Section 54. Sidewalks along improved state highways  


Latest version.
  • Walks or paths for
      pedestrians may be constructed by a  county  along  any  improved  state
      highway  or  along a part thereof in any town of the county, pursuant to
      the provisions of this section. The request for any such  walk  or  path
      shall be made by the town board, by resolution to that effect, a copy of
      which  shall  be certified to the board of supervisors. Unless the board
      of supervisors shall determine by resolution  that  such  walk  or  path
      shall  not  be  constructed,  it shall, by resolution, direct the county
      superintendent of highways  to  prepare  and  submit  to  the  board  an
      estimate  of  the  probable  cost  of such work, together with a general
      outline plan thereof setting forth the type, material and width  of  the
      proposed  walk  or  path, and also its location, specifying the highway,
      the beginning and terminal points of the walk or path and  its  distance
      laterally  from  the  improved  roadway.  Upon receipt of such plan, the
      board of supervisors, by resolution, may determine  that  such  walk  or
      path  shall be constructed, in accordance with such plan, subject to the
      approval of the plan, and consent that the walk or path be  constructed,
      by  the  commissioner  of  transportation.  The county superintendent of
      highways shall submit such plan to the commissioner  of  transportation,
      together with a copy of such resolution, to be furnished by the clerk of
      the  board.  If  the commissioner of transportation shall consent to the
      construction of a walk or path along  the  course  indicated  and  shall
      approve  such  plan,  he  shall  certify  such  action  to  the board of
      supervisors, and the board of supervisors  shall  then  appropriate  and
      make  available for such work the necessary moneys therefor, from county
      funds. The commissioner of transportation, however, may modify such plan
      and certify in like manner the changes made  by  him  therein.  In  that
      case,  the  board  of  supervisors  shall  not be required to direct the
      construction of such walk or path or provide moneys  therefor  until  it
      shall have approved of such changes. If the foregoing provisions of this
      section  shall  have  been  complied with, the work of such construction
      shall proceed under  the  direction  of  the  county  superintendent  of
      highways.  He  may  perform such work by contract, or partly by contract
      and partly by the employment of labor, purchase of material and the  use
      of  any  necessary  machinery  owned  or  rented by the county. Upon the
      completion of such work, the total cost thereof shall be reported by the
      superintendent of highways to the board of supervisors. Thirty-five  per
      centum of the cost of such work shall be reimbursed to the county by the
      town  requesting  the improvement, and a tax therefor may be levied upon
      the taxable property of the town, or the amount to be raised  by  either
      the  county  or  the  town may be provided pursuant to the local finance
      law. Any moneys so raised by the town shall  be  paid  into  the  county
      treasury.
        No such walk or path shall be constructed within the right of way of a
      state   highway,  unless  with  the  approval  of  the  commissioner  of
      transportation.  Necessary rights of way for any such sidewalk  or  path
      shall  be acquired by the county in the same manner as the rights of way
      are acquired for state highways as provided in this chapter. The cost of
      any such right of way shall be paid in the first instance by the  county
      from  any county moneys available and thirty-five per centum of the cost
      shall be a charge upon the town to be raised by tax as  a  part  of  the
      improvement.  Sidewalks or paths for pedestrians may also be constructed
      by a town along an improved state highway or part thereof in the  manner
      provided by section one hundred fifty-one of this chapter, but only with
      the  approval  of the commissioner of transportation given in the manner
      provided by this section, the provisions of  which  in  respect  thereto
      shall be deemed to apply to such town sidewalks.