N.Y. Highway Law § 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.