N.Y. Highway Law Section 117-A
Highways in villages in Niagara county

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.

Source: Section 117-A — Highways in villages in Niagara county, https://www.­nysenate.­gov/legislation/laws/HAY/117-A (updated Sep. 22, 2014; accessed Apr. 20, 2024).

110
Definitions 111
Payment and apportionment of cost among counties and towns 113
Annual statement of cost 114
Sources and use of county road fund moneys 115
Preparation of map showing proposed county road system 115‑A
Abandonment of unused portions of town highways on county road system 115‑B
Removal of road or part of road from county road system 115‑C
Notice to municipalities where county roads are abandoned or revert to such municipalities 116
Statement and approval of proposed work 117
Construction and reconstruction of county roads 117‑A
Highways in villages in Niagara county 117‑B
Controlled-access highways in counties 117‑C
Hawking, peddling, vending, sale of goods, wares or merchandise 117‑D
Pedestrian overpass to be designated as the “Jennifer Bolender Memorial Overpass” 117‑E
Pedestrian overpass to be designated as the “Police Officer Robert McLellan Memorial Overpass” 118
Acquisition by counties of lands for right-of-way and other purposes 118‑A
Abandoning of parts of county highways 118‑B
Entry upon lands by county superintendent 119
Purchase of lands 120
Petition to acquire lands 121
Commissioners of appraisal to be appointed 122
Duties of commissioners of appraisal 123
County treasurer to pay awards 125
Land may be sold or leased 126
Awarding of contracts 127
Payments from the county road fund 129
Maintenance and apportionment of cost 130
Bridges on county road system 131
County roads of additional width and increased cost at expense of village 131‑A
Application 131‑B
County highways and bridges 131‑C
Location and construction of bridges 131‑D
Construction by county of destroyed bridges 131‑E
Bridges over county lines 131‑F
Streets outside cities 131‑G
Regulation of toll rates 131‑H
Separate highway districts in certain counties 131‑I
Boundary lines 131‑J
Development of highways and other improvements in certain counties 131‑K
County aid for construction and improvement of certain public highways and bridges in municipalities 133
Machinery, tools, equipment, implements, materials and supplies 133‑A
Rental or hiring of county highway machinery, tools or equipment 134
Purchases by county purchasing agent 135
Snow removal, and cutting of weeds 135‑A
Control of snow and ice conditions on county roads 136
Permits for work within the county road right of way 137
Maintenance of certain highways by a county 138
Bridge between Saratoga county and Warren county to be designated as the "Irving H 139
County liable for injuries caused by defective highways and bridges 139‑A
Presentation of claims for torts
Green check means up to date. Up to date

Accessed:
Apr. 20, 2024

Last modified:
Sep. 22, 2014

§ 117-A’s source at nysenate​.gov

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