N.Y. HAY Law § 223

§ 223. Surfacing of town highways. 1. Plans for surfacing town\nhighways may be adopted and filed and otherwise follow the procedure\nprovided in section two hundred twenty of this article for plans for the\nimprovement, repair or reconstruction of town highways.\n 2. The provisions of this section shall be applicable only to town\nhighways improved, repaired or reconstructed pursuant to this article,\nor to article eight-A of this chapter in force and effect prior to the\neffective date of this article, or to chapter eight hundred twenty-four\nof the laws of nineteen hundred fifty.\n 3. The surfacing of such town roads shall conform generally to the\nfollowing minimum standards, (a) widening of roadbed to not less than\neighteen feet; (b) widening shoulders to not less than five feet; (c)\nproviding for the construction or reconstruction of necessary bridges,\nsubject to the provisions of section two hundred twenty-four of this\narticle; (d) minimum surfacing application shall consist of not less\nthan two courses of crushed stone and bituminous material except in\ncases where any such road was previously surfaced prior to the effective\ndate of this article, the commissioner shall specify minimum surfacing\napplication. Expenses incurred in widening, grading and filling any such\ntown highway shall be an allowable charge in conforming to the minimum\nstandards prescribed by this subdivision. Within such general\nspecifications, each such project shall be completed in accordance with\na design and specification approved by the county superintendent and the\ncommissioner; provided, however, the county superintendent and the\ncommissioner may permit deviations below such minimum standards in\nplanning or during the course of completion of the work if, in their\nopinion, the particular circumstances make such deviation advisable.\n