NY Hwy L § 117-A (2021)
2021 New York Laws HAY - Highway Article 6 - County Roads 117-A - Highways in Villages in Niagara County.

§  117-a.  Highways  in  villages  in  Niagara  county.  The  board of   supervisors of Niagara county may place upon the map of the county  road   system and may provide for the construction, reconstruction, improvement   or  maintenance  of  a  county highway through a village so as to form a   continuous highway on the county road  system.  Such  highway  within  a   village  shall  be  of such width and type of construction as the county   superintendent deems to be adequate.Notwithstanding any inconsistent provision of this chapter, the  board   of  supervisors  of  Niagara county is also authorized to place upon the   map of the county road system  and  to  provide  for  the  construction,   reconstruction,  improvement or maintenance of any street or road within   the boundaries of any village, which street or  road  may  be  a  direct   continuation of a county highway.Notwithstanding the provisions of any general, special or local law or   any  inconsistent  provision  of this chapter, the plans, specifications   and estimate of cost of such construction, reconstruction or improvement   provided  in  this  section,  may,  in  the  discretion  of  the  county   superintendent,  include the installation, construction, reconstruction,   improvement of curbs, drainage facilities and retaining walls to protect   pavements; the removing, relocating,  constructing,  reconstructing  and   improving any existing structures, facilities and appurtenances owned by   any  municipality and removing, relocating, constructing, reconstructing   and improving sidewalks, and intersecting highways, roads or streets  to   accommodate  adjusted or changed grades of highways, roads or streets in   the  interest  of  public  safety;  all  in  addition  to  the  relevant   provisions  of  this  chapter  that  relate to the preparation of plans,   specifications and estimates for the  construction,  reconstruction  and   improvement of county highways.The  county  superintendent  shall  have  jurisdiction over the entire   property affected by the provisions hereof to the same extent as may now   or hereafter be provided by law. Any  sidewalks,  sewers,  water  mains,   conduits,  facilities  and  appurtenances  that are provided pursuant to   this section, shall be maintained or shall continue to be maintained, as   the case may be, by the village in which they are  located,  or  by  the   agency or other unit owning or having control thereof.Notwithstanding  the  provisions of any general, special or local law,   and in the interest of public safety and to promote  public  convenience   in  the  use  of  highways,  roads or streets hereby affected, any local   rule, regulation, ordinance, law or  statute  hereafter  enacted,  which   relates to or affects parking, traffic operation of vehicles, pedestrian   traffic  or  any  other  traffic  conditions  on such highways, roads or   streets in villages, shall be ineffective until the  governing  body  of   any  such  village  shall first submit such rule, regulation, ordinance,   law or statute to and it be approved by the county superintendent.If greater width or different type of construction is desired  by  the   municipality,  the board of trustees of such village shall by resolution   petition the county superintendent 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 village. The county superintendent may provide  for  the  width  and   type  of  construction described in such petition, if the superintendent   deems the filing of such petition to  be  timely  and  the  construction   described  therein to be practicable. Whenever the county superintendent   shall have approved such a village petition, the  plans,  specifications   and  estimates of cost, together with an estimate showing the additional   cost to be borne by the village, to provide for  the  greater  width  or   different  type of construction or both, shall be submitted to the board   of trustees which, if it approve such plans, specifications and estimate    of cost, shall by resolution appropriate the funds necessary to  provide   for  the portion of the cost of construction to be borne by the village.   Such fund shall, prior to the award of the contract, be deposited by the   village with the county treasurer subject to the draft or requisition of   the  county superintendent, and a certified copy of the resolution shall   be filed with the county superintendent and with the  county  treasurer.   The  moneys  so required shall be raised by tax or pursuant to the local   finance law. Upon the completion of a highway, road or street  within  a   village  where a portion of the cost is borne by the village, the county   superintendent shall transmit to  the  board  of  trustees  a  statement   showing the actual costs of the additional width or changed construction   including  a  proportionate charge for engineering, and shall notify the   village clerk that he 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 county superintendent. In  case  a   protest  is  filed, the county superintendent shall hear the same and if   it is sustained the county superintendent shall delay the acceptance  of   the  highway, road or street until the same be properly completed. If no   protest is filed, the highway, road or street shall at the expiration of   the said twenty days be deemed finally completed and accepted on  behalf   of the village and the county, and shall thereafter be maintained in the   manner provided in this section.The  provisions  of  this  section  shall  not be deemed to affect the   lawful authority or power of the state commissioner of transportation to   regulate or  limit  the  construction,  reconstruction,  improvement  or   maintenance of county highways.The  provisions  of this section shall apply only to the construction,   reconstruction, improvement or maintenance of  county  roads  or  direct   continuations   of   county   roads   lying  within  the  boundaries  of   incorporated villages in the county of Niagara and money from the county   road fund may be used for the purposes of this section.