Section 346. Distinctive requirements of state thruways  


Latest version.
  • Highways
      constructed, improved or reconstructed, and maintained as prescribed  in
      this  article,  shall be designated "state thruways" and bridges thereon
      shall be deemed a part thereof. Each state thruway, except  the  Niagara
      thruway  and  the New England thruway, shall be constructed, improved or
      reconstructed on a right of way of such width  as  the  commissioner  of
      transportation  may  determine, provided, however, that such width shall
      be not less than two hundred feet, except in any location where, in  the
      judgment of the commissioner of transportation, such minimum width shall
      be  deemed to be impracticable. The commissioner of transportation shall
      set monuments on the boundaries thereof, and he may cause fences  to  be
      erected  along  or  adjacent  to such boundaries and he is authorized to
      install  suitable  lighting,  directional  and  protective   facilities,
      devices,  and appurtenances, if he deems it necessary in the interest of
      public safety.
        Notwithstanding the provisions of any general, special or local law or
      of any inconsistent provision of this chapter, the maintenance of  state
      thruways  shall  include  the  control of snow and ice. Such maintenance
      shall be done by the method or methods provided in this chapter for  the
      maintenance  of  improved  state  highways  in  towns  and  incorporated
      villages. Whenever funds are  provided  therefor,  the  commissioner  of
      transportation shall have power to acquire for the state, by purchase or
      by  appropriation  through  the procedure specified in section thirty of
      this chapter  property  for  the  purpose  of  providing,  erecting  and
      maintaining  thereon  storehouses  and  repair  shops for the storing of
      supplies and material and for the storing, repairing and maintaining  of
      equipment,  machinery,  tools  and  implements;  and of constructing and
      maintaining such storehouses and repair shops.
        Pursuant to  any  statutes  in  such  cases  made  and  provided,  the
      superintendent  of  state police shall exercise jurisdiction and control
      over  the  user  and  the  vehicular  traffic  upon  state  thruways  in
      accordance  with  generally  established  as  well  as  special  traffic
      regulations, which shall be invoked immediately upon the opening to  the
      public  of  any  state  thruway or section thereof by the issuance of an
      official order for such opening by the  commissioner  of  transportation
      and   the   delivery   of  a  certified  copy  thereof  by  him  to  the
      superintendent of state police.
        The commissioner of transportation shall  have  power  to  acquire  by
      appropriation  by the method contained in this article, property for the
      purpose of providing, and  also  to  construct  or  reconstruct  thereon
      suitable  housing  and other facilities and appurtenances for members of
      the division of the state police who shall be engaged in exercising such
      jurisdiction and control. Upon approval by the director of  the  budget,
      the  cost  of  such  property and of such construction or reconstruction
      shall be paid from funds available for construction,  reconstruction  or
      improvement of state highways and thruways as part of the cost thereof.
        The  commissioner of transportation is authorized to classify any part
      of a state thruway as a  controlled  access  highway  pursuant  to  this
      chapter,  when  the  construction thereof is done on a location where no
      public highway theretofore existed. Highway and railroad grade crossings
      shall be eliminated generally by structures  to  be  determined  by  the
      commissioner of transportation, who is hereby given authority to combine
      or  relocate  intersecting highways, streets, or roads to adjust traffic
      to such grade separation structures,  except  that  the  grade  crossing
      elimination  structures  involved  in  public  service  commission cases
      number fifty-four hundred  seventy-two  and  nine  thousand  fifty-eight
      shall remain under the jurisdiction of such commission or its successor.
      The  entire  cost of such structure as so determined by the commissioner
    
      of transportation  shall  be  included  in  the  cost  of  the  thruway.
      Telephone and telegraph wires, power transmission and gas, oil and water
      lines, conduits, cables of every kind and nature, that cross any thruway
      may,  in  the  discretion  of  the  commissioner  of  transportation, be
      relocated in suitable facilities to  be  installed  under  or  over  and
      across  any  such  thruway.  The  expense  of  such  relocation  and  of
      installing such facilities shall be deemed to be part of the cost of the
      thruway. The work of such relocation may be done by the  owner  of  such
      wires,   lines,   conduits   and   cables,   and   the  commissioner  of
      transportation is hereby empowered to enter into an agreement with  such
      owner  for  the  performance  of  all  or  any  part of the work of such
      relocation at  the  expense  of  the  state.  Access  from  one  traffic
      direction to the other shall be provided only at such points and in such
      manner as the commissioner of transportation shall determine.  Access or
      branch  connections  from  any thruway or section thereof to any highway
      that is authorized by this chapter, shall,  in  the  discretion  of  the
      commissioner    of   transportation,   be   included   in   the   plans,
      specifications, and estimates and shall be constructed according to such
      design and type as the commissioner of transportation shall deem  to  be
      suitable  for  the  purposes  thereof  notwithstanding  the  distinctive
      requirements of this section. Each state thruway shall provide  for  not
      less  than  two lanes of traffic in each direction.  Opposing traffic on
      every completed state thruway shall be separated by a mall generally or,
      the commissioner of transportation may separate such opposing traffic by
      such other alignment of the respective lanes of traffic  which,  in  the
      judgment of the commissioner of transportation is practicable because of
      topographic  conditions and is beneficial to the public interest. Rights
      of way for state thruways shall be acquired by the state as provided  in
      section  three hundred forty-seven of this chapter. Any state highway or
      portion thereof may be utilized and become a part of any  state  thruway
      when  authorized  by  the  commissioner of transportation, provided such
      highway or portion thereof either meets the prescribed requirements of a
      state thruway or is appropriately altered so  as  to  come  within  such
      requirements  before  its incorporation into the thruway. Similarly, any
      portion of a state thruway may be constructed in whole or  in  part  and
      utilized as a part of the state highway system pending the completion of
      the thruway when so determined by the commissioner of transportation and
      funds are provided for such construction.