N.Y. Highway Law § 234: Public authority, public benefit corporation, commission, county, town, city or village bridges

§ 234. Public authority, public benefit corporation, commission,

county, town, city or village bridges. 1. a. All public authorities,

public benefit corporations, commissions, county superintendents of

highways, town superintendents of highways, and legislative bodies of

cities and villages shall cause an inspection to be made of each bridge

under their respective jurisdictions. Such inspection shall be made on a

frequency and shall be conducted under standards prescribed by the

commissioner pursuant to rules and regulations adopted in accordance

with this article. Upon the request of the appropriate public authority,

public benefit corporation, commission, county highway superintendent,

town highway superintendent or appropriate city or village official, the

department may make such inspection. If the appropriate public

authority, public benefit corporation, commission, county

superintendent, town superintendent or appropriate city or village

official does not request such an inspection and the commissioner

determines after suitable investigation that the appropriate public

authority, public benefit corporation, commission, county

superintendent, town superintendent, or city or village official has not

complied with the rules and regulations of the department adopted in

accordance with this article for the inspection of bridges, and after

due notice, the commissioner shall cause such inspection to be made.

After such inspection the bridge shall have the same status with respect

to maintenance and liability as it had prior to inspection.

b. The cost of the inspection of any bridge owned by a public

authority or a public benefit corporation shall be the responsibility of

such public authority or public benefit corporation. If such public

authority or public benefit corporation fails to reimburse the

department for such reasonable and necessary costs after due notice as

provided by rules and regulations, the commissioner is hereby authorized

and empowered to commence an action in a court of competent jurisdiction

to collect any money owed by such public authority or public benefit

corporation for such inspections.

c. Once the department has conducted an inspection of any bridge it

shall continue to make subsequent inspections of such bridge as may be

required; however, if the appropriate public authority, public benefit

corporation, commission, county superintendent, town superintendent or

appropriate city or village official notifies the commissioner that such

public authority, public benefit corporation, commission, or local

jurisdiction desires henceforth to make such inspection and demonstrates

to the commissioner that it has the means to do so in accordance with

the provisions of this article and the rules and regulations adopted

pursuant thereto, the appropriate public authority, public benefit

corporation, commission, county superintendent, town superintendent, or

city or village official shall reassume responsibility for such

inspection.

2. a. If the result of an inspection indicates that a bridge is unsafe

for public use and travel with legal weights, or if posted, with such

posted weights, the appropriate public authority, public benefit

corporation, commission, county superintendent, town superintendent or

city or village official shall close it to all traffic and shall notify

the department of that fact. The appropriate public authority, public

benefit corporation, commission, county superintendent, town

superintendent or city or village official shall thereupon cause to be

posted conspicuous notices on such bridge and also on the approaches

thereto to the effect that the bridge is closed to all traffic and shall

at the same time cause to be erected suitable barricades for closing

such bridge, including the necessary lights which shall be visible to

any one approaching such barricades from one hour after sunset to one

hour before sunrise. Neither the county nor the town nor any other

public entity shall be responsible for any damages which may result to

any person entering on or traveling over such bridge after the posting

of such notices and the erection of such barricades.

b. If the appropriate public authority, public benefit corporation,

commission, county, town, city or village fails to close such a bridge,

the department is hereby authorized and directed to close and barricade

such bridge in accordance with the provisions of this article and rules

and regulations adopted pursuant thereto, and any reasonable and

necessary costs incurred by the department shall be the responsibility

of and paid for by the appropriate public authority, public benefit

corporation, commission, or municipality. If such public authority,

public benefit corporation, commission or municipality fails to

reimburse the department or division for such costs after due notice as

provided by rule and regulation, the commissioner is authorized to

pursue all available remedies including but not limited to commencing an

action in a court of competent jurisdiction to collect any such money

owed by a public authority, public benefit corporation, commission or

municipality.

3. a. If a bridge is found to require a load capacity evaluation, it

shall be the responsibility of the appropriate public authority, public

benefit corporation, commission, county highway superintendent, town

highway superintendent or city or village official to determine the

total safe load which may be permitted to pass over such bridge and such

public entity or the appropriate public official shall notify the

department of such determination. Such load capacity evaluation must be

performed by a licensed professional engineer. No person shall drive

animals or operate a vehicle or combination of vehicles on or across any

such bridge the total weight of which, on said bridge at any one time,

shall exceed the total safe load as sign posted. It shall thereupon be

the duty of the appropriate public authority, public benefit

corporation, commission, county highway superintendent, town highway

superintendent or city or village official, with respect to structures

under their respective jurisdictions, to post signs to inform persons of

the safe load permitted on such bridge. The type and manner of placement

of such signs shall conform to the manual and specifications of the

department. Neither the state nor any other public entity shall be

responsible for any damages which may result to vehicles or animals of a

greater weight upon such bridge than that indicated on the signs.

b. If the appropriate public authority, public benefit corporation,

commission, county, town, city or village fails to determine the safe

load capacity and, if appropriate, post the total safe load which may be

permitted to pass over a bridge within sixty days of being notified that

a load capacity evaluation is required, the commissioner may, close the

bridge in accordance with the provisions of this article and the rules

and regulations adopted pursuant thereto and any reasonable and

necessary costs incurred by the department shall be the responsibility

of and paid for by the appropriate public authority, public benefit

corporation, commission or municipality. If such public authority,

public benefit corporation, commission or municipality fails to

reimburse the department or division for such costs after due notice as

provided by rule and regulation, the commissioner is authorized to

pursue all available remedies including but not limited to commencing an

action in a court of competent jurisdiction to collect any such money

owed by a public authority, public benefit corporation, commission or

municipality.

4. If a bridge having a span less than twenty-five feet is condemned,

the county superintendent shall without delay cause to be prepared

plans, specifications and estimates for the repair, alteration or

reconstruction of such bridge and approaches thereto or for the

construction of a bridge and approaches thereto on new location.

The cost of preparing such plans, specifications and estimates, if

any, may be paid by the treasurer of the county on the order of the

county superintendent, together with an itemized statement of such

costs, from any money of the county appropriated for the construction of

bridges. On or before the thirty-first day of October in each year the

county treasurer shall report the amount of such expenditures to the

town superintendent of highways of the town in which such bridges are

located and the amount thereof shall be included in the estimate of

expenditures for highways and bridges required to be prepared by the

town superintendent of highways and shall thereafter be paid by the

supervisor upon a voucher approved by the town superintendent of

highways after audit in the same manner as other charges against the

town to the county treasurer from taxes levied and collected for that

purpose.

5. If a bridge having a span less than twenty-five feet has been

inspected by the county superintendent and posted by the town

superintendent as safe for restricted use, it shall be the

responsibility of the town to maintain the structure in a proper

condition of repair for safe usage by the public in accordance with the

posted limits of loads and speed.

6. Any bridge having a span of twenty-five feet or more, which has

been inspected by the county superintendent of highways, may be taken

over by the county under official order of the county superintendent of

highways. Otherwise its status shall remain the same as bridges having

less than twenty-five feet span. If a bridge having a span of

twenty-five feet or more has been taken over by the county under

official order, it shall be repaired, altered, reconstructed or

constructed on new location under the direction of the county

superintendent of highways. Upon the issuing of such official order the

county superintendent shall without delay cause to be prepared plans,

specifications and estimates for the repair, alteration or

reconstruction of such bridge or for the construction of a bridge on new

location and it shall be the duty of the board of supervisors forthwith

to undertake such repair, alteration, reconstruction or construction

work. The county in which such bridge having been taken over by the

county superintendent of highways is located shall pay the cost of such

repair, alteration, construction or reconstruction and the board of

supervisors of such county is hereby authorized to provide funds for

such purposes in accordance with the provisions of the highway law

relating to the raising of moneys for the construction, reconstruction

or repair of county roads and town highways.

Payment of such construction, reconstruction or maintenance shall be

made as follows:

Where the construction, reconstruction or maintenance is done by

contract, from time to time as the work proceeds, and in accordance with

rules to be established by the commissioner of transportation, the

county superintendent of highways shall prepare a voucher showing the

value of the work completed and a verified certificate showing that such

work was done in accordance with the plans and specifications. Such

voucher and certificate shall be filed with the county treasurer. In the

event that the work was done by county forces, a similar voucher for the

work done, including material furnished, and a similar certificate shall

be filed with the county treasurer. The county treasurer, on such

voucher shall, in cases where the work has been done by contract, pay

out of the money provided an amount not exceeding ninety per centum, or

in a case where the bond is dispensed with, eighty per centum, of the

contract price of such completed work; and where the work has been done

by county forces shall pay the full amount of such voucher. The balance

of the contract price shall be paid after the completion of the work

when the same has been accepted by the county superintendent by a

certificate and voucher filed in the office of the county treasurer.

The county superintendent may, pending the preparation of said plans,

specifications and estimates and pending the performance of the duty of

the board of supervisors as above prescribed, and subject to the

monetary limitations as hereinafter set forth, make such emergency

repairs to such bridges or build temporary structures thereat, as he

deems necessary without the approval and the adoption of a resolution by

the board of supervisors previous to the performance of such work; and

the board of supervisors may cause such a sum of money to be raised as

it deems necessary for the purpose of the construction, reconstruction

or repairs, and for such other purposes for bridges as are required by

law, under the direction and supervision of the county superintendent.

It shall be the duty of the county treasurer to pay for any such

emergency work from said money upon the submission to him of an itemized

statement of all such expenditures connected therewith upon the order of

the county superintendent.

In case of an emergency if the appropriation for bridge purposes is

exhausted or insufficient the county treasurer may pay from any

unobligated balance in the county road fund and the board of supervisors

shall, at its first subsequent meeting, appropriate a sufficient amount

to reimburse the county road fund for money so expended. The county

treasurer shall report the receipts and expenditures pursuant to this

section at the same time and in the same manner that he is required to

do by the provisions of article six of the highway law. Such account

shall be subject to audit by the board of supervisors and may be

examined by the state comptroller at any time.

7. If a bridge having a span of twenty-five feet or more has been

taken over by the county on the official order of the county

superintendent of highways and posted by the town superintendent as safe

for restricted use, it shall be the responsibility of the county to

maintain the structure in a proper condition of repair for safe usage by

the public in accordance with the posted limits of loads and speeds.

8. Any bridge having a span of less than twenty-five feet as provided

in this section shall be maintained at the expense of the town in which

such bridge is located. Any bridge having a span of twenty-five feet or

more built in accordance with the provisions of this section and located

upon a county road shall be maintained by the county in which such

bridge is located. All other bridges built by the county under this

section shall be maintained by the county excepting that the floor or

wearing surface of such bridges shall be maintained by the towns in

which they are located.

9. If a bridge having a span less than twenty-five feet is located in

more than one town, the procedure in this section shall apply equally to

such towns and town superintendents affected.

If a bridge having a span of twenty-five feet or more is located in

more than one county, the procedure in this section shall apply equally

to such counties and county superintendents.

Such portions of the highway law relating to bridges located in more

than one town or more than one county shall apply in so far as the same

is not inconsistent with other provisions of this section.

For the purposes of this section, a bridge having a span of

twenty-five feet or more shall be considered a structure wherein the

horizontal distance from face to face of abutments at the bridge seat

elevation is not less than twenty-five feet.

10. Upon the recommendation of the county superintendent, the board of

supervisors may, at any time, by resolution, take over any bridge having

a span of twenty-five feet or over which is on a town highway or any

town bridge over twenty-five feet long located within an incorporated

village, although such bridge may not have been condemned, for the

purpose of maintaining and preserving the same under the supervision of

the county superintendent. Upon the adoption of such a resolution the

clerk of the board of supervisors shall mail a certified copy of the

resolution to the county superintendent, the county treasurer and the

supervisor of the town within which such bridge is located, which copy

shall be filed by each of said officers in his office. Such resolution

shall also appropriate and make immediately available to the order of

the county superintendent from county funds, such sum as may be deemed

necessary for the preservation or maintenance of such bridges, and it

shall be the duty of the board of supervisors to appropriate and make

available to the order of the county superintendent from time to time

from county funds such sums as may become necessary for the preservation

and maintenance of such bridges. Any bridge taken over by the county

pursuant to this section shall be under the direct supervision of the

county superintendent of highways and if a bridge is a draw-bridge or of

a nature that requires the services of an operator or attendant, such

operator or attendant shall be employed by the county superintendent of

highways and paid out of county funds appropriated for the maintenance

of bridges.

11. (a) Upon the recommendation of the county superintendent that any

bridge having a span of twenty-five feet or over, which is on a county

road or a town highway, has become useless and not necessary for the

public convenience and welfare, the board of supervisors, to promote the

interests of the county, upon a resolution adopted by a majority of the

members of such board, may authorize, empower and direct the county

superintendent acting for and in behalf of such board, to make an order

abandoning any such bridge, provided, however, that such order shall

become effective if and when he shall have obtained a written release

from all damages from the owners of the land adjacent to the section of

the highway upon which such bridge is located between lateral

intersecting highways affected thereby. Such release shall contain a

provision that it shall forever be binding upon and in full force and

effect against the owner, his lessees, grantees, assigns, successors,

heirs and devisees and such release shall, when recorded and indexed as

hereinafter prescribed, be so binding. Said release shall be duly

acknowledged in the manner to entitle a conveyance transferring any

estate in real property to be recorded and it shall be recorded and

indexed in the county clerk's office in which the lands described in a

release are located as a conveyance under the real property law.

(b) The county superintendent, with the approval of the chairman of

the board of supervisors and the county judge, may agree with such owner

or owners upon the amount of consideration for such releases in a gross

sum not to exceed five thousand dollars. An order of the county

superintendent as herein provided shall be final. The amount agreed upon

to be paid to such owners for such releases and the cost of the removal

of such useless bridge and/or the cost for the erection of obstructions

or barricades shall be a county charge and may by resolution of the

board of supervisors be paid from any funds of the county that may be

legally used for such purpose or may be raised, in whole or in part,

pursuant to the local finance law. Whenever the money to be paid for

such releases is available the county treasurer shall pay to the said

owners executing said releases the amounts agreed upon to be paid to

them for said releases upon the requisition of the county

superintendent.

(c) It shall be the duty of the county superintendent upon the making

of an order of abandonment to file the same in the office of the clerk

of the board of supervisors and to file copies thereof certified by the

clerk of the board of supervisors in the town clerk's office of the town

or towns in which such useless bridge or part thereof is situated, and

he shall send two such certified copies of said order to the department

of transportation. Upon the filing of said order it shall be the duty of

the county superintendent to erect at and across each end of such

useless bridge a suitable substantial barricade or obstruction to close

such bridge and for the prevention of further use thereof and passage

thereon or thereto and there shall be installed suitable signs, the type

and manner of placement of which shall conform to the New York State

manual of uniform traffic control devices. If such bridge is taken down,

the county superintendent shall place like obstructions or barricades at

the ends of the portions of the highway at the places where the highway

joined such bridge. The county superintendent shall also erect suitable

signs at lateral intersecting highways which in his judgment afford most

convenient detours to another bridge or bridges to be used by the

traveling public instead of such abandoned bridge. The cost of such

signs, their erection and maintenance shall be paid for in the manner

provided for the payment of the barricades and obstructions as

aforesaid.

12. Upon the written recommendation of the county superintendent that

any bridge having a span of twenty-five feet or over, which is on a

county road or town highway, has become useless and not necessary for

the public convenience and welfare, the board of supervisors, upon a

finding by resolution of the town board as to any such bridge on a town

highway, or upon a finding by resolution of such board of supervisors as

to any such bridge on a county road, to promote the interests of the

county, may, upon a resolution adopted by a majority of the members of

such board, order and direct the county superintendent to abandon such

bridge on a county road or town highway and to erect suitable barricades

for closing such bridge and also signs in relation to such abandonment

as are prescribed for the abandonment of a useless bridge in the last

above preceding subdivision of this section.

The clerk of the board of supervisors shall forthwith serve a

certified copy of such resolution on the county superintendent and

thereupon the county superintendent shall make, in duplicate, a written

order of abandonment of such bridge and file one of them in his office

and one of them in the office of the clerk of the board of supervisors,

who shall forthwith make and certify copies of such resolution and of

such order and file the same in the town clerk's office of the town or

towns in which said useless bridge is situated and shall mail two

certified copies of such resolution and of such order to the state

department of transportation. Upon the county superintendent making and

filing such order of abandonment, he shall forthwith permanently and

substantially barricade such bridge to public highway uses and purposes,

or remove the bridge and build sufficient permanent and substantial

barricades across the road or highway at the points where entrance was

made upon the bridge, and the cost and expense thereof shall be a county

charge, to be paid by the county treasurer upon the order of the county

superintendent.

If the board of supervisors or the county superintendent, for and in

behalf of the board, is unable to obtain releases from all damages, not

exceeding the amounts prescribed in the last preceding subdivision of

this section, from owners of the land adjacent to the section of the

road or highway upon which such abandoned bridge is located, lying

between such bridge and intersecting roads or highways, such owners of

lands shall be entitled to recover from the county the damages resulting

from the abandonment of such bridge. Any such owner claiming damages

from such abandonment of such bridge may, within ninety days after such

bridge has been barricaded against or removed from the public use, apply

to the supreme court at a special term thereof to be held in the

judicial district in which the county is located for the appointment of

three commissioners of appraisal to determine and assess the damages to

which he is entitled to be paid by the county. Notice of application

must be served upon the chairman of the board of supervisors at least

ten days before the hearing thereof. The commissioners of appraisal

shall be taxpayers of such county but shall not reside in the town in

which such abandoned bridge is or was situated. All proceedings

subsequent to the appointment of commissioners of appraisal shall be

taken in accordance with the provisions of the condemnation law so far

as applicable. The commissioners of appraisal, appointed as herein

provided, for each day necessarily employed as such shall each be

entitled to fifteen dollars and his necessary expenses, which shall be a

county charge to be audited by the board of supervisors or a committee

thereof and paid by the county treasurer upon the order of the board by

its chairman.

If such bridge is over the county boundary line between two counties,

the aforesaid abandonment proceedings, steps and measures may be taken

in, for and by the respective counties for the abandonment of such

useless bridge, and the cost and expense thereof shall be at the joint

cost and expense of such counties, excepting, however, that each county

shall severally pay the cost of obtaining releases for damages or the

damages determined and assessed by the commissioners of appraisal in

connection with the lands in each county affected as herein specified.

12-a. Upon the recommendation of the county superintendent that any

bridge having a span of twenty-five feet or over which is on a town

highway outside of a city, and which is not on the improved state system

of highways, or any such bridge which is under the supervision of the

town superintendent of highways, located within an incorporated village,

and which has been condemned by the county superintendent of highways

under the provisions of subdivisions one and two of this section, and

which has not been taken over by the county under the official order of

the county superintendent of highways pursuant to subdivision six of

this section, has become useless and not necessary for the public

convenience and welfare, the board of supervisors, to promote the

interest of the county may, upon a resolution adopted by a majority of

the members of such board, order and direct the county superintendent to

abandon such bridge on a town highway or any such bridge which is under

the supervision of the town superintendent of highways located within an

incorporated village, and to erect suitable barricades for closing such

bridge, and also signs in relation to such abandonment, as are

prescribed for the abandonment of a useless bridge in subdivision eleven

above.

The clerk of the board of supervisors shall forthwith serve a

certified copy of such resolution on the county superintendent and

thereupon the county superintendent shall make, in duplicate, a written

order of abandonment of such bridge pursuant to the provisions of this

subdivision and file one of them in his office and one of them in the

office of the clerk of the board of supervisors, who shall forthwith

make and certify copies of such resolution and of such order and file

the same in the town clerk's office of the town or towns in which said

useless bridge is situated and shall mail two certified copies of such

resolution and of such order to the state department of transportation.

Upon the county superintendent making and filing such order of

abandonment, he shall forthwith permanently and substantially barricade

such bridge to public highway uses and purposes, or remove the bridge

and build sufficient permanent or substantial barricades across the road

or highway at the points where entrance was made upon the bridge, and

the cost and expense thereof shall be a county charge, to be paid by the

county treasurer, upon the order of the county superintendent.

If the board of supervisors or the county superintendent, for and in

behalf of the board is unable to obtain releases from all damages not

exceeding the amounts prescribed in subdivision eleven of this section,

from owners of the land adjacent to the section of the road or highway

upon which such abandoned bridge is located, lying between such bridge

and intersecting roads or highways, such owners of lands shall be

entitled to recover from the county the damages resulting from the

abandonment of such bridge. Any such owner claiming damages from such

abandonment of such bridge may, within ninety days after the filing of

the order of abandonment authorized by this subdivision in such town

clerk's office, apply to the supreme court at a special term thereof, to

be held in the judicial district in which the county is located, for the

appointment of three commissioners of appraisal to determine and assess

the damages to which he is entitled to be paid by the county. Notice of

application must be served upon the chairman of the board of supervisors

at least ten days before the hearing thereof.

If, within said period of ninety days such owner does not so apply to

the supreme court for the appointment of commissioners of appraisal to

assess said damages, then the board of supervisors may so apply to the

supreme court at a special term thereof, to be held in the judicial

district in which the county is located, for the appointment of three

commissioners of appraisal to determine and assess the damages to which

said owner or owners are entitled to be paid by the county. Notice of

such appointment must be served upon said owner or owners at least ten

days before the hearing thereof.

The commissioners of appraisal shall be taxpayers of such county, but

shall not reside in the town in which such abandoned bridge is or was

situated. All proceedings subsequent to the appointment of commissioners

of appraisal shall be taken in accordance with the provisions of the

condemnation law, so far as applicable. The commissioners of appraisal,

appointed as herein provided, for each day necessarily employed as such,

shall be entitled to fifteen dollars and his necessary expenses, which

shall be a county charge, to be audited by the board of supervisors and

paid by the county treasurer after audit thereof.

13. Notwithstanding the provisions in this section or elsewhere in

this chapter, the board of supervisors of Genesee county, Wyoming county

and/or Sullivan county, at any time, upon recommendation of the county

superintendent, may take over any bridge having a span of five feet or

over which is on a town highway or any town bridge over five feet long

located within a village, although such bridge may not have been

condemned, for the purpose of maintaining and preserving the same under

the supervision of the county superintendent. Upon the adoption of such

resolution, the procedure thereafter shall conform to the provisions of

this section relating to bridges on town highways and town bridges in

villages having a span of twenty-five feet or over and the bridges taken

over as herein provided thereafter shall be under the direct supervision

of the county superintendent of highways and the cost of maintenance

thereof shall be paid from county funds appropriated for the maintenance

of bridges.

14. Notwithstanding any other provision of law, a county may

contribute funds to a city, town or village towards its fifteen per

centum share of the cost of reconstructing a railroad bridge as required

by subdivision three of section ninety-four of the railroad law whether

or not the road, of which the bridge is a part, is under the

jurisdiction of a city, village, town or county and regardless of who

performs the work.

15. In the county of Washington, the provisions of this section

otherwise applicable to bridges having a span of twenty-five feet or

more shall apply to bridges having a span of twenty feet or more.

16. In the county of Delaware, the provisions of this section

otherwise applicable to bridges having a span of twenty-five feet or

more shall apply to bridges having a span of twenty feet or more and the

deck or wearing surface of such bridges shall be the responsibility of

such county.

17. Notwithstanding any other provision of law, the board of

supervisors of Saratoga county, upon the recommendation of the county

superintendent, may, at any time, by resolution, take over any bridge

having a span of twenty-five feet or over which is on a village highway

or any village bridge, over twenty-five feet long located within an

incorporated village, although such bridge may not have been condemned,

for the purpose of maintaining and preserving the same under the

supervision of the county superintendent. Upon the adoption of such a

resolution the clerk of the board of supervisors shall mail a certified

copy of the resolution to the county superintendent, the county

treasurer and the mayor of the village within which such bridge is

located, which copy shall be filed by each of said officers in his

office.

Such resolution shall also appropriate and make immediately available

to the order of the county superintendent from county funds, such sum as

may be deemed necessary for the preservation or maintenance of such

bridges, and it shall be the duty of the board of supervisors to

appropriate and make available to the order of the county superintendent

from time to time from county funds such sums as may become necessary

for the preservation and maintenance of such bridges. Any bridge taken

over by the county pursuant to this section shall be under the direct

supervision of the county superintendent of highways and if a bridge is

a draw-bridge or of a nature that requires the services of an operator

or attendant, such operator or attendant shall be employed by the county

superintendent of highways and paid out of county funds appropriated for

the maintenance of bridges.