NY Hwy L § 46 (2021)
2021 New York Laws HAY - Highway Article 3 - State Highways 46 - State Highways in Villages.

§  46. State highways in villages. A state highway may be constructed,   reconstructed or improved through a village so as to form  a  continuous   highway on the state highway system. Such highway within a village shall   be  of  such  width  and  type  of  construction  as the commissioner of   transportation deems to be adequate.Notwithstanding  any  inconsistent  provision  of  this  chapter,  the   commissioner   of   transportation  is  also  authorized  to  construct,   reconstruct or improve as a state highway any street within any  village   which  has  been or which may hereafter be built by the state as part of   the state highway system.Notwithstanding the provisions of any general, special or local law or   any inconsistent provision of this chapter,  the  plans,  specifications   and estimate of cost of such construction, reconstruction or improvement   provided  in this section, may, in the discretion of the commissioner of   transportation, include the installation,  construction,  reconstruction   and  improvement  of  curbs,  drainage facilities and retaining walls to   protect   pavements;    the    removing,    relocating,    constructing,   reconstructing  and  improving  any  existing structures, facilities and   appurtenances  owned  by  any  municipality  and  removing,  relocating,   constructing,  reconstructing  and  improving sidewalks and intersecting   highways, roads or streets to accommodate adjusted or changed grades  of   highways,  roads,  or  streets  in the interest of public safety; all in   addition to the relevant provisions of this chapter that relate  to  the   preparation of plans, specifications and estimates for the construction,   reconstruction and improvement of state highways.For  all  the  purposes  of  this  section,  the  jurisdiction  of the   commissioner of transportation shall extend  over  the  entire  property   affected  by  the  provisions  hereof during the period of construction,   reconstruction or improvement, as such jurisdiction has been obtained or   may hereafter be obtained pursuant to the provisions  of  this  chapter.   After  the  completion  and  acceptance  of  the  work  of constructing,   reconstructing or  improving  of  a  state  highway  passing  through  a   village,  the  state  shall  maintain  and  have  jurisdiction  over the   pavement area of such highway and may assume maintenance  responsibility   and  have jurisdiction over such other highway right of way areas as the   commissioner of transportation shall determine, by official  order,  are   necessary  for  the maintenance and protection of such highway facility.   No additional points of access to, or exit from, such  highway  facility   shall  be  made  without  prior  written approval by the commissioner of   transportation.  Any  sidewalks,  sewers,,  water  mains,  curbs,  paved   gutters,  conduits,  facilities  and  appurtenances  that  are  provided   pursuant to this section, shall be maintained or shall be  continued  to   be  maintained,  as  the  case  may be, by the village in which they are   located, or by the agency or other unit owning  or  having  control  and   jurisdiction  thereof  except  the  state  shall  maintain  any drainage   ditches and storm sewer facilities which are  constructed  primarily  to   service the state highway facility.If a greater width or different type of construction is desired by the   municipality,  the board of trustees of such village shall by resolution   petition the commissioner of transportation to  provide  the  width  and   type  of  construction  desired.  The  additional  expense caused by the   increased width or different type of construction or both shall be borne   wholly by the village. The commissioner of  transportation  may  provide   for  the  width  and type of construction described in such petition, if   the commissioner deems the filing of such petition to be timely and  the   construction   described   therein   to  be  practicable.  Whenever  the   commissioner of  transportation  shall  have  approved  such  a  village   petition, the plans, specifications and estimates of cost, together with    an  estimate  showing the additional cost to be borne by the village, to   provide for the greater width or different type of construction or both,   shall be submitted to the board of trustees which, if  it  approve  such   plans,   specifications  and  estimate  of  additional  cost,  shall  by   resolution appropriate the funds necessary to provide for the portion of   the cost of construction to be borne by the village. Such  funds  shall,   prior to the award of the contract, be deposited by the village with the   state   comptroller   subject   to  the  draft  or  requisition  of  the   commissioner of transportation, and a certified copy of  the  resolution   shall  be  filed  with  the  commissioner of transportation and with the   state comptroller.  The moneys so required shall be  raised  by  tax  or   pursuant  to  the  local  finance  law. Upon the completion of a highway   within a village where a portion of the cost is borne  by  the  village,   the  commissioner  of  transportation  shall  transmit  to  the board of   trustees a statement showing the actual costs of the additional width or   changed construction including a proportionate charge  for  engineering,   and  shall  notify the village clerk that he will accept the work within   twenty days from the date of such  notice,  unless  protest  in  writing   against   the   acceptance  shall  be  filed  by  such  clerk  with  the   commissioner of transportation. In the event a  protest  is  filed,  the   commissioner  of  transportation  shall  hear  the  same  and  if  it is   sustained the commissioner of transportation shall delay the  acceptance   of  the highway or section thereof until the same be properly completed.   If no protest is filed, the highway or  section  thereof  shall  at  the   expiration  of  the  said  twenty  days  be deemed finally completed and   accepted on behalf of the village and the state, and shall thereafter be   maintained in the manner provided in this chapter  for  the  maintenance   and repair of state highways.The  provisions of the village law, special village charters and other   general or special laws relative  to  the  pavement  or  improvement  of   streets  and the assessment and payment of the cost thereof shall apply,   as far as may be, to such additional construction and the assessment and   payment of the cost thereof, except that the provisions of  any  general   or local act affecting the pavement or improvement of streets or avenues   in  any  village  and requiring the owners, or any of the owners, of the   frontage on a street to consent to the improvement or pavement  thereof,   or  requiring  a  hearing  to  be  given  to  the  persons who, or whose   premises, are subject to assessment, upon the  question  of  doing  such   paving  or making such improvement shall not apply to the portion of the   improvement or pavement of a state highway  the  expense  for  which  is   required to be paid by the village to the state.