Section 117-A. Highways in villages in Niagara county  


Latest version.
  • The  board of
      supervisors of Niagara county may place upon the map of the county  road
      system and may provide for the construction, reconstruction, improvement
      or  maintenance  of  a  county highway through a village so as to form a
      continuous highway on the county road  system.  Such  highway  within  a
      village  shall  be  of such width and type of construction as the county
      superintendent deems to be adequate.
        Notwithstanding any inconsistent provision of this chapter, the  board
      of  supervisors  of  Niagara county is also authorized to place upon the
      map of the county road system  and  to  provide  for  the  construction,
      reconstruction,  improvement or maintenance of any street or road within
      the boundaries of any village, which street or  road  may  be  a  direct
      continuation of a county highway.
        Notwithstanding the provisions of any general, special or local law or
      any  inconsistent  provision  of this chapter, the plans, specifications
      and estimate of cost of such construction, reconstruction or improvement
      provided  in  this  section,  may,  in  the  discretion  of  the  county
      superintendent,  include the installation, construction, reconstruction,
      improvement of curbs, drainage facilities and retaining walls to protect
      pavements; the removing, relocating,  constructing,  reconstructing  and
      improving any existing structures, facilities and appurtenances owned by
      any  municipality and removing, relocating, constructing, reconstructing
      and improving sidewalks, and intersecting highways, roads or streets  to
      accommodate  adjusted or changed grades of highways, roads or streets in
      the  interest  of  public  safety;  all  in  addition  to  the  relevant
      provisions  of  this  chapter  that  relate to the preparation of plans,
      specifications and estimates for the  construction,  reconstruction  and
      improvement of county highways.
        The  county  superintendent  shall  have  jurisdiction over the entire
      property affected by the provisions hereof to the same extent as may now
      or hereafter be provided by law. Any  sidewalks,  sewers,  water  mains,
      conduits,  facilities  and  appurtenances  that are provided pursuant to
      this section, shall be maintained or shall continue to be maintained, as
      the case may be, by the village in which they are  located,  or  by  the
      agency or other unit owning or having control thereof.
        Notwithstanding  the  provisions of any general, special or local law,
      and in the interest of public safety and to promote  public  convenience
      in  the  use  of  highways,  roads or streets hereby affected, any local
      rule, regulation, ordinance, law or  statute  hereafter  enacted,  which
      relates to or affects parking, traffic operation of vehicles, pedestrian
      traffic  or  any  other  traffic  conditions  on such highways, roads or
      streets in villages, shall be ineffective until the  governing  body  of
      any  such  village  shall first submit such rule, regulation, ordinance,
      law or statute to and it be approved by the county superintendent.
        If greater width or different type of construction is desired  by  the
      municipality,  the board of trustees of such village shall by resolution
      petition the county superintendent to provide  the  width  and  type  of
      construction  desired.  The  additional  expense caused by the increased
      width or different type of construction or both shall be borne wholly by
      the village. The county superintendent may provide  for  the  width  and
      type  of  construction described in such petition, if the superintendent
      deems the filing of such petition to  be  timely  and  the  construction
      described  therein to be practicable. Whenever the county superintendent
      shall have approved such a village petition, the  plans,  specifications
      and  estimates of cost, together with an estimate showing the additional
      cost to be borne by the village, to provide for  the  greater  width  or
      different  type of construction or both, shall be submitted to the board
      of trustees which, if it approve such plans, specifications and estimate
    
      of cost, shall by resolution appropriate the funds necessary to  provide
      for  the portion of the cost of construction to be borne by the village.
      Such fund shall, prior to the award of the contract, be deposited by the
      village with the county treasurer subject to the draft or requisition of
      the  county superintendent, and a certified copy of the resolution shall
      be filed with the county superintendent and with the  county  treasurer.
      The  moneys  so required shall be raised by tax or pursuant to the local
      finance law. Upon the completion of a highway, road or street  within  a
      village  where a portion of the cost is borne by the village, the county
      superintendent shall transmit to  the  board  of  trustees  a  statement
      showing the actual costs of the additional width or changed construction
      including  a  proportionate charge for engineering, and shall notify the
      village clerk that he will accept the work within twenty days  from  the
      date  of  such  notice, unless protest in writing against the acceptance
      shall be filed by such clerk with the county superintendent. In  case  a
      protest  is  filed, the county superintendent shall hear the same and if
      it is sustained the county superintendent shall delay the acceptance  of
      the  highway, road or street until the same be properly completed. If no
      protest is filed, the highway, road or street shall at the expiration of
      the said twenty days be deemed finally completed and accepted on  behalf
      of the village and the county, and shall thereafter be maintained in the
      manner provided in this section.
        The  provisions  of  this  section  shall  not be deemed to affect the
      lawful authority or power of the state commissioner of transportation to
      regulate or  limit  the  construction,  reconstruction,  improvement  or
      maintenance of county highways.
        The  provisions  of this section shall apply only to the construction,
      reconstruction, improvement or maintenance of  county  roads  or  direct
      continuations   of   county   roads   lying  within  the  boundaries  of
      incorporated villages in the county of Niagara and money from the county
      road fund may be used for the purposes of this section.