S T A T E O F N E W Y O R K
________________________________________________________________________
10496
I N A S S E M B L Y
May 29, 2012
___________
Introduced by M. of A. TENNEY -- 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 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.
S 229-L. DEFINITIONS. WHEN USED IN THIS ARTICLE THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS, UNLESS OTHERWISE EXPRESSLY STATED, OR
UNLESS THE CONTEXT OR SUBJECT MATTER OTHERWISE REQUIRES:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13625-01-1
A. 10496 2
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 RESIDENCES. 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 FARMLAND. TRAFFIC VOLUMES ARE LOW AND VARY
SEASONALLY. THESE ROADS SHOULD ACCOMMODATE FARM EQUIPMENT.
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 INDI-
VIDUAL YEAR-ROUND RESIDENCES.
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, OR PORTIONS THEREOF, AS
LOW-VOLUME ROADS PURSUANT TO THE CLASSIFICATION AS DEFINED IN SECTION
TWO HUNDRED TWENTY-NINE-1 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 RESOL-
UTION CLASSIFYING LOW-VOLUME ROADS THE TOWN BOARD SHALL REFER PROPOSED
CLASSIFICATIONS 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
REASONS FOR SUCH RECOMMENDATIONS. UPON RECEIPT OF THE RECOMMENDATIONS
FROM THE TOWN HIGHWAY SUPERINTENDENT AND TOWN PLANNING BOARD, OR UPON
THE EXPIRATION OF FORTY-FIVE DAYS FROM THE DATE THE PROPOSED RESOLUTION
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WAS REFERRED, THE TOWN BOARD MAY ADOPT BY MAJORITY VOTE, THE LOCAL CLAS-
SIFICATION 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. THE
DESIGNATION OF AGRICULTURAL ACCESS ROADS SHALL NOT UNREASONABLY RESTRICT
FARM OPERATIONS IN AGRICULTURAL DISTRICTS.
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, GIVES DUE CONSIDERATION TO THE EFFECT OF
SUCH DESIGNATION ON ANY FARM OPERATIONS DEPENDENT UPON THE ROAD, AND
DOES NOT UNREASONABLY RESTRICT FARM OPERATIONS IN AGRICULTURAL
DISTRICTS.
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 PLANNING BOARD. SUCH
SCHOOL BOARD AND PLANNING BOARD SHALL 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. (C) THE TOWN BOARD OF THE
TOWN MAY, BY RESOLUTION, ACCEPT, ACCEPT IN PART, OR REJECT THE RECOMMEN-
DATIONS OF EITHER THE SCHOOL OR PLANNING BOARD PRIOR TO ANY VOTE UPON
A. 10496 4
THE PROPOSED LOCAL LAW. (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 ENVIRON-
MENTAL CONSERVATION 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 MAINTE-
NANCE ROADS SHALL CONTINUE TO BE CONSIDERED PART OF THE TOWN HIGHWAY
SYSTEM AND SUCH DESIGNATION SHALL NOT AFFECT FEDERAL OR STATE AID FORMU-
LA 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 NEW
PETITION TO DISCONTINUE THE DESIGNATION OF SUCH ROAD SHALL BE REVIEWED
BY THE TOWN BOARD UNTIL THE LAPSE OF AT LEAST TWENTY-FOUR MONTHS FROM
THE DATE OF THE FILING OF THE PREVIOUS 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.
A. 10496 5
S 229-R. FINANCING IMPROVEMENTS. WHERE THE MINIMUM MAINTENANCE ROAD
STANDARD IS DISCONTINUED, OR A LOW-VOLUME ROAD CLASSIFICATION IS
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 any rules or regu-
lations necessary for the implementation of this act including the
guidelines developed by the local roads research and coordination coun-
cil may be made on or before such date.