§ 220 — Improvement of town highways; submission of plan

§ 220. Improvement of town highways; submission of plan. 1. The town\nboard of any town may, upon its own determination, or upon\nrecommendation of the town superintendent, elect to improve, repair or\nreconstruct any portion or portions of its town highways which are part\nof the town highway system during the first five years of the period\nafter the effective date of this article in accordance with the\nprovisions hereof. However, no highway or bridge turned back to a town\non and after January first, nineteen hundred seventy, shall qualify for\naid pursuant to this article. In that event, the town board may cause a\nplan covering all projects contemplated by it during said five year\nperiod to be prepared and may, by resolution, adopt such plan. Such\noriginal plan shall be filed on or before June first, nineteen hundred\nseventy-two, as follows:\n (a) With the board of supervisors, or other legislative body, of the\ncounty in which such town is located, together with the written\nrecommendations of the county superintendent.\n (b) With the commissioner, together with a copy of the resolution of\napproval of such county board of supervisors or legislative body.\n 2. The commissioner, after investigation, may approve such plan or the\nplan of any separate project thereof for execution as appropriations\ntherefor may be available or may disapprove any such plan and shall\nimmediately notify the town board of such approval or disapproval. If\nany such plan be disapproved, the commissioner shall immediately return\nsuch plan to the town board with his reasons for disapproval and\nsuggestion for modification of the plan and shall notify the board of\nsupervisors and county superintendent of such action. Modification of a\ndisapproved plan shall be made and filed in like manner.\n 3. A copy of such plan, when prepared and approved as herein provided,\ntogether with copies of the approval of the commissioner and the board\nof supervisors, shall be filed in the office of the clerk of the town in\nwhich such highway is located, in the office of the county clerk and\ncounty superintendent of the county in which such town is located. The\ncopy transmitted to the commissioner shall be retained by him.\n 4. The statement of necessity required as a part of the plan for a\nproject shall set forth the reasons why such improvement, repair or\nreconstruction is necessary adequately to serve permanent agricultural,\nresidential, commercial or industrial development and to sustain the\nvehicular load imposed or likely to be imposed on such town highway.\n 5. Modification of any plan approved as herein provided may be made by\nthe town board of the town affected thereby and must be filed and\napproved in the manner hereinbefore provided for the filing and approval\nof an original plan, except that the approval of the county board of\nsupervisors, or other legislative body, of the county in which such town\nis located shall not be required. The commissioner may refuse to approve\nthe modification of the plan of any project unless the modification is\nfiled in his office prior to September first of the calendar year\npreceding that for which the project has been approved. Any modification\nmust be recommended on or before April first, nineteen hundred eighty.\n 6. No meeting of the town board shall be held for the purpose of\nadopting or modifying a plan, unless the town and county superintendent\nof highways shall be notified thereof.\n 7. If a town has not adopted and filed a plan as above provided in the\nsection, it may adopt and file a plan in the manner set forth in this\nsection on or before July first in any year covering all projects\ncontemplated during the remaining years of the period of the duration of\nthis article. In such event the provisions of this article shall apply\nas if the plan originally had been filed in the manner provided in this\nsection.\n