Section 47. Connecting highways in villages  


Latest version.
  • The board of trustees of a
      village may, by resolution, petition the commissioner of  transportation
      for  the  construction or improvement of a highway to connect streets or
      highways within the village which have been paved or improved with state
      highways which have  been  heretofore  built  under  the  provisions  of
      chapter  one  hundred  and  fifteen  of the laws of eighteen hundred and
      ninety-eight, and the acts amendatory thereof.   If in the  judgment  of
      the  commissioner  of  transportation  public  convenience  requires the
      construction or improvement of such connecting highway, the commissioner
      shall cause plans, specifications and  estimates  to  be  prepared,  and
      shall  cause  the  same to be transmitted to the board of supervisors of
      the county wherein such highway is situated.  The board  of  supervisors
      may  thereupon  take action on such plans and specifications and adopt a
      resolution relating to such construction or improvement. Notwithstanding
      any other provision of this chapter, the cost of  such  construction  or
      improvement  shall  be  borne  and  payment thereof shall be made in the
      manner as  provided  for  in  section  two  hundred  and  sixty-four.  A
      certified  copy  of  such resolution shall be filed in the office of the
      department of transportation. The construction or  improvement  of  such
      connecting  highway  shall  then  be  taken  up  in the order and manner
      provided in section two hundred and sixty-one for  the  construction  or
      improvement  of state highways. If it is desired to construct or improve
      any portion of such a connecting highway at a width  greater  than  that
      provided  for  in  the  plans  and  specifications  therefor,  or  if  a
      modification of such plans and specifications is desired  by  which  the
      cost  thereof  will  be  increased, the board of trustees of the village
      shall proceed as in section forty-six to secure such a  modification  of
      the   plans   and  specifications  as  will  provide  for  such  desired
      construction. The provisions of such section shall apply in like  manner
      to  the  connecting highway to be constructed or improved as provided in
      this section.
        The provisions of this act shall not prevent the improvement by  state
      aid under the statute as it existed prior to the passage of this act, of
      streets  in  cities  of  the second and third class, where, prior to the
      passage of this act, highway numbers had been assigned  as  provided  by
      article twelve of this act; nor shall the provisions of this act prevent
      the  improvement in such cities of streets heretofore petitioned for and
      approved in cases where the proposed improvement of each street does not
      exceed one and one-half miles in length; but the total  mileage  of  all
      such streets not exceeding one and one-half miles in length shall not in
      the aggregate exceed four miles.
        Wherever plans for such improvement in a city of the second class have
      been  approved  and a highway number assigned, and the work is ready for
      contract as hereinbefore described and the common council of  such  city
      has appropriated and made available the city's share of the cost of such
      improvement,  the  city  treasurer  of  such  city is hereby authorized,
      empowered and directed to deposit such moneys with the state comptroller
      in the same manner as is provided by this section  with  regard  to  the
      improvement of village streets.