§ 54 — Sidewalks along improved state highways

§ 54. Sidewalks along improved state highways. Walks or paths for\npedestrians may be constructed by a county along any improved state\nhighway or along a part thereof in any town of the county, pursuant to\nthe provisions of this section. The request for any such walk or path\nshall be made by the town board, by resolution to that effect, a copy of\nwhich shall be certified to the board of supervisors. Unless the board\nof supervisors shall determine by resolution that such walk or path\nshall not be constructed, it shall, by resolution, direct the county\nsuperintendent of highways to prepare and submit to the board an\nestimate of the probable cost of such work, together with a general\noutline plan thereof setting forth the type, material and width of the\nproposed walk or path, and also its location, specifying the highway,\nthe beginning and terminal points of the walk or path and its distance\nlaterally from the improved roadway. Upon receipt of such plan, the\nboard of supervisors, by resolution, may determine that such walk or\npath shall be constructed, in accordance with such plan, subject to the\napproval of the plan, and consent that the walk or path be constructed,\nby the commissioner of transportation. The county superintendent of\nhighways shall submit such plan to the commissioner of transportation,\ntogether with a copy of such resolution, to be furnished by the clerk of\nthe board. If the commissioner of transportation shall consent to the\nconstruction of a walk or path along the course indicated and shall\napprove such plan, he shall certify such action to the board of\nsupervisors, and the board of supervisors shall then appropriate and\nmake available for such work the necessary moneys therefor, from county\nfunds. The commissioner of transportation, however, may modify such plan\nand certify in like manner the changes made by him therein. In that\ncase, the board of supervisors shall not be required to direct the\nconstruction of such walk or path or provide moneys therefor until it\nshall have approved of such changes. If the foregoing provisions of this\nsection shall have been complied with, the work of such construction\nshall proceed under the direction of the county superintendent of\nhighways. He may perform such work by contract, or partly by contract\nand partly by the employment of labor, purchase of material and the use\nof any necessary machinery owned or rented by the county. Upon the\ncompletion of such work, the total cost thereof shall be reported by the\nsuperintendent of highways to the board of supervisors. Thirty-five per\ncentum of the cost of such work shall be reimbursed to the county by the\ntown requesting the improvement, and a tax therefor may be levied upon\nthe taxable property of the town, or the amount to be raised by either\nthe county or the town may be provided pursuant to the local finance\nlaw. Any moneys so raised by the town shall be paid into the county\ntreasury.\n No such walk or path shall be constructed within the right of way of a\nstate highway, unless with the approval of the commissioner of\ntransportation. Necessary rights of way for any such sidewalk or path\nshall be acquired by the county in the same manner as the rights of way\nare acquired for state highways as provided in this chapter. The cost of\nany such right of way shall be paid in the first instance by the county\nfrom any county moneys available and thirty-five per centum of the cost\nshall be a charge upon the town to be raised by tax as a part of the\nimprovement. Sidewalks or paths for pedestrians may also be constructed\nby a town along an improved state highway or part thereof in the manner\nprovided by section one hundred fifty-one of this chapter, but only with\nthe approval of the commissioner of transportation given in the manner\nprovided by this section, the provisions of which in respect thereto\nshall be deemed to apply to such town sidewalks.\n