NY Hwy L § 48 (2021)
2021 New York Laws HAY - Highway Article 3 - State Highways 48 - State Highways of Additional Width and Increased Cost at Expense of Town.

§ 48. State highways of additional width and increased cost at expense   of town. Whenever the department of transportation shall have determined   upon  the  construction  or  improvement  of  a state highway or section   thereof and it is desired by any town in which such proposed highway  is   situated  to  construct  or  improve the same at a greater width or in a   manner involving greater cost, or both, than that provided in the  plans   and  specifications as prepared by the department of transportation, the   town board may petition the department of transportation for an estimate   of the additional cost of constructing or improving the same to a  width   or  in  a  manner,  or both, as desired by such board. The department of   transportation shall as soon as practicable make  an  estimate  of  such   additional  cost  and  transmit the same to the town board, and the town   board  may  thereupon  by  resolution   petition   the   department   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 town. The   department of transportation shall, in its discretion, upon  receipt  of   such resolution, if filed prior to the advertisement for bids, or during   the   course  of  construction,  provide  for  the  width  and  type  of   construction described in such resolution. Whenever  the  department  of   transportation   shall  have  approved  such  a  resolution  the  plans,   specifications and estimate of cost  shall  be  submitted  to  the  town   board,  who,  if  it  approve such plans, specifications and estimate of   cost shall, by resolution, duly adopted by a vote of a majority  of  all   the  members  of  such board, appropriate the funds necessary to provide   for the portion of the cost of construction to be  borne  by  the  town.   Such  funds  shall,  prior to the award of the contract, be deposited by   the town with the state comptroller, subject to the draft or requisition   of the department  of  transportation,  and  a  certified  copy  of  the   resolution  shall  be  filed with the department of transportation. Upon   the completion of the highway within a town where a portion of the  cost   is  borne by the town the department of transportation shall transmit to   the town board a statement showing the actual  cost  of  the  additional   width  or  changed  construction  including  a  proportionate charge for   engineering and shall notify the town clerk that it 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   department of transportation. In case a protest is filed the  department   of  transportation  shall  hear  the  same  and  if  it is sustained the   department 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 town and the state and shall thereafter be maintained in the  manner   provided in this chapter for maintenance and repair of state highways.