§ 101-4. Minimum maintenance roads.

A. 

Notwithstanding the provisions of § 101-3 of this chapter, the Town Superintendent of Highways may at any time submit to the Town Board a recommendation that a Town road or a portion thereof be designated as a minimum maintenance road. No such recommendation shall be made unless the Highway Superintendent has determined that the traffic volume on such road or portion thereof is less than 50 vehicles per day, that such road or portion thereof is an agricultural land access road or a recreational land access road, and that such road or portion thereof does not provide farm centers of operation and/or year-round residences with principal motor vehicle access to goods and services necessary for the effective support of such farms and/or year-round residences. For the purpose of this chapter, no residence shall be considered year-round until and unless at least two of the following have been completed: foundation completed; well or other water source approved by the Cattaraugus County Health Department; septic system installed and approved by the Cattaraugus County Health Department; electric service installed and approved.

B. 

At any time after such recommendation is received by the Town Board, the Town Board may enact a local law designating such road or portion thereof as a minimum maintenance road. Such local law shall be adopted in accordance with the requirements of the Municipal Home Rule Law, except that written notice of the public hearing required to be held prior to the adoption of such local law shall be served by certified mail upon every owner of real property abutting such road or portion thereof proposed to be designated as a minimum maintenance road, as determined by the latest completed assessment roll. No such local law shall be subject to referendum.

C. 

No such local law shall be effective until signs are posted advising the public that such road is a minimum maintenance road, pursuant to the requirements of this chapter.

D. 

No road or portion thereof, once designated as a minimum maintenance road, shall be deemed to have been abandoned pursuant to the provisions of § 205(1) of the Highway Law until at least six years have elapsed since the termination of such designation.

E. 

Prior to any public hearing relating to the adoption of a local law designating a low-volume rural road or portion thereof as a minimum maintenance road, the Town Board shall issue findings that such road or portion thereof should be designated a minimum maintenance road.

(1) 

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 or portion thereof traveling at a reasonable and prudent speed, under the circumstances, shall not be placed in a hazardous situation;

(d) 

A determination that such road, or portion thereof, does not constitute a farm access road as defined by § 101-2 of this chapter; and

(e) 

A determination that such road, or a portion thereof, does not constitute access to a year-round residence.

(2) 

Such findings shall be filed in the office of the Town Clerk, who shall give notice of their availability for public inspection, at least 60 days before the required public hearing on the local law. The Town Clerk shall give notice by certified mail to the owners of all land abutting the road or portion thereof proposed to be so designated that the aforementioned findings are available for inspection.