N.Y. HAY Law § 48 — New York Code / Act HAY / Article 3 / Section 48
State highways of additional width and increased cost at expense of town
Status: in_force

§ 48. State highways of additional width and increased cost at expense\nof town. Whenever the department of transportation shall have determined\nupon the construction or improvement of a state highway or section\nthereof and it is desired by any town in which such proposed highway is\nsituated to construct or improve the same at a greater width or in a\nmanner involving greater cost, or both, than that provided in the plans\nand specifications as prepared by the department of transportation, the\ntown board may petition the department of transportation for an estimate\nof the additional cost of constructing or improving the same to a width\nor in a manner, or both, as desired by such board. The department of\ntransportation shall as soon as practicable make an estimate of such\nadditional cost and transmit the same to the town board, and the town\nboard may thereupon by resolution petition the department of\ntransportation to provide the width and type of construction desired.\nThe additional expense caused by the increased width or different type\nof construction, or both, shall be borne wholly by the town. The\ndepartment of transportation shall, in its discretion, upon receipt of\nsuch resolution, if filed prior to the advertisement for bids, or during\nthe course of construction, provide for the width and type of\nconstruction described in such resolution. Whenever the department of\ntransportation shall have approved such a resolution the plans,\nspecifications and estimate of cost shall be submitted to the town\nboard, who, if it approve such plans, specifications and estimate of\ncost shall, by resolution, duly adopted by a vote of a majority of all\nthe members of such board, appropriate the funds necessary to provide\nfor the portion of the cost of construction to be borne by the town.\nSuch funds shall, prior to the award of the contract, be deposited by\nthe town with the state comptroller, subject to the draft or requisition\nof the department of transportation, and a certified copy of the\nresolution shall be filed with the department of transportation. Upon\nthe completion of the highway within a town where a portion of the cost\nis borne by the town the department of transportation shall transmit to\nthe town board a statement showing the actual cost of the additional\nwidth or changed construction including a proportionate charge for\nengineering and shall notify the town clerk that it will accept the work\nwithin twenty days from the date of such notice unless protest in\nwriting against the acceptance shall be filed by such clerk with the\ndepartment of transportation. In case a protest is filed the department\nof transportation shall hear the same and if it is sustained the\ndepartment of transportation shall delay the acceptance of the highway\nor section thereof until the same be properly completed. If no protest\nis filed the highway or section thereof shall at the expiration of the\nsaid twenty days be deemed finally completed and accepted on behalf of\nthe town and the state and shall thereafter be maintained in the manner\nprovided in this chapter for maintenance and repair of state highways.\n