S T A T E O F N E W Y O R K
________________________________________________________________________
7181--B
Cal. No. 371
I N S E N A T E
March 19, 2010
___________
Introduced by Sens. AUBERTINE, VALESKY, WINNER -- (at request of the
Legislative Commission on Rural Resources) -- read twice and ordered
printed, and when printed to be committed to the Committee on Trans-
portation -- reported favorably from said committee, ordered to first
and second report, ordered to a third reading, amended and ordered
reprinted, retaining its place in the order of third reading -- again
amended and ordered reprinted, retaining its place in the order of
third reading
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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15721-05-0
S. 7181--B 2
(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.
(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
S. 7181--B 3
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;
(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.
S. 7181--B 4
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-
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:
S. 7181--B 5
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.
