N.Y. Highway Law § 54: Sidewalks along improved state highways

§ 54. Sidewalks along improved state highways. Walks or paths for

pedestrians may be constructed by a county along any improved state

highway or along a part thereof in any town of the county, pursuant to

the provisions of this section. The request for any such walk or path

shall be made by the town board, by resolution to that effect, a copy of

which shall be certified to the board of supervisors. Unless the board

of supervisors shall determine by resolution that such walk or path

shall not be constructed, it shall, by resolution, direct the county

superintendent of highways to prepare and submit to the board an

estimate of the probable cost of such work, together with a general

outline plan thereof setting forth the type, material and width of the

proposed walk or path, and also its location, specifying the highway,

the beginning and terminal points of the walk or path and its distance

laterally from the improved roadway. Upon receipt of such plan, the

board of supervisors, by resolution, may determine that such walk or

path shall be constructed, in accordance with such plan, subject to the

approval of the plan, and consent that the walk or path be constructed,

by the commissioner of transportation. The county superintendent of

highways shall submit such plan to the commissioner of transportation,

together with a copy of such resolution, to be furnished by the clerk of

the board. If the commissioner of transportation shall consent to the

construction of a walk or path along the course indicated and shall

approve such plan, he shall certify such action to the board of

supervisors, and the board of supervisors shall then appropriate and

make available for such work the necessary moneys therefor, from county

funds. The commissioner of transportation, however, may modify such plan

and certify in like manner the changes made by him therein. In that

case, the board of supervisors shall not be required to direct the

construction of such walk or path or provide moneys therefor until it

shall have approved of such changes. If the foregoing provisions of this

section shall have been complied with, the work of such construction

shall proceed under the direction of the county superintendent of

highways. He may perform such work by contract, or partly by contract

and partly by the employment of labor, purchase of material and the use

of any necessary machinery owned or rented by the county. Upon the

completion of such work, the total cost thereof shall be reported by the

superintendent of highways to the board of supervisors. Thirty-five per

centum of the cost of such work shall be reimbursed to the county by the

town requesting the improvement, and a tax therefor may be levied upon

the taxable property of the town, or the amount to be raised by either

the county or the town may be provided pursuant to the local finance

law. Any moneys so raised by the town shall be paid into the county

treasury.

No such walk or path shall be constructed within the right of way of a

state highway, unless with the approval of the commissioner of

transportation. Necessary rights of way for any such sidewalk or path

shall be acquired by the county in the same manner as the rights of way

are acquired for state highways as provided in this chapter. The cost of

any such right of way shall be paid in the first instance by the county

from any county moneys available and thirty-five per centum of the cost

shall be a charge upon the town to be raised by tax as a part of the

improvement. Sidewalks or paths for pedestrians may also be constructed

by a town along an improved state highway or part thereof in the manner

provided by section one hundred fifty-one of this chapter, but only with

the approval of the commissioner of transportation given in the manner

provided by this section, the provisions of which in respect thereto

shall be deemed to apply to such town sidewalks.