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
                               ___________

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  Section  205-a  of  the highway law is REPEALED and a new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.