§ 187 — Laying out, dividing and maintaining highway upon town line, or wholly in one town but adjacent to another town

New York § 187

• Jurisdiction: New York
• Law HAY: Highway
• Art. 8: Town Highways

Text

§ 187. Laying out, dividing and maintaining highway upon town line, or\nwholly in one town but adjacent to another town. An application to lay\nout a highway upon the line between two or more towns, or wholly in one\ntown but adjacent to another town, shall be made to the town\nsuperintendents of each town, who shall act together in the matter; and,\nupon laying out any such highway, the expense of opening, working and\nkeeping the same in repair shall be borne equally by such towns. The\ntown superintendents shall cause a map and survey of the highway to be\nrecorded in the office of the town clerk in each of the respective\ntowns. If such highway be upon a line between one or more towns and a\ncity or incorporated village, or wholly in one town, village or city but\nadjacent to another town, village or city, such application shall also\nbe made to the officers of such city or village having the powers of the\ntown superintendents and such officers may agree with the town\nsuperintendents of such towns as to division of such expense. Whenever\nsuch officers shall disagree, the question shall be submitted to the\ncounty superintendent or superintendents representing the county or\ncounties in which such highway is located and their decision shall be\nfinal when approved by the department of transportation. All highways\nheretofore laid out upon the line between any two towns or between a\ntown and a city or an incorporated village, or wholly in one town,\nvillage or city but adjacent to another town, village or city, shall be\ndivided and allotted or redivided and reallotted, recorded and kept in\nrepair in the manner above directed; and all bridges upon such highways\nshall be built and maintained jointly by the towns whether wholly\nlocated within one of them or otherwise. Such highway or part of such\nhighway may be improved by paving, repaving, macadamizing or\nremacadamizing upon agreement between the town board of such towns, the\nvillage trustees of such village, or the common council, council or\nother governing body of such city, and the cost of such improvement be\npaid by each city, town or village involved, in the proportion recited\nin such agreement. The officers of such city, town or village may\nproceed with the ordering, construction and pavement of such improvement\nin the manner prescribed by law where a highway is situated wholly\nwithin such city, town or village except as is otherwise provided in\nthis section. Where action by the officers of such city, town or village\nis required by law to be upon a petition of the owners of lands lying in\nand along the highway to be so improved, such petition will be\nsufficient if made only by the specified number of such land owners in\nand along the side of the highway within such city, town or village,\nwithout requiring the signatures of the owners of the land in and along\nthe side of such highway not within such city, town or village. Plans\nand specifications for such improvement shall be approved by the\nofficers of each such city, town or village involved and may provide for\nthe maintenance of such improvement for a period not exceeding ten years\nafter its completion. The contract for the construction of such\nimprovement will be let subject to the approval of the officers of each\nsuch city, town or village to the lowest responsible bidder upon bids\nreceived after notice of advertisement as may be required by law in one\nor the other of such city, town or village, and bids may be received by\nthe officer and at the place in one of such cities, towns or villages\nagreed upon by the officers of each such city, town or village involved.\nThe construction of such improvement may be under the supervision of the\nofficers of each of such cities, towns or villages, or under the\nsupervision of such person or officer as may be agreed upon by the\nofficers of such city, town or village. Where the cost of such\nimprovement is required to be met by local assessment upon the lands\nbenefited, each such city, town or village shall cause the portion of\nthe cost of such improvement to be borne by each such city, town or\nvillage, to be levied and assessed upon the lands within such city, town\nor village along the highway or part of the highway so improved in the\nsame manner and with the like effect as is required by law for the\nassessment of the cost in part or whole of similar improvements upon a\nhighway wholly within such city, town or village. After the completion\nof any such improvement such improvement shall be maintained equally by\nthe city, town or village in which or along which such highway is laid\nout in the manner provided by the agreement referred to in this section\nto be entered into between the officers of such city, town or village.\nEach such city, town or village may construct and maintain, or provide\nfor the construction and maintenance, in such highway of sidewalks,\nsewers, water lines, gas lines and other public service facilities to\naccommodate the lands adjacent to such highway and situated within such\ncity, town or village in the manner provided for the construction and\nmaintenance of sidewalks, sewers, water lines, gas lines and other\npublic service facilities within a highway wholly within such city, town\nor village.\n Where such highway is partly within a city, and where it has been\ndesignated by law as a state highway, the state, through the department\nhaving supervision over state highways, may enter into an agreement with\nsuch city allotting to the city the part of such highway to be paved,\nmacadamized, or otherwise improved by the city, and the part of such\nhighway to be paved, macadamized or otherwise improved by the state, in\nwhich case the city will improve the part of the highway so allotted to\nit in the manner in which it improves a highway situate wholly within\nthe city, and the state will improve the portion of such highway\nallotted to it as a part of the state highway. Where the cost of such\nimprovement is required by law within said city to be defrayed in part\nor in whole by local assessment, all of the lands within said city along\nthe lines of the highway so divided, and extending one hundred feet at\nright angles therefrom, will be deemed to be benefited by the\nconstruction of such improvement by such city and will be subject to be\nassessed to defray the expense thereof the same as if such lands abutted\nupon the part of the highway so improved by such city. Where any such\nhighway is partly within a city, and is on the county road system of\ntown highways proposed to be constructed pursuant to the provisions of\narticle six of this chapter, the board of supervisors of the county,\nwith the approval of the commissioner of transportation, may enter into\nan agreement with such city allotting to the city the part of such\nhighway to be paved, macadamized, or otherwise improved by the city, and\nallotting to the county the part of such highway to be constructed,\npaved, macadamized, or otherwise improved by the county pursuant to such\narticle, in which case the part allotted to the city shall be improved\nand maintained by the city in the same manner in which it improves and\nmaintains a street situate wholly within the city, and the county shall\nimprove and maintain the portion of such highway allotted to it as a\npart of the county road system of the county. The county superintendent\nof highways of the county, upon the execution of such agreement, shall\nprepare a map showing the part of such highway within the city and town\nallotted to the county as a part of the county road system. This map\nmust be approved by the board of supervisors of the county and by the\ncommissioner of transportation before it becomes effective, and when so\napproved shall be filed in the office of the department of\ntransportation, county clerk and county superintendent. When the cost\nof such improvement within the city is required by law to be defrayed in\npart or in whole by local assessment, all of the lands within such city\nalong the line of the highway so divided, and extending one hundred feet\nat right angles therefrom, will be deemed to be benefited by the\nconstruction of such improvement by the city and will be subject to be\nassessed to defray the expense thereof within the city the same as if\nsuch lands abutted upon the part of the highway so improved by the city.\n