N.Y. Highway Law § 151: Expenditures for sidewalks

§ 151. Expenditures for sidewalks. The town superintendent of any town

may, with the consent of the town board, maintain and repair existing

sidewalks in such town, and the expense thereof shall be a town charge.

Where such sidewalks shall consist of a board walk not more than ten

feet in width located on a highway less than two rods in width the town

superintendent of such town may maintain and repair such board walk or

renewal thereof and with the consent of the town board may replace such

board walk with a walk of concrete or other suitable construction and

the expense thereof shall be a town charge. The town board of any such

town may by resolution, direct the town superintendent to construct a

sidewalk along a described portion of any highway of the town, including

county roads and state highways, in the manner and not exceeding an

expense to be specified in the resolution, and the expense of

constructing such sidewalk shall be a town charge, and shall be paid in

the same manner as other town charges. No such sidewalks shall be built

along any state highway until the state commissioner of transportation

shall have made his consent thereto, pursuant to section fifty-four of

this chapter, and no such sidewalk shall be built along any county road

until the county superintendent of highways shall have made his consent

thereto, pursuant to section one hundred thirty-six of this chapter.

Nothing herein contained shall prevent the town board from requiring the

maintenance and repair of such sidewalks and the removal of snow

therefrom by the owners or occupants of property adjacent thereto as may

be required by the provisions of any town ordinance adopted pursuant to

the provisions of article nine of the town law. The provisions of this

section shall not apply to towns in a county containing more than three

towns and adjoining a city of the first class having a population of one

million or more, except that (a) in the town of New Castle, the town

superintendent, upon resolution of the town board consenting thereto,

may maintain and repair existing sidewalks in such town, and the expense

thereof shall be a charge against the unincorporated area of said town,

and (b) in the town of Greenburgh at any annual school district meeting

the majority of the voters present and voting thereat may authorize the

school board of such district to petition the town board to construct,

maintain and repair sidewalks fronting on its school property or

specified portions thereof and pursuant to such petition the town board

may by resolution direct that the town superintendent provide for the

construction, maintenance and repair of such sidewalks and the cost

thereof shall be assessed against the school property benefited thereby

and paid by such school district and (c) in the town of Mount Pleasant,

the town superintendent, upon resolution of the town board consenting

thereto and authorizing the same, may construct, maintain and repair or

cause to be constructed, maintained and repaired sidewalks along a

described portion of any highway in the town, including county roads and

state highways, providing that in the case of sidewalks along county

roads and state highways no sidewalks shall be built until the consents

hereinabove provided are first obtained, and the expense thereof shall

be a charge against the unincorporated area of the said town.

In any town in which no village is situated, the expense of

constructing a sidewalk along a described portion of any highway in the

town, including county roads and state highways, as herein provided, may

be financed in whole or in part as provided by the local finance law,

and the construction of such sidewalks may be made by contract in the

manner provided by section one hundred ninety-three herein.