LEAST THIRTY DAYS PRIOR TO THE PUBLIC HEARING ON SUCH LOCAL LAW,
WRITTEN NOTICE OF SUCH HEARING, INCLUDING A  SUMMARY  OF  THE  FINDINGS,
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.
  D. THE TOWN CLERK SHALL GIVE NOTICE OF SUCH HEARING BY THE PUBLICATION
OF  A  NOTICE  IN  AT  LEAST ONE NEWSPAPER OF GENERAL CIRCULATION IN THE
TOWN, AND POST SUCH NOTICE ON THE TOWN WEBSITE IF AVAILABLE,  SPECIFYING
THE  TIME  WHEN  AND  THE  PLACE WHERE SUCH HEARING WILL BE HELD, AND IN
GENERAL TERMS DESCRIBING THE PROPOSED RESOLUTION. SUCH NOTICE  SHALL  BE
PUBLISHED  ONCE  AT  LEAST FIVE DAYS PRIOR TO THE DAY SPECIFIED FOR SUCH
HEARING.
  4. A ROAD OR ROAD SEGMENT, WHICH HAS BEEN DESIGNATED  MINIMUM  MAINTE-
NANCE,  SHALL  BE MAINTAINED AT A LEVEL WHICH ALLOWS THE ROAD TO BE MADE
PASSABLE AND FUNCTIONAL IN A  MANNER  DETERMINED  BY  THE  TOWN  HIGHWAY
SUPERINTENDENT  IN  ACCORDANCE WITH THE STANDARDS DEVELOPED IN CONSULTA-
TION WITH THE TOWN HIGHWAY SUPERINTENDENT AND ADOPTED BY THE TOWN  BOARD
TO  BE  CONSISTENT WITH THE VOLUME AND TYPE OF TRAFFIC TRAVELING ON SUCH
ROAD.  SUCH STANDARDS SHALL NOT RESTRICT ACCESS TO FARMLAND  BY  A  FARM
OPERATION ELIGIBLE FOR AGRICULTURAL ASSESSMENT PURSUANT TO ARTICLE TWEN-

A. 10377--B                         4

TY-FIVE-AA  OF THE AGRICULTURE AND MARKETS LAW.  NORMAL ROAD MAINTENANCE
PRACTICES INCLUDING, BUT NOT LIMITED TO, SNOW AND ICE  REMOVAL,  PAVING,
PATCHING,  BLADING,  DRAGGING  OR  MOWING  MAY  BE  DONE LESS FREQUENTLY
DEPENDING UPON THE EXISTING CONDITIONS AND USE OF THE ROAD BUT SHALL, AT
A  MINIMUM, BE CONSISTENT WITH THE STANDARDS AND GUIDELINES DEVELOPED BY
THE LOCAL ROADS RESEARCH AND COORDINATION COUNCIL PURSUANT  TO  CHAPTERS
FIVE  HUNDRED  SIXTY-FIVE AND SIX HUNDRED FIFTY-TWO OF THE LAWS OF NINE-
TEEN HUNDRED NINETY OR OTHER SUPERSEDING STANDARDS OR GUIDELINES  DEVEL-
OPED  PURSUANT TO STATE LAW. MINIMUM MAINTENANCE ROADS SHALL CONTINUE TO
BE PART OF THE TOWN HIGHWAY SYSTEM.
  5. A. ANY PERSON OR PERSONS OWNING OR OCCUPYING REAL PROPERTY ABUTTING
A ROAD OR PORTION THEREOF WHICH HAS BEEN DESIGNATED  A  MINIMUM  MAINTE-
NANCE  ROAD  MAY PETITION THE TOWN HAVING JURISDICTION OVER SUCH ROAD OR
PORTION THEREOF TO DISCONTINUE THE DESIGNATION OF SUCH ROAD AS A MINIMUM
MAINTENANCE ROAD OR TO MODIFY THE  STANDARDS  OF  MAINTENANCE  FOR  SUCH
ROAD.  SUCH  PETITION  SHALL  BE FILED WITH THE CLERK OF THE TOWN HAVING
JURISDICTION OVER SUCH ROAD. 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 OR MODIFICATION.  THE TOWN
BOARD HAVING JURISDICTION OVER SUCH ROAD SHALL  HOLD  A  PUBLIC  HEARING
UPON  SUCH PETITION WITHIN THIRTY DAYS AFTER ITS RECEIPT. THE TOWN CLERK
SHALL GIVE NOTICE OF SUCH HEARING BY THE PUBLICATION OF A NOTICE  IN  AT
LEAST  ONE  NEWSPAPER  OF GENERAL CIRCULATION IN THE TOWN, AND POST SUCH
NOTICE ON THE TOWN WEBSITE IF AVAILABLE, SPECIFYING THE  TIME  WHEN  AND
THE PLACE WHERE SUCH HEARING WILL BE HELD, AND IN GENERAL TERMS DESCRIB-
ING  THE  PROPOSED  RESOLUTION.   SUCH NOTICE SHALL BE PUBLISHED ONCE AT
LEAST FIVE DAYS PRIOR TO THE DAY SPECIFIED FOR SUCH HEARING.
  B. IN THE EVENT THE TOWN BOARD, AFTER SUCH PUBLIC HEARING,  DETERMINES
THAT  SUCH  DESIGNATION  OR STANDARDS SHALL CONTINUE UNCHANGED, NO ADDI-
TIONAL PETITION MAY BE SUBMITTED BY A PERSON OR PERSONS PURSUANT TO THIS
SECTION UNTIL THE LAPSE OF AT LEAST TWENTY-FOUR MONTHS FROM THE DATE  OF
THE FILING OF THE PREVIOUS PETITION FILED BY SUCH PERSON OR PERSONS.
  C.  THE TOWN BOARD HAVING JURISDICTION OVER A MINIMUM MAINTENANCE ROAD
MAY ADOPT A LOCAL LAW DISCONTINUING SUCH MINIMUM MAINTENANCE ROAD DESIG-
NATION IN THE EVENT IT DETERMINES  SUCH  DISCONTINUANCE  TO  BE  IN  THE
PUBLIC INTEREST.
  6.  WHERE THE MINIMUM MAINTENANCE ROAD DESIGNATION IS DISCONTINUED, OR
A LOW-VOLUME ROAD CLASSIFICATION IS CHANGED, ROAD IMPROVEMENTS  MAY,  IN
ADDITION  TO  OTHER FINANCING MECHANISMS AVAILABLE FOR ROAD CONSTRUCTION
PROJECTS, BE UNDERTAKEN IN ACCORDANCE WITH SECTION TWO  HUNDRED  OF  THE
TOWN LAW.
  S  2.  The  vehicle and traffic law is amended by adding a new section
124 to read as follows:
  S 124. MINIMUM MAINTENANCE ROAD. A LOW-VOLUME ROAD OR PORTION  THEREOF
WHICH  IS  DESIGNATED  BY  THE  TOWN  HAVING JURISDICTION OVER SUCH ROAD
PURSUANT TO SECTION TWO HUNDRED FIVE-C OF THE HIGHWAY LAW.
  S 3. Subdivision (a) of section 1683 of the vehicle and traffic law is
amended by adding a new paragraph 18 to read as follows:
  18. DESIGNATE A ROAD OR PORTION THEREOF AS A MINIMUM MAINTENANCE ROAD.
  S 4. This act shall take effect on the one hundred twentieth day after
it shall have become a law, provided, however, that effective immediate-
ly, the addition, amendment and/or repeal  of  any  rule  or  regulation
necessary  for  the  implementation of this act on its effective date is
authorized to be made and completed on or before such date.

Assembly Bill A10377

Sponsored By

Archive: Last Bill Status - In Assembly Committee

Bill Amendments

co-Sponsors

2009-A10377 - Details

2009-A10377 - Summary

2009-A10377 - Sponsor Memo

2009-A10377 - Bill Text download pdf

co-Sponsors

2009-A10377A - Details

2009-A10377A - Summary

2009-A10377A - Sponsor Memo

2009-A10377A - Bill Text download pdf

co-Sponsors

2009-A10377B (ACTIVE) - Details

2009-A10377B (ACTIVE) - Summary

2009-A10377B (ACTIVE) - Bill Text download pdf

Comments

Assembly Bill A10377

Share this bill

Sponsored By

DESTITO

Archive: Last Bill Status - In Assembly Committee

Bill Amendments

co-Sponsors

David Koon

Barbara Lifton

James Bacalles

Daniel Burling

2009-A10377 - Details

2009-A10377 - Summary

2009-A10377 - Sponsor Memo

2009-A10377 - Bill Text download pdf

co-Sponsors

David Koon

Barbara Lifton

James Bacalles

Daniel Burling

2009-A10377A - Details

2009-A10377A - Summary

2009-A10377A - Sponsor Memo

2009-A10377A - Bill Text download pdf

co-Sponsors

David Koon

Barbara Lifton

James Bacalles

Daniel Burling

2009-A10377B (ACTIVE) - Details

2009-A10377B (ACTIVE) - Summary

2009-A10377B (ACTIVE) - Bill Text download pdf

Comments