2023 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.