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Text   -   S05427
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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         5427

                              2009-2010 Regular Sessions

                                   I N  S E N A T E

                                      May 4, 2009
                                      ___________

       Introduced by Sens. AUBERTINE, STACHOWSKI, VALESKY, WINNER, YOUNG -- (at
         request  of  the  Legislative  Commission  on Rural Resources) -- read
         twice and ordered printed, and when printed to  be  committed  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:

    1    Section 1. Section 205-a of the highway law  is  REPEALED  and  a  new
    2  section 205-a is added to read as follows:
    3    S  205-A.  LIMITED  USE  HIGHWAYS.  1. SEASONAL LIMITED USE HIGHWAY. A
    4  SEASONAL LIMITED USE HIGHWAY SHALL BE A TOWN HIGHWAY WITHOUT AN  OPERAT-
    5  ING  FARM CENTER, RESIDENCE APPROVED FOR YEAR-ROUND OCCUPANCY OR COMMER-
    6  CIAL BUILDING DEPENDENT UPON SUCH HIGHWAY FOR ACCESS ON WHICH  THE  TOWN
    7  MAY  TEMPORARILY DISCONTINUE SNOW AND ICE REMOVAL, AND MAINTENANCE FOR A
    8  DESIGNATED PERIOD. THE TOWN SUPERINTENDENT  IS  AUTHORIZED  TO  ANNUALLY
    9  DESIGNATE,  ON  OR  BEFORE THE FIRST DAY OF NOVEMBER, A TOWN HIGHWAY, OR
   10  PORTION THEREOF, AS A SEASONAL LIMITED USE HIGHWAY, AND  TO  TEMPORARILY
   11  DISCONTINUE  SNOW  AND  ICE  REMOVAL  AND MAINTENANCE ON SUCH HIGHWAY OR
   12  PORTION THEREOF SO DESIGNATED FROM THE FIRST DAY OF DECEMBER  UNTIL  THE
   13  FIRST DAY OF APRIL. ALL SEASONAL LIMITED USE HIGHWAYS SHALL BE APPROPRI-
   14  ATELY  POSTED  IN  ACCORDANCE WITH TITLE SEVENTEEN OF THE NEW YORK STATE
   15  CODES, RULES AND REGULATIONS.
   16    2. MINIMUM MAINTENANCE LIMITED USE HIGHWAY. A. A  MINIMUM  MAINTENANCE
   17  LIMITED  USE  HIGHWAY SHALL BE A HIGHWAY USED PRINCIPALLY OR EXCLUSIVELY
   18  FOR AGRICULTURAL OR RECREATIONAL LAND ACCESS.    A  HIGHWAY  OR  PORTION
   19  THEREOF  WHICH  HAS  BEEN SO DESIGNATED BY THE TOWN BOARD SHALL BE MAIN-
   20  TAINED AT A LEVEL WHICH ALLOWS SUCH HIGHWAY TO REMAIN PASSABLE AND FUNC-
   21  TIONAL IN ACCORDANCE WITH STANDARDS ADOPTED BY THE TOWN BOARD. NO  PAVED
   22  HIGHWAY,  OR HIGHWAY PROVIDING ACCESS TO AN OPERATING FARM CENTER, RESI-

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02278-01-9
       S. 5427                             2

    1  DENCE APPROVED FOR YEAR-ROUND OCCUPANCY OR COMMERCIAL BUILDING SHALL  BE
    2  DESIGNATED  AS A MINIMUM MAINTENANCE LIMITED USE HIGHWAY. THE TOWN BOARD
    3  MAY, BY RESOLUTION, DIRECT THE TOWN SUPERINTENDENT  TO  ESTABLISH  REGU-
    4  LATIONS  PROVIDING  FOR  THE DESIGNATION AND MAINTENANCE OF HIGHWAYS, OR
    5  PORTIONS THEREOF, AS MINIMUM MAINTENANCE LIMITED  USE  HIGHWAYS.  WITHIN
    6  THIRTY  DAYS  AFTER  THE  PRESENTATION  BY  THE  TOWN  SUPERINTENDENT OF
    7  PROPOSED TOWN REGULATIONS PROVIDING FOR THE DESIGNATION AND  MAINTENANCE
    8  OF MINIMUM MAINTENANCE LIMITED USE HIGHWAYS, THE TOWN BOARD MAY ADOPT BY
    9  LOCAL LAW THE REGULATIONS AS PRESENTED OR AMENDED.
   10    B.  IN THE EVENT THE TOWN SUPERINTENDENT DETERMINES THAT A HIGHWAY, OR
   11  PORTION THEREOF, COMPLIES WITH THE REGULATIONS ESTABLISHED BY  THE  TOWN
   12  BOARD  FOR MINIMUM MAINTENANCE LIMITED USE HIGHWAYS, SUCH SUPERINTENDENT
   13  MAY PETITION THE TOWN BOARD TO DESIGNATE SUCH HIGHWAY, OR PORTION THERE-
   14  OF, AS A MINIMUM MAINTENANCE LIMITED USE HIGHWAY.  THE  TOWN  BOARD  MAY
   15  THEREAFTER ADOPT A LOCAL LAW DESIGNATING SUCH HIGHWAY, OR PORTION THERE-
   16  OF,  AS  A  MINIMUM MAINTENANCE LIMITED USE HIGHWAY, AND NOTICE SHALL BE
   17  GIVEN, BY CERTIFIED MAIL, TO EVERY OWNER OF REAL PROPERTY, AS DETERMINED
   18  BY THE LATEST COMPLETED ASSESSMENT ROLL, ABUTTING THE  PROPOSED  MINIMUM
   19  MAINTENANCE  LIMITED  USE HIGHWAY, OR PORTION THEREOF. IN THE EVENT SUCH
   20  LOCAL LAW IS ADOPTED AND UPON THE EFFECTIVE DATE OF SUCH LOCAL LAW, SUCH
   21  HIGHWAY SHALL THEREAFTER BE MAINTAINED IN ACCORDANCE  WITH  THE  MINIMUM
   22  MAINTENANCE  LIMITED  USE  HIGHWAY  REGULATIONS.  A  MINIMUM MAINTENANCE
   23  LIMITED USE HIGHWAY OR PORTION THEREOF SHALL BE APPROPRIATELY POSTED  IN
   24  ACCORDANCE  WITH  TITLE SEVENTEEN OF THE NEW YORK STATE CODES, RULES AND
   25  REGULATIONS.
   26    3. PETITION FOR DISCONTINUANCE OF LIMITED USE HIGHWAY DESIGNATION. THE
   27  OWNER OF LAND LOCATED ON A LIMITED USE HIGHWAY, MAY  PETITION  THE  TOWN
   28  BOARD  TO DISCONTINUE THE DESIGNATION OF SUCH HIGHWAY OR PORTION THEREOF
   29  AS A SEASONAL OR MINIMUM MAINTENANCE LIMITED USE HIGHWAY BY FILING  SUCH
   30  PETITION  WITH  THE TOWN CLERK. SUCH PETITION SHALL IDENTIFY THE LIMITED
   31  USE HIGHWAY OR PORTION THEREOF TO BE DISCONTINUED, AND  THE  TOWN  CLERK
   32  SHALL  FORTHWITH  TRANSMIT  THE  SAME  TO THE TOWN BOARD. THE TOWN BOARD
   33  SHALL HOLD A PUBLIC HEARING UPON SUCH PETITION WITHIN THIRTY-TWO DAYS OF
   34  ITS RECEIPT. AT LEAST TEN DAYS PUBLIC NOTICE SHALL BE GIVEN PRIOR TO THE
   35  CONDUCT OF SUCH PUBLIC HEARING, AND WRITTEN NOTICE SERVED  BY  CERTIFIED
   36  MAIL UPON EVERY OWNER OF PROPERTY ABUTTING SUCH HIGHWAY OR PORTION THER-
   37  EOF,  AS  DETERMINED  BY  THE LATEST ASSESSMENT ROLL. IN THE EVENT IT IS
   38  DETERMINED THAT SUCH HIGHWAY OR PORTION THEREOF SHALL BE DISCONTINUED AS
   39  A LIMITED USE HIGHWAY, THE TOWN BOARD SHALL, BY LOCAL  LAW,  DISCONTINUE
   40  SUCH HIGHWAY OR PORTION THEREOF AS A LIMITED USE HIGHWAY AT THE TIME SET
   41  FORTH  IN  SUCH  LOCAL  LAW. THE TOWN BOARD SHALL RENDER ITS DECISION TO
   42  CONTINUE OR DISCONTINUE SUCH LIMITED USE HIGHWAY  NO  LATER  THAN  SIXTY
   43  DAYS  AFTER  THE  HOLDING  OF  SUCH PUBLIC HEARING, AND SHALL NOTIFY THE
   44  PETITIONER OF SUCH ACTION BY CERTIFIED MAIL WITHIN  TEN  BUSINESS  DAYS,
   45  INCLUDING  THE  SPECIFIC  FINDINGS  AND DETERMINATION OF THE TOWN BOARD.
   46  SUCH ACTION SHALL NOT PRECLUDE A TOWN BOARD FROM  DISCONTINUING  AT  ANY
   47  TIME,  BY  LOCAL  LAW,  THE  HIGHWAY OR PORTION THEREOF AS A LIMITED USE
   48  HIGHWAY. NO FURTHER PETITIONS MAY BE SUBMITTED PURSUANT TO THIS  SECTION
   49  UNTIL  THE  LAPSE OF AT LEAST TWO YEARS FROM THE DATE OF THE FILING OF A
   50  PETITION WHICH WAS DENIED.
   51    S 2. This act shall take effect immediately.
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