N.Y. Highway Law § 46: State highways in villages

§ 46. State highways in villages. A state highway may be constructed,

reconstructed or improved through a village so as to form a continuous

highway on the state highway system. Such highway within a village shall

be of such width and type of construction as the commissioner of

transportation deems to be adequate.

Notwithstanding any inconsistent provision of this chapter, the

commissioner of transportation is also authorized to construct,

reconstruct or improve as a state highway any street within any village

which has been or which may hereafter be built by the state as part of

the state highway system.

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 commissioner of

transportation, include the installation, construction, reconstruction

and 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 state highways.

For all the purposes of this section, the jurisdiction of the

commissioner of transportation shall extend over the entire property

affected by the provisions hereof during the period of construction,

reconstruction or improvement, as such jurisdiction has been obtained or

may hereafter be obtained pursuant to the provisions of this chapter.

After the completion and acceptance of the work of constructing,

reconstructing or improving of a state highway passing through a

village, the state shall maintain and have jurisdiction over the

pavement area of such highway and may assume maintenance responsibility

and have jurisdiction over such other highway right of way areas as the

commissioner of transportation shall determine, by official order, are

necessary for the maintenance and protection of such highway facility.

No additional points of access to, or exit from, such highway facility

shall be made without prior written approval by the commissioner of

transportation. Any sidewalks, sewers,, water mains, curbs, paved

gutters, conduits, facilities and appurtenances that are provided

pursuant to this section, shall be maintained or shall be continued 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 and

jurisdiction thereof except the state shall maintain any drainage

ditches and storm sewer facilities which are constructed primarily to

service the state highway facility.

If a greater width or different type of construction is desired by the

municipality, the board of trustees of such village shall by resolution

petition the commissioner of transportation 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 commissioner of transportation may provide

for the width and type of construction described in such petition, if

the commissioner deems the filing of such petition to be timely and the

construction described therein to be practicable. Whenever the

commissioner of transportation 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 additional 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 funds shall,

prior to the award of the contract, be deposited by the village with the

state comptroller subject to the draft or requisition of the

commissioner of transportation, and a certified copy of the resolution

shall be filed with the commissioner of transportation and with the

state comptroller. The moneys so required shall be raised by tax or

pursuant to the local finance law. Upon the completion of a highway

within a village where a portion of the cost is borne by the village,

the commissioner of transportation 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

commissioner of transportation. In the event a protest is filed, the

commissioner of transportation shall hear the same and if it is

sustained the commissioner of transportation shall delay the acceptance

of the highway or section thereof until the same be properly completed.

If no protest is filed, the highway or section thereof shall at the

expiration of the said twenty days be deemed finally completed and

accepted on behalf of the village and the state, and shall thereafter be

maintained in the manner provided in this chapter for the maintenance

and repair of state highways.

The provisions of the village law, special village charters and other

general or special laws relative to the pavement or improvement of

streets and the assessment and payment of the cost thereof shall apply,

as far as may be, to such additional construction and the assessment and

payment of the cost thereof, except that the provisions of any general

or local act affecting the pavement or improvement of streets or avenues

in any village and requiring the owners, or any of the owners, of the

frontage on a street to consent to the improvement or pavement thereof,

or requiring a hearing to be given to the persons who, or whose

premises, are subject to assessment, upon the question of doing such

paving or making such improvement shall not apply to the portion of the

improvement or pavement of a state highway the expense for which is

required to be paid by the village to the state.