S T A T E   O F   N E W   Y O R K
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                                  1071

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  M.  of A. DESTITO, DelMONTE -- 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.

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

                                                           LBD03881-01-9

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  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

A. 1071                             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.

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  (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

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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.