§ 101-8. Discontinuance of minimum maintenance road designation.


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  • A. 
    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 Board to discontinue such designation. Such petition shall be filed with the Town Clerk and shall identify the road or portion thereof to be discontinued as a minimum maintenance road and set forth the reasons for such proposed discontinuance. The Town Board shall hold a public hearing upon such petition within 30 days after its receipt; at least 10 days' public notice shall be given prior to the conduct of such hearing. At least 10 days before the public hearing on such petition, written notice of such public hearing shall be served by certified mail upon every owner of real property abutting such road or portion thereof, as determined by the latest assessment roll. In the event the Town Board after such public hearing determines that such road or portion thereof shall continue as a minimum maintenance road, no petition may be submitted pursuant to this subsection until the lapse of at least two years from the date of the filing of the petition. In the event it is determined that such road shall be discontinued as a minimum maintenance road, the Town Board, by local law, shall discontinue such road or portion thereof as a minimum maintenance road and such discontinuance shall become effective six months after the commencement of the next succeeding fiscal year.
    B. 
    Notwithstanding the provisions of § 101-8A of this chapter, the Town Board may adopt a local law discontinuing such minimum maintenance road designation in the event it determines such discontinuance to be in the public interest.