NY Hwy L § 220 (2021)
2021 New York Laws HAY - Highway Article 8-A - Town Highway Improvement Program 220 - Improvement of Town Highways; Submission of Plan.

§  220.  Improvement of town highways; submission of plan. 1. The town board  of  any  town  may,  upon  its   own   determination,   or   upon recommendation  of  the town superintendent, elect to improve, repair or reconstruct any portion or portions of its town highways which are  part of  the  town  highway  system during the first five years of the period after the  effective  date  of  this  article  in  accordance  with  the provisions  hereof.  However, no highway or bridge turned back to a town on and after January first, nineteen hundred seventy, shall qualify  for aid  pursuant to this article. In that event, the town board may cause a plan covering all projects contemplated by  it  during  said  five  year period  to  be  prepared  and  may, by resolution, adopt such plan. Such original plan shall be filed on or before June first,  nineteen  hundred seventy-two, as follows:  (a)  With  the board of supervisors, or other legislative body, of the county in  which  such  town  is  located,  together  with  the  written recommendations of the county superintendent.  (b)  With  the commissioner, together with a copy of the resolution of approval of such county board of supervisors or legislative body.   2. The commissioner, after investigation, may approve such plan or the plan of any separate project thereof  for  execution  as  appropriations therefor  may  be  available  or  may disapprove any such plan and shall immediately notify the town board of such approval  or  disapproval.  If any  such plan be disapproved, the commissioner shall immediately return such plan to the  town  board  with  his  reasons  for  disapproval  and suggestion  for  modification  of the plan and shall notify the board of supervisors and county superintendent of such action.  Modification of a disapproved plan shall be made and filed in like manner.   3. A copy of such plan, when prepared and approved as herein provided, together with copies of the approval of the commissioner and  the  board of supervisors, shall be filed in the office of the clerk of the town in which  such  highway  is  located, in the office of the county clerk and county superintendent of the county in which such town is  located.  The copy transmitted to the commissioner shall be retained by him.   4.  The  statement  of  necessity required as a part of the plan for a project shall set forth the reasons  why  such  improvement,  repair  or reconstruction  is necessary adequately to serve permanent agricultural, residential, commercial or industrial development  and  to  sustain  the vehicular load imposed or likely to be imposed on such town highway.   5. Modification of any plan approved as herein provided may be made by the  town  board  of  the  town  affected  thereby and must be filed and approved in the manner hereinbefore provided for the filing and approval of an original plan, except that the approval of  the  county  board  of supervisors, or other legislative body, of the county in which such town is located shall not be required. The commissioner may refuse to approve the  modification  of the plan of any project unless the modification is filed in his office prior  to  September  first  of  the  calendar  year preceding that for which the project has been approved. Any modification must be recommended on or before April first, nineteen hundred eighty.   6.  No  meeting  of  the  town  board shall be held for the purpose of adopting or modifying a plan, unless the town and county  superintendent of highways shall be notified thereof.   7. If a town has not adopted and filed a plan as above provided in the section,  it  may  adopt and file a plan in the manner set forth in this section on or before July  first  in  any  year  covering  all  projects contemplated during the remaining years of the period of the duration of this  article.  In such event the provisions of this article shall apply as if the plan originally had been filed in the manner provided in  this section.