2023 New York Laws › HAY - Highway › Article 3 - State Highways › 46 - State Highways in Villages.

§  46. State highways in villages. A state highway may be constructed,
  reconstructed or improved through a village so as to form  a  continuous
  highway on the state highway system. Such highway within a village shall
  be  of  such  width  and  type  of  construction  as the commissioner of
  transportation deems to be adequate.
Notwithstanding  any  inconsistent  provision  of  this  chapter,  the
  commissioner   of   transportation  is  also  authorized  to  construct,
  reconstruct or improve as a state highway any street within any  village
  which  has  been or which may hereafter be built by the state as part of
  the state highway system.
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 commissioner of
  transportation, include the installation,  construction,  reconstruction
  and  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 state highways.
For  all  the  purposes  of  this  section,  the  jurisdiction  of the
  commissioner of transportation shall extend  over  the  entire  property
  affected  by  the  provisions  hereof during the period of construction,
  reconstruction or improvement, as such jurisdiction has been obtained or
  may hereafter be obtained pursuant to the provisions  of  this  chapter.
  After  the  completion  and  acceptance  of  the  work  of constructing,
  reconstructing or  improving  of  a  state  highway  passing  through  a
  village,  the  state  shall  maintain  and  have  jurisdiction  over the
  pavement area of such highway and may assume maintenance  responsibility
  and  have jurisdiction over such other highway right of way areas as the
  commissioner of transportation shall determine, by official  order,  are
  necessary  for  the maintenance and protection of such highway facility.
  No additional points of access to, or exit from, such  highway  facility
  shall  be  made  without  prior  written approval by the commissioner of
  transportation.  Any  sidewalks,  sewers,,  water  mains,  curbs,  paved
  gutters,  conduits,  facilities  and  appurtenances  that  are  provided
  pursuant to this section, shall be maintained or shall be  continued  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  and
  jurisdiction  thereof  except  the  state  shall  maintain  any drainage
  ditches and storm sewer facilities which are  constructed  primarily  to
  service the state highway facility.
If a greater width or different type of construction is desired by the
  municipality,  the board of trustees of such village shall by resolution
  petition the commissioner of transportation 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 commissioner of  transportation  may  provide
  for  the  width  and type of construction described in such petition, if
  the commissioner deems the filing of such petition to be timely and  the
  construction   described   therein   to  be  practicable.  Whenever  the
  commissioner of  transportation  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  additional  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  funds  shall,
  prior to the award of the contract, be deposited by the village with the
  state   comptroller   subject   to  the  draft  or  requisition  of  the
  commissioner of transportation, and a certified copy of  the  resolution
  shall  be  filed  with  the  commissioner of transportation and with the
  state comptroller.  The moneys so required shall be  raised  by  tax  or
  pursuant  to  the  local  finance  law. Upon the completion of a highway
  within a village where a portion of the cost is borne  by  the  village,
  the  commissioner  of  transportation  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
  commissioner of transportation. In the event a  protest  is  filed,  the
  commissioner  of  transportation  shall  hear  the  same  and  if  it is
  sustained the commissioner of transportation shall delay the  acceptance
  of  the highway or section thereof until the same be properly completed.
  If no protest is filed, the highway or  section  thereof  shall  at  the
  expiration  of  the  said  twenty  days  be deemed finally completed and
  accepted on behalf of the village and the state, and shall thereafter be
  maintained in the manner provided in this chapter  for  the  maintenance
  and repair of state highways.
The  provisions of the village law, special village charters and other
  general or special laws relative  to  the  pavement  or  improvement  of
  streets  and the assessment and payment of the cost thereof shall apply,
  as far as may be, to such additional construction and the assessment and
  payment of the cost thereof, except that the provisions of  any  general
  or local act affecting the pavement or improvement of streets or avenues
  in  any  village  and requiring the owners, or any of the owners, of the
  frontage on a street to consent to the improvement or pavement  thereof,
  or  requiring  a  hearing  to  be  given  to  the  persons who, or whose
  premises, are subject to assessment, upon the  question  of  doing  such
  paving  or making such improvement shall not apply to the portion of the
  improvement or pavement of a state highway  the  expense  for  which  is
  required to be paid by the village to the state.