NY RR L § 90 (2021)
2021 New York Laws RRD - Railroad Article 3 - Construction, Operation and Management 90 - New Streets Across Railroads.

§ 90. New streets across railroads. When a new street, avenue, highway   or  road  or new portion or additional lane of a street, avenue, highway   or road shall hereafter be constructed across a steam surface  railroad,   other than pursuant to section ninety-one, such street, avenue, highway,   or  road  or new portion or additional lane of a street, avenue, highway   or  road,  shall  pass  over  or  under  such  railroad  whenever   such   construction  is  practicable.    Notice  of  intention  to lay out such   street, avenue, highway or road, or such new portion or additional  lane   of  a  street,  avenue, highway or road, across a steam surface railroad   shall be given to such railroad corporation by the municipal corporation   at least fifteen days prior to the making of the order laying  out  such   street,  avenue,  highway or road or such new portion or additional lane   of a street, avenue, highway  or  road  by  service  personally  on  the   president  or  vice-president of the railroad corporation or any general   officer thereof. Such notice shall designate the  time  when  and  place   where  a  hearing  will  be given to such railroad corporation, and such   railroad corporation shall  have  the  right  to  be  heard  before  the   authorities  of  such  municipal  corporation  upon  the question of the   necessity of such street, avenue, highways or road or such  new  portion   or  additional lane of a street, avenue, highway or road on the question   of the location of such highway. If the municipal corporation determines   such street, avenue, highway or road or such new portion  or  additional   lane  of  a  street,  avenue,  highway  or  road  to  be necessary, such   municipal  corporation  shall  then  apply  to   the   commissioner   of   transportation  before  any  further proceedings are taken, to determine   whether such street, avenue, highway or road  or  such  new  portion  or   additional  lane of a street, avenue, highway or road shall pass over or   under such railroad or at  grade.  The  commissioner  of  transportation   shall  thereupon  appoint a time and place for hearing such application,   and shall give such notice thereof as he shall judge reasonable  to  the   railroad corporation whose railroad is to be crossed by such new street,   avenue,  highway  or  road,  or such new portion or additional lane of a   street, avenue, highway or  road,  to  the  municipal  corporation,  the   owners  of  land  adjoining  the  railroad  and that part of the street,   avenue, highway or road to be opened, extended or constructed  and  such   other  parties  deemed  by  him to be interested in the proceeding.  The   commissioner of transportation  shall  determine  whether  such  street,   avenue,  highway  or  road  or  such new portion or additional lane of a   street, avenue, highway or road shall be constructed over or under  such   railroad  or  at  grade.  If  the  commissioner  of transportation shall   determine that such street, avenue, highway or road or such new  portion   or additional lane of a street, avenue, highway or road shall be carried   across  such  railroad  above  the grade thereof, he shall determine the   height, the length and the material of the bridge or structure by  means   of  which  such  street,  avenue, highway or road or such new portion or   additional lane of a street, avenue, highway or road  shall  be  carried   across  such  railroad,  and  the  length,  character  and grades of the   approaches  thereto.  If  the  commissioner  of   transportation   shall   determine  that such street, avenue, highway or road or such new portion   or additional lane of  a  street,  avenue,  highway  or  road  shall  be   constructed  or  extended  below  the  grade  of such railroad, he shall   determine the manner and method in which the same shall  be  so  carried   under,  and  the  length, character and grades of the approaches. If the   commissioner of transportation shall determine that it is  impracticable   to  construct or extend such street, avenue, highway or road or such new   portion or additional lane of a street, avenue, highway or  road  across   such  railroad  above or below the grade thereof, he shall determine the   manner and method in  which  the  same  shall  be  carried  across  such    railroad  at grade and what safeguards shall be maintained. The decision   of the commissioner of transportation as to the  manner  and  method  of   carrying  such  new street, avenue, highway or road, or such new portion   or  additional  lane  of  a  street, avenue, highway or road across such   railroad shall  be  final,  subject  however  to  the  right  of  appeal   hereinafter  given,  the  decision of the commissioner of transportation   rendered in any proceeding under this  section  shall  be  communicated,   after   final  hearing,  to  the  railroad  corporation,  the  municipal   corporation and all other  parties  who  appeared  at  such  hearing  by   counsel  or in person. This section shall not apply to any state highway   or any  other  street,  avenue,  highway  or  road  or  new  portion  or   additional  lane  of  a  street,  avenue,  highway  or  road  which  the   commissioner of transportation proposes to construct across  a  railroad   pursuant  to  the  highway  law.  Highway  as used in this article shall   include any highway, road, street, alley, avenue, thoroughfare or public   driveway which is open to the public and publicly maintained.