State Codes and Statutes

Statutes > New-york > Hay > Article-9 > 234

§  234.  Public  authority,  public  benefit  corporation, commission,  county, town, city or village bridges. 1.  a.  All  public  authorities,  public  benefit  corporations,  commissions,  county  superintendents of  highways, town superintendents of highways, and  legislative  bodies  of  cities  and villages shall cause an inspection to be made of each bridge  under their respective jurisdictions. Such inspection shall be made on a  frequency and shall be  conducted  under  standards  prescribed  by  the  commissioner  pursuant  to  rules  and regulations adopted in accordance  with this article. Upon the request of the appropriate public authority,  public benefit corporation, commission, county  highway  superintendent,  town highway superintendent or appropriate city or village official, the  department   may   make  such  inspection.  If  the  appropriate  public  authority,    public    benefit    corporation,    commission,    county  superintendent,  town  superintendent  or  appropriate  city  or village  official does not  request  such  an  inspection  and  the  commissioner  determines  after  suitable  investigation  that  the appropriate public  authority,    public    benefit    corporation,    commission,    county  superintendent, town superintendent, or city or village official has not  complied  with  the  rules  and regulations of the department adopted in  accordance with this article for the inspection of  bridges,  and  after  due  notice,  the  commissioner  shall cause such inspection to be made.  After such inspection the bridge shall have the same status with respect  to maintenance and liability as it had prior to inspection.    b. The cost of  the  inspection  of  any  bridge  owned  by  a  public  authority or a public benefit corporation shall be the responsibility of  such  public  authority  or  public  benefit corporation. If such public  authority  or  public  benefit  corporation  fails  to   reimburse   the  department  for  such reasonable and necessary costs after due notice as  provided by rules and regulations, the commissioner is hereby authorized  and empowered to commence an action in a court of competent jurisdiction  to collect any money owed by such public  authority  or  public  benefit  corporation for such inspections.    c.  Once  the  department has conducted an inspection of any bridge it  shall continue to make subsequent inspections of such bridge as  may  be  required;  however,  if the appropriate public authority, public benefit  corporation, commission, county superintendent, town  superintendent  or  appropriate city or village official notifies the commissioner that such  public  authority,  public  benefit  corporation,  commission,  or local  jurisdiction desires henceforth to make such inspection and demonstrates  to the commissioner that it has the means to do so  in  accordance  with  the  provisions  of  this  article and the rules and regulations adopted  pursuant thereto,  the  appropriate  public  authority,  public  benefit  corporation,  commission, county superintendent, town superintendent, or  city  or  village  official  shall  reassume  responsibility  for   such  inspection.    2. a. If the result of an inspection indicates that a bridge is unsafe  for  public  use  and travel with legal weights, or if posted, with such  posted  weights,  the  appropriate  public  authority,  public   benefit  corporation,  commission,  county superintendent, town superintendent or  city or village official shall close it to all traffic and shall  notify  the  department  of  that fact. The appropriate public authority, public  benefit   corporation,   commission,   county    superintendent,    town  superintendent  or  city or village official shall thereupon cause to be  posted conspicuous notices on such bridge and  also  on  the  approaches  thereto to the effect that the bridge is closed to all traffic and shall  at  the  same  time  cause to be erected suitable barricades for closing  such bridge, including the necessary lights which shall  be  visible  to  any  one  approaching  such barricades from one hour after sunset to onehour before sunrise. Neither the county  nor  the  town  nor  any  other  public  entity  shall be responsible for any damages which may result to  any person entering on or traveling over such bridge after  the  posting  of such notices and the erection of such barricades.    b.  If  the  appropriate public authority, public benefit corporation,  commission, county, town, city or village fails to close such a  bridge,  the  department is hereby authorized and directed to close and barricade  such bridge in accordance with the provisions of this article and  rules  and  regulations  adopted  pursuant  thereto,  and  any  reasonable  and  necessary costs incurred by the department shall be  the  responsibility  of  and  paid  for  by  the appropriate public authority, public benefit  corporation, commission, or  municipality.  If  such  public  authority,  public   benefit   corporation,  commission  or  municipality  fails  to  reimburse the department or division for such costs after due notice  as  provided  by  rule  and  regulation,  the  commissioner is authorized to  pursue all available remedies including but not limited to commencing an  action in a court of competent jurisdiction to collect  any  such  money  owed  by  a  public authority, public benefit corporation, commission or  municipality.    3. a. If a bridge is found to require a load capacity  evaluation,  it  shall  be the responsibility of the appropriate public authority, public  benefit corporation, commission,  county  highway  superintendent,  town  highway  superintendent  or  city  or  village official to determine the  total safe load which may be permitted to pass over such bridge and such  public entity or  the  appropriate  public  official  shall  notify  the  department  of such determination. Such load capacity evaluation must be  performed by a licensed professional engineer.  No  person  shall  drive  animals or operate a vehicle or combination of vehicles on or across any  such  bridge  the total weight of which, on said bridge at any one time,  shall exceed the total safe load as sign posted. It shall  thereupon  be  the   duty   of   the   appropriate  public  authority,  public  benefit  corporation, commission, county  highway  superintendent,  town  highway  superintendent  or  city or village official, with respect to structures  under their respective jurisdictions, to post signs to inform persons of  the safe load permitted on such bridge. The type and manner of placement  of such signs shall conform to the  manual  and  specifications  of  the  department.  Neither  the  state  nor  any  other public entity shall be  responsible for any damages which may result to vehicles or animals of a  greater weight upon such bridge than that indicated on the signs.    b. If the appropriate public authority,  public  benefit  corporation,  commission,  county,  town,  city or village fails to determine the safe  load capacity and, if appropriate, post the total safe load which may be  permitted to pass over a bridge within sixty days of being notified that  a load capacity evaluation is required, the commissioner may, close  the  bridge  in  accordance with the provisions of this article and the rules  and  regulations  adopted  pursuant  thereto  and  any  reasonable   and  necessary  costs  incurred by the department shall be the responsibility  of and paid for by the  appropriate  public  authority,  public  benefit  corporation,  commission  or  municipality.  If  such  public authority,  public  benefit  corporation,  commission  or  municipality   fails   to  reimburse  the department or division for such costs after due notice as  provided by rule and  regulation,  the  commissioner  is  authorized  to  pursue all available remedies including but not limited to commencing an  action  in  a  court of competent jurisdiction to collect any such money  owed by a public authority, public benefit  corporation,  commission  or  municipality.    4.  If a bridge having a span less than twenty-five feet is condemned,  the county superintendent shall  without  delay  cause  to  be  preparedplans,  specifications  and  estimates  for  the  repair,  alteration or  reconstruction  of  such  bridge  and  approaches  thereto  or  for  the  construction of a bridge and approaches thereto on new location.    The  cost  of  preparing  such plans, specifications and estimates, if  any, may be paid by the treasurer of the county  on  the  order  of  the  county  superintendent,  together  with  an  itemized  statement of such  costs, from any money of the county appropriated for the construction of  bridges. On or before the thirty-first day of October in each  year  the  county  treasurer  shall  report  the amount of such expenditures to the  town superintendent of highways of the town in which  such  bridges  are  located  and  the  amount  thereof  shall be included in the estimate of  expenditures for highways and bridges required to  be  prepared  by  the  town  superintendent  of  highways  and  shall thereafter be paid by the  supervisor upon  a  voucher  approved  by  the  town  superintendent  of  highways  after  audit  in  the same manner as other charges against the  town to the county treasurer from taxes levied and  collected  for  that  purpose.    5.  If  a  bridge  having  a  span less than twenty-five feet has been  inspected  by  the  county  superintendent  and  posted  by   the   town  superintendent   as   safe   for   restricted   use,  it  shall  be  the  responsibility of the  town  to  maintain  the  structure  in  a  proper  condition  of repair for safe usage by the public in accordance with the  posted limits of loads and speed.    6. Any bridge having a span of twenty-five feet  or  more,  which  has  been  inspected  by  the county superintendent of highways, may be taken  over by the county under official order of the county superintendent  of  highways.  Otherwise  its status shall remain the same as bridges having  less  than  twenty-five  feet  span.  If  a  bridge  having  a  span  of  twenty-five  feet  or  more  has  been  taken  over  by the county under  official  order,  it  shall  be  repaired,  altered,  reconstructed   or  constructed   on   new  location  under  the  direction  of  the  county  superintendent of highways. Upon the issuing of such official order  the  county  superintendent  shall  without delay cause to be prepared plans,  specifications   and   estimates   for   the   repair,   alteration   or  reconstruction of such bridge or for the construction of a bridge on new  location  and it shall be the duty of the board of supervisors forthwith  to undertake such repair,  alteration,  reconstruction  or  construction  work.  The  county  in  which  such bridge having been taken over by the  county superintendent of highways is located shall pay the cost of  such  repair,  alteration,  construction  or  reconstruction  and the board of  supervisors of such county is hereby authorized  to  provide  funds  for  such  purposes  in  accordance  with  the  provisions of the highway law  relating to the raising of moneys for the  construction,  reconstruction  or repair of county roads and town highways.    Payment  of  such construction, reconstruction or maintenance shall be  made as follows:    Where the construction,  reconstruction  or  maintenance  is  done  by  contract, from time to time as the work proceeds, and in accordance with  rules  to  be  established  by  the  commissioner of transportation, the  county superintendent of highways shall prepare a  voucher  showing  the  value of the work completed and a verified certificate showing that such  work  was  done  in  accordance  with the plans and specifications. Such  voucher and certificate shall be filed with the county treasurer. In the  event that the work was done by county forces, a similar voucher for the  work done, including material furnished, and a similar certificate shall  be filed with the  county  treasurer.  The  county  treasurer,  on  such  voucher  shall,  in  cases where the work has been done by contract, pay  out of the money provided an amount not exceeding ninety per centum,  orin  a  case  where the bond is dispensed with, eighty per centum, of the  contract price of such completed work; and where the work has been  done  by  county forces shall pay the full amount of such voucher. The balance  of  the  contract  price  shall be paid after the completion of the work  when the same has been  accepted  by  the  county  superintendent  by  a  certificate and voucher filed in the office of the county treasurer.    The  county superintendent may, pending the preparation of said plans,  specifications and estimates and pending the performance of the duty  of  the  board  of  supervisors  as  above  prescribed,  and  subject to the  monetary limitations as  hereinafter  set  forth,  make  such  emergency  repairs  to  such  bridges  or build temporary structures thereat, as he  deems necessary without the approval and the adoption of a resolution by  the board of supervisors previous to the performance of such  work;  and  the  board  of supervisors may cause such a sum of money to be raised as  it deems necessary for the purpose of the  construction,  reconstruction  or  repairs,  and for such other purposes for bridges as are required by  law, under the direction and supervision of the  county  superintendent.  It  shall  be  the  duty  of  the  county  treasurer to pay for any such  emergency work from said money upon the submission to him of an itemized  statement of all such expenditures connected therewith upon the order of  the county superintendent.    In case of an emergency if the appropriation for  bridge  purposes  is  exhausted  or  insufficient  the  county  treasurer  may  pay  from  any  unobligated balance in the county road fund and the board of supervisors  shall, at its first subsequent meeting, appropriate a sufficient  amount  to  reimburse  the  county  road  fund for money so expended. The county  treasurer shall report the receipts and expenditures  pursuant  to  this  section  at  the same time and in the same manner that he is required to  do by the provisions of article six of the  highway  law.  Such  account  shall  be  subject  to  audit  by  the  board  of supervisors and may be  examined by the state comptroller at any time.    7. If a bridge having a span of twenty-five  feet  or  more  has  been  taken   over  by  the  county  on  the  official  order  of  the  county  superintendent of highways and posted by the town superintendent as safe  for restricted use, it shall be the  responsibility  of  the  county  to  maintain the structure in a proper condition of repair for safe usage by  the public in accordance with the posted limits of loads and speeds.    8.  Any bridge having a span of less than twenty-five feet as provided  in this section shall be maintained at the expense of the town in  which  such  bridge is located. Any bridge having a span of twenty-five feet or  more built in accordance with the provisions of this section and located  upon a county road shall be maintained  by  the  county  in  which  such  bridge  is  located.  All  other  bridges built by the county under this  section shall be maintained by the county excepting that  the  floor  or  wearing  surface  of  such  bridges  shall be maintained by the towns in  which they are located.    9. If a bridge having a span less than twenty-five feet is located  in  more than one town, the procedure in this section shall apply equally to  such towns and town superintendents affected.    If  a  bridge  having a span of twenty-five feet or more is located in  more than one county, the procedure in this section shall apply  equally  to such counties and county superintendents.    Such  portions  of the highway law relating to bridges located in more  than one town or more than one county shall apply in so far as the  same  is not inconsistent with other provisions of this section.    For  the  purposes  of  this  section,  a  bridge  having  a  span  of  twenty-five feet or more shall be considered  a  structure  wherein  thehorizontal  distance  from  face to face of abutments at the bridge seat  elevation is not less than twenty-five feet.    10. Upon the recommendation of the county superintendent, the board of  supervisors may, at any time, by resolution, take over any bridge having  a  span  of  twenty-five  feet or over which is on a town highway or any  town bridge over twenty-five feet long located  within  an  incorporated  village,  although  such  bridge  may  not  have been condemned, for the  purpose of maintaining and preserving the same under the supervision  of  the  county  superintendent.  Upon the adoption of such a resolution the  clerk of the board of supervisors shall mail a  certified  copy  of  the  resolution  to  the  county superintendent, the county treasurer and the  supervisor of the town within which such bridge is located,  which  copy  shall  be  filed by each of said officers in his office. Such resolution  shall also appropriate and make immediately available to  the  order  of  the  county  superintendent from county funds, such sum as may be deemed  necessary for the preservation or maintenance of such  bridges,  and  it  shall  be  the  duty of the board of supervisors to appropriate and make  available to the order of the county superintendent from  time  to  time  from county funds such sums as may become necessary for the preservation  and  maintenance  of  such  bridges. Any bridge taken over by the county  pursuant to this section shall be under the direct  supervision  of  the  county superintendent of highways and if a bridge is a draw-bridge or of  a  nature  that  requires the services of an operator or attendant, such  operator or attendant shall be employed by the county superintendent  of  highways  and  paid out of county funds appropriated for the maintenance  of bridges.    11. (a) Upon the recommendation of the county superintendent that  any  bridge  having  a span of twenty-five feet or over, which is on a county  road or a town highway, has become useless and  not  necessary  for  the  public convenience and welfare, the board of supervisors, to promote the  interests  of the county, upon a resolution adopted by a majority of the  members of such board, may authorize,  empower  and  direct  the  county  superintendent  acting for and in behalf of such board, to make an order  abandoning any such bridge, provided, however,  that  such  order  shall  become  effective  if  and when he shall have obtained a written release  from all damages from the owners of the land adjacent to the section  of  the   highway   upon  which  such  bridge  is  located  between  lateral  intersecting highways affected thereby. Such  release  shall  contain  a  provision  that  it  shall forever be binding upon and in full force and  effect against the owner, his lessees,  grantees,  assigns,  successors,  heirs  and devisees and such release shall, when recorded and indexed as  hereinafter prescribed, be  so  binding.  Said  release  shall  be  duly  acknowledged  in  the  manner  to  entitle a conveyance transferring any  estate in real property to be recorded and  it  shall  be  recorded  and  indexed  in  the county clerk's office in which the lands described in a  release are located as a conveyance under the real property law.    (b) The county superintendent, with the approval of  the  chairman  of  the board of supervisors and the county judge, may agree with such owner  or  owners upon the amount of consideration for such releases in a gross  sum not to  exceed  five  thousand  dollars.  An  order  of  the  county  superintendent as herein provided shall be final. The amount agreed upon  to  be paid to such owners for such releases and the cost of the removal  of such useless bridge and/or the cost for the erection of  obstructions  or  barricades  shall  be  a  county charge and may by resolution of the  board of supervisors be paid from any funds of the county  that  may  be  legally  used  for  such  purpose or may be raised, in whole or in part,  pursuant to the local finance law. Whenever the money  to  be  paid  for  such  releases  is  available the county treasurer shall pay to the saidowners executing said releases the amounts agreed upon  to  be  paid  to  them   for   said   releases   upon   the   requisition  of  the  county  superintendent.    (c)  It shall be the duty of the county superintendent upon the making  of an order of abandonment to file the same in the office of  the  clerk  of  the board of supervisors and to file copies thereof certified by the  clerk of the board of supervisors in the town clerk's office of the town  or towns in which such useless bridge or part thereof is  situated,  and  he  shall send two such certified copies of said order to the department  of transportation. Upon the filing of said order it shall be the duty of  the county superintendent to erect  at  and  across  each  end  of  such  useless  bridge a suitable substantial barricade or obstruction to close  such bridge and for the prevention of further use  thereof  and  passage  thereon or thereto and there shall be installed suitable signs, the type  and  manner  of  placement  of which shall conform to the New York State  manual of uniform traffic control devices. If such bridge is taken down,  the county superintendent shall place like obstructions or barricades at  the ends of the portions of the highway at the places where the  highway  joined  such bridge. The county superintendent shall also erect suitable  signs at lateral intersecting highways which in his judgment afford most  convenient detours to another bridge  or  bridges  to  be  used  by  the  traveling  public  instead  of  such  abandoned bridge. The cost of such  signs, their erection and maintenance shall be paid for  in  the  manner  provided   for  the  payment  of  the  barricades  and  obstructions  as  aforesaid.    12. Upon the written recommendation of the county superintendent  that  any  bridge  having  a  span  of twenty-five feet or over, which is on a  county road or town highway, has become useless and  not  necessary  for  the  public  convenience  and  welfare, the board of supervisors, upon a  finding by resolution of the town board as to any such bridge on a  town  highway, or upon a finding by resolution of such board of supervisors as  to  any  such  bridge  on a county road, to promote the interests of the  county, may, upon a resolution adopted by a majority of the  members  of  such  board,  order and direct the county superintendent to abandon such  bridge on a county road or town highway and to erect suitable barricades  for closing such bridge and also signs in relation to  such  abandonment  as  are  prescribed  for the abandonment of a useless bridge in the last  above preceding subdivision of this section.    The clerk  of  the  board  of  supervisors  shall  forthwith  serve  a  certified  copy  of  such  resolution  on  the county superintendent and  thereupon the county superintendent shall make, in duplicate, a  written  order  of  abandonment of such bridge and file one of them in his office  and one of them in the office of the clerk of the board of  supervisors,  who  shall  forthwith  make and certify copies of such resolution and of  such order and file the same in the town clerk's office of the  town  or  towns  in  which  said  useless  bridge  is  situated and shall mail two  certified copies of such resolution and  of  such  order  to  the  state  department  of transportation. Upon the county superintendent making and  filing such order of abandonment, he  shall  forthwith  permanently  and  substantially barricade such bridge to public highway uses and purposes,  or  remove  the  bridge  and  build sufficient permanent and substantial  barricades across the road or highway at the points where  entrance  was  made upon the bridge, and the cost and expense thereof shall be a county  charge,  to be paid by the county treasurer upon the order of the county  superintendent.    If the board of supervisors or the county superintendent, for  and  in  behalf  of the board, is unable to obtain releases from all damages, not  exceeding the amounts prescribed in the last  preceding  subdivision  ofthis  section,  from  owners  of the land adjacent to the section of the  road or highway upon which  such  abandoned  bridge  is  located,  lying  between  such  bridge and intersecting roads or highways, such owners of  lands shall be entitled to recover from the county the damages resulting  from  the  abandonment  of  such bridge. Any such owner claiming damages  from such abandonment of such bridge may, within ninety days after  such  bridge has been barricaded against or removed from the public use, apply  to  the  supreme  court  at  a  special  term  thereof to be held in the  judicial district in which the county is located for the appointment  of  three  commissioners of appraisal to determine and assess the damages to  which he is entitled to be paid by the  county.  Notice  of  application  must  be  served  upon the chairman of the board of supervisors at least  ten days before the hearing  thereof.  The  commissioners  of  appraisal  shall  be  taxpayers  of such county but shall not reside in the town in  which  such  abandoned  bridge  is  or  was  situated.  All  proceedings  subsequent  to  the  appointment  of commissioners of appraisal shall be  taken in accordance with the provisions of the condemnation law  so  far  as  applicable.  The  commissioners  of  appraisal,  appointed as herein  provided, for each day  necessarily  employed  as  such  shall  each  be  entitled to fifteen dollars and his necessary expenses, which shall be a  county  charge  to be audited by the board of supervisors or a committee  thereof and paid by the county treasurer upon the order of the board  by  its chairman.    If  such bridge is over the county boundary line between two counties,  the aforesaid abandonment proceedings, steps and measures may  be  taken  in,  for  and  by  the  respective  counties for the abandonment of such  useless bridge, and the cost and expense thereof shall be at  the  joint  cost  and expense of such counties, excepting, however, that each county  shall severally pay the cost of obtaining releases for  damages  or  the  damages  determined  and  assessed  by the commissioners of appraisal in  connection with the lands in each county affected as herein specified.    12-a. Upon the recommendation of the county  superintendent  that  any  bridge  having  a  span  of  twenty-five feet or over which is on a town  highway outside of a city, and which is not on the improved state system  of highways, or any such bridge which is under the  supervision  of  the  town superintendent of highways, located within an incorporated village,  and  which  has  been condemned by the county superintendent of highways  under the provisions of subdivisions one and two of  this  section,  and  which  has not been taken over by the county under the official order of  the county superintendent of highways pursuant  to  subdivision  six  of  this  section,  has  become  useless  and  not  necessary for the public  convenience and welfare,  the  board  of  supervisors,  to  promote  the  interest  of  the county may, upon a resolution adopted by a majority of  the members of such board, order and direct the county superintendent to  abandon such bridge on a town highway or any such bridge which is  under  the supervision of the town superintendent of highways located within an  incorporated  village, and to erect suitable barricades for closing such  bridge,  and  also  signs  in  relation  to  such  abandonment,  as  are  prescribed for the abandonment of a useless bridge in subdivision eleven  above.    The  clerk  of  the  board  of  supervisors  shall  forthwith  serve a  certified copy of such  resolution  on  the  county  superintendent  and  thereupon  the county superintendent shall make, in duplicate, a written  order of abandonment of such bridge pursuant to the provisions  of  this  subdivision  and  file  one of them in his office and one of them in the  office of the clerk of the board of  supervisors,  who  shall  forthwith  make  and  certify  copies of such resolution and of such order and file  the same in the town clerk's office of the town or towns in  which  saiduseless  bridge  is situated and shall mail two certified copies of such  resolution and of such order to the state department of  transportation.  Upon   the  county  superintendent  making  and  filing  such  order  of  abandonment,  he shall forthwith permanently and substantially barricade  such bridge to public highway uses and purposes, or  remove  the  bridge  and build sufficient permanent or substantial barricades across the road  or  highway  at  the points where entrance was made upon the bridge, and  the cost and expense thereof shall be a county charge, to be paid by the  county treasurer, upon the order of the county superintendent.    If the board of supervisors or the county superintendent, for  and  in  behalf  of  the  board is unable to obtain releases from all damages not  exceeding the amounts prescribed in subdivision eleven of this  section,  from  owners  of the land adjacent to the section of the road or highway  upon which such abandoned bridge is located, lying between  such  bridge  and  intersecting  roads  or  highways,  such  owners  of lands shall be  entitled to recover from the  county  the  damages  resulting  from  the  abandonment  of  such  bridge. Any such owner claiming damages from such  abandonment of such bridge may, within ninety days after the  filing  of  the  order  of  abandonment  authorized by this subdivision in such town  clerk's office, apply to the supreme court at a special term thereof, to  be held in the judicial district in which the county is located, for the  appointment of three commissioners of appraisal to determine and  assess  the  damages to which he is entitled to be paid by the county. Notice of  application must be served upon the chairman of the board of supervisors  at least ten days before the hearing thereof.    If, within said period of ninety days such owner does not so apply  to  the  supreme  court for the appointment of commissioners of appraisal to  assess said damages, then the board of supervisors may so apply  to  the  supreme  court  at  a  special  term thereof, to be held in the judicial  district in which the county is located, for the  appointment  of  three  commissioners  of appraisal to determine and assess the damages to which  said owner or owners are entitled to be paid by the  county.  Notice  of  such  appointment  must be served upon said owner or owners at least ten  days before the hearing thereof.    The commissioners of appraisal shall be taxpayers of such county,  but  shall  not  reside  in the town in which such abandoned bridge is or was  situated. All proceedings subsequent to the appointment of commissioners  of appraisal shall be taken in accordance with  the  provisions  of  the  condemnation  law, so far as applicable. The commissioners of appraisal,  appointed as herein provided, for each day necessarily employed as such,  shall be entitled to fifteen dollars and his necessary  expenses,  which  shall  be a county charge, to be audited by the board of supervisors and  paid by the county treasurer after audit thereof.    13. Notwithstanding the provisions in this  section  or  elsewhere  in  this chapter, the board of supervisors of Genesee county, Wyoming county  and/or  Sullivan  county, at any time, upon recommendation of the county  superintendent, may take over any bridge having a span of five  feet  or  over  which  is on a town highway or any town bridge over five feet long  located within a  village,  although  such  bridge  may  not  have  been  condemned,  for the purpose of maintaining and preserving the same under  the supervision of the county superintendent. Upon the adoption of  such  resolution,  the procedure thereafter shall conform to the provisions of  this section relating to bridges on town highways and  town  bridges  in  villages having a span of twenty-five feet or over and the bridges taken  over as herein provided thereafter shall be under the direct supervision  of  the  county  superintendent  of highways and the cost of maintenance  thereof shall be paid from county funds appropriated for the maintenance  of bridges.14.  Notwithstanding  any  other  provision  of  law,  a  county   may  contribute  funds  to  a  city,  town or village towards its fifteen per  centum share of the cost of reconstructing a railroad bridge as required  by subdivision three of section ninety-four of the railroad law  whether  or  not  the  road,  of  which  the  bridge  is  a  part,  is  under the  jurisdiction of a city, village, town or county and  regardless  of  who  performs the work.    15.  In  the  county  of  Washington,  the  provisions of this section  otherwise applicable to bridges having a span  of  twenty-five  feet  or  more shall apply to bridges having a span of twenty feet or more.    16.  In  the  county  of  Delaware,  the  provisions  of  this section  otherwise applicable to bridges having a span  of  twenty-five  feet  or  more shall apply to bridges having a span of twenty feet or more and the  deck  or  wearing surface of such bridges shall be the responsibility of  such county.    17.  Notwithstanding  any  other  provision  of  law,  the  board   of  supervisors  of  Saratoga  county, upon the recommendation of the county  superintendent, may, at any time, by resolution, take  over  any  bridge  having  a span of twenty-five feet or over which is on a village highway  or any village bridge, over twenty-five  feet  long  located  within  an  incorporated  village, although such bridge may not have been condemned,  for the purpose  of  maintaining  and  preserving  the  same  under  the  supervision  of  the  county superintendent. Upon the adoption of such a  resolution the clerk of the board of supervisors shall mail a  certified  copy  of  the  resolution  to  the  county  superintendent,  the  county  treasurer and the mayor of the  village  within  which  such  bridge  is  located,  which  copy  shall  be  filed  by each of said officers in his  office.    Such resolution shall also appropriate and make immediately  available  to the order of the county superintendent from county funds, such sum as  may  be  deemed  necessary  for  the preservation or maintenance of such  bridges, and it shall be  the  duty  of  the  board  of  supervisors  to  appropriate and make available to the order of the county superintendent  from  time  to  time from county funds such sums as may become necessary  for the preservation and maintenance of such bridges. Any  bridge  taken  over  by  the  county pursuant to this section shall be under the direct  supervision of the county superintendent of highways and if a bridge  is  a  draw-bridge  or of a nature that requires the services of an operator  or attendant, such operator or attendant shall be employed by the county  superintendent of highways and paid out of county funds appropriated for  the maintenance of bridges.

State Codes and Statutes

Statutes > New-york > Hay > Article-9 > 234

§  234.  Public  authority,  public  benefit  corporation, commission,  county, town, city or village bridges. 1.  a.  All  public  authorities,  public  benefit  corporations,  commissions,  county  superintendents of  highways, town superintendents of highways, and  legislative  bodies  of  cities  and villages shall cause an inspection to be made of each bridge  under their respective jurisdictions. Such inspection shall be made on a  frequency and shall be  conducted  under  standards  prescribed  by  the  commissioner  pursuant  to  rules  and regulations adopted in accordance  with this article. Upon the request of the appropriate public authority,  public benefit corporation, commission, county  highway  superintendent,  town highway superintendent or appropriate city or village official, the  department   may   make  such  inspection.  If  the  appropriate  public  authority,    public    benefit    corporation,    commission,    county  superintendent,  town  superintendent  or  appropriate  city  or village  official does not  request  such  an  inspection  and  the  commissioner  determines  after  suitable  investigation  that  the appropriate public  authority,    public    benefit    corporation,    commission,    county  superintendent, town superintendent, or city or village official has not  complied  with  the  rules  and regulations of the department adopted in  accordance with this article for the inspection of  bridges,  and  after  due  notice,  the  commissioner  shall cause such inspection to be made.  After such inspection the bridge shall have the same status with respect  to maintenance and liability as it had prior to inspection.    b. The cost of  the  inspection  of  any  bridge  owned  by  a  public  authority or a public benefit corporation shall be the responsibility of  such  public  authority  or  public  benefit corporation. If such public  authority  or  public  benefit  corporation  fails  to   reimburse   the  department  for  such reasonable and necessary costs after due notice as  provided by rules and regulations, the commissioner is hereby authorized  and empowered to commence an action in a court of competent jurisdiction  to collect any money owed by such public  authority  or  public  benefit  corporation for such inspections.    c.  Once  the  department has conducted an inspection of any bridge it  shall continue to make subsequent inspections of such bridge as  may  be  required;  however,  if the appropriate public authority, public benefit  corporation, commission, county superintendent, town  superintendent  or  appropriate city or village official notifies the commissioner that such  public  authority,  public  benefit  corporation,  commission,  or local  jurisdiction desires henceforth to make such inspection and demonstrates  to the commissioner that it has the means to do so  in  accordance  with  the  provisions  of  this  article and the rules and regulations adopted  pursuant thereto,  the  appropriate  public  authority,  public  benefit  corporation,  commission, county superintendent, town superintendent, or  city  or  village  official  shall  reassume  responsibility  for   such  inspection.    2. a. If the result of an inspection indicates that a bridge is unsafe  for  public  use  and travel with legal weights, or if posted, with such  posted  weights,  the  appropriate  public  authority,  public   benefit  corporation,  commission,  county superintendent, town superintendent or  city or village official shall close it to all traffic and shall  notify  the  department  of  that fact. The appropriate public authority, public  benefit   corporation,   commission,   county    superintendent,    town  superintendent  or  city or village official shall thereupon cause to be  posted conspicuous notices on such bridge and  also  on  the  approaches  thereto to the effect that the bridge is closed to all traffic and shall  at  the  same  time  cause to be erected suitable barricades for closing  such bridge, including the necessary lights which shall  be  visible  to  any  one  approaching  such barricades from one hour after sunset to onehour before sunrise. Neither the county  nor  the  town  nor  any  other  public  entity  shall be responsible for any damages which may result to  any person entering on or traveling over such bridge after  the  posting  of such notices and the erection of such barricades.    b.  If  the  appropriate public authority, public benefit corporation,  commission, county, town, city or village fails to close such a  bridge,  the  department is hereby authorized and directed to close and barricade  such bridge in accordance with the provisions of this article and  rules  and  regulations  adopted  pursuant  thereto,  and  any  reasonable  and  necessary costs incurred by the department shall be  the  responsibility  of  and  paid  for  by  the appropriate public authority, public benefit  corporation, commission, or  municipality.  If  such  public  authority,  public   benefit   corporation,  commission  or  municipality  fails  to  reimburse the department or division for such costs after due notice  as  provided  by  rule  and  regulation,  the  commissioner is authorized to  pursue all available remedies including but not limited to commencing an  action in a court of competent jurisdiction to collect  any  such  money  owed  by  a  public authority, public benefit corporation, commission or  municipality.    3. a. If a bridge is found to require a load capacity  evaluation,  it  shall  be the responsibility of the appropriate public authority, public  benefit corporation, commission,  county  highway  superintendent,  town  highway  superintendent  or  city  or  village official to determine the  total safe load which may be permitted to pass over such bridge and such  public entity or  the  appropriate  public  official  shall  notify  the  department  of such determination. Such load capacity evaluation must be  performed by a licensed professional engineer.  No  person  shall  drive  animals or operate a vehicle or combination of vehicles on or across any  such  bridge  the total weight of which, on said bridge at any one time,  shall exceed the total safe load as sign posted. It shall  thereupon  be  the   duty   of   the   appropriate  public  authority,  public  benefit  corporation, commission, county  highway  superintendent,  town  highway  superintendent  or  city or village official, with respect to structures  under their respective jurisdictions, to post signs to inform persons of  the safe load permitted on such bridge. The type and manner of placement  of such signs shall conform to the  manual  and  specifications  of  the  department.  Neither  the  state  nor  any  other public entity shall be  responsible for any damages which may result to vehicles or animals of a  greater weight upon such bridge than that indicated on the signs.    b. If the appropriate public authority,  public  benefit  corporation,  commission,  county,  town,  city or village fails to determine the safe  load capacity and, if appropriate, post the total safe load which may be  permitted to pass over a bridge within sixty days of being notified that  a load capacity evaluation is required, the commissioner may, close  the  bridge  in  accordance with the provisions of this article and the rules  and  regulations  adopted  pursuant  thereto  and  any  reasonable   and  necessary  costs  incurred by the department shall be the responsibility  of and paid for by the  appropriate  public  authority,  public  benefit  corporation,  commission  or  municipality.  If  such  public authority,  public  benefit  corporation,  commission  or  municipality   fails   to  reimburse  the department or division for such costs after due notice as  provided by rule and  regulation,  the  commissioner  is  authorized  to  pursue all available remedies including but not limited to commencing an  action  in  a  court of competent jurisdiction to collect any such money  owed by a public authority, public benefit  corporation,  commission  or  municipality.    4.  If a bridge having a span less than twenty-five feet is condemned,  the county superintendent shall  without  delay  cause  to  be  preparedplans,  specifications  and  estimates  for  the  repair,  alteration or  reconstruction  of  such  bridge  and  approaches  thereto  or  for  the  construction of a bridge and approaches thereto on new location.    The  cost  of  preparing  such plans, specifications and estimates, if  any, may be paid by the treasurer of the county  on  the  order  of  the  county  superintendent,  together  with  an  itemized  statement of such  costs, from any money of the county appropriated for the construction of  bridges. On or before the thirty-first day of October in each  year  the  county  treasurer  shall  report  the amount of such expenditures to the  town superintendent of highways of the town in which  such  bridges  are  located  and  the  amount  thereof  shall be included in the estimate of  expenditures for highways and bridges required to  be  prepared  by  the  town  superintendent  of  highways  and  shall thereafter be paid by the  supervisor upon  a  voucher  approved  by  the  town  superintendent  of  highways  after  audit  in  the same manner as other charges against the  town to the county treasurer from taxes levied and  collected  for  that  purpose.    5.  If  a  bridge  having  a  span less than twenty-five feet has been  inspected  by  the  county  superintendent  and  posted  by   the   town  superintendent   as   safe   for   restricted   use,  it  shall  be  the  responsibility of the  town  to  maintain  the  structure  in  a  proper  condition  of repair for safe usage by the public in accordance with the  posted limits of loads and speed.    6. Any bridge having a span of twenty-five feet  or  more,  which  has  been  inspected  by  the county superintendent of highways, may be taken  over by the county under official order of the county superintendent  of  highways.  Otherwise  its status shall remain the same as bridges having  less  than  twenty-five  feet  span.  If  a  bridge  having  a  span  of  twenty-five  feet  or  more  has  been  taken  over  by the county under  official  order,  it  shall  be  repaired,  altered,  reconstructed   or  constructed   on   new  location  under  the  direction  of  the  county  superintendent of highways. Upon the issuing of such official order  the  county  superintendent  shall  without delay cause to be prepared plans,  specifications   and   estimates   for   the   repair,   alteration   or  reconstruction of such bridge or for the construction of a bridge on new  location  and it shall be the duty of the board of supervisors forthwith  to undertake such repair,  alteration,  reconstruction  or  construction  work.  The  county  in  which  such bridge having been taken over by the  county superintendent of highways is located shall pay the cost of  such  repair,  alteration,  construction  or  reconstruction  and the board of  supervisors of such county is hereby authorized  to  provide  funds  for  such  purposes  in  accordance  with  the  provisions of the highway law  relating to the raising of moneys for the  construction,  reconstruction  or repair of county roads and town highways.    Payment  of  such construction, reconstruction or maintenance shall be  made as follows:    Where the construction,  reconstruction  or  maintenance  is  done  by  contract, from time to time as the work proceeds, and in accordance with  rules  to  be  established  by  the  commissioner of transportation, the  county superintendent of highways shall prepare a  voucher  showing  the  value of the work completed and a verified certificate showing that such  work  was  done  in  accordance  with the plans and specifications. Such  voucher and certificate shall be filed with the county treasurer. In the  event that the work was done by county forces, a similar voucher for the  work done, including material furnished, and a similar certificate shall  be filed with the  county  treasurer.  The  county  treasurer,  on  such  voucher  shall,  in  cases where the work has been done by contract, pay  out of the money provided an amount not exceeding ninety per centum,  orin  a  case  where the bond is dispensed with, eighty per centum, of the  contract price of such completed work; and where the work has been  done  by  county forces shall pay the full amount of such voucher. The balance  of  the  contract  price  shall be paid after the completion of the work  when the same has been  accepted  by  the  county  superintendent  by  a  certificate and voucher filed in the office of the county treasurer.    The  county superintendent may, pending the preparation of said plans,  specifications and estimates and pending the performance of the duty  of  the  board  of  supervisors  as  above  prescribed,  and  subject to the  monetary limitations as  hereinafter  set  forth,  make  such  emergency  repairs  to  such  bridges  or build temporary structures thereat, as he  deems necessary without the approval and the adoption of a resolution by  the board of supervisors previous to the performance of such  work;  and  the  board  of supervisors may cause such a sum of money to be raised as  it deems necessary for the purpose of the  construction,  reconstruction  or  repairs,  and for such other purposes for bridges as are required by  law, under the direction and supervision of the  county  superintendent.  It  shall  be  the  duty  of  the  county  treasurer to pay for any such  emergency work from said money upon the submission to him of an itemized  statement of all such expenditures connected therewith upon the order of  the county superintendent.    In case of an emergency if the appropriation for  bridge  purposes  is  exhausted  or  insufficient  the  county  treasurer  may  pay  from  any  unobligated balance in the county road fund and the board of supervisors  shall, at its first subsequent meeting, appropriate a sufficient  amount  to  reimburse  the  county  road  fund for money so expended. The county  treasurer shall report the receipts and expenditures  pursuant  to  this  section  at  the same time and in the same manner that he is required to  do by the provisions of article six of the  highway  law.  Such  account  shall  be  subject  to  audit  by  the  board  of supervisors and may be  examined by the state comptroller at any time.    7. If a bridge having a span of twenty-five  feet  or  more  has  been  taken   over  by  the  county  on  the  official  order  of  the  county  superintendent of highways and posted by the town superintendent as safe  for restricted use, it shall be the  responsibility  of  the  county  to  maintain the structure in a proper condition of repair for safe usage by  the public in accordance with the posted limits of loads and speeds.    8.  Any bridge having a span of less than twenty-five feet as provided  in this section shall be maintained at the expense of the town in  which  such  bridge is located. Any bridge having a span of twenty-five feet or  more built in accordance with the provisions of this section and located  upon a county road shall be maintained  by  the  county  in  which  such  bridge  is  located.  All  other  bridges built by the county under this  section shall be maintained by the county excepting that  the  floor  or  wearing  surface  of  such  bridges  shall be maintained by the towns in  which they are located.    9. If a bridge having a span less than twenty-five feet is located  in  more than one town, the procedure in this section shall apply equally to  such towns and town superintendents affected.    If  a  bridge  having a span of twenty-five feet or more is located in  more than one county, the procedure in this section shall apply  equally  to such counties and county superintendents.    Such  portions  of the highway law relating to bridges located in more  than one town or more than one county shall apply in so far as the  same  is not inconsistent with other provisions of this section.    For  the  purposes  of  this  section,  a  bridge  having  a  span  of  twenty-five feet or more shall be considered  a  structure  wherein  thehorizontal  distance  from  face to face of abutments at the bridge seat  elevation is not less than twenty-five feet.    10. Upon the recommendation of the county superintendent, the board of  supervisors may, at any time, by resolution, take over any bridge having  a  span  of  twenty-five  feet or over which is on a town highway or any  town bridge over twenty-five feet long located  within  an  incorporated  village,  although  such  bridge  may  not  have been condemned, for the  purpose of maintaining and preserving the same under the supervision  of  the  county  superintendent.  Upon the adoption of such a resolution the  clerk of the board of supervisors shall mail a  certified  copy  of  the  resolution  to  the  county superintendent, the county treasurer and the  supervisor of the town within which such bridge is located,  which  copy  shall  be  filed by each of said officers in his office. Such resolution  shall also appropriate and make immediately available to  the  order  of  the  county  superintendent from county funds, such sum as may be deemed  necessary for the preservation or maintenance of such  bridges,  and  it  shall  be  the  duty of the board of supervisors to appropriate and make  available to the order of the county superintendent from  time  to  time  from county funds such sums as may become necessary for the preservation  and  maintenance  of  such  bridges. Any bridge taken over by the county  pursuant to this section shall be under the direct  supervision  of  the  county superintendent of highways and if a bridge is a draw-bridge or of  a  nature  that  requires the services of an operator or attendant, such  operator or attendant shall be employed by the county superintendent  of  highways  and  paid out of county funds appropriated for the maintenance  of bridges.    11. (a) Upon the recommendation of the county superintendent that  any  bridge  having  a span of twenty-five feet or over, which is on a county  road or a town highway, has become useless and  not  necessary  for  the  public convenience and welfare, the board of supervisors, to promote the  interests  of the county, upon a resolution adopted by a majority of the  members of such board, may authorize,  empower  and  direct  the  county  superintendent  acting for and in behalf of such board, to make an order  abandoning any such bridge, provided, however,  that  such  order  shall  become  effective  if  and when he shall have obtained a written release  from all damages from the owners of the land adjacent to the section  of  the   highway   upon  which  such  bridge  is  located  between  lateral  intersecting highways affected thereby. Such  release  shall  contain  a  provision  that  it  shall forever be binding upon and in full force and  effect against the owner, his lessees,  grantees,  assigns,  successors,  heirs  and devisees and such release shall, when recorded and indexed as  hereinafter prescribed, be  so  binding.  Said  release  shall  be  duly  acknowledged  in  the  manner  to  entitle a conveyance transferring any  estate in real property to be recorded and  it  shall  be  recorded  and  indexed  in  the county clerk's office in which the lands described in a  release are located as a conveyance under the real property law.    (b) The county superintendent, with the approval of  the  chairman  of  the board of supervisors and the county judge, may agree with such owner  or  owners upon the amount of consideration for such releases in a gross  sum not to  exceed  five  thousand  dollars.  An  order  of  the  county  superintendent as herein provided shall be final. The amount agreed upon  to  be paid to such owners for such releases and the cost of the removal  of such useless bridge and/or the cost for the erection of  obstructions  or  barricades  shall  be  a  county charge and may by resolution of the  board of supervisors be paid from any funds of the county  that  may  be  legally  used  for  such  purpose or may be raised, in whole or in part,  pursuant to the local finance law. Whenever the money  to  be  paid  for  such  releases  is  available the county treasurer shall pay to the saidowners executing said releases the amounts agreed upon  to  be  paid  to  them   for   said   releases   upon   the   requisition  of  the  county  superintendent.    (c)  It shall be the duty of the county superintendent upon the making  of an order of abandonment to file the same in the office of  the  clerk  of  the board of supervisors and to file copies thereof certified by the  clerk of the board of supervisors in the town clerk's office of the town  or towns in which such useless bridge or part thereof is  situated,  and  he  shall send two such certified copies of said order to the department  of transportation. Upon the filing of said order it shall be the duty of  the county superintendent to erect  at  and  across  each  end  of  such  useless  bridge a suitable substantial barricade or obstruction to close  such bridge and for the prevention of further use  thereof  and  passage  thereon or thereto and there shall be installed suitable signs, the type  and  manner  of  placement  of which shall conform to the New York State  manual of uniform traffic control devices. If such bridge is taken down,  the county superintendent shall place like obstructions or barricades at  the ends of the portions of the highway at the places where the  highway  joined  such bridge. The county superintendent shall also erect suitable  signs at lateral intersecting highways which in his judgment afford most  convenient detours to another bridge  or  bridges  to  be  used  by  the  traveling  public  instead  of  such  abandoned bridge. The cost of such  signs, their erection and maintenance shall be paid for  in  the  manner  provided   for  the  payment  of  the  barricades  and  obstructions  as  aforesaid.    12. Upon the written recommendation of the county superintendent  that  any  bridge  having  a  span  of twenty-five feet or over, which is on a  county road or town highway, has become useless and  not  necessary  for  the  public  convenience  and  welfare, the board of supervisors, upon a  finding by resolution of the town board as to any such bridge on a  town  highway, or upon a finding by resolution of such board of supervisors as  to  any  such  bridge  on a county road, to promote the interests of the  county, may, upon a resolution adopted by a majority of the  members  of  such  board,  order and direct the county superintendent to abandon such  bridge on a county road or town highway and to erect suitable barricades  for closing such bridge and also signs in relation to  such  abandonment  as  are  prescribed  for the abandonment of a useless bridge in the last  above preceding subdivision of this section.    The clerk  of  the  board  of  supervisors  shall  forthwith  serve  a  certified  copy  of  such  resolution  on  the county superintendent and  thereupon the county superintendent shall make, in duplicate, a  written  order  of  abandonment of such bridge and file one of them in his office  and one of them in the office of the clerk of the board of  supervisors,  who  shall  forthwith  make and certify copies of such resolution and of  such order and file the same in the town clerk's office of the  town  or  towns  in  which  said  useless  bridge  is  situated and shall mail two  certified copies of such resolution and  of  such  order  to  the  state  department  of transportation. Upon the county superintendent making and  filing such order of abandonment, he  shall  forthwith  permanently  and  substantially barricade such bridge to public highway uses and purposes,  or  remove  the  bridge  and  build sufficient permanent and substantial  barricades across the road or highway at the points where  entrance  was  made upon the bridge, and the cost and expense thereof shall be a county  charge,  to be paid by the county treasurer upon the order of the county  superintendent.    If the board of supervisors or the county superintendent, for  and  in  behalf  of the board, is unable to obtain releases from all damages, not  exceeding the amounts prescribed in the last  preceding  subdivision  ofthis  section,  from  owners  of the land adjacent to the section of the  road or highway upon which  such  abandoned  bridge  is  located,  lying  between  such  bridge and intersecting roads or highways, such owners of  lands shall be entitled to recover from the county the damages resulting  from  the  abandonment  of  such bridge. Any such owner claiming damages  from such abandonment of such bridge may, within ninety days after  such  bridge has been barricaded against or removed from the public use, apply  to  the  supreme  court  at  a  special  term  thereof to be held in the  judicial district in which the county is located for the appointment  of  three  commissioners of appraisal to determine and assess the damages to  which he is entitled to be paid by the  county.  Notice  of  application  must  be  served  upon the chairman of the board of supervisors at least  ten days before the hearing  thereof.  The  commissioners  of  appraisal  shall  be  taxpayers  of such county but shall not reside in the town in  which  such  abandoned  bridge  is  or  was  situated.  All  proceedings  subsequent  to  the  appointment  of commissioners of appraisal shall be  taken in accordance with the provisions of the condemnation law  so  far  as  applicable.  The  commissioners  of  appraisal,  appointed as herein  provided, for each day  necessarily  employed  as  such  shall  each  be  entitled to fifteen dollars and his necessary expenses, which shall be a  county  charge  to be audited by the board of supervisors or a committee  thereof and paid by the county treasurer upon the order of the board  by  its chairman.    If  such bridge is over the county boundary line between two counties,  the aforesaid abandonment proceedings, steps and measures may  be  taken  in,  for  and  by  the  respective  counties for the abandonment of such  useless bridge, and the cost and expense thereof shall be at  the  joint  cost  and expense of such counties, excepting, however, that each county  shall severally pay the cost of obtaining releases for  damages  or  the  damages  determined  and  assessed  by the commissioners of appraisal in  connection with the lands in each county affected as herein specified.    12-a. Upon the recommendation of the county  superintendent  that  any  bridge  having  a  span  of  twenty-five feet or over which is on a town  highway outside of a city, and which is not on the improved state system  of highways, or any such bridge which is under the  supervision  of  the  town superintendent of highways, located within an incorporated village,  and  which  has  been condemned by the county superintendent of highways  under the provisions of subdivisions one and two of  this  section,  and  which  has not been taken over by the county under the official order of  the county superintendent of highways pursuant  to  subdivision  six  of  this  section,  has  become  useless  and  not  necessary for the public  convenience and welfare,  the  board  of  supervisors,  to  promote  the  interest  of  the county may, upon a resolution adopted by a majority of  the members of such board, order and direct the county superintendent to  abandon such bridge on a town highway or any such bridge which is  under  the supervision of the town superintendent of highways located within an  incorporated  village, and to erect suitable barricades for closing such  bridge,  and  also  signs  in  relation  to  such  abandonment,  as  are  prescribed for the abandonment of a useless bridge in subdivision eleven  above.    The  clerk  of  the  board  of  supervisors  shall  forthwith  serve a  certified copy of such  resolution  on  the  county  superintendent  and  thereupon  the county superintendent shall make, in duplicate, a written  order of abandonment of such bridge pursuant to the provisions  of  this  subdivision  and  file  one of them in his office and one of them in the  office of the clerk of the board of  supervisors,  who  shall  forthwith  make  and  certify  copies of such resolution and of such order and file  the same in the town clerk's office of the town or towns in  which  saiduseless  bridge  is situated and shall mail two certified copies of such  resolution and of such order to the state department of  transportation.  Upon   the  county  superintendent  making  and  filing  such  order  of  abandonment,  he shall forthwith permanently and substantially barricade  such bridge to public highway uses and purposes, or  remove  the  bridge  and build sufficient permanent or substantial barricades across the road  or  highway  at  the points where entrance was made upon the bridge, and  the cost and expense thereof shall be a county charge, to be paid by the  county treasurer, upon the order of the county superintendent.    If the board of supervisors or the county superintendent, for  and  in  behalf  of  the  board is unable to obtain releases from all damages not  exceeding the amounts prescribed in subdivision eleven of this  section,  from  owners  of the land adjacent to the section of the road or highway  upon which such abandoned bridge is located, lying between  such  bridge  and  intersecting  roads  or  highways,  such  owners  of lands shall be  entitled to recover from the  county  the  damages  resulting  from  the  abandonment  of  such  bridge. Any such owner claiming damages from such  abandonment of such bridge may, within ninety days after the  filing  of  the  order  of  abandonment  authorized by this subdivision in such town  clerk's office, apply to the supreme court at a special term thereof, to  be held in the judicial district in which the county is located, for the  appointment of three commissioners of appraisal to determine and  assess  the  damages to which he is entitled to be paid by the county. Notice of  application must be served upon the chairman of the board of supervisors  at least ten days before the hearing thereof.    If, within said period of ninety days such owner does not so apply  to  the  supreme  court for the appointment of commissioners of appraisal to  assess said damages, then the board of supervisors may so apply  to  the  supreme  court  at  a  special  term thereof, to be held in the judicial  district in which the county is located, for the  appointment  of  three  commissioners  of appraisal to determine and assess the damages to which  said owner or owners are entitled to be paid by the  county.  Notice  of  such  appointment  must be served upon said owner or owners at least ten  days before the hearing thereof.    The commissioners of appraisal shall be taxpayers of such county,  but  shall  not  reside  in the town in which such abandoned bridge is or was  situated. All proceedings subsequent to the appointment of commissioners  of appraisal shall be taken in accordance with  the  provisions  of  the  condemnation  law, so far as applicable. The commissioners of appraisal,  appointed as herein provided, for each day necessarily employed as such,  shall be entitled to fifteen dollars and his necessary  expenses,  which  shall  be a county charge, to be audited by the board of supervisors and  paid by the county treasurer after audit thereof.    13. Notwithstanding the provisions in this  section  or  elsewhere  in  this chapter, the board of supervisors of Genesee county, Wyoming county  and/or  Sullivan  county, at any time, upon recommendation of the county  superintendent, may take over any bridge having a span of five  feet  or  over  which  is on a town highway or any town bridge over five feet long  located within a  village,  although  such  bridge  may  not  have  been  condemned,  for the purpose of maintaining and preserving the same under  the supervision of the county superintendent. Upon the adoption of  such  resolution,  the procedure thereafter shall conform to the provisions of  this section relating to bridges on town highways and  town  bridges  in  villages having a span of twenty-five feet or over and the bridges taken  over as herein provided thereafter shall be under the direct supervision  of  the  county  superintendent  of highways and the cost of maintenance  thereof shall be paid from county funds appropriated for the maintenance  of bridges.14.  Notwithstanding  any  other  provision  of  law,  a  county   may  contribute  funds  to  a  city,  town or village towards its fifteen per  centum share of the cost of reconstructing a railroad bridge as required  by subdivision three of section ninety-four of the railroad law  whether  or  not  the  road,  of  which  the  bridge  is  a  part,  is  under the  jurisdiction of a city, village, town or county and  regardless  of  who  performs the work.    15.  In  the  county  of  Washington,  the  provisions of this section  otherwise applicable to bridges having a span  of  twenty-five  feet  or  more shall apply to bridges having a span of twenty feet or more.    16.  In  the  county  of  Delaware,  the  provisions  of  this section  otherwise applicable to bridges having a span  of  twenty-five  feet  or  more shall apply to bridges having a span of twenty feet or more and the  deck  or  wearing surface of such bridges shall be the responsibility of  such county.    17.  Notwithstanding  any  other  provision  of  law,  the  board   of  supervisors  of  Saratoga  county, upon the recommendation of the county  superintendent, may, at any time, by resolution, take  over  any  bridge  having  a span of twenty-five feet or over which is on a village highway  or any village bridge, over twenty-five  feet  long  located  within  an  incorporated  village, although such bridge may not have been condemned,  for the purpose  of  maintaining  and  preserving  the  same  under  the  supervision  of  the  county superintendent. Upon the adoption of such a  resolution the clerk of the board of supervisors shall mail a  certified  copy  of  the  resolution  to  the  county  superintendent,  the  county  treasurer and the mayor of the  village  within  which  such  bridge  is  located,  which  copy  shall  be  filed  by each of said officers in his  office.    Such resolution shall also appropriate and make immediately  available  to the order of the county superintendent from county funds, such sum as  may  be  deemed  necessary  for  the preservation or maintenance of such  bridges, and it shall be  the  duty  of  the  board  of  supervisors  to  appropriate and make available to the order of the county superintendent  from  time  to  time from county funds such sums as may become necessary  for the preservation and maintenance of such bridges. Any  bridge  taken  over  by  the  county pursuant to this section shall be under the direct  supervision of the county superintendent of highways and if a bridge  is  a  draw-bridge  or of a nature that requires the services of an operator  or attendant, such operator or attendant shall be employed by the county  superintendent of highways and paid out of county funds appropriated for  the maintenance of bridges.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Hay > Article-9 > 234

§  234.  Public  authority,  public  benefit  corporation, commission,  county, town, city or village bridges. 1.  a.  All  public  authorities,  public  benefit  corporations,  commissions,  county  superintendents of  highways, town superintendents of highways, and  legislative  bodies  of  cities  and villages shall cause an inspection to be made of each bridge  under their respective jurisdictions. Such inspection shall be made on a  frequency and shall be  conducted  under  standards  prescribed  by  the  commissioner  pursuant  to  rules  and regulations adopted in accordance  with this article. Upon the request of the appropriate public authority,  public benefit corporation, commission, county  highway  superintendent,  town highway superintendent or appropriate city or village official, the  department   may   make  such  inspection.  If  the  appropriate  public  authority,    public    benefit    corporation,    commission,    county  superintendent,  town  superintendent  or  appropriate  city  or village  official does not  request  such  an  inspection  and  the  commissioner  determines  after  suitable  investigation  that  the appropriate public  authority,    public    benefit    corporation,    commission,    county  superintendent, town superintendent, or city or village official has not  complied  with  the  rules  and regulations of the department adopted in  accordance with this article for the inspection of  bridges,  and  after  due  notice,  the  commissioner  shall cause such inspection to be made.  After such inspection the bridge shall have the same status with respect  to maintenance and liability as it had prior to inspection.    b. The cost of  the  inspection  of  any  bridge  owned  by  a  public  authority or a public benefit corporation shall be the responsibility of  such  public  authority  or  public  benefit corporation. If such public  authority  or  public  benefit  corporation  fails  to   reimburse   the  department  for  such reasonable and necessary costs after due notice as  provided by rules and regulations, the commissioner is hereby authorized  and empowered to commence an action in a court of competent jurisdiction  to collect any money owed by such public  authority  or  public  benefit  corporation for such inspections.    c.  Once  the  department has conducted an inspection of any bridge it  shall continue to make subsequent inspections of such bridge as  may  be  required;  however,  if the appropriate public authority, public benefit  corporation, commission, county superintendent, town  superintendent  or  appropriate city or village official notifies the commissioner that such  public  authority,  public  benefit  corporation,  commission,  or local  jurisdiction desires henceforth to make such inspection and demonstrates  to the commissioner that it has the means to do so  in  accordance  with  the  provisions  of  this  article and the rules and regulations adopted  pursuant thereto,  the  appropriate  public  authority,  public  benefit  corporation,  commission, county superintendent, town superintendent, or  city  or  village  official  shall  reassume  responsibility  for   such  inspection.    2. a. If the result of an inspection indicates that a bridge is unsafe  for  public  use  and travel with legal weights, or if posted, with such  posted  weights,  the  appropriate  public  authority,  public   benefit  corporation,  commission,  county superintendent, town superintendent or  city or village official shall close it to all traffic and shall  notify  the  department  of  that fact. The appropriate public authority, public  benefit   corporation,   commission,   county    superintendent,    town  superintendent  or  city or village official shall thereupon cause to be  posted conspicuous notices on such bridge and  also  on  the  approaches  thereto to the effect that the bridge is closed to all traffic and shall  at  the  same  time  cause to be erected suitable barricades for closing  such bridge, including the necessary lights which shall  be  visible  to  any  one  approaching  such barricades from one hour after sunset to onehour before sunrise. Neither the county  nor  the  town  nor  any  other  public  entity  shall be responsible for any damages which may result to  any person entering on or traveling over such bridge after  the  posting  of such notices and the erection of such barricades.    b.  If  the  appropriate public authority, public benefit corporation,  commission, county, town, city or village fails to close such a  bridge,  the  department is hereby authorized and directed to close and barricade  such bridge in accordance with the provisions of this article and  rules  and  regulations  adopted  pursuant  thereto,  and  any  reasonable  and  necessary costs incurred by the department shall be  the  responsibility  of  and  paid  for  by  the appropriate public authority, public benefit  corporation, commission, or  municipality.  If  such  public  authority,  public   benefit   corporation,  commission  or  municipality  fails  to  reimburse the department or division for such costs after due notice  as  provided  by  rule  and  regulation,  the  commissioner is authorized to  pursue all available remedies including but not limited to commencing an  action in a court of competent jurisdiction to collect  any  such  money  owed  by  a  public authority, public benefit corporation, commission or  municipality.    3. a. If a bridge is found to require a load capacity  evaluation,  it  shall  be the responsibility of the appropriate public authority, public  benefit corporation, commission,  county  highway  superintendent,  town  highway  superintendent  or  city  or  village official to determine the  total safe load which may be permitted to pass over such bridge and such  public entity or  the  appropriate  public  official  shall  notify  the  department  of such determination. Such load capacity evaluation must be  performed by a licensed professional engineer.  No  person  shall  drive  animals or operate a vehicle or combination of vehicles on or across any  such  bridge  the total weight of which, on said bridge at any one time,  shall exceed the total safe load as sign posted. It shall  thereupon  be  the   duty   of   the   appropriate  public  authority,  public  benefit  corporation, commission, county  highway  superintendent,  town  highway  superintendent  or  city or village official, with respect to structures  under their respective jurisdictions, to post signs to inform persons of  the safe load permitted on such bridge. The type and manner of placement  of such signs shall conform to the  manual  and  specifications  of  the  department.  Neither  the  state  nor  any  other public entity shall be  responsible for any damages which may result to vehicles or animals of a  greater weight upon such bridge than that indicated on the signs.    b. If the appropriate public authority,  public  benefit  corporation,  commission,  county,  town,  city or village fails to determine the safe  load capacity and, if appropriate, post the total safe load which may be  permitted to pass over a bridge within sixty days of being notified that  a load capacity evaluation is required, the commissioner may, close  the  bridge  in  accordance with the provisions of this article and the rules  and  regulations  adopted  pursuant  thereto  and  any  reasonable   and  necessary  costs  incurred by the department shall be the responsibility  of and paid for by the  appropriate  public  authority,  public  benefit  corporation,  commission  or  municipality.  If  such  public authority,  public  benefit  corporation,  commission  or  municipality   fails   to  reimburse  the department or division for such costs after due notice as  provided by rule and  regulation,  the  commissioner  is  authorized  to  pursue all available remedies including but not limited to commencing an  action  in  a  court of competent jurisdiction to collect any such money  owed by a public authority, public benefit  corporation,  commission  or  municipality.    4.  If a bridge having a span less than twenty-five feet is condemned,  the county superintendent shall  without  delay  cause  to  be  preparedplans,  specifications  and  estimates  for  the  repair,  alteration or  reconstruction  of  such  bridge  and  approaches  thereto  or  for  the  construction of a bridge and approaches thereto on new location.    The  cost  of  preparing  such plans, specifications and estimates, if  any, may be paid by the treasurer of the county  on  the  order  of  the  county  superintendent,  together  with  an  itemized  statement of such  costs, from any money of the county appropriated for the construction of  bridges. On or before the thirty-first day of October in each  year  the  county  treasurer  shall  report  the amount of such expenditures to the  town superintendent of highways of the town in which  such  bridges  are  located  and  the  amount  thereof  shall be included in the estimate of  expenditures for highways and bridges required to  be  prepared  by  the  town  superintendent  of  highways  and  shall thereafter be paid by the  supervisor upon  a  voucher  approved  by  the  town  superintendent  of  highways  after  audit  in  the same manner as other charges against the  town to the county treasurer from taxes levied and  collected  for  that  purpose.    5.  If  a  bridge  having  a  span less than twenty-five feet has been  inspected  by  the  county  superintendent  and  posted  by   the   town  superintendent   as   safe   for   restricted   use,  it  shall  be  the  responsibility of the  town  to  maintain  the  structure  in  a  proper  condition  of repair for safe usage by the public in accordance with the  posted limits of loads and speed.    6. Any bridge having a span of twenty-five feet  or  more,  which  has  been  inspected  by  the county superintendent of highways, may be taken  over by the county under official order of the county superintendent  of  highways.  Otherwise  its status shall remain the same as bridges having  less  than  twenty-five  feet  span.  If  a  bridge  having  a  span  of  twenty-five  feet  or  more  has  been  taken  over  by the county under  official  order,  it  shall  be  repaired,  altered,  reconstructed   or  constructed   on   new  location  under  the  direction  of  the  county  superintendent of highways. Upon the issuing of such official order  the  county  superintendent  shall  without delay cause to be prepared plans,  specifications   and   estimates   for   the   repair,   alteration   or  reconstruction of such bridge or for the construction of a bridge on new  location  and it shall be the duty of the board of supervisors forthwith  to undertake such repair,  alteration,  reconstruction  or  construction  work.  The  county  in  which  such bridge having been taken over by the  county superintendent of highways is located shall pay the cost of  such  repair,  alteration,  construction  or  reconstruction  and the board of  supervisors of such county is hereby authorized  to  provide  funds  for  such  purposes  in  accordance  with  the  provisions of the highway law  relating to the raising of moneys for the  construction,  reconstruction  or repair of county roads and town highways.    Payment  of  such construction, reconstruction or maintenance shall be  made as follows:    Where the construction,  reconstruction  or  maintenance  is  done  by  contract, from time to time as the work proceeds, and in accordance with  rules  to  be  established  by  the  commissioner of transportation, the  county superintendent of highways shall prepare a  voucher  showing  the  value of the work completed and a verified certificate showing that such  work  was  done  in  accordance  with the plans and specifications. Such  voucher and certificate shall be filed with the county treasurer. In the  event that the work was done by county forces, a similar voucher for the  work done, including material furnished, and a similar certificate shall  be filed with the  county  treasurer.  The  county  treasurer,  on  such  voucher  shall,  in  cases where the work has been done by contract, pay  out of the money provided an amount not exceeding ninety per centum,  orin  a  case  where the bond is dispensed with, eighty per centum, of the  contract price of such completed work; and where the work has been  done  by  county forces shall pay the full amount of such voucher. The balance  of  the  contract  price  shall be paid after the completion of the work  when the same has been  accepted  by  the  county  superintendent  by  a  certificate and voucher filed in the office of the county treasurer.    The  county superintendent may, pending the preparation of said plans,  specifications and estimates and pending the performance of the duty  of  the  board  of  supervisors  as  above  prescribed,  and  subject to the  monetary limitations as  hereinafter  set  forth,  make  such  emergency  repairs  to  such  bridges  or build temporary structures thereat, as he  deems necessary without the approval and the adoption of a resolution by  the board of supervisors previous to the performance of such  work;  and  the  board  of supervisors may cause such a sum of money to be raised as  it deems necessary for the purpose of the  construction,  reconstruction  or  repairs,  and for such other purposes for bridges as are required by  law, under the direction and supervision of the  county  superintendent.  It  shall  be  the  duty  of  the  county  treasurer to pay for any such  emergency work from said money upon the submission to him of an itemized  statement of all such expenditures connected therewith upon the order of  the county superintendent.    In case of an emergency if the appropriation for  bridge  purposes  is  exhausted  or  insufficient  the  county  treasurer  may  pay  from  any  unobligated balance in the county road fund and the board of supervisors  shall, at its first subsequent meeting, appropriate a sufficient  amount  to  reimburse  the  county  road  fund for money so expended. The county  treasurer shall report the receipts and expenditures  pursuant  to  this  section  at  the same time and in the same manner that he is required to  do by the provisions of article six of the  highway  law.  Such  account  shall  be  subject  to  audit  by  the  board  of supervisors and may be  examined by the state comptroller at any time.    7. If a bridge having a span of twenty-five  feet  or  more  has  been  taken   over  by  the  county  on  the  official  order  of  the  county  superintendent of highways and posted by the town superintendent as safe  for restricted use, it shall be the  responsibility  of  the  county  to  maintain the structure in a proper condition of repair for safe usage by  the public in accordance with the posted limits of loads and speeds.    8.  Any bridge having a span of less than twenty-five feet as provided  in this section shall be maintained at the expense of the town in  which  such  bridge is located. Any bridge having a span of twenty-five feet or  more built in accordance with the provisions of this section and located  upon a county road shall be maintained  by  the  county  in  which  such  bridge  is  located.  All  other  bridges built by the county under this  section shall be maintained by the county excepting that  the  floor  or  wearing  surface  of  such  bridges  shall be maintained by the towns in  which they are located.    9. If a bridge having a span less than twenty-five feet is located  in  more than one town, the procedure in this section shall apply equally to  such towns and town superintendents affected.    If  a  bridge  having a span of twenty-five feet or more is located in  more than one county, the procedure in this section shall apply  equally  to such counties and county superintendents.    Such  portions  of the highway law relating to bridges located in more  than one town or more than one county shall apply in so far as the  same  is not inconsistent with other provisions of this section.    For  the  purposes  of  this  section,  a  bridge  having  a  span  of  twenty-five feet or more shall be considered  a  structure  wherein  thehorizontal  distance  from  face to face of abutments at the bridge seat  elevation is not less than twenty-five feet.    10. Upon the recommendation of the county superintendent, the board of  supervisors may, at any time, by resolution, take over any bridge having  a  span  of  twenty-five  feet or over which is on a town highway or any  town bridge over twenty-five feet long located  within  an  incorporated  village,  although  such  bridge  may  not  have been condemned, for the  purpose of maintaining and preserving the same under the supervision  of  the  county  superintendent.  Upon the adoption of such a resolution the  clerk of the board of supervisors shall mail a  certified  copy  of  the  resolution  to  the  county superintendent, the county treasurer and the  supervisor of the town within which such bridge is located,  which  copy  shall  be  filed by each of said officers in his office. Such resolution  shall also appropriate and make immediately available to  the  order  of  the  county  superintendent from county funds, such sum as may be deemed  necessary for the preservation or maintenance of such  bridges,  and  it  shall  be  the  duty of the board of supervisors to appropriate and make  available to the order of the county superintendent from  time  to  time  from county funds such sums as may become necessary for the preservation  and  maintenance  of  such  bridges. Any bridge taken over by the county  pursuant to this section shall be under the direct  supervision  of  the  county superintendent of highways and if a bridge is a draw-bridge or of  a  nature  that  requires the services of an operator or attendant, such  operator or attendant shall be employed by the county superintendent  of  highways  and  paid out of county funds appropriated for the maintenance  of bridges.    11. (a) Upon the recommendation of the county superintendent that  any  bridge  having  a span of twenty-five feet or over, which is on a county  road or a town highway, has become useless and  not  necessary  for  the  public convenience and welfare, the board of supervisors, to promote the  interests  of the county, upon a resolution adopted by a majority of the  members of such board, may authorize,  empower  and  direct  the  county  superintendent  acting for and in behalf of such board, to make an order  abandoning any such bridge, provided, however,  that  such  order  shall  become  effective  if  and when he shall have obtained a written release  from all damages from the owners of the land adjacent to the section  of  the   highway   upon  which  such  bridge  is  located  between  lateral  intersecting highways affected thereby. Such  release  shall  contain  a  provision  that  it  shall forever be binding upon and in full force and  effect against the owner, his lessees,  grantees,  assigns,  successors,  heirs  and devisees and such release shall, when recorded and indexed as  hereinafter prescribed, be  so  binding.  Said  release  shall  be  duly  acknowledged  in  the  manner  to  entitle a conveyance transferring any  estate in real property to be recorded and  it  shall  be  recorded  and  indexed  in  the county clerk's office in which the lands described in a  release are located as a conveyance under the real property law.    (b) The county superintendent, with the approval of  the  chairman  of  the board of supervisors and the county judge, may agree with such owner  or  owners upon the amount of consideration for such releases in a gross  sum not to  exceed  five  thousand  dollars.  An  order  of  the  county  superintendent as herein provided shall be final. The amount agreed upon  to  be paid to such owners for such releases and the cost of the removal  of such useless bridge and/or the cost for the erection of  obstructions  or  barricades  shall  be  a  county charge and may by resolution of the  board of supervisors be paid from any funds of the county  that  may  be  legally  used  for  such  purpose or may be raised, in whole or in part,  pursuant to the local finance law. Whenever the money  to  be  paid  for  such  releases  is  available the county treasurer shall pay to the saidowners executing said releases the amounts agreed upon  to  be  paid  to  them   for   said   releases   upon   the   requisition  of  the  county  superintendent.    (c)  It shall be the duty of the county superintendent upon the making  of an order of abandonment to file the same in the office of  the  clerk  of  the board of supervisors and to file copies thereof certified by the  clerk of the board of supervisors in the town clerk's office of the town  or towns in which such useless bridge or part thereof is  situated,  and  he  shall send two such certified copies of said order to the department  of transportation. Upon the filing of said order it shall be the duty of  the county superintendent to erect  at  and  across  each  end  of  such  useless  bridge a suitable substantial barricade or obstruction to close  such bridge and for the prevention of further use  thereof  and  passage  thereon or thereto and there shall be installed suitable signs, the type  and  manner  of  placement  of which shall conform to the New York State  manual of uniform traffic control devices. If such bridge is taken down,  the county superintendent shall place like obstructions or barricades at  the ends of the portions of the highway at the places where the  highway  joined  such bridge. The county superintendent shall also erect suitable  signs at lateral intersecting highways which in his judgment afford most  convenient detours to another bridge  or  bridges  to  be  used  by  the  traveling  public  instead  of  such  abandoned bridge. The cost of such  signs, their erection and maintenance shall be paid for  in  the  manner  provided   for  the  payment  of  the  barricades  and  obstructions  as  aforesaid.    12. Upon the written recommendation of the county superintendent  that  any  bridge  having  a  span  of twenty-five feet or over, which is on a  county road or town highway, has become useless and  not  necessary  for  the  public  convenience  and  welfare, the board of supervisors, upon a  finding by resolution of the town board as to any such bridge on a  town  highway, or upon a finding by resolution of such board of supervisors as  to  any  such  bridge  on a county road, to promote the interests of the  county, may, upon a resolution adopted by a majority of the  members  of  such  board,  order and direct the county superintendent to abandon such  bridge on a county road or town highway and to erect suitable barricades  for closing such bridge and also signs in relation to  such  abandonment  as  are  prescribed  for the abandonment of a useless bridge in the last  above preceding subdivision of this section.    The clerk  of  the  board  of  supervisors  shall  forthwith  serve  a  certified  copy  of  such  resolution  on  the county superintendent and  thereupon the county superintendent shall make, in duplicate, a  written  order  of  abandonment of such bridge and file one of them in his office  and one of them in the office of the clerk of the board of  supervisors,  who  shall  forthwith  make and certify copies of such resolution and of  such order and file the same in the town clerk's office of the  town  or  towns  in  which  said  useless  bridge  is  situated and shall mail two  certified copies of such resolution and  of  such  order  to  the  state  department  of transportation. Upon the county superintendent making and  filing such order of abandonment, he  shall  forthwith  permanently  and  substantially barricade such bridge to public highway uses and purposes,  or  remove  the  bridge  and  build sufficient permanent and substantial  barricades across the road or highway at the points where  entrance  was  made upon the bridge, and the cost and expense thereof shall be a county  charge,  to be paid by the county treasurer upon the order of the county  superintendent.    If the board of supervisors or the county superintendent, for  and  in  behalf  of the board, is unable to obtain releases from all damages, not  exceeding the amounts prescribed in the last  preceding  subdivision  ofthis  section,  from  owners  of the land adjacent to the section of the  road or highway upon which  such  abandoned  bridge  is  located,  lying  between  such  bridge and intersecting roads or highways, such owners of  lands shall be entitled to recover from the county the damages resulting  from  the  abandonment  of  such bridge. Any such owner claiming damages  from such abandonment of such bridge may, within ninety days after  such  bridge has been barricaded against or removed from the public use, apply  to  the  supreme  court  at  a  special  term  thereof to be held in the  judicial district in which the county is located for the appointment  of  three  commissioners of appraisal to determine and assess the damages to  which he is entitled to be paid by the  county.  Notice  of  application  must  be  served  upon the chairman of the board of supervisors at least  ten days before the hearing  thereof.  The  commissioners  of  appraisal  shall  be  taxpayers  of such county but shall not reside in the town in  which  such  abandoned  bridge  is  or  was  situated.  All  proceedings  subsequent  to  the  appointment  of commissioners of appraisal shall be  taken in accordance with the provisions of the condemnation law  so  far  as  applicable.  The  commissioners  of  appraisal,  appointed as herein  provided, for each day  necessarily  employed  as  such  shall  each  be  entitled to fifteen dollars and his necessary expenses, which shall be a  county  charge  to be audited by the board of supervisors or a committee  thereof and paid by the county treasurer upon the order of the board  by  its chairman.    If  such bridge is over the county boundary line between two counties,  the aforesaid abandonment proceedings, steps and measures may  be  taken  in,  for  and  by  the  respective  counties for the abandonment of such  useless bridge, and the cost and expense thereof shall be at  the  joint  cost  and expense of such counties, excepting, however, that each county  shall severally pay the cost of obtaining releases for  damages  or  the  damages  determined  and  assessed  by the commissioners of appraisal in  connection with the lands in each county affected as herein specified.    12-a. Upon the recommendation of the county  superintendent  that  any  bridge  having  a  span  of  twenty-five feet or over which is on a town  highway outside of a city, and which is not on the improved state system  of highways, or any such bridge which is under the  supervision  of  the  town superintendent of highways, located within an incorporated village,  and  which  has  been condemned by the county superintendent of highways  under the provisions of subdivisions one and two of  this  section,  and  which  has not been taken over by the county under the official order of  the county superintendent of highways pursuant  to  subdivision  six  of  this  section,  has  become  useless  and  not  necessary for the public  convenience and welfare,  the  board  of  supervisors,  to  promote  the  interest  of  the county may, upon a resolution adopted by a majority of  the members of such board, order and direct the county superintendent to  abandon such bridge on a town highway or any such bridge which is  under  the supervision of the town superintendent of highways located within an  incorporated  village, and to erect suitable barricades for closing such  bridge,  and  also  signs  in  relation  to  such  abandonment,  as  are  prescribed for the abandonment of a useless bridge in subdivision eleven  above.    The  clerk  of  the  board  of  supervisors  shall  forthwith  serve a  certified copy of such  resolution  on  the  county  superintendent  and  thereupon  the county superintendent shall make, in duplicate, a written  order of abandonment of such bridge pursuant to the provisions  of  this  subdivision  and  file  one of them in his office and one of them in the  office of the clerk of the board of  supervisors,  who  shall  forthwith  make  and  certify  copies of such resolution and of such order and file  the same in the town clerk's office of the town or towns in  which  saiduseless  bridge  is situated and shall mail two certified copies of such  resolution and of such order to the state department of  transportation.  Upon   the  county  superintendent  making  and  filing  such  order  of  abandonment,  he shall forthwith permanently and substantially barricade  such bridge to public highway uses and purposes, or  remove  the  bridge  and build sufficient permanent or substantial barricades across the road  or  highway  at  the points where entrance was made upon the bridge, and  the cost and expense thereof shall be a county charge, to be paid by the  county treasurer, upon the order of the county superintendent.    If the board of supervisors or the county superintendent, for  and  in  behalf  of  the  board is unable to obtain releases from all damages not  exceeding the amounts prescribed in subdivision eleven of this  section,  from  owners  of the land adjacent to the section of the road or highway  upon which such abandoned bridge is located, lying between  such  bridge  and  intersecting  roads  or  highways,  such  owners  of lands shall be  entitled to recover from the  county  the  damages  resulting  from  the  abandonment  of  such  bridge. Any such owner claiming damages from such  abandonment of such bridge may, within ninety days after the  filing  of  the  order  of  abandonment  authorized by this subdivision in such town  clerk's office, apply to the supreme court at a special term thereof, to  be held in the judicial district in which the county is located, for the  appointment of three commissioners of appraisal to determine and  assess  the  damages to which he is entitled to be paid by the county. Notice of  application must be served upon the chairman of the board of supervisors  at least ten days before the hearing thereof.    If, within said period of ninety days such owner does not so apply  to  the  supreme  court for the appointment of commissioners of appraisal to  assess said damages, then the board of supervisors may so apply  to  the  supreme  court  at  a  special  term thereof, to be held in the judicial  district in which the county is located, for the  appointment  of  three  commissioners  of appraisal to determine and assess the damages to which  said owner or owners are entitled to be paid by the  county.  Notice  of  such  appointment  must be served upon said owner or owners at least ten  days before the hearing thereof.    The commissioners of appraisal shall be taxpayers of such county,  but  shall  not  reside  in the town in which such abandoned bridge is or was  situated. All proceedings subsequent to the appointment of commissioners  of appraisal shall be taken in accordance with  the  provisions  of  the  condemnation  law, so far as applicable. The commissioners of appraisal,  appointed as herein provided, for each day necessarily employed as such,  shall be entitled to fifteen dollars and his necessary  expenses,  which  shall  be a county charge, to be audited by the board of supervisors and  paid by the county treasurer after audit thereof.    13. Notwithstanding the provisions in this  section  or  elsewhere  in  this chapter, the board of supervisors of Genesee county, Wyoming county  and/or  Sullivan  county, at any time, upon recommendation of the county  superintendent, may take over any bridge having a span of five  feet  or  over  which  is on a town highway or any town bridge over five feet long  located within a  village,  although  such  bridge  may  not  have  been  condemned,  for the purpose of maintaining and preserving the same under  the supervision of the county superintendent. Upon the adoption of  such  resolution,  the procedure thereafter shall conform to the provisions of  this section relating to bridges on town highways and  town  bridges  in  villages having a span of twenty-five feet or over and the bridges taken  over as herein provided thereafter shall be under the direct supervision  of  the  county  superintendent  of highways and the cost of maintenance  thereof shall be paid from county funds appropriated for the maintenance  of bridges.14.  Notwithstanding  any  other  provision  of  law,  a  county   may  contribute  funds  to  a  city,  town or village towards its fifteen per  centum share of the cost of reconstructing a railroad bridge as required  by subdivision three of section ninety-four of the railroad law  whether  or  not  the  road,  of  which  the  bridge  is  a  part,  is  under the  jurisdiction of a city, village, town or county and  regardless  of  who  performs the work.    15.  In  the  county  of  Washington,  the  provisions of this section  otherwise applicable to bridges having a span  of  twenty-five  feet  or  more shall apply to bridges having a span of twenty feet or more.    16.  In  the  county  of  Delaware,  the  provisions  of  this section  otherwise applicable to bridges having a span  of  twenty-five  feet  or  more shall apply to bridges having a span of twenty feet or more and the  deck  or  wearing surface of such bridges shall be the responsibility of  such county.    17.  Notwithstanding  any  other  provision  of  law,  the  board   of  supervisors  of  Saratoga  county, upon the recommendation of the county  superintendent, may, at any time, by resolution, take  over  any  bridge  having  a span of twenty-five feet or over which is on a village highway  or any village bridge, over twenty-five  feet  long  located  within  an  incorporated  village, although such bridge may not have been condemned,  for the purpose  of  maintaining  and  preserving  the  same  under  the  supervision  of  the  county superintendent. Upon the adoption of such a  resolution the clerk of the board of supervisors shall mail a  certified  copy  of  the  resolution  to  the  county  superintendent,  the  county  treasurer and the mayor of the  village  within  which  such  bridge  is  located,  which  copy  shall  be  filed  by each of said officers in his  office.    Such resolution shall also appropriate and make immediately  available  to the order of the county superintendent from county funds, such sum as  may  be  deemed  necessary  for  the preservation or maintenance of such  bridges, and it shall be  the  duty  of  the  board  of  supervisors  to  appropriate and make available to the order of the county superintendent  from  time  to  time from county funds such sums as may become necessary  for the preservation and maintenance of such bridges. Any  bridge  taken  over  by  the  county pursuant to this section shall be under the direct  supervision of the county superintendent of highways and if a bridge  is  a  draw-bridge  or of a nature that requires the services of an operator  or attendant, such operator or attendant shall be employed by the county  superintendent of highways and paid out of county funds appropriated for  the maintenance of bridges.