New York Highway Code § 349-C

Design, construction, and payment of costs
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§ 349-c. Design, construction, and payment of costs. 1.\nNotwithstanding the provisions of any general, special or local law, the\ncommissioner of transportation is authorized and empowered to prepare\ndesigns, plans, specifications and estimates for the construction,\nreconstruction or improvement (1) of any extension or continuation of\nany highway or route which is now or which shall hereafter be authorized\nby section three hundred forty-one of this chapter, upon any public\nstreet or streets in any city outside of the city of New York, which are\nnow or which shall hereafter be designated in this article, and (2) of\nany existing or proposed main routes or thoroughfares in the city of New\nYork; all of which are designated in this article. Such designs, plans,\nspecifications and estimates may be prepared (a) by the department of\ntransportation; (b) by any city herein named, if the preparation of such\ndesigns, plans, specifications and estimates are authorized in advance\nby the commissioner of transportation and then upon such terms and\nconditions as may be agreed by and between such city and the\ncommissioner of transportation; (c) subject to the approval of the\ndirector of the budget, by the employment of private engineers or\nengineering firms; or (d) by a combination of such methods. The\ncommissioner of transportation may, in his discretion, provide or direct\nthat there be provided in such designs, plans, specifications and\nestimates, such roadside and landscape development, including such\nsanitary and other facilities as may be deemed reasonably necessary to\naccommodate the public; provided however that such development is within\nthe bounds of any property acquired for purposes connected with the\nhighway system of the state of New York pursuant to this chapter, and\nany adjacent publicly owned or controlled recreational areas of limited\nsize and with provision for convenient and safe access thereto by\npedestrian and vehicular traffic. All references hereinafter contained\nin this article to the construction of facilities and appurtenances of\nstate highways, or to a section or sections of the arterial system, may\nbe deemed to include the development and facilities mentioned in this\nparagraph.\n  2. With relation to any city named in this article, but not including\nthe city of New York:\n  2.1. The commissioner is authorized to provide in such designs, plans,\nspecifications and estimates, for bridges, culverts, drainage,\nshoulders, gutters, curbs, sidewalks and any other facilities and\nappurtenances as he may determine.\n  2.2. The commissioner shall construct, reconstruct or improve such\nextensions or continuations, including said facilities and\nappurtenances, in the same manner as other state highways, facilities\nand appurtenances are constructed, reconstructed and improved pursuant\nto this chapter. After designs, plans and specifications thereof have\nbeen completed and approved by the city and the commissioner, the city\nmay, however, elect to construct such section or sections and acquire\nproperty therefor at its own expense in the manner provided by the city\ncharter or otherwise. For all the purposes of this section, the\njurisdiction of the commissioner shall extend over the entire property\naffected by the provisions hereof, as such jurisdiction has been\nobtained, or as such jurisdiction may hereafter be obtained pursuant to\nthe provisions of this chapter. Such sidewalks, facilities and\nappurtenances shall be maintained or shall be continued to be\nmaintained, as the case may be, by the city in which they are located,\nor by the agency or unit owning or having control and jurisdiction\nthereof.\n  2.3. The governing body of any city named in section three hundred\nforty-nine-e of this article may apply to the commissioner for a change\nin such designation of a public street or streets within the boundaries\nof such city, and the commissioner may grant such application, and in\ncase

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