S T A T E O F N E W Y O R K
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7839
2009-2010 Regular Sessions
I N A S S E M B L Y
April 24, 2009
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Introduced by M. of A. KOON, LIFTON, BACALLES, BURLING, GUNTHER -- read
once and referred to the Committee on Transportation
AN ACT to amend the highway law, in relation to limited use highways;
and to repeal section 205-a of such law relating to seasonal limited
use highways
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 205-a of the highway law is REPEALED and a new
section 205-a is added to read as follows:
S 205-A. LIMITED USE HIGHWAYS. 1. SEASONAL LIMITED USE HIGHWAY. A
SEASONAL LIMITED USE HIGHWAY SHALL BE A TOWN HIGHWAY WITHOUT AN OPERAT-
ING FARM CENTER, RESIDENCE APPROVED FOR YEAR-ROUND OCCUPANCY OR COMMER-
CIAL BUILDING DEPENDENT UPON SUCH HIGHWAY FOR ACCESS ON WHICH THE TOWN
MAY TEMPORARILY DISCONTINUE SNOW AND ICE REMOVAL, AND MAINTENANCE FOR A
DESIGNATED PERIOD. THE TOWN SUPERINTENDENT IS AUTHORIZED TO ANNUALLY
DESIGNATE, ON OR BEFORE THE FIRST DAY OF NOVEMBER, A TOWN HIGHWAY, OR
PORTION THEREOF, AS A SEASONAL LIMITED USE HIGHWAY, AND TO TEMPORARILY
DISCONTINUE SNOW AND ICE REMOVAL AND MAINTENANCE ON SUCH HIGHWAY OR
PORTION THEREOF SO DESIGNATED FROM THE FIRST DAY OF DECEMBER UNTIL THE
FIRST DAY OF APRIL. ALL SEASONAL LIMITED USE HIGHWAYS SHALL BE APPROPRI-
ATELY POSTED IN ACCORDANCE WITH TITLE SEVENTEEN OF THE NEW YORK STATE
CODES, RULES AND REGULATIONS.
2. MINIMUM MAINTENANCE LIMITED USE HIGHWAY. A. A MINIMUM MAINTENANCE
LIMITED USE HIGHWAY SHALL BE A HIGHWAY USED PRINCIPALLY OR EXCLUSIVELY
FOR AGRICULTURAL OR RECREATIONAL LAND ACCESS. A HIGHWAY OR PORTION
THEREOF WHICH HAS BEEN SO DESIGNATED BY THE TOWN BOARD SHALL BE MAIN-
TAINED AT A LEVEL WHICH ALLOWS SUCH HIGHWAY TO REMAIN PASSABLE AND FUNC-
TIONAL IN ACCORDANCE WITH STANDARDS ADOPTED BY THE TOWN BOARD. NO PAVED
HIGHWAY, OR HIGHWAY PROVIDING ACCESS TO AN OPERATING FARM CENTER, RESI-
DENCE APPROVED FOR YEAR-ROUND OCCUPANCY OR COMMERCIAL BUILDING SHALL BE
DESIGNATED AS A MINIMUM MAINTENANCE LIMITED USE HIGHWAY. THE TOWN BOARD
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02278-01-9
A. 7839 2
MAY, BY RESOLUTION, DIRECT THE TOWN SUPERINTENDENT TO ESTABLISH REGU-
LATIONS PROVIDING FOR THE DESIGNATION AND MAINTENANCE OF HIGHWAYS, OR
PORTIONS THEREOF, AS MINIMUM MAINTENANCE LIMITED USE HIGHWAYS. WITHIN
THIRTY DAYS AFTER THE PRESENTATION BY THE TOWN SUPERINTENDENT OF
PROPOSED TOWN REGULATIONS PROVIDING FOR THE DESIGNATION AND MAINTENANCE
OF MINIMUM MAINTENANCE LIMITED USE HIGHWAYS, THE TOWN BOARD MAY ADOPT BY
LOCAL LAW THE REGULATIONS AS PRESENTED OR AMENDED.
B. IN THE EVENT THE TOWN SUPERINTENDENT DETERMINES THAT A HIGHWAY, OR
PORTION THEREOF, COMPLIES WITH THE REGULATIONS ESTABLISHED BY THE TOWN
BOARD FOR MINIMUM MAINTENANCE LIMITED USE HIGHWAYS, SUCH SUPERINTENDENT
MAY PETITION THE TOWN BOARD TO DESIGNATE SUCH HIGHWAY, OR PORTION THERE-
OF, AS A MINIMUM MAINTENANCE LIMITED USE HIGHWAY. THE TOWN BOARD MAY
THEREAFTER ADOPT A LOCAL LAW DESIGNATING SUCH HIGHWAY, OR PORTION THERE-
OF, AS A MINIMUM MAINTENANCE LIMITED USE HIGHWAY, AND NOTICE SHALL BE
GIVEN, BY CERTIFIED MAIL, TO EVERY OWNER OF REAL PROPERTY, AS DETERMINED
BY THE LATEST COMPLETED ASSESSMENT ROLL, ABUTTING THE PROPOSED MINIMUM
MAINTENANCE LIMITED USE HIGHWAY, OR PORTION THEREOF. IN THE EVENT SUCH
LOCAL LAW IS ADOPTED AND UPON THE EFFECTIVE DATE OF SUCH LOCAL LAW, SUCH
HIGHWAY SHALL THEREAFTER BE MAINTAINED IN ACCORDANCE WITH THE MINIMUM
MAINTENANCE LIMITED USE HIGHWAY REGULATIONS. A MINIMUM MAINTENANCE
LIMITED USE HIGHWAY OR PORTION THEREOF SHALL BE APPROPRIATELY POSTED IN
ACCORDANCE WITH TITLE SEVENTEEN OF THE NEW YORK STATE CODES, RULES AND
REGULATIONS.
3. PETITION FOR DISCONTINUANCE OF LIMITED USE HIGHWAY DESIGNATION. THE
OWNER OF LAND LOCATED ON A LIMITED USE HIGHWAY, MAY PETITION THE TOWN
BOARD TO DISCONTINUE THE DESIGNATION OF SUCH HIGHWAY OR PORTION THEREOF
AS A SEASONAL OR MINIMUM MAINTENANCE LIMITED USE HIGHWAY BY FILING SUCH
PETITION WITH THE TOWN CLERK. SUCH PETITION SHALL IDENTIFY THE LIMITED
USE HIGHWAY OR PORTION THEREOF TO BE DISCONTINUED, AND THE TOWN CLERK
SHALL FORTHWITH TRANSMIT THE SAME TO THE TOWN BOARD. THE TOWN BOARD
SHALL HOLD A PUBLIC HEARING UPON SUCH PETITION WITHIN THIRTY-TWO DAYS OF
ITS RECEIPT. AT LEAST TEN DAYS PUBLIC NOTICE SHALL BE GIVEN PRIOR TO THE
CONDUCT OF SUCH PUBLIC HEARING, AND WRITTEN NOTICE SERVED BY CERTIFIED
MAIL UPON EVERY OWNER OF PROPERTY ABUTTING SUCH HIGHWAY OR PORTION THER-
EOF, AS DETERMINED BY THE LATEST ASSESSMENT ROLL. IN THE EVENT IT IS
DETERMINED THAT SUCH HIGHWAY OR PORTION THEREOF SHALL BE DISCONTINUED AS
A LIMITED USE HIGHWAY, THE TOWN BOARD SHALL, BY LOCAL LAW, DISCONTINUE
SUCH HIGHWAY OR PORTION THEREOF AS A LIMITED USE HIGHWAY AT THE TIME SET
FORTH IN SUCH LOCAL LAW. THE TOWN BOARD SHALL RENDER ITS DECISION TO
CONTINUE OR DISCONTINUE SUCH LIMITED USE HIGHWAY NO LATER THAN SIXTY
DAYS AFTER THE HOLDING OF SUCH PUBLIC HEARING, AND SHALL NOTIFY THE
PETITIONER OF SUCH ACTION BY CERTIFIED MAIL WITHIN TEN BUSINESS DAYS,
INCLUDING THE SPECIFIC FINDINGS AND DETERMINATION OF THE TOWN BOARD.
SUCH ACTION SHALL NOT PRECLUDE A TOWN BOARD FROM DISCONTINUING AT ANY
TIME, BY LOCAL LAW, THE HIGHWAY OR PORTION THEREOF AS A LIMITED USE
HIGHWAY. NO FURTHER PETITIONS MAY BE SUBMITTED PURSUANT TO THIS SECTION
UNTIL THE LAPSE OF AT LEAST TWO YEARS FROM THE DATE OF THE FILING OF A
PETITION WHICH WAS DENIED.
S 2. This act shall take effect immediately.