N.Y. HAY Law § 46 — New York Code / Act HAY / Article 3 / Section 46
State highways in villages
Status: in_force

§ 46. State highways in villages. A state highway may be constructed,\nreconstructed or improved through a village so as to form a continuous\nhighway on the state highway system. Such highway within a village shall\nbe of such width and type of construction as the commissioner of\ntransportation deems to be adequate.\n  Notwithstanding any inconsistent provision of this chapter, the\ncommissioner of transportation is also authorized to construct,\nreconstruct or improve as a state highway any street within any village\nwhich has been or which may hereafter be built by the state as part of\nthe state highway system.\n  Notwithstanding the provisions of any general, special or local law or\nany inconsistent provision of this chapter, the plans, specifications\nand estimate of cost of such construction, reconstruction or improvement\nprovided in this section, may, in the discretion of the commissioner of\ntransportation, include the installation, construction, reconstruction\nand improvement of curbs, drainage facilities and retaining walls to\nprotect pavements; the removing, relocating, constructing,\nreconstructing and improving any existing structures, facilities and\nappurtenances owned by any municipality and removing, relocating,\nconstructing, reconstructing and improving sidewalks and intersecting\nhighways, roads or streets to accommodate adjusted or changed grades of\nhighways, roads, or streets in the interest of public safety; all in\naddition to the relevant provisions of this chapter that relate to the\npreparation of plans, specifications and estimates for the construction,\nreconstruction and improvement of state highways.\n  For all the purposes of this section, the jurisdiction of the\ncommissioner of transportation shall extend over the entire property\naffected by the provisions hereof during the period of construction,\nreconstruction or improvement, as such jurisdiction has been obtained or\nmay hereafter be obtained pursuant to the provisions of this chapter.\nAfter the completion and acceptance of the work of constructing,\nreconstructing or improving of a state highway passing through a\nvillage, the state shall maintain and have jurisdiction over the\npavement area of such highway and may assume maintenance responsibility\nand have jurisdiction over such other highway right of way areas as the\ncommissioner of transportation shall determine, by official order, are\nnecessary for the maintenance and protection of such highway facility.\nNo additional points of access to, or exit from, such highway facility\nshall be made without prior written approval by the commissioner of\ntransportation. Any sidewalks, sewers,, water mains, curbs, paved\ngutters, conduits, facilities and appurtenances that are provided\npursuant to this section, shall be maintained or shall be continued to\nbe maintained, as the case may be, by the village in which they are\nlocated, or by the agency or other unit owning or having control and\njurisdiction thereof except the state shall maintain any drainage\nditches and storm sewer facilities which are constructed primarily to\nservice the state highway facility.\n  If a greater width or different type of construction is desired by the\nmunicipality, the board of trustees of such village shall by resolution\npetition the commissioner of transportation to provide the width and\ntype of construction desired. The additional expense caused by the\nincreased width or different type of construction or both shall be borne\nwholly by the village. The commissioner of transportation may provide\nfor the width and type of construction described in such petition, if\nthe commissioner deems the filing of such petition to be timely and the\nconstruction described therein to be practicable. Whenever the\ncommissioner of transportation shall have approved such a village\npetition, the plans, specifications and estimates of cost, together with\nan estimate showing the additional cost to be borne by the village, to\nprovide for the greater width or different type of construction or both,\nshall be submitted to the board of trustees which, if it approve such\nplans, specifications and estimate of additional cost, shall by\nresolution appropriate the funds necessary to provide for the portion of\nthe cost of construction to be borne by the village. Such funds shall,\nprior to the award of the contract, be deposited by the village with the\nstate comptroller subject to the draft or requisition of the\ncommissioner of transportation, and a certified copy of the resolution\nshall be filed with the commissioner of transportation and with the\nstate comptroller.  The moneys so required shall be raised by tax or\npursuant to the local finance law. Upon the completion of a highway\nwithin a village where a portion of the cost is borne by the village,\nthe commissioner of transportation shall transmit to the board of\ntrustees a statement showing the actual costs of the additional width or\nchanged construction including a proportionate charge for engineering,\nand shall notify the village clerk that he will accept the work within\ntwenty days from the date of such notice, unless protest in writing\nagainst the acceptance shall be filed by such clerk with the\ncommissioner of transportation. In the event a protest is filed, the\ncommissioner of transportation shall hear the same and if it is\nsustained the commissioner of transportation shall delay the acceptance\nof the highway or section thereof until the same be properly completed.\nIf no protest is filed, the highway or section thereof shall at the\nexpiration of the said twenty days be deemed finally completed and\naccepted on behalf of the village and the state, and shall thereafter be\nmaintained in the manner provided in this chapter for the maintenance\nand repair of state highways.\n  The provisions of the village law, special village charters and other\ngeneral or special laws relative to the pavement or improvement of\nstreets and the assessment and payment of the cost thereof shall apply,\nas far as may be, to such additional construction and the assessment and\npayment of the cost thereof, except that the provisions of any general\nor local act affecting the pavement or improvement of streets or avenues\nin any village and requiring the owners, or any of the owners, of the\nfrontage on a street to consent to the improvement or pavement thereof,\nor requiring a hearing to be given to the persons who, or whose\npremises, are subject to assessment, upon the question of doing such\npaving or making such improvement shall not apply to the portion of the\nimprovement or pavement of a state highway the expense for which is\nrequired to be paid by the village to the state.\n