2023 New York Laws › HAY - Highway › Article 8-A - Town Highway Improvement Program › 220 - Improvement of Town Highways; Submission of Plan.

§  220.  Improvement of town highways; submission of plan. 1. The town
board  of  any  town  may,  upon  its   own   determination,   or   upon
recommendation  of  the town superintendent, elect to improve, repair or
reconstruct any portion or portions of its town highways which are  part
of  the  town  highway  system during the first five years of the period
after the  effective  date  of  this  article  in  accordance  with  the
provisions  hereof.  However, no highway or bridge turned back to a town
on and after January first, nineteen hundred seventy, shall qualify  for
aid  pursuant to this article. In that event, the town board may cause a
plan covering all projects contemplated by  it  during  said  five  year
period  to  be  prepared  and  may, by resolution, adopt such plan. Such
original plan shall be filed on or before June first,  nineteen  hundred
seventy-two, as follows:
(a)  With  the board of supervisors, or other legislative body, of the
county in  which  such  town  is  located,  together  with  the  written
recommendations of the county superintendent.
(b)  With  the commissioner, together with a copy of the resolution of
approval of such county board of supervisors or legislative body.
2. The commissioner, after investigation, may approve such plan or the
plan of any separate project thereof  for  execution  as  appropriations
therefor  may  be  available  or  may disapprove any such plan and shall
immediately notify the town board of such approval  or  disapproval.  If
any  such plan be disapproved, the commissioner shall immediately return
such plan to the  town  board  with  his  reasons  for  disapproval  and
suggestion  for  modification  of the plan and shall notify the board of
supervisors and county superintendent of such action.  Modification of a
disapproved plan shall be made and filed in like manner.
3. A copy of such plan, when prepared and approved as herein provided,
together with copies of the approval of the commissioner and  the  board
of supervisors, shall be filed in the office of the clerk of the town in
which  such  highway  is  located, in the office of the county clerk and
county superintendent of the county in which such town is  located.  The
copy transmitted to the commissioner shall be retained by him.
4.  The  statement  of  necessity required as a part of the plan for a
project shall set forth the reasons  why  such  improvement,  repair  or
reconstruction  is necessary adequately to serve permanent agricultural,
residential, commercial or industrial development  and  to  sustain  the
vehicular load imposed or likely to be imposed on such town highway.
5. Modification of any plan approved as herein provided may be made by
the  town  board  of  the  town  affected  thereby and must be filed and
approved in the manner hereinbefore provided for the filing and approval
of an original plan, except that the approval of  the  county  board  of
supervisors, or other legislative body, of the county in which such town
is located shall not be required. The commissioner may refuse to approve
the  modification  of the plan of any project unless the modification is
filed in his office prior  to  September  first  of  the  calendar  year
preceding that for which the project has been approved. Any modification
must be recommended on or before April first, nineteen hundred eighty.
6.  No  meeting  of  the  town  board shall be held for the purpose of
adopting or modifying a plan, unless the town and county  superintendent
of highways shall be notified thereof.
7. If a town has not adopted and filed a plan as above provided in the
section,  it  may  adopt and file a plan in the manner set forth in this
section on or before July  first  in  any  year  covering  all  projects
contemplated during the remaining years of the period of the duration of
this  article.  In such event the provisions of this article shall apply
as if the plan originally had been filed in the manner provided in  this
section.