New York Laws
Article 6 - County Roads
117-A - Highways in Villages in Niagara County.

§ 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.

Structure New York Laws