§ 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 one
hour 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 prepared
plans, 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, or
in 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 the
horizontal 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 said
owners 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 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 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 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 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.