N.Y. Railroad Law § 89: New railroads across streets

§ 89. New railroads across streets. All steam surface railroads built

after the first day of July, eighteen hundred and ninety-seven, except

additional switches and sidings, must be so constructed as to avoid all

public crossings at grade, whenever practicable so to do. Whenever

application is made to the commissioner of transportation under section

nine of this chapter there shall be filed with the commissioner of

transportation a map showing the streets, avenues, highways and roads

proposed to be crossed by the new construction, and the commissioner of

transportation shall determine whether such crossings shall be under or

over the proposed railroad, except where the commissioner of

transportation shall determine such method of crossing to be

impracticable. Whenever an application is made under this section to

determine the manner of crossing, the commissioner of transportation

shall designate a time and place when and where a hearing will be given

to such railroad company, and shall notify the municipal corporation

having jurisdiction over the streets, avenues, highways or roads

proposed to be crossed by the new railroad, persons owning land in the

vicinity of the proposed crossing and such other parties deemed by the

commissioner of transportation to be interested in the proceeding. The

commissioner of transportation shall give public notice of such hearing.

Upon such notice and after a hearing, the commissioner of transportation

may determine that alterations or changes may be made in any existing

highway at or in the vicinity of a proposed crossing for the purpose of

avoiding a crossing at grade.

If the commissioner of transportation shall determine that any such

railroad shall be carried across a street, avenue, highway or road below

the grade thereof, said commissioner of transportation shall determine

the height, the length, and the material of the bridge or structure by

means of which such street, avenue, highway or road shall be carried

over such railroad, and the length, character, and grades of the

approaches thereto. If the commissioner of transportation shall

determine that such railroad shall be constructed above the grade of

such street, avenue, highway or road, said commissioner of

transportation shall determine the manner and method in which such

railroad shall be constructed over such street, avenue, highway or road,

and the length, character and grades of the undercrossing approaches. If

the commissioner of transportation shall determine that it is

impracticable to construct such railroad below or above the grade of

such street, avenue, highway or road, said commissioner shall determine

the manner and method in which the same shall be constructed across such

street, avenue, highway or road at grade, and what safeguards shall be

maintained.

The decision of the commissioner of transportation rendered in any

proceedings under this section shall be communicated, after final

hearing, to the railroad company, the municipal corporation and all

other parties who appeared at said hearing by counsel or in person.