§ 220. Improvement of town highways; submission of plan. 1. The town
board of any town may, upon its own determination, or upon
recommendation of the town superintendent, elect to improve, repair or
reconstruct any portion or portions of its town highways which are part
of the town highway system during the first five years of the period
after the effective date of this article in accordance with the
provisions hereof. However, no highway or bridge turned back to a town
on and after January first, nineteen hundred seventy, shall qualify for
aid pursuant to this article. In that event, the town board may cause a
plan covering all projects contemplated by it during said five year
period to be prepared and may, by resolution, adopt such plan. Such
original plan shall be filed on or before June first, nineteen hundred
seventy-two, as follows:

(a) With the board of supervisors, or other legislative body, of the
county in which such town is located, together with the written
recommendations of the county superintendent.

(b) With the commissioner, together with a copy of the resolution of
approval of such county board of supervisors or legislative body.

2. The commissioner, after investigation, may approve such plan or the
plan of any separate project thereof for execution as appropriations
therefor may be available or may disapprove any such plan and shall
immediately notify the town board of such approval or disapproval. If
any such plan be disapproved, the commissioner shall immediately return
such plan to the town board with his reasons for disapproval and
suggestion for modification of the plan and shall notify the board of
supervisors and county superintendent of such action. Modification of a
disapproved plan shall be made and filed in like manner.

3. A copy of such plan, when prepared and approved as herein provided,
together with copies of the approval of the commissioner and the board
of supervisors, shall be filed in the office of the clerk of the town in
which such highway is located, in the office of the county clerk and
county superintendent of the county in which such town is located. The
copy transmitted to the commissioner shall be retained by him.

4. The statement of necessity required as a part of the plan for a
project shall set forth the reasons why such improvement, repair or
reconstruction is necessary adequately to serve permanent agricultural,
residential, commercial or industrial development and to sustain the
vehicular load imposed or likely to be imposed on such town highway.

5. Modification of any plan approved as herein provided may be made by
the town board of the town affected thereby and must be filed and
approved in the manner hereinbefore provided for the filing and approval
of an original plan, except that the approval of the county board of
supervisors, or other legislative body, of the county in which such town
is located shall not be required. The commissioner may refuse to approve
the modification of the plan of any project unless the modification is
filed in his office prior to September first of the calendar year
preceding that for which the project has been approved. Any modification
must be recommended on or before April first, nineteen hundred eighty.

6. No meeting of the town board shall be held for the purpose of
adopting or modifying a plan, unless the town and county superintendent
of highways shall be notified thereof.

7. If a town has not adopted and filed a plan as above provided in the
section, it may adopt and file a plan in the manner set forth in this
section on or before July first in any year covering all projects
contemplated during the remaining years of the period of the duration of
this article. In such event the provisions of this article shall apply
as if the plan originally had been filed in the manner provided in this
section.