N.Y. Highway Law 227 – State aid to towns
§ 227. State aid to towns. 1. a. To aid the towns in the improvement, repair or reconstruction of town highways pursuant to this article, the state, within the amount appropriated therefor, shall pay a fractional part of the actual cost of each approved project. The numerator of such fraction shall be eighteen thousand dollars less the yield of a tax of eighty mills on each dollar of actual valuation of taxable real property outside villages divided by the number of miles of existing town highways outside villages, and the denominator shall be eighteen thousand dollars.
Terms Used In N.Y. Highway Law 227
- Approved project: shall mean a project approved as provided by this article. See N.Y. Highway Law 219
- Bridge: shall mean any structure whether of single or multiple span construction with a clear span in excess of five feet with measurements to be made in the manner set forth in subdivision two of section two hundred thirty of this chapter. See N.Y. Highway Law 219
- Commissioner: shall mean the commissioner of transportation of the state of New York. See N.Y. Highway Law 219
- County superintendent: shall mean the county superintendent of highways. See N.Y. Highway Law 219
- Project: shall mean a town highway improvement, repair or reconstruction. See N.Y. Highway Law 219
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
b. The maximum amount to be paid by the state in relation to any approved project shall not exceed seventy-five per centum of an amount equal to eighteen thousand dollars multiplied by the number of miles of the project, provided, however, that if the actual cost of the project is less than an amount equal to eighteen thousand dollars multiplied by the number of miles of the project, then such maximum amount shall not exceed seventy-five per centum of such actual cost.
c. The minimum amount to be paid by the state in relation to any approved project shall not be less than forty per centum of an amount equal to eighteen thousand dollars multiplied by the number of miles of the project, provided, however, that if the actual cost of the project is less than an amount equal to eighteen thousand dollars multiplied by the number of miles of the project, then such minimum amount shall not be less than forty per centum of such actual cost.
2. a. To aid the towns in the surfacing of town highways pursuant to this article, the state, within the amount appropriated therefor, shall pay a fractional part of the actual cost of each approved project. The numerator of such fraction shall be forty-five hundred dollars less the yield of a tax of twenty mills on each dollar of actual valuation of taxable real property outside villages divided by the number of miles of existing town highways outside villages, and the denominator shall be forty-five hundred dollars.
b. The maximum amount to be paid by the state in relation to any approved project shall not exceed seventy-five per centum of an amount equal to forty-five hundred dollars multiplied by the number of miles of the project, provided, however, that if the actual cost of the project is less than an amount equal to forty-five hundred dollars multiplied by the number of miles of the project, then such maximum amount shall not exceed seventy-five per centum of such actual cost.
c. The minimum amount to be paid by the state in relation to any approved project shall not be less than forty per centum of an amount equal to forty-five hundred dollars multiplied by the number of miles of the project, provided, however, that if the actual cost of the project is less than an amount equal to forty-five hundred dollars multiplied by the number of miles of the project, then such minimum amount shall not be less than forty per centum of such actual cost. No town shall receive state reimbursement more than once on account of any surfacing project approved pursuant to this article.
3. a. To aid the towns in the construction or reconstruction of eligible bridge structures pursuant to this article, the state within the amount appropriated therefor, shall pay not less than forty per centum nor more than seventy-five per centum of the actual cost of each approved project. The percentage of such aid shall be not less than the percentages available in subdivisions one and two of this section.
b. No town shall receive state aid more than once on account of any bridge project approved pursuant to this article.
4. In no event shall the state's share of all approved projects in any town be less than forty per centum or fourteen thousand four hundred dollars, whichever is less, or be in excess of seventy-five per centum of thirty-six thousand dollars in any year.
5. The term "actual valuation," as used in this section, means the valuation which is derived by applying to the assessed valuations of taxable real property in the town outside of villages, as shown on the assessment roll of the town as completed, verified and filed in the second calendar year preceding that for which the project was approved, the equalization rate determined by the commissioner of taxation and finance for such roll. The "number of miles of existing town highways outside villages" shall be the mileage as reported under the requirements of section ten of this chapter.
6. In computing the actual cost of a project the reasonable value of material and supplies furnished by the town shall be charged as a project cost. In the case of such material and supplies, the unit cost shall be approved by the county superintendent and the commissioner and the moneys received therefor shall be credited to the general fund.
7. Such actual cost shall not include (a) the compensation or expenses, or any part thereof, paid by the town to any town officer or his deputy, (b) the cost of the preparation of plans and specifications, and (c) the cost of land or rights in land.