NY Hwy L § 54 (2021)
2021 New York Laws HAY - Highway Article 3 - State Highways 54 - Sidewalks Along Improved State Highways.

§  54.  Sidewalks  along  improved  state highways. Walks or paths for   pedestrians may be constructed by a  county  along  any  improved  state   highway  or  along a part thereof in any town of the county, pursuant to   the provisions of this section. The request for any such  walk  or  path   shall be made by the town board, by resolution to that effect, a copy of   which  shall  be certified to the board of supervisors. Unless the board   of supervisors shall determine by resolution  that  such  walk  or  path   shall  not  be  constructed,  it shall, by resolution, direct the county   superintendent of highways  to  prepare  and  submit  to  the  board  an   estimate  of  the  probable  cost  of such work, together with a general   outline plan thereof setting forth the type, material and width  of  the   proposed  walk  or  path, and also its location, specifying the highway,   the beginning and terminal points of the walk or path and  its  distance   laterally  from  the  improved  roadway.  Upon receipt of such plan, the   board of supervisors, by resolution, may determine  that  such  walk  or   path  shall be constructed, in accordance with such plan, subject to the   approval of the plan, and consent that the walk or path be  constructed,   by  the  commissioner  of  transportation.  The county superintendent of   highways shall submit such plan to the commissioner  of  transportation,   together with a copy of such resolution, to be furnished by the clerk of   the  board.  If  the commissioner of transportation shall consent to the   construction of a walk or path along  the  course  indicated  and  shall   approve  such  plan,  he  shall  certify  such  action  to  the board of   supervisors, and the board of supervisors  shall  then  appropriate  and   make  available for such work the necessary moneys therefor, from county   funds. The commissioner of transportation, however, may modify such plan   and certify in like manner the changes made  by  him  therein.  In  that   case,  the  board  of  supervisors  shall  not be required to direct the   construction of such walk or path or provide moneys  therefor  until  it   shall have approved of such changes. If the foregoing provisions of this   section  shall  have  been  complied with, the work of such construction   shall proceed under  the  direction  of  the  county  superintendent  of   highways.  He  may  perform such work by contract, or partly by contract   and partly by the employment of labor, purchase of material and the  use   of  any  necessary  machinery  owned  or  rented by the county. Upon the   completion of such work, the total cost thereof shall be reported by the   superintendent of highways to the board of supervisors. Thirty-five  per   centum of the cost of such work shall be reimbursed to the county by the   town  requesting  the improvement, and a tax therefor may be levied upon   the taxable property of the town, or the amount to be raised  by  either   the  county  or  the  town may be provided pursuant to the local finance   law. Any moneys so raised by the town shall  be  paid  into  the  county   treasury.No such walk or path shall be constructed within the right of way of a   state   highway,  unless  with  the  approval  of  the  commissioner  of   transportation.  Necessary rights of way for any such sidewalk  or  path   shall  be acquired by the county in the same manner as the rights of way   are acquired for state highways as provided in this chapter. The cost of   any such right of way shall be paid in the first instance by the  county   from  any county moneys available and thirty-five per centum of the cost   shall be a charge upon the town to be raised by tax as  a  part  of  the   improvement.  Sidewalks or paths for pedestrians may also be constructed   by a town along an improved state highway or part thereof in the  manner   provided by section one hundred fifty-one of this chapter, but only with   the  approval  of the commissioner of transportation given in the manner   provided by this section, the provisions of  which  in  respect  thereto   shall be deemed to apply to such town sidewalks.