N.Y. Town Law § 202-f: Construction or installation of certain improvements in state highways and county roads

§ 202-f. Construction or installation of certain improvements in state

highways and county roads. 1. In the event of the construction,

reconstruction or relocation of a state highway or county road in any

town outside of an existing water, water storage and distribution,

sewer, sewage disposal or drainage district, the town board of such

town, after a public hearing as hereinafter provided, may, at the time

of such construction, reconstruction or relocation, install or construct

such improvements in the right-of-way in such state highway or county

road as it may determine to be in the public interest for future use by

any such district or extension thereof in such town. The town board

shall cause a plan of the proposed improvement and an estimate of the

cost thereof to be prepared by the town engineer or, if there be no town

engineer, an engineer duly licensed by the state of New York. When the

plan and estimate of the cost have been completed, the town board shall

call a public hearing thereon and cause a notice thereof to be published

in the official newspaper of said town, if any, or if none, in any

newspaper which could be designated as the official newspaper of the

town, the first publication thereof to be not less than ten nor more

than twenty days before the day set therein for said public hearing, and

shall also cause a copy of such notice to be posted on the sign-board of

the town maintained pursuant to subdivision six of section thirty of

this chapter not less than ten nor more than twenty days before the date

designated for such public hearing as aforesaid. In the event that the

town maintains a website, such information may also be provided on the

website. Such notice shall describe in general terms the proposed

improvement, shall specify the estimated cost thereof and state the time

when and the place where such town board will meet to hear all persons

interested in the subject matter thereof. If the town board shall decide

after such public hearing and upon the evidence given thereat that it is

in the public interest to install or construct the proposed improvement,

such town board shall direct the engineer to prepare definite plans and

specifications and make a careful estimate of the expense, and, with the

assistance of the town attorney or an attorney employed for that

purpose, to prepare a proposed contract for the execution of the work.

Thereupon, such town board shall examine such definite plans,

specifications, estimate and the proposed contract, and may reject the

same or make such modifications or changes therein as shall seem

necessary and desirable, and adopt the same and cause the improvement to

be installed or constructed in accordance therewith.

2. The expense of any improvement authorized pursuant to this section

shall be a town charge and shall be assessed, levied and collected in

the same manner and at the same time as other town charges; provided,

however, that nothing herein contained shall be construed to prevent the

financing in whole or in part, pursuant to the local finance law, of any

improvement authorized pursuant to this section. Any such improvement

shall be deemed to be a district or special improvement authorized by

article twelve of this chapter within the meaning of subdivision two of

paragraph b of section 35.00 of the local finance law. The expense of

any such improvement shall not exceed the amount stated as the estimated

cost thereof in the notice of the public hearing thereon.

3. The town board may authorize the use of any improvement installed

or constructed pursuant to this section by any water, water storage and

distribution, sewer, sewage disposal or drainage district, or extension

thereof, thereafter established in such town, provided the entire

expense of such improvement, together with the expense of the

construction of the original improvement for such district or extension,

shall not exceed the maximum amount proposed to be expended as stated in

the petition, or, in the case of a water storage and distribution

district or sewage disposal district, the notice of hearing, for the

establishment or extension of such district. Whenever the town board

shall authorize the use of any improvement installed or constructed

pursuant to this section by any district or extension thereof, the same

shall become a part of such district or extension thereof and the entire

cost of such improvement, including the expense of maintenance thereof,

shall be a charge against such district or extension and shall be

assessed, levied and collected in the same manner as other charges

against such district or extension.

4. No improvement shall be installed or constructed within any state

highway or county road pursuant to this section until the state

commissioner of transportation or the county superintendent of highways,

as the case may be, shall have granted his written consent thereto,

which consent may be made subject to such conditions as may be

determined necessary or desirable to prevent undue interference with the

work of constructing, reconstructing or relocating such highway or road.

5. In any town which is located wholly or partly within the Adirondack

park which contains state lands subject to taxation assessed at more

than thirty per centum of the total taxable assessed valuation of such

town as determined from the latest completed assessment roll of such

town, no expenditure shall be made or contract let for the purposes

authorized in this section, unless the state comptroller, on behalf of

the state, shall consent to such expenditure. In all other cases, the

consent of the state comptroller shall not be required for any

expenditure pursuant to this section.