NY Town L § 202-F (2021)
2021 New York Laws TWN - Town Article 12 - District and Special Improvements 202-F - Construction or Installation of Certain Improvements in State Highways and County Roads.

§ 202-f. Construction or installation of certain improvements in state   highways  and  county  roads.    1.  In  the  event of the construction,   reconstruction or relocation of a state highway or county  road  in  any   town  outside  of  an  existing  water,  water storage and distribution,   sewer, sewage disposal or drainage district,  the  town  board  of  such   town,  after  a public hearing as hereinafter provided, may, at the time   of such construction, reconstruction or relocation, install or construct   such improvements in the right-of-way in such state  highway  or  county   road  as it may determine to be in the public interest for future use by   any such district or extension thereof in  such  town.  The  town  board   shall  cause  a  plan of the proposed improvement and an estimate of the   cost thereof to be prepared by the town engineer or, if there be no town   engineer, an engineer duly licensed by the state of New York.  When  the   plan  and estimate of the cost have been completed, the town board shall   call a public hearing thereon and cause a notice thereof to be published   in the official newspaper of said town, if  any,  or  if  none,  in  any   newspaper  which  could  be  designated as the official newspaper of the   town, the first publication thereof to be not less  than  ten  nor  more   than twenty days before the day set therein for said public hearing, and   shall also cause a copy of such notice to be posted on the sign-board of   the  town  maintained  pursuant  to subdivision six of section thirty of   this chapter not less than ten nor more than twenty days before the date   designated for such public hearing as aforesaid. In the event  that  the   town  maintains  a website, such information may also be provided on the   website. Such notice  shall  describe  in  general  terms  the  proposed   improvement, shall specify the estimated cost thereof and state the time   when  and  the place where such town board will meet to hear all persons   interested in the subject matter thereof. If the town board shall decide   after such public hearing and upon the evidence given thereat that it is   in the public interest to install or construct the proposed improvement,   such town board shall direct the engineer to prepare definite plans  and   specifications and make a careful estimate of the expense, and, with the   assistance  of  the  town  attorney  or  an  attorney  employed for that   purpose, to prepare a proposed contract for the execution of  the  work.   Thereupon,   such   town   board  shall  examine  such  definite  plans,   specifications, estimate and the proposed contract, and may  reject  the   same  or  make  such  modifications  or  changes  therein  as shall seem   necessary and desirable, and adopt the same and cause the improvement to   be installed or constructed in accordance therewith.2. The expense of any improvement authorized pursuant to this  section   shall  be  a  town charge and shall be assessed, levied and collected in   the same manner and at the same time as other  town  charges;  provided,   however, that nothing herein contained shall be construed to prevent the   financing in whole or in part, pursuant to the local finance law, of any   improvement  authorized  pursuant  to this section. Any such improvement   shall be deemed to be a district or special  improvement  authorized  by   article  twelve of this chapter within the meaning of subdivision two of   paragraph b of section 35.00 of the local finance law.  The  expense  of   any such improvement shall not exceed the amount stated as the estimated   cost thereof in the notice of the public hearing thereon.3.  The  town board may authorize the use of any improvement installed   or constructed pursuant to this section by any water, water storage  and   distribution,  sewer, sewage disposal or drainage district, or extension   thereof, thereafter  established  in  such  town,  provided  the  entire   expense   of   such  improvement,  together  with  the  expense  of  the   construction of the original improvement for such district or extension,   shall not exceed the maximum amount proposed to be expended as stated in   the petition, or, in the  case  of  a  water  storage  and  distribution    district  or  sewage  disposal  district, the notice of hearing, for the   establishment or extension of such district.  Whenever  the  town  board   shall  authorize  the  use  of  any improvement installed or constructed   pursuant  to this section by any district or extension thereof, the same   shall become a part of such district or extension thereof and the entire   cost of such improvement, including the expense of maintenance  thereof,   shall  be  a  charge  against  such  district  or extension and shall be   assessed, levied and collected in  the  same  manner  as  other  charges   against such district or extension.4.  No  improvement shall be installed or constructed within any state   highway or  county  road  pursuant  to  this  section  until  the  state   commissioner of transportation or the county superintendent of highways,   as  the  case  may  be,  shall have granted his written consent thereto,   which consent  may  be  made  subject  to  such  conditions  as  may  be   determined necessary or desirable to prevent undue interference with the   work of constructing, reconstructing or relocating such highway or road.5. In any town which is located wholly or partly within the Adirondack   park  which  contains  state  lands subject to taxation assessed at more   than thirty per centum of the total taxable assessed valuation  of  such   town  as  determined  from  the latest completed assessment roll of such   town, no expenditure shall be made or  contract  let  for  the  purposes   authorized  in  this section, unless the state comptroller, on behalf of   the state, shall consent to such expenditure. In all  other  cases,  the   consent  of  the  state  comptroller  shall  not  be  required  for  any   expenditure pursuant to this section.