NY Hwy L § 340-B (2021)
2021 New York Laws HAY - Highway Article 12 - State Routes 340-B - Construction, Improvement and Maintenance of State Interstate Highways.

§ 340-b. Construction, improvement and maintenance of state interstate   highways.  1. The highway routes and connections set forth and described   in section three hundred forty-a of the highway law shall be  designated   "interstate  highways" and shall be constructed or improved according to   such  designs  and  types  as  determined   by   the   commissioner   of   transportation,  subject to the provisions of federal aid therefor. Each   interstate highway shall ultimately provide for not less than two  lanes   of  traffic  in  each  direction.  Opposing  traffic  on every completed   interstate highway shall ultimately be separated by a mall generally  or   the commissioner of transportation may separate such opposing traffic by   such  other  alignment  of  respective  lanes  of  traffic which, in his   judgment, is practicable,  because  of  topographic  conditions  and  is   beneficial  to the public interest. Access from one traffic direction to   the other shall be provided only at such points and in  such  manner  as   the  commissioner  of transportation shall determine. Any state highway,   frontage, marginal and service road or portion thereof may  be  utilized   and  become  a  part  of  any  interstate highway when authorized by the   commissioner of transportation, provided such highway or portion thereof   either meets the prescribed requirements of an interstate highway or  is   appropriately  altered so as to come within such requirements before its   incorporation into the interstate highway. Access or branch  connections   from  any such interstate highway or section thereof to any highway that   is  authorized  by  this  chapter  shall,  in  the  discretion  of   the   commissioner of transportation, be included in the plans, specifications   and estimates and shall be constructed according to such design and type   as  the commissioner of transportation shall deem to be suitable for the   purposes thereof. For any portion or section of  an  interstate  highway   authorized  within  the  corporate  limits of a city, provision shall be   made for access thereto from existing streets at  points  designated  by   the  commissioner  of  transportation.  After  the  establishment of any   interstate highway no additional points of access to, or exit from,  the   project  shall  be  made  without  prior approval by the commissioner of   transportation and the federal bureau of public roads. The  commissioner   of transportation may set monuments on the boundaries of such interstate   highways,  and  he  may  cause fences to be erected along or adjacent to   such boundaries, and he is  authorized  to  install  suitable  lighting,   directional  and protective facilities, devices and appurtenances, if he   deems it necessary in the interests of public  safety.  The  maintenance   and  repair of interstate highways shall include the control of snow and   ice and shall be done by forces of the department of  transportation  or   by such other method or methods as determined by the commissioner, under   his  direct  supervision  and control and any inconsistent provisions of   this  chapter  are  superseded  insofar  as  they  conflict  with   this   provision. The cost of such maintenance and repair shall be borne wholly   by  the  state  and be paid for from moneys appropriated therefor by the   legislature. The maintenance of any highway, road  or  street  which  is   affected  by  this section and which in the judgment of the commissioner   of transportation is not deemed to be a part of the state highway system   shall be maintained by the municipality or the municipalities  in  which   all or part thereof is located.2.  The  commissioner  of transportation is authorized to classify any   part of an interstate highway as a controlled access highway pursuant to   this chapter. Highway and railroad grade crossings  shall  be  separated   generally  by  structures  to  be  determined  by  the  commissioner  of   transportation, who is  hereby  given  authority  to  combine,  connect,   alter,   reconstruct,   terminate  or  relocate  intersecting  highways,   streets, or roads to adjust traffic to such grade separation  structures   or  any  portion of an interstate route or connection. In the discretion    of the commissioner of transportation, a structure may be constructed to   eliminate an existing crossing at grade of  a  railroad  and  a  highway   which  intersects or closely parallels an interstate highway. The entire   cost  of  structures  constructed  pursuant  to  this  paragraph  as  so   determined by the commissioner of transportation shall  be  included  in   the  cost  of the interstate highway. Structures constructed pursuant to   this paragraph shall be maintained and repaired by the  state.  Highways   combined,  connected,  altered, reconstructed, relocated or carried over   or  under  an  interstate  highway  section  or  connection,  under  the   provisions of this paragraph, shall, upon completion of the work, revert   to  and become the responsibility with regard to maintenance and repair,   of the  state,  municipality,  authority,  commission  or  other  public   agency, as the case may be, formerly having jurisdiction thereover.3.  Notwithstanding any inconsistent provisions of this chapter or any   other  law,  general  or  special,  any  and  all  property  which   the   commissioner  of  transportation  deems  necessary for the construction,   reconstruction  and  maintenance  of  interstate  highways  and  bridges   thereon  shall  be acquired pursuant to the provisions of any section or   sections of this chapter applicable to the acquisition of land or rights   and interests therein, and for  the  settlement  of  claims  for  damage   resulting  from the work of constructing, reconstructing and maintaining   such interstate highways. The commissioner of  transportation,  for  the   people of the state of New York, shall acquire pursuant to the aforesaid   procedures  any  property or interest therein, necessary for any and all   purposes connected with the construction, reconstruction and maintenance   of the interstate highway system of the state of New York, including the   appropriation of property for drains, ditches, spoil banks, gravel pits,   stone quarries, storehouses and repair shops; also for  the  removal  of   obstructions,  improvement  of sight distance; also for appropriation of   property for the reconstruction of existing highway-railroad  separation   structures  upon incorporation into an interstate highway of an existing   highway or portion thereof of which  they  form  a  part,  and  for  the   separation  of  interstate  highway-railroad  grades  on  newly laid-out   interstate highways; and for other purposes to improve safety conditions   on the interstate highway routes. The term "property" as  used  in  this   section  is defined to include lands, waters, rights in lands or waters,   structures, franchises and interests  in  land,  including  lands  under   water  and  riparian  rights,  and  any  and all other things and rights   usually included within the said term and  includes  also  any  and  all   interests  in  such  property  less  than  full title, such as easements   permanent or temporary, rights-of-way, uses, leases,  licenses  and  all   other  incorporeal  hereditaments  and  every  estate, interest or right   legal or equitable.4. If moneys of the  federal  government  are  or  may  reasonably  be   expected  to  be available therefor, under federal aid highway acts, the   commissioner of transportation is authorized to use such  moneys  or  so   much  thereof  as  he  may  determine  to  accept,  together  with other   available  moneys,  for  (a)  the  construction  and  reconstruction  of   interstate  highways  designated  and described in section three hundred   forty-a  of  this  chapter,  (b)   the   construction,   reconstruction,   alteration  or repair, pursuant to the provisions of section two hundred   thirty of this chapter,  of  bridges  and  culverts  on  the  interstate   highway  system,  and (c) the preparation of preliminary surveys, plans,   specifications and estimates of costs in  connection  with  any  of  the   foregoing,  and  (d) the acquisition of rights of way necessary for such   interstate highways. The commissioner of transportation may perform such   work with respect to  any  interstate  project  which  he  may,  in  his   discretion,  select.  The proportion of the total cost of work performed    on any interstate project, in addition to such elements thereof  as  are   not  subject  to  federal  aid, which shall be borne by the state of New   York shall be the difference between the funds contributed for such work   by  the federal government and the actual cost thereof. No city shall be   required to participate in the costs of an interstate  highway  project,   whether  or  not  the  alignment  coincides  with  the  alignment  of  a   previously approved arterial route, except for  those  costs  which  are   incurred  under any special cooperative agreement between a city and the   state.5. a. Any property in the city of New York  which  is  deemed  by  the   commissioner  of  transportation  to  be necessary for the construction,   reconstruction and maintenance of interstate highways shall be  acquired   and  may  be  disposed  of  by  him pursuant to applicable provisions of   section thirty of this chapter.b. In any case in which property is to  be  acquired  or  disposed  of   pursuant  to  the  provisions  of this subdivision and in any case where   property  is  created  by  landfill   adjoining   such   property,   the   commissioner of transportation shall, prior to any proposed acquisition,   disposition  or new or different utilization, development or improvement   thereof, notify the city planning commission and the community board  in   each  community  district  in  which  the  property  is  located of such   proposal. Such notice shall be given so as to afford the  city  planning   commission and the community board reasonable opportunity to: (1) notify   the  public  of  the proposal; (2) conduct a public hearing thereon; and   (3) prepare and  submit  any  written  recommendations  thereon  to  the   commissioner of transportation not later than sixty days after notice of   the contents of the proposal.Within  a  reasonable time after receipt of any recommendations of the   city planning commission or community board or  the  expiration  of  the   time  within  which  any  such  recommendation could have been made, the   commissioner shall notify the commission and  respective  board  of  the   contents  of  his resulting proposal.   If any of the items contained in   the resulting proposal were  not  available  for  consideration  by  the   commission  or  board  within  the  time  provided  for  the  making  of   recommendations  thereon  the  resulting  proposal  shall  constitute  a   different  proposal  and  as  such  shall  be  subject  to the foregoing   provisions.The provisions of this paragraph b  shall  only  be  applicable  to  a   proposal  by  the  commissioner of transportation which if proposed by a   city agency or instrumentality would be subject  to  the  provisions  of   section  one  hundred  ninety-seven-c  of  the  New  York  city charter.   Provided, however, that the provisions of this paragraph b shall not  be   applicable  to  any  portion  of such property acquired, disposed of, or   created by landfill which is to be utilized exclusively as an interstate   highway so long as such utilization will not  detrimentally  affect  the   utilization,  development  or  improvement of remaining portions of such   property.c. Upon the completion of construction by the state of  a  section  or   sections   of   interstate  highways  in  the  city  of  New  York,  the   commissioner  of  transportation  may   by   official   order   transfer   jurisdiction   for  maintenance  of  interstate  highways  or  completed   portions thereof to the appropriate agency of the city of New York.5-a. The commissioner of transportation and  the  city  of  New  York,   acting  through the mayor or other administrative head thereof, pursuant   to a resolution of the governing body of such city,  are  authorized  to   enter into a written agreement for the maintenance and repair, under the   supervision   and  subject  to  the  approval  of  the  commissioner  of   transportation, of any state  interstate  highway  or  portion  thereof,    exclusive  of service roads and pavement on intersecting street bridges,   which is within the boundaries of such city and which is  now  or  which   shall  hereafter  be designated in section three hundred forty-a of this   chapter  and  which  has  been  constructed  or  which  shall  have been   constructed as authorized by  section  three  hundred  forty-a  of  this   chapter. Such agreement may provide that the state shall pay annually to   such  city  a  sum  to  be  computed  at  the  rate of (a) not more than   eighty-five cents per square yard of the pavement area that is  included   in the state highway system according to the provisions of this section,   and  (b)  an  additional ten cents per square yard of such pavement area   where such pavement area is located on any elevated bridge.The maintenance and repair, as provided in this section, shall be done   either by the forces of such city and with  its  equipment,  or  by  its   contractor, or by a combination of these two methods.Such  agreement  for  maintenance  and  repair  as  authorized by this   section, shall include the procedure and method for regulation of street   openings, and  appropriate  provisions  for  the  care,  protection  and   patching  of  the  pavement  or  pavements,  and  curbs,  the  care  and   protection of drainage facilities and  structures,  the  maintenance  of   adjacent  roadside  and  landscaped  areas to include the care of trees,   shrubs and groundcovers and the cutting of grass at specified  locations   and   to  the  extent  as  shall  be  deemed  by  such  commissioner  of   transportation to be for the best interest of  the  public,  control  of   snow  and  ice  on  any such state interstate highway or portion thereof   included in such agreement, the performance of repairs and  alterations,   and  the  operation  and  care of traffic lights, directional guides and   controls, and parking controls.   Such maintenance and  repair,  whether   done by the city pursuant to an agreement therefor as authorized by this   section,  or  by  the state because of the absence of such agreement, as   the case may be, shall not include (a) services of  lighting,  cleaning,   sweeping  and sprinkling of any such state interstate highway or portion   thereof, all of which services are deemed to be the  normal  maintenance   of  streets  by  the  city,  or  (b)  any  work on or in connection with   subsurface installations and structures that are owned and  operated  by   the city, including sanitary sewers, gas mains, water lines and conduits   and appurtenances thereto.6.  All  the provisions of this chapter relating to state highways and   state arterial highways and not inconsistent with the provisions of this   section or with  the  provisions  of  the  federal-aid  highway  act  of   nineteen   hundred   fifty-six,  shall  apply  to  the  construction  or   improvement and the control of maintenance of interstate highways in the   same manner as though they were designated as state highways or arterial   highways.