New York Laws
Article 3 - Construction, Operation and Management
89 - New Railroads Across Streets.

§ 89. New railroads across streets. All steam surface railroads built
after the first day of July, eighteen hundred and ninety-seven, except
additional switches and sidings, must be so constructed as to avoid all
public crossings at grade, whenever practicable so to do. Whenever
application is made to the commissioner of transportation under section
nine of this chapter there shall be filed with the commissioner of
transportation a map showing the streets, avenues, highways and roads
proposed to be crossed by the new construction, and the commissioner of
transportation shall determine whether such crossings shall be under or
over the proposed railroad, except where the commissioner of
transportation shall determine such method of crossing to be
impracticable. Whenever an application is made under this section to
determine the manner of crossing, the commissioner of transportation
shall designate a time and place when and where a hearing will be given
to such railroad company, and shall notify the municipal corporation
having jurisdiction over the streets, avenues, highways or roads
proposed to be crossed by the new railroad, persons owning land in the
vicinity of the proposed crossing and such other parties deemed by the
commissioner of transportation to be interested in the proceeding. The
commissioner of transportation shall give public notice of such hearing.
Upon such notice and after a hearing, the commissioner of transportation
may determine that alterations or changes may be made in any existing
highway at or in the vicinity of a proposed crossing for the purpose of
avoiding a crossing at grade.

If the commissioner of transportation shall determine that any such
railroad shall be carried across a street, avenue, highway or road below
the grade thereof, said commissioner of transportation shall determine
the height, the length, and the material of the bridge or structure by
means of which such street, avenue, highway or road shall be carried
over such railroad, and the length, character, and grades of the
approaches thereto. If the commissioner of transportation shall
determine that such railroad shall be constructed above the grade of
such street, avenue, highway or road, said commissioner of
transportation shall determine the manner and method in which such
railroad shall be constructed over such street, avenue, highway or road,
and the length, character and grades of the undercrossing approaches. If
the commissioner of transportation shall determine that it is
impracticable to construct such railroad below or above the grade of
such street, avenue, highway or road, said commissioner shall determine
the manner and method in which the same shall be constructed across such
street, avenue, highway or road at grade, and what safeguards shall be
maintained.

The decision of the commissioner of transportation rendered in any
proceedings under this section shall be communicated, after final
hearing, to the railroad company, the municipal corporation and all
other parties who appeared at said hearing by counsel or in person.

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