[HISTORY: Adopted by the Town Board of the Town of Babylon 3-17-1987
by L.L. No. 3-1987. Amendments noted where applicable.]
A.
The Town of Babylon wishes to establish a set of rules
and procedures for the abandonment of streets and highways or portions thereof
which are included in the Town highway system. Although the Town of Babylon,
as well as other Towns throughout New York State, has for years been adopting
resolutions abandoning streets or highways or portions thereof, a recent decision
in litigation in which the Town of Babylon was involved but which has subsequently
been settled raised an issue whether or not the Town was empowered, absent
an authorizing local law, from abandoning streets under the previous procedure.
While the Town Board of the Town of Babylon strongly believes that the previous
procedures were legal and sufficient, in order to avoid future litigation
the Town of Babylon is hereby adopting this chapter.
B.
This chapter is intended only to enhance the power and
authorization of the officials of the Town of Babylon in the acquisition,
care, management and use of its highways, roads, streets, avenues and property,
and, in the event that it is more strict or stringent than any provision of
the New York State law, the provisions of the New York State law shall apply.
A.
If a member of the Town Board or the Commissioner of
the Department of Public Works of the Town of Babylon desires to abandon the
street or highway or a portion thereof contained in the Town of Babylon highway
system, such abandonment shall occur upon the happening of both of the following
events:
[Amended 9-7-1994 by L.L. No. 26-1994]
(1)
The adopting of a resolution by the Town Board of the
Town of Babylon setting forth a description of the street or highway or a
portion thereof to be abandoned.
(2)
The filing of a certificate of abandonment by the Commissioner
of the Department of Public Works with the Town Clerk setting forth a decision.
B.
The order of the above-mentioned acts is immaterial,
and the abandonment will be deemed to have occurred upon the occurrence of
the latter act unless either the resolution or certificate of abandonment
states a later date.
[Amended 9-7-1994 by L.L. No. 26-1994]
A.
Any individual who is the owner of property adjoining
a Town highway or street may apply in writing to the Town Commissioner of
the Department of Public Works for the abandonment of the street or highway
or a portion thereof. Such request shall state the individual's reason
and may be accompanied by a petition of other residents of the Town of Babylon.
B.
The Commissioner of the Department of Public Works shall
promptly investigate the request and, if he agrees with the request, file
a copy of his report and certificate of abandonment with the Town Clerk and
a copy of the report with all members of the Town Board. Upon receipt of the
report of the Town Commissioner of the Department of Public Works, the Town
Board may adopt a resolution abandoning the street or highway or a portion
thereof, and, upon adoption of such a resolution, such street or highway or
a portion thereof shall be deemed abandoned unless either the resolution or
certificate of abandonment states a later date.
