N.Y. Highway Law § 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.