NY Hwy L § 102 (2021)
2021 New York Laws HAY - Highway Article 5 - County Superintendents 102 - General Powers and Duties of County Superintendents.

§ 102. General powers and duties of county superintendents. The county   superintendent appointed as provided in this article shall:1.  Have  supervision  of  all roads and bridges comprising the county   highway system,  together  with  any  other  roads,  bridges,  including   bridges  over  canals  and  railroad  bridges  and  state and interstate   highways for which responsibility is imposed upon the county  under  any   lawful agreement made by the county or under any other provision of law.2. Visit and inspect the county roads and county bridges of his county   so  often  as  shall be necessary. Visit and inspect any specified city,   town or village highway or  bridge  of  his  county  when  requested  in   writing by the town superintendent, city or village mayor and advise and   direct  the  town  superintendent  or  the  appropriate  city or village   official how best to  repair,  maintain  and  improve  such  highway  or   bridge.3.  Shall prepare and submit annually, in the manner prescribed by and   on or before the date fixed by or pursuant to law, a  statement  of  the   amount  necessary  to  be  raised  by  the  board of supervisors for the   construction, improvement and maintenance of such county roads  for  the   ensuing  year,  showing  the  amount  by  towns  and  as a total and the   location where any permanent repairs are required to be made.4. Examine the various formations and deposits of gravel and stone  in   his county, for the purpose of ascertaining the materials which are best   available and suitable for the improvement of highways therein.5.  Establish,  or cause to be established, such grades, and recommend   such means of  drainage,  repairs  and  improvements,  as  seem  to  him   necessary whenever requested by the town superintendent or town board.6. Approve plans and specifications and estimates for the erection and   repair of bridges and the construction and maintenance of town highways.7.  Report  to the department of transportation annually, on or before   October first in each year, in relation to the highways and  bridges  in   his county, containing such matter and in such form as may be prescribed   by  the  department of transportation, and file a duplicate thereof with   the clerk of the board of supervisors. Additional reports shall be  made   from  time  to time when required by the department of transportation in   respect to such matters as may be specified by it.9. During the construction or improvement of any highway or  road,  if   such  highway  or  road  be  closed  to the traveling public and another   existing highway is caused to be used in lieu of the closed  highway  or   road  as  provided  in  section  one  hundred  and four of this chapter,   provide, erect and maintain a sufficient number of detour signs so  that   the  temporary route or detour shall be clearly indicated throughout its   entire length, and upon the discontinuance of said  temporary  route  or   detour,  cause  said  signs  to  be removed, and the cost of all thereof   shall be paid out of  any  moneys  available  for  the  construction  or   improvement or maintenance of such highways or roads, respectively.10.  Accurately  ascertain  and  locate the corners of the established   boundaries of counties, towns, cities and villages and, where  townships   were  originally  subdivided  into  lots  to  accurately  ascertain  and   establish such lot corners if any such corners will  be  located  within   the bounds of the improved part of any state or county highway or county   road.If the county superintendent shall not be a civil engineer he may hire   a competent civil engineer to locate such corners. In either case he may   employ  such  other assistants as may be necessary, the cost and expense   thereof to be a county charge.Nothing in this subdivision contained, however, shall be construed  to   extend  to  the  location  of the corner or other boundaries of city, or   village lots, or farm lands, except as they may  be,  incidentally,  the    corners  of  the  boundaries  of  counties,  towns,  cities, villages or   original subdivisions of towns, except, also, that where the corners  or   boundaries of city or village lots, or farm lands, have been located and   a  monument  placed before the improvement of such highway, the owner of   such city or village lots or farm lands may point out to  such  engineer   the location of such monument, and upon such owner furnishing a suitable   monument,  it  shall be the duty of such engineer to erect such monument   in the manner heretofore provided.11. Cause noxious weeds, briers and brush growing within the bounds of   county roads and town highways improved by county  aid  to  be  cut  and   removed  between  July fifteenth and August fifteenth, and as many other   times as he may deem necessary, in each year,  and  perform  such  other   duties  as may be prescribed by law, or the rules and regulations of the   department.13. File with the clerk of the board of supervisors not later than the   thirty-first day of December of each year an itemized inventory  of  all   machinery  and  equipment  under his jurisdiction, showing the condition   and estimated present value of each article, except small  tools  of  an   original  value  not  exceeding five dollars. He shall also include with   said inventory a statement as to the condition of any tool  house,  shop   or  garage  under his jurisdiction and an estimated amount for necessary   repairs or improvements.14. Have the full control of all shade trees within the  county  roads   on  the county road system, but not within the limits of an incorporated   village, and shall prosecute complaints  for  malicious  injury  to,  or   unlawful acts concerning, such public shade trees.15. Provide for the construction of sidewalks adjacent to county roads   when  he  is  of  the opinion the same are necessary. He shall have full   authority to determine the type, width, location  with  respect  to  the   highway, and the general construction details of such sidewalks. No such   sidewalk  shall  be  constructed  in  that  portion  of a town outside a   village unless the town board consents thereto. No such  sidewalk  shall   be  constructed  within any city or village unless the governing body of   such city or village consents thereto.  The expense of such construction   shall be a proper charge against funds available for  the  construction,   reconstruction or maintenance of county roads.16.  Notwithstanding  any  inconsistent  provision  of  law,  general,   special or local, the county superintendent of highways  of  any  county   may,   with  the  approval  of  the  board  of  supervisors,  or  county   legislature,  permit  the  use  of  county  highway  machinery,   tools,   equipment  and  implements, by the superintendent of public works of any   city in such county, upon such terms and conditions  as  may  be  agreed   upon  by the county and city involved. All sums obtained pursuant to any   terms agreed upon shall be deposited in the county road machinery fund.17. Have authority to erect signs on county roads  and  town  highways   warning  the  public  of the penalty for placing injurious substances on   such roads or highways under the provisions of the vehicle  and  traffic   law.18.  Removal  of vehicles. a. The county superintendent shall have the   power to cause the removal of any vehicle left unattended for more  than   twenty-four  hours  within the right of way of any county road or on any   other public property under his jurisdiction.b. The county  superintendent  shall  have  the  power  to  cause  the   immediate  removal,  from  the  right  of way of any county road, of any   vehicle which obstructs or interferes with the  use  of  such  road  for   public  travel;  or which obstructs or interferes with the construction,   reconstruction or maintenance  of  such  road;  or  which  obstructs  or   interferes  with  the clearing or removal of snow or ice from such road;    or which obstructs or  interferes  with  any  operation  of  the  county   department of highways during a public emergency.c.  The owner of a vehicle removed under any of the provisions of this   subdivision may be charged the reasonable cost of removal thereof.d. The term "vehicle" as used in this subdivision,  shall  mean  every   device  in,  upon,  or  by  which  any  person  or property is or may be   transported or drawn upon a road, except devices moved by human power or   used exclusively upon stationary rails or tracks.