§ 233 — State bridges and culverts

§ 233. State bridges and culverts. 1. The commissioner shall cause an\ninspection to be made of any state bridge or culvert which is reported\nto be unsafe for its posted loading by the regional director or the\ncounty superintendent or the town superintendent. If such bridge or\nculvert is found to be unsafe for such posted loading, the commissioner\nmay cause the signs relating to the loading permitted on such bridge or\nculvert to be modified and it shall be the duty of the regional director\nin whose region such bridge or culvert is located to immediately make\nsuch changes in the signs posted on the bridge or culvert as the\ncommissioner may order, and at the same time the regional director shall\nnotify those responsible for the maintenance of the bridge or culvert of\nsuch action. After such inspection, the bridge or culvert shall have the\nsame status with respect to maintenance and liability as it had prior to\nthe inspection. Any inspection of a bridge performed pursuant to this\nsection shall be performed in accordance with the provisions of sections\ntwo hundred thirty-one and two hundred thirty-two of this article.\n 2. The commissioner may, by an official order, close any state bridge\nor culvert and notify the regional director, the county superintendent,\nthe town superintendent and the supervisor of the town of that fact, and\nif such bridge or culvert is located in more than one town or county,\nthe county superintendent, town superintendent and supervisor of each\ntown, respectively, shall have like notice. After the closing of any\nsuch bridge or culvert, the commissioner shall cause to be erected\nconspicuous signs to the effect that the bridge or culvert is closed to\nall traffic, and shall cause to be erected barricades of a type approved\nby the commissioner. Neither the state nor any other public entity\nshall be responsible for any damages which may result to any vehicle or\nto any person entering on or traveling over such bridge or culvert after\nthe erection of such barricades and signs.\n The commissioner may take over, by official order, any bridge or\nculvert located on the state highway system, for the purpose of\nrepairing, altering or reconstructing the structure as provided in this\nsection, and shall thereupon notify the regional director, the county\nsuperintendent of each county or counties and the town superintendent\nand supervisor of each town or towns in which such bridge or culvert is\nlocated by mailing to each of them a copy of said official order. Any\nbridge or culvert, except as hereinafter provided, either closed or\ntaken over by official order as above authorized shall be maintained,\nrepaired, reconstructed, or a bridge or culvert constructed on new\nlocation at the sole expense of the state from the time of such\ncondemnation or taking over, and the commissioner of transportation\nshall supervise such maintenance, repair, reconstruction, or\nconstruction of a new bridge or culvert on a new location, and may pay\nthe cost of same from any funds available for the maintenance, repair,\nreconstruction and construction of state highways and bridges. The\ncommissioner is hereby authorized to make surveys and designs for any\nbridge or culvert located on the state system of highways prior to its\nbeing taken over by official order as authorized in this section, and\nmay pay the cost of same from any funds available for the maintenance,\nrepair, reconstruction and construction of state highways and bridges.\n After the closing or taking over by official order of any bridge or\nculvert located on the state system of highways, such bridge or culvert\nshall be deemed to be a part of the highway on which such bridge or\nculvert is located.\n 3. The commissioner may let contracts for the repairing, altering,\nreconstruction, or constructing on new location, of any bridge or\nculvert provided for by this section in accordance with the general\nprovisions of section thirty-eight of this chapter, except as\nhereinafter provided. In the performance of work provided by this\nsection, the commissioner may perform the work by the use of\ndepartmental forces and equipment, and purchase materials therefor.\n 4. Whenever a portion of a state bridge or culvert is located within\nthe bounds of a city and the commissioner determines that such bridge or\nculvert should be repaired, altered or reconstructed for public use and\ntravel, he shall prepare plans and specifications therefor which shall\nshow subdivided estimate covering that portion of the bridge or culvert\nlocated within such city boundaries and he shall submit such plans and\nestimate to the city for its examination and the city shall report,\nwithin fifteen days, to the commissioner with such recommendations or\nmodifications the city may desire. That portion of the bridge or culvert\nlying without the city boundaries shall be built and paid for in\naccordance with this section and that portion of the bridge or culvert\nlying within the city boundaries shall be paid for wholly by the city.\nBefore advertising a contract for the construction of such a bridge or\nculvert the commissioner shall submit to the city the amount of the\nestimated cost of that portion of such bridge or culvert which is to be\npaid for by the city and the city shall thereupon provide the money\ntherefor and shall deposit such amount with the state department of\naudit and control to be paid out by it on the audit and warrant of the\ncomptroller on vouchers therefor approved by the commissioner. Any such\ncity is hereby authorized to provide the means for obtaining such money\nincluding the raising of all or part of such sums pursuant to the local\nfinance law. The commissioner shall authorize and supervise the\nmaintenance of that portion of a bridge or culvert located within the\nbounds of a city and shall pay for the cost of such maintenance in the\nfirst instance from the funds available for the maintenance, repair,\nreconstruction and construction of state highways and bridges, but the\ncity shall, within three months after the receipt of a detailed\nstatement from the commissioner showing the city's share of the cost of\nsuch maintenance work, deposit money equal to the cost of such work with\nthe state. This subdivision shall not apply to bridges heretofore\nacquired or constructed which have previously been maintained by the\nstate, nor to bridges built pursuant to special acts of the legislature.\nAny bridge located partly within a city constructed and paid for solely\nthrough the use of federal funds shall have the same status with respect\nto maintenance and reconstruction as if such bridge had been constructed\nunder the provisions of this section without the use of such federal\nfunds, and any bridge located wholly within a city so constructed\nthrough the use of such federal funds shall be maintained and\nreconstructed at the sole expense of the city.\n 5. The commissioner of transportation may provide, in carrying out the\nprovisions of this section, for additional width of a bridge or culvert,\nextra sidewalk facilities or approaches, more expensive design, or other\nfeatures not essential for highway traffic when so requested by the\nlocal municipality or municipalities provided such local municipality or\nmunicipalities defray the additional cost thereof in the same manner and\nunder the same provisions of the highway law that they defray additional\ncost of widening or building more expensive types of pavements on\nhighways. In such cases, the local municipality or municipalities shall\npetition by resolution for such betterment, and shall deposit the\nnecessary additional funds with the state comptroller in a manner\nsimilar to that provided in section forty-six of this chapter.\n 6. The commissioner of transportation, when requested by a\nmunicipality, public utility company, private corporation, or\nindividual, may provide facilities in bridge or culvert construction for\ncarrying conduits, cables, water pipes and the like. The expense of\ninstalling such facilities shall be borne by the municipality, company,\ncorporation or person desiring the same, and the total estimated cost\nthereof shall be as estimated or determined by the commissioner of\ntransportation prior to the award of a contract including the\nconstruction of such facilities in the same manner as provided in\nsection forty-six of the highway law. The commissioner of transportation\nmay, except as to a public utility company having a franchise for the\nuse of such a public road or highway, require and is hereby authorized\nto fix an annual rental price to be paid to the state by such\nmunicipality, corporation, company or individual as compensation for the\nuse of said facilities, provided, and according to terms and conditions\nas prescribed by him.\n 7. In reconstructing a bridge or culvert under this section, the\ncommissioner of transportation shall remove and dispose of all old\nsteel, masonry and lumber through his agent, employees, contractors, or\notherwise, unless the municipality or municipalities owning the bridge\nor culvert notifies the commissioner of transportation in writing that\nit desires to salvage such structure and will remove and dispose of the\nsame at a time and in a manner satisfactory to and as directed by the\ncommissioner of transportation.\n 8. In the construction of bridges or culverts, within the meaning of\nthis section, the right of way necessary for the construction of a\ntemporary road and a temporary bridge or culvert, if necessary, during\nthe construction of the new structure, shall be acquired in accordance\nwith the provisions of section thirty of the highway law, as hereinafter\nprovided.\n 9. In the construction of bridges or culverts within the meaning of\nthis section, the commissioner of transportation may provide one or more\nsidewalks upon the same and upon the approaches thereto, when in his\njudgment the pedestrian traffic is sufficient to warrant such provision.\n 10. The provisions of this section shall be deemed to include all work\nupon the bridge, culvert, temporary bridge or temporary culvert,\nabutments, piers and guard rails as well as approaches thereto as\ndefined and limited by the commissioner of transportation in each\nspecific case. It shall also be deemed to include all excavation work in\nthe stream channel, protection to the stream banks and other work\nnecessitated by the new bridge or culvert construction, all as the\ncommissioner of transportation shall determine.\n 11. The commissioner of transportation may provide in the construction\nor reconstruction of state highways for the separation of highway grade\ncrossings thereon when in his judgment such separations are necessary\nfor the safety and public welfare of the users thereof. He may also\nprovide for the separation of highway grade crossings involving any\nstate highway with any state or county parkway or drive or with any\nother public street, avenue or road in conjunction with such other\nstate, county or municipal authority having jurisdiction thereof under\nsuch terms and conditions as the commissioner of transportation may\nimpose. Prior to the performance of any work involving an agency other\nthan those under his jurisdiction, the commissioner of transportation\nshall enter into an agreement with the authority having jurisdiction\nthereof and such agreement shall indicate the division of costs for the\nconstruction and maintenance of the structure and appurtenances. In\nproviding for such separation of grades, the commissioner of\ntransportation may provide for the construction of bridges and lateral\ndrives deemed necessary and may combine such work with additional work\nto be paid in whole or in part by other state departments, counties or\nmunicipalities. The commissioner of transportation is hereby authorized\nto defray the state's share of the cost of such grade separations from\nany funds available for the maintenance, repair, reconstruction or\nconstruction of state highways and for the construction of state\nparkways. If such construction requires payment of state funds under\nthe jurisdiction of another state department, such department shall,\nprior to the award of a contract providing for such construction,\ncertify to the state department of audit and control that it has\nobligated an amount estimated as necessary therefor by the commissioner\nof transportation. If such construction requires payment of funds from\nany county treasury, the board of supervisors of such county shall, by\nresolution, make available to the requisition of the commissioner of\ntransportation an amount estimated as necessary therefor by the\ncommissioner of transportation prior to the award of a contract\nproviding for such construction. If such construction requires payment\nof funds from any other agency for any purpose connected with such\nconstruction, such funds, based upon estimates prepared by the\ncommissioner of transportation shall be deposited prior to the award of\na contract providing for such construction with the state department of\naudit and control to be paid out by the comptroller on vouchers therefor\napproved by the commissioner of transportation. If upon the completion\nof the work, a balance of funds so deposited with the department of\naudit and control shall remain unexpended such balance shall be returned\nto the agency making such deposit. In contract work, monthly estimates\nshall be made as the work progresses which shall show the subdivision of\ncosts to the participating agencies on such form as the state\ncomptroller may determine, copies of which may be furnished such\nagencies participating in the cost of the work. Cost of engineering\nshall be deemed a participating part of the expense in the proportions\nfixed by the commissioner of transportation .\n 12. Whenever in the construction, reconstruction or improvement of a\nstate highway it is found advisable to change the course of a stream\nchannel so that it will not cross and recross the highway but will cross\nany public road, highway or street, the commissioner of transportation\nmay include in the highway construction or reconstruction or improvement\ncontract plans for the construction of a bridge or culvert and necessary\napproaches thereto over said changed course of the stream channel to\ncarry any such public road, highway or street over such changed course\nof the stream channel. The cost of the construction of such bridge or\nculvert and the approaches thereto shall be paid by the state out of any\nfunds available for the maintenance, repair, reconstruction or\nconstruction of state highways and bridges. After the completion and\nacceptance of such bridge or culvert, the cost of the maintenance\nthereof shall be under the authority of the agency having jurisdiction\nover the public road, highway or street upon which such bridge or\nculvert is located.\n 13. Any person or persons driving on a bridge or culvert located on\nthe state system of highways with loads in excess of the maximum loading\npermitted on such bridge or culvert as shown by the signs posted\nthereon, or who in any way causes damage to a bridge or culvert in\nviolation of the provisions of the highway law or the vehicle and\ntraffic law shall be liable for any damage resulting to the bridge or\nculvert. The superintendent of public works may take over, by official\norder, any bridge or culvert so damaged and it shall be his duty to make\nthe necessary repairs or reconstruct such bridge or culvert and he may\npay for the cost of same out of funds available for the maintenance,\nrepair, reconstruction and construction of state highways and bridges.\nThe superintendent of public works is hereby authorized to bring an\naction in the name of the state against any person or corporation to\nrecover damages sustained or suffered or expenses incurred by the state\nin consequence of any act or omission of any such person or corporation\nin violation of any of the provisions of the highway law or the vehicle\nand traffic law.\n