§ 117-A — Highways in villages in Niagara county

New York § 117-A

• Jurisdiction: New York
• Law HAY: Highway
• Art. 6: County Roads

Text

§ 117-a. Highways in villages in Niagara county. The board of\nsupervisors of Niagara county may place upon the map of the county road\nsystem and may provide for the construction, reconstruction, improvement\nor maintenance of a county highway through a village so as to form a\ncontinuous highway on the county road system. Such highway within a\nvillage shall be of such width and type of construction as the county\nsuperintendent deems to be adequate.\n Notwithstanding any inconsistent provision of this chapter, the board\nof supervisors of Niagara county is also authorized to place upon the\nmap of the county road system and to provide for the construction,\nreconstruction, improvement or maintenance of any street or road within\nthe boundaries of any village, which street or road may be a direct\ncontinuation of a county highway.\n Notwithstanding the provisions of any general, special or local law or\nany inconsistent provision of this chapter, the plans, specifications\nand estimate of cost of such construction, reconstruction or improvement\nprovided in this section, may, in the discretion of the county\nsuperintendent, include the installation, construction, reconstruction,\nimprovement of curbs, drainage facilities and retaining walls to protect\npavements; the removing, relocating, constructing, reconstructing and\nimproving any existing structures, facilities and appurtenances owned by\nany municipality and removing, relocating, constructing, reconstructing\nand improving sidewalks, and intersecting highways, roads or streets to\naccommodate adjusted or changed grades of highways, roads or streets in\nthe interest of public safety; all in addition to the relevant\nprovisions of this chapter that relate to the preparation of plans,\nspecifications and estimates for the construction, reconstruction and\nimprovement of county highways.\n The county superintendent shall have jurisdiction over the entire\nproperty affected by the provisions hereof to the same extent as may now\nor hereafter be provided by law. Any sidewalks, sewers, water mains,\nconduits, facilities and appurtenances that are provided pursuant to\nthis section, shall be maintained or shall continue to be maintained, as\nthe case may be, by the village in which they are located, or by the\nagency or other unit owning or having control thereof.\n Notwithstanding the provisions of any general, special or local law,\nand in the interest of public safety and to promote public convenience\nin the use of highways, roads or streets hereby affected, any local\nrule, regulation, ordinance, law or statute hereafter enacted, which\nrelates to or affects parking, traffic operation of vehicles, pedestrian\ntraffic or any other traffic conditions on such highways, roads or\nstreets in villages, shall be ineffective until the governing body of\nany such village shall first submit such rule, regulation, ordinance,\nlaw or statute to and it be approved by the county superintendent.\n If greater width or different type of construction is desired by the\nmunicipality, the board of trustees of such village shall by resolution\npetition the county superintendent to provide the width and type of\nconstruction desired. The additional expense caused by the increased\nwidth or different type of construction or both shall be borne wholly by\nthe village. The county superintendent may provide for the width and\ntype of construction described in such petition, if the superintendent\ndeems the filing of such petition to be timely and the construction\ndescribed therein to be practicable. Whenever the county superintendent\nshall have approved such a village petition, the plans, specifications\nand estimates of cost, together with an estimate showing the additional\ncost to be borne by the village, to provide for the greater width or\ndifferent type of construction or both, shall be submitted to the board\nof trustees which, if it approve such plans, specifications and estimate\nof cost, shall by resolution appropriate the funds necessary to provide\nfor the portion of the cost of construction to be borne by the village.\nSuch fund shall, prior to the award of the contract, be deposited by the\nvillage with the county treasurer subject to the draft or requisition of\nthe county superintendent, and a certified copy of the resolution shall\nbe filed with the county superintendent and with the county treasurer.\nThe moneys so required shall be raised by tax or pursuant to the local\nfinance law. Upon the completion of a highway, road or street within a\nvillage where a portion of the cost is borne by the village, the county\nsuperintendent shall transmit to the board of trustees a statement\nshowing the actual costs of the additional width or changed construction\nincluding a proportionate charge for engineering, and shall notify the\nvillage clerk that he will accept the work within twenty days from the\ndate of such notice, unless protest in writing against the acceptance\nshall be filed by such clerk with the county superintendent. In case a\nprotest is filed, the county superintendent shall hear the same and if\nit is sustained the county superintendent shall delay the acceptance of\nthe highway, road or street until the same be properly completed. If no\nprotest is filed, the highway, road or street shall at the expiration of\nthe said twenty days be deemed finally completed and accepted on behalf\nof the village and the county, and shall thereafter be maintained in the\nmanner provided in this section.\n The provisions of this section shall not be deemed to affect the\nlawful authority or power of the state commissioner of transportation to\nregulate or limit the construction, reconstruction, improvement or\nmaintenance of county highways.\n The provisions of this section shall apply only to the construction,\nreconstruction, improvement or maintenance of county roads or direct\ncontinuations of county roads lying within the boundaries of\nincorporated villages in the county of Niagara and money from the county\nroad fund may be used for the purposes of this section.\n