N.Y. Highway Law § 48: State highways of additional width and increased cost at expense of town

§ 48. State highways of additional width and increased cost at expense

of town. Whenever the department of transportation shall have determined

upon the construction or improvement of a state highway or section

thereof and it is desired by any town in which such proposed highway is

situated to construct or improve the same at a greater width or in a

manner involving greater cost, or both, than that provided in the plans

and specifications as prepared by the department of transportation, the

town board may petition the department of transportation for an estimate

of the additional cost of constructing or improving the same to a width

or in a manner, or both, as desired by such board. The department of

transportation shall as soon as practicable make an estimate of such

additional cost and transmit the same to the town board, and the town

board may thereupon by resolution petition the department 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 town. The

department of transportation shall, in its discretion, upon receipt of

such resolution, if filed prior to the advertisement for bids, or during

the course of construction, provide for the width and type of

construction described in such resolution. Whenever the department of

transportation shall have approved such a resolution the plans,

specifications and estimate of cost shall be submitted to the town

board, who, if it approve such plans, specifications and estimate of

cost shall, by resolution, duly adopted by a vote of a majority of all

the members of such board, appropriate the funds necessary to provide

for the portion of the cost of construction to be borne by the town.

Such funds shall, prior to the award of the contract, be deposited by

the town with the state comptroller, subject to the draft or requisition

of the department of transportation, and a certified copy of the

resolution shall be filed with the department of transportation. Upon

the completion of the highway within a town where a portion of the cost

is borne by the town the department of transportation shall transmit to

the town board a statement showing the actual cost of the additional

width or changed construction including a proportionate charge for

engineering and shall notify the town clerk that it 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

department of transportation. In case a protest is filed the department

of transportation shall hear the same and if it is sustained the

department 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 town and the state and shall thereafter be maintained in the manner

provided in this chapter for maintenance and repair of state highways.