senate Bill S3641A

2011-2012 Legislative Session

Designates particular town roads as low-volume roads and sets new special standards for maintenance of such roads

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Archive: Last Bill Status - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Apr 30, 2012 referred to transportation
delivered to assembly
passed senate
Apr 25, 2012 advanced to third reading
Apr 19, 2012 2nd report cal.
Apr 18, 2012 1st report cal.548
Jan 04, 2012 referred to transportation
returned to senate
died in assembly
Jun 01, 2011 referred to transportation
delivered to assembly
passed senate
Mar 28, 2011 amended on third reading (t) 3641a
Mar 24, 2011 advanced to third reading
Mar 23, 2011 2nd report cal.
Mar 22, 2011 1st report cal.255
Feb 28, 2011 referred to transportation

Votes

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Apr 18, 2012 - Transportation committee Vote

S3641A
19
0
committee
19
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Transportation committee vote details

Mar 22, 2011 - Transportation committee Vote

S3641
17
0
committee
17
Aye
0
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S3641 - Bill Details

See Assembly Version of this Bill:
A6325
Current Committee:
Law Section:
Highway Law
Laws Affected:
Add §205-c, Hway L; add §124, amd §1683, V & T L
Versions Introduced in 2009-2010 Legislative Session:
S3136, A10377B

S3641 - Bill Texts

view 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.

view sponsor memo
BILL NUMBER:S3641

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 particular town roads

PURPOSE:
This bill authorizes towns to designate particular town roads as
low-volume roads and sets new special standards for maintenance of
such roads.

SUMMARY OF PROVISIONS:
Section 1 and 2 amends the highway law by adding a new article 8-B to
be known as the Town Low-Volume Roads and provides legislative
findings and definitions for this new section.
Section 3 and 4 amends the vehicle and traffic law by designating a
low-volume road as a minimum maintenance road.

JUSTIFICATION:
Low-volume road designations has been encouraged but not authorized
through statute.
In 1990, as a result of the efforts of the Legislative Commission on
Rural Resources working in conjunction with the Legislature, the
State Department of Transportation and the Governor's Office, the NYS
Local Roads Research and Coordination Council was established. The
Council's mission was to promote increased state attention to, and
support oflocal roads management efforts. Subsequently, the Council
defined and promulgated standards for low-volume roads.

A town may officially designate a road as a low-volume road, upon
public hearing, and upon the adoption of a local law by the town
board, and classify it according to the Council's road
classification. A road may be designated as a low-volume road where
there is less than 400 vehicles per day. The purpose in designating
low-volume roads is to reduce costs associated with bringing such
roads to state or national standards.
Current maintenance standards are either extremely costly to
implement, or lack the specific guidance a local highway department
with no professional engineering personnel can manage.
In many rural towns throughout New York, the highway budget already
meets or exceeds 75% of total town expenditures. It is impractical
for rural towns to afford this
level of design, construction and maintenance. Low-volume road
designation provides a more realistic standard.

In addition to the fiscal protection that this bill affords, low
volume and particularly minimum maintenance roads are a management
tool that helps to conserve working landscapes (forest and
agriculture). Low volume roads provide access that is not only
necessary to such working landscapes but also serves as a deterrent
to residential development that could result in land fragmentation
and competition to working landscapes. Finally, by providing towns a
fiscally responsible management option through low volume road
designations, many towns have and will continue to support the
infrastructure necessary to access these working landscapes.


LEGISLATIVE HISTORY:
2009-10: S.3136 - Transportation Committee/A.1071 - Transportation
Committee

FISCAL IMPLICATIONS:
None.

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

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

                                  3641

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 28, 2011
                               ___________

Introduced  by Sens. GRIFFO, LARKIN, LITTLE, RANZENHOFER, SEWARD -- read
  twice and ordered printed, and when printed to  be  committed  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 particular town
  roads

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

  Section  1.  Legislative purpose. The legislature hereby finds, deter-
mines and declares it necessary to assist local governments, particular-
ly town governments, having  collective  jurisdiction  over  eighty-five
percent of approximately one hundred thirteen thousand miles of roads in
this state and half of such towns expending at least fifty-seven percent
of  their fiscal budget on maintaining such roads, by establishing a new
special standard of road maintenance for particular  town  roads  desig-
nated  as  "low-volume  roads" which have not been previously abandoned.
This new standard shall, in turn, conserve the  fiscal  budget  of  such
local governments and shall preserve and promote the safety of motorists
and the traditional character of the small rural towns of this state.
  S 2. The highway law is amended by adding a new article 8-B to read as
follows:
                             ARTICLE VIII-B
                          TOWN LOW-VOLUME ROADS
SECTION 229-L. DEFINITIONS.
        229-M. LOCAL CLASSIFICATION.
        229-N. LOCAL  DESIGNATION  OF  MINIMUM MAINTENANCE ROADS; PUBLIC
                 HEARINGS.
        229-O. FINDINGS AND REVIEW.
        229-P. EFFECT OF MINIMUM MAINTENANCE CLASSIFICATION.
        229-Q. DISCONTINUANCE OF MINIMUM MAINTENANCE DESIGNATION.
        229-R. FINANCING IMPROVEMENTS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05971-01-1

S. 3641                             2

  S 229-L. DEFINITIONS. WHEN USED  IN  THIS  ARTICLE,  UNLESS  OTHERWISE
EXPRESSLY  STATED,  OR  UNLESS  THE  CONTEXT OR SUBJECT MATTER OTHERWISE
REQUIRES, THE TERM:
  1. "LOW-VOLUME ROAD" SHALL MEAN A TOWN ROAD OR PORTION THEREOF LOCATED
IN  A  TOWN  WHICH  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 CHAPTER BECAUSE
IT SHALL NOT HAVE BEEN USED OR TRAVELED AS A HIGHWAY FOR SIX YEARS.
  2. "LOW-VOLUME COLLECTOR ROAD" SHALL MEAN A ROAD  CLASSIFICATION  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.
  3. "RESIDENTIAL ACCESS ROAD" SHALL MEAN  A  ROAD  CLASSIFICATION  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.
  4.  "FARM  ACCESS ROAD" SHALL MEAN A ROAD CLASSIFICATION THAT PROVIDES
ACCESS TO A FARM'S CENTER OF  OPERATIONS  INCLUDING  RESIDENCE.  TRAFFIC
VOLUME  IS  GENERALLY LOW, BUT MAY INCLUDE OCCASIONAL HEAVY VEHICLES AND
FARM EQUIPMENT.
  5. "RESOURCE/INDUSTRIAL ACCESS ROAD" SHALL MEAN A ROAD  CLASSIFICATION
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.
  6.  "AGRICULTURAL  LAND  ACCESS ROAD" SHALL MEAN A ROAD CLASSIFICATION
THAT PROVIDES ACCESS TO FARM LAND. TRAFFIC  VOLUMES  ARE  LOW  AND  VARY
SEASONALLY. THESE ROADS SHOULD ACCOMMODATE FARM EQUIPMENT THAT CAN BE UP
TO TWENTY FEET WIDE.
  7. "RECREATION LAND ACCESS ROAD" SHALL MEAN A ROAD CLASSIFICATION 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.
  8. "MINIMUM MAINTENANCE ROAD" SHALL MEAN A LOW-VOLUME ROAD OR  PORTION
THEREOF  IN  A  TOWN  HAVING  AN AVERAGE DAILY TRAFFIC VOLUME OF ZERO TO
FIFTY VEHICLES PER DAY WHICH PRINCIPALLY OR EXCLUSIVELY  PROVIDES  AGRI-
CULTURAL  OR RECREATIONAL LAND ACCESS. IN NO WAY SHALL THE TERM "MINIMUM
MAINTENANCE" BE CONSTRUED TO MEAN  "NO  MAINTENANCE"  OR  "ABANDONMENT".
FURTHER,  SUCH  TERM SHALL NOT APPLY TO THOSE ROADS, OR PORTIONS THEREOF
WHICH PROVIDE FARM ACCESS AS DEFINED IN THIS SECTION  OR  ACCESS  TO  AN
INDIVIDUAL YEAR-ROUND RESIDENCE.
  9.  "MOTOR  VEHICLE"  SHALL MEAN A MOTOR VEHICLE AS DEFINED BY SECTION
ONE HUNDRED TWENTY-FIVE OF THE VEHICLE AND TRAFFIC LAW.
  S 229-M. LOCAL CLASSIFICATION. 1. THE TOWN BOARD OF ANY TOWN  MAY,  BY
RESOLUTION, DESIGNATE CERTAIN TOWN ROADS AS LOW-VOLUME ROADS OR PORTIONS
THEREOF PURSUANT TO THE CLASSIFICATION AS DEFINED IN SECTION TWO HUNDRED
TWENTY-NINE-L OF THIS ARTICLE. 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.
AT  LEAST FORTY-FIVE DAYS PRIOR TO THE ADOPTION OF SUCH RESOLUTION CLAS-
SIFYING LOW-VOLUME ROADS THE TOWN BOARD SHALL REFER PROPOSED CLASSIFICA-
TIONS TO THE TOWN HIGHWAY SUPERINTENDENT AND THE TOWN PLANNING BOARD, IF
PRESENT IN SUCH TOWN.
  2. 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

S. 3641                             3

REASONS FOR SUCH RECOMMENDATIONS. THIS REFERRAL IS DIRECTORY AND FAILURE
TO REFER SHALL NOT BE DEEMED A JURISDICTIONAL DEFECT.  UPON  RECEIPT  OF
THE  RECOMMENDATIONS FROM THE TOWN HIGHWAY SUPERINTENDENT AND TOWN PLAN-
NING  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.
  S  229-N. LOCAL DESIGNATION OF MINIMUM MAINTENANCE ROADS; PUBLIC HEAR-
INGS. 1. THE TOWN BOARD OF ANY TOWN MAY, BY  LOCAL  LAW,  DESIGNATE  ANY
LOW-VOLUME ROAD OR PORTION THEREOF PROVIDING AGRICULTURAL OR RECREATION-
AL LAND ACCESS AT THE TIME OF DESIGNATION AS MINIMUM MAINTENANCE ROADS.
  2. AGRICULTURAL AND RECREATIONAL LAND ACCESS ROADS SO DESIGNATED SHALL
NOT  INCLUDE  ROADS  OR  PORTIONS THEREOF, WHICH PROVIDE FARM CENTERS OF
OPERATION, INCLUDING THE RESIDENCE, WITH PRINCIPAL MOTOR VEHICLE  ACCESS
TO GOODS AND SERVICES NECESSARY FOR EFFECTIVE SUPPORT OF SUCH FARM.
  3.  AT  LEAST THIRTY DAYS BEFORE 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.  NO  LOCAL  LAW
DESIGNATING A MINIMUM MAINTENANCE ROAD, SHALL BE EFFECTIVE UNTIL MINIMUM
MAINTENANCE  STANDARDS  ARE  ADOPTED AND SIGNS FIRST 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  CHAPTER SOLELY BECAUSE IT HAS BEEN DESIGNATED A
MINIMUM MAINTENANCE ROAD.
  S 229-O. FINDINGS AND REVIEW. 1. PRIOR TO ANY PUBLIC HEARING  RELATING
TO  THE ADOPTION OF A LOCAL LAW DESIGNATING A LOW-VOLUME ROAD OR PORTION
THEREOF AS A MINIMUM MAINTENANCE ROAD, THE TOWN BOARD  HAVING  JURISDIC-
TION OVER SUCH ROAD SHALL ISSUE FINDINGS THAT SUCH ROAD OR PORTION THER-
EOF SHOULD BE DESIGNATED A MINIMUM MAINTENANCE ROAD. SUCH FINDINGS SHALL
INCLUDE, BUT NOT BE LIMITED TO:
  (A) THE VOLUME AND TYPE OF MOTOR VEHICLE TRAFFIC ON SUCH ROAD;
  (B) A DETERMINATION THAT THE PROPERTY OWNERS OF LAND ABUTTING THE ROAD
SHALL CONTINUE TO HAVE REASONABLE ACCESS TO THEIR PROPERTY;
  (C)  A DETERMINATION THAT THE USERS OF THE ROAD TRAVELING AT A REASON-
ABLE AND PRUDENT SPEED, UNDER THE CIRCUMSTANCES, SHALL NOT BE PLACED  IN
A HAZARDOUS SITUATION; AND
  (D)  A  DETERMINATION  THAT  SUCH  ROAD,  OR PORTION THEREOF, DOES NOT
CONSTITUTE A FARM ACCESS ROAD AS DEFINED PURSUANT TO SECTION TWO HUNDRED
TWENTY-NINE-L OF THIS ARTICLE.
  2. (A) AT LEAST FORTY-FIVE DAYS PRIOR TO THE HEARING ON  THE  PROPOSED
LOCAL  LAW  DESIGNATING A ROAD, OR PORTION THEREOF, AS A MINIMUM MAINTE-
NANCE ROAD, A COPY OF THE TOWN BOARD'S FINDING SHALL BE  MADE  AVAILABLE
FOR PUBLIC INSPECTION IN THE TOWN CLERK'S OFFICE.
  (B)  A  COPY OF THE FINDINGS SHALL ALSO BE SENT TO THE SCHOOL BOARD OF
THE SCHOOL DISTRICT IN WHICH EACH ROAD IS LOCATED AND TO THE TOWN  PLAN-
NING  BOARD. SUCH SCHOOL BOARD AND PLANNING BOARD SHALL REVIEW THE FIND-
INGS OF THE TOWN BOARD AND WITHIN FORTY-FIVE DAYS  FILE  WITH  THE  TOWN
CLERK  THEIR  RECOMMENDATION  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 FIND-
INGS.  SCHOOL  OR  PLANNING  BOARD  REVIEW  MAY  BE WAIVED, SHORTENED OR
EXTENDED UPON MUTUAL CONSENT OF SAID BOARD AND THE TOWN BOARD.
  (C) THE TOWN BOARD OF THE TOWN MAY, BY RESOLUTION, ACCEPT,  ACCEPT  IN
PART,  OR  REJECT  THE  RECOMMENDATIONS OF EITHER THE SCHOOL OR PLANNING
BOARD PRIOR TO ANY VOTE UPON THE PROPOSED LOCAL LAW.

S. 3641                             4

  (D) A COPY OF THE FINDINGS SHALL ALSO BE SENT  TO  THE  DEPARTMENT  OF
ENVIRONMENTAL  CONSERVATION  IF  THE  HIGHWAY  OR  ROAD  PASSES OVER, OR
PROVIDES ACCESS TO, STATE LAND UNDER THE JURISDICTION OF THE  DEPARTMENT
OF ENVIRONMENTAL CONSERVATION. THE DEPARTMENT OF ENVIRONMENTAL CONSERVA-
TION SHALL HAVE THE RIGHT TO MAINTAIN SUCH ROAD IF IT SO DESIRES.
  S  229-P. EFFECT OF MINIMUM MAINTENANCE CLASSIFICATION. A ROAD OR ROAD
SEGMENT, WHICH HAS BEEN DESIGNATED MINIMUM MAINTENANCE  SHALL  BE  MAIN-
TAINED  AT  A  LEVEL WHICH ALLOWS THE ROAD TO BE MADE PASSABLE AND FUNC-
TIONAL IN A MANNER DETERMINED BY THE TOWN HIGHWAY SUPERINTENDENT  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 AND 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 COUN-
CIL PURSUANT TO CHAPTERS FIVE HUNDRED SIXTY-FIVE AND SIX HUNDRED  FIFTY-
TWO OF THE LAWS OF NINETEEN HUNDRED NINETY.  IF THE ROAD PASSES OVER, OR
PROVIDES  ACCESS TO, STATE LAND, THE DEPARTMENT OF ENVIRONMENTAL CONSER-
VATION SHALL HAVE THE RIGHT TO MAINTAIN SUCH  ROAD  IF  IT  SO  DESIRES.
SUCH  ROADS  MAY  BE CLOSED DURING CERTAIN TIMES OF THE YEAR BY THE TOWN
BOARD IN WHICH CASE NO SNOW OR ICE REMOVAL SHALL BE REQUIRED.    MINIMUM
MAINTENANCE ROADS SHALL CONTINUE TO BE CONSIDERED PART OF THE TOWN HIGH-
WAY  SYSTEM  AND  SUCH DESIGNATION SHALL NOT AFFECT FEDERAL OR STATE AID
FORMULA CALCULATIONS OF PARTICIPATING MUNICIPALITIES.
  S 229-Q. DISCONTINUANCE OF MINIMUM MAINTENANCE DESIGNATION.    1.  ANY
PERSON  OR  PERSONS OWNING OR OCCUPYING REAL PROPERTY ABUTTING A ROAD OR
PORTION THEREOF WHICH HAS BEEN DESIGNATED A MINIMUM MAINTENANCE 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  JURIS-
DICTION  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, 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.
  2. IN THE EVENT THE TOWN BOARD, AFTER SUCH PUBLIC HEARING,  DETERMINES
THAT SUCH ROAD SHALL CONTINUE AS A MINIMUM MAINTENANCE ROAD, NO PETITION
MAY  BE  SUBMITTED  PURSUANT TO THIS SECTION UNTIL THE LAPSE OF AT LEAST
TWENTY-FOUR MONTHS FROM THE DATE OF THE FILING OF THE PETITION.
  3. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS  SECTION,
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.
  4. IN THE EVENT IT IS DETERMINED THAT SUCH ROAD SHALL BE  DISCONTINUED
AS A MINIMUM MAINTENANCE ROAD, SUCH DISCONTINUANCE SHALL TAKE EFFECT SIX
MONTHS  AFTER  THE  COMMENCEMENT OF THE NEXT FISCAL YEAR OR WHENEVER THE
ROAD HAS BEEN SUFFICIENTLY IMPROVED TO MEET TOWN STANDARDS,  BUT  IN  NO
EVENT LATER THAN THIRTY-SIX MONTHS.
  S  229-R.  FINANCING  IMPROVEMENTS. WHERE THE MINIMUM MAINTENANCE ROAD
STANDARD  IS  DISCONTINUED,  OR  A  LOW-VOLUME  ROAD  CLASSIFICATION  IS

S. 3641                             5

CHANGED,  ROAD  IMPROVEMENTS  MAY,  IN ADDITION TO OTHER FINANCING MECH-
ANISMS AVAILABLE  FOR  ROAD  CONSTRUCTION  PROJECTS,  BE  UNDERTAKEN  IN
ACCORDANCE WITH SECTION TWO HUNDRED OF THE TOWN LAW.
  S  3.  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 ARTICLE EIGHT-B OF THE HIGHWAY LAW.
  S 4. 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 5. 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,
including the guidelines as developed by the local  roads  research  and
coordination  council  pursuant  to  chapters 565 and 652 of the laws of
1990, is authorized to be made and completed on or before such date.

Co-Sponsors

view additional co-sponsors

S3641A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A6325
Current Committee:
Law Section:
Highway Law
Laws Affected:
Add §205-c, Hway L; add §124, amd §1683, V & T L
Versions Introduced in 2009-2010 Legislative Session:
S3136, A10377B

S3641A (ACTIVE) - Bill Texts

view 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.

view sponsor memo
BILL NUMBER:S3641A

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:
This bill authorizes towns to designate certain town roads as
low-volume roads and certain low-volume roads as minimum maintenance
roads.

SUMMARY OF 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
designate certain low-volume roads as minimum maintenance roads and
establishes 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 maintenance 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
defusing minimum maintenance road as designated by a town under
section 20S-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
maintenance.

JUSTIFICATION:
In 1990 the Legislative Commission on Rural Resources sponsored a law
establishing the NYS Local Roads Research and Coordination 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 designating
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
transparent 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 Agricultural District
even if the road is not a primary farm access road. Farmers 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 significant amount. It is impractical for rural towns
to afford this level of design, construction and maintenance.
Low-volume and minimum maintenance 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 designations may also help prevent over-development or
sprawl in rural areas reducing competition for the use of such lands.

LEGISLATIVE HISTORY:
2009-10: S.3136 - Transportation Committee/A.1071 - Transportation
Committee

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
maintenance 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. Modifies the definition of
minimum maintenance roads to specify that the volume of traffic is
less than 50 cars per day.

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

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

                                 3641--A
    Cal. No. 255

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 28, 2011
                               ___________

Introduced  by Sens. GRIFFO, LARKIN, LITTLE, RANZENHOFER, SEWARD -- read
  twice and ordered printed, and when printed to  be  committed  to  the
  Committee on Transportation -- 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

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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05971-02-1

S. 3641--A                          2

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
PRINCIPAL  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

S. 3641--A                          3

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.
  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

S. 3641--A                          4

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 OTHER SUPERSEDING STANDARDS OR GUIDELINES
DEVELOPED PURSUANT TO STATE LAW. MINIMUM MAINTENANCE ROADS SHALL CONTIN-
UE 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.

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