1. The Laws of New York
  2. Consolidated Laws
  3. Highway
  4. Article 6: County Roads


Section 117-A Highways in villages in Niagara county

Highway (HAY)

The board of supervisors of Niagara county may place upon the map of the county road system and may provide for the construction, reconstruction, improvement or maintenance of a county highway through a village so as to form a continuous highway on the county road system. Such highway within a village shall be of such width and type of construction as the county superintendent deems to be adequate.

  Notwithstanding any inconsistent provision of this chapter, the board of supervisors of Niagara county is also authorized to place upon the map of the county road system and to provide for the construction, reconstruction, improvement or maintenance of any street or road within the boundaries of any village, which street or road may be a direct continuation of a county highway.

  Notwithstanding the provisions of any general, special or local law or any inconsistent provision of this chapter, the plans, specifications and estimate of cost of such construction, reconstruction or improvement provided in this section, may, in the discretion of the county superintendent, include the installation, construction, reconstruction, improvement of curbs, drainage facilities and retaining walls to protect pavements; the removing, relocating, constructing, reconstructing and improving any existing structures, facilities and appurtenances owned by any municipality and removing, relocating, constructing, reconstructing and improving sidewalks, and intersecting highways, roads or streets to accommodate adjusted or changed grades of highways, roads or streets in the interest of public safety; all in addition to the relevant provisions of this chapter that relate to the preparation of plans, specifications and estimates for the construction, reconstruction and improvement of county highways.

  The county superintendent shall have jurisdiction over the entire property affected by the provisions hereof to the same extent as may now or hereafter be provided by law. Any sidewalks, sewers, water mains, conduits, facilities and appurtenances that are provided pursuant to this section, shall be maintained or shall continue to be maintained, as the case may be, by the village in which they are located, or by the agency or other unit owning or having control thereof.

  Notwithstanding the provisions of any general, special or local law, and in the interest of public safety and to promote public convenience in the use of highways, roads or streets hereby affected, any local rule, regulation, ordinance, law or statute hereafter enacted, which relates to or affects parking, traffic operation of vehicles, pedestrian traffic or any other traffic conditions on such highways, roads or streets in villages, shall be ineffective until the governing body of any such village shall first submit such rule, regulation, ordinance, law or statute to and it be approved by the county superintendent.

  If greater width or different type of construction is desired by the municipality, the board of trustees of such village shall by resolution petition the county superintendent to provide the width and type of construction desired. The additional expense caused by the increased width or different type of construction or both shall be borne wholly by the village. The county superintendent may provide for the width and type of construction described in such petition, if the superintendent deems the filing of such petition to be timely and the construction described therein to be practicable. Whenever the county superintendent shall have approved such a village petition, the plans, specifications and estimates of cost, together with an estimate showing the additional cost to be borne by the village, to provide for the greater width or different type of construction or both, shall be submitted to the board of trustees which, if it approve such plans, specifications and estimate of cost, shall by resolution appropriate the funds necessary to provide for the portion of the cost of construction to be borne by the village. Such fund shall, prior to the award of the contract, be deposited by the village with the county treasurer subject to the draft or requisition of the county superintendent, and a certified copy of the resolution shall be filed with the county superintendent and with the county treasurer. The moneys so required shall be raised by tax or pursuant to the local finance law. Upon the completion of a highway, road or street within a village where a portion of the cost is borne by the village, the county superintendent shall transmit to the board of trustees a statement showing the actual costs of the additional width or changed construction including a proportionate charge for engineering, and shall notify the village clerk that he will accept the work within twenty days from the date of such notice, unless protest in writing against the acceptance shall be filed by such clerk with the county superintendent. In case a protest is filed, the county superintendent shall hear the same and if it is sustained the county superintendent shall delay the acceptance of the highway, road or street until the same be properly completed. If no protest is filed, the highway, road or street shall at the expiration of the said twenty days be deemed finally completed and accepted on behalf of the village and the county, and shall thereafter be maintained in the manner provided in this section.

  The provisions of this section shall not be deemed to affect the lawful authority or power of the state commissioner of transportation to regulate or limit the construction, reconstruction, improvement or maintenance of county highways.

  The provisions of this section shall apply only to the construction, reconstruction, improvement or maintenance of county roads or direct continuations of county roads lying within the boundaries of incorporated villages in the county of Niagara and money from the county road fund may be used for the purposes of this section.