New York Laws
Article 12 - District and Special Improvements
202-F - Construction or Installation of Certain Improvements in State Highways and County Roads.

§ 202-f. Construction or installation of certain improvements in state
highways and county roads. 1. In the event of the construction,
reconstruction or relocation of a state highway or county road in any
town outside of an existing water, water storage and distribution,
sewer, sewage disposal or drainage district, the town board of such
town, after a public hearing as hereinafter provided, may, at the time
of such construction, reconstruction or relocation, install or construct
such improvements in the right-of-way in such state highway or county
road as it may determine to be in the public interest for future use by
any such district or extension thereof in such town. The town board
shall cause a plan of the proposed improvement and an estimate of the
cost thereof to be prepared by the town engineer or, if there be no town
engineer, an engineer duly licensed by the state of New York. When the
plan and estimate of the cost have been completed, the town board shall
call a public hearing thereon and cause a notice thereof to be published
in the official newspaper of said town, if any, or if none, in any
newspaper which could be designated as the official newspaper of the
town, the first publication thereof to be not less than ten nor more
than twenty days before the day set therein for said public hearing, and
shall also cause a copy of such notice to be posted on the sign-board of
the town maintained pursuant to subdivision six of section thirty of
this chapter not less than ten nor more than twenty days before the date
designated for such public hearing as aforesaid. In the event that the
town maintains a website, such information may also be provided on the
website. Such notice shall describe in general terms the proposed
improvement, shall specify the estimated cost thereof and state the time
when and the place where such town board will meet to hear all persons
interested in the subject matter thereof. If the town board shall decide
after such public hearing and upon the evidence given thereat that it is
in the public interest to install or construct the proposed improvement,
such town board shall direct the engineer to prepare definite plans and
specifications and make a careful estimate of the expense, and, with the
assistance of the town attorney or an attorney employed for that
purpose, to prepare a proposed contract for the execution of the work.
Thereupon, such town board shall examine such definite plans,
specifications, estimate and the proposed contract, and may reject the
same or make such modifications or changes therein as shall seem
necessary and desirable, and adopt the same and cause the improvement to
be installed or constructed in accordance therewith.

2. The expense of any improvement authorized pursuant to this section
shall be a town charge and shall be assessed, levied and collected in
the same manner and at the same time as other town charges; provided,
however, that nothing herein contained shall be construed to prevent the
financing in whole or in part, pursuant to the local finance law, of any
improvement authorized pursuant to this section. Any such improvement
shall be deemed to be a district or special improvement authorized by
article twelve of this chapter within the meaning of subdivision two of
paragraph b of section 35.00 of the local finance law. The expense of
any such improvement shall not exceed the amount stated as the estimated
cost thereof in the notice of the public hearing thereon.

3. The town board may authorize the use of any improvement installed
or constructed pursuant to this section by any water, water storage and
distribution, sewer, sewage disposal or drainage district, or extension
thereof, thereafter established in such town, provided the entire
expense of such improvement, together with the expense of the
construction of the original improvement for such district or extension,
shall not exceed the maximum amount proposed to be expended as stated in
the petition, or, in the case of a water storage and distribution

district or sewage disposal district, the notice of hearing, for the
establishment or extension of such district. Whenever the town board
shall authorize the use of any improvement installed or constructed
pursuant to this section by any district or extension thereof, the same
shall become a part of such district or extension thereof and the entire
cost of such improvement, including the expense of maintenance thereof,
shall be a charge against such district or extension and shall be
assessed, levied and collected in the same manner as other charges
against such district or extension.

4. No improvement shall be installed or constructed within any state
highway or county road pursuant to this section until the state
commissioner of transportation or the county superintendent of highways,
as the case may be, shall have granted his written consent thereto,
which consent may be made subject to such conditions as may be
determined necessary or desirable to prevent undue interference with the
work of constructing, reconstructing or relocating such highway or road.

5. In any town which is located wholly or partly within the Adirondack
park which contains state lands subject to taxation assessed at more
than thirty per centum of the total taxable assessed valuation of such
town as determined from the latest completed assessment roll of such
town, no expenditure shall be made or contract let for the purposes
authorized in this section, unless the state comptroller, on behalf of
the state, shall consent to such expenditure. In all other cases, the
consent of the state comptroller shall not be required for any
expenditure pursuant to this section.