N.Y. HAY Law § 218 — New York Code / Act HAY / Article 8 / Section 218
Storm water sewers in town highways
Status: in_force

§ 218. Storm water sewers in town highways. 1. Storm water laterals,\npetition for improvement. The town board may, in any town where an\noutlet drain or sewer has been or is to be constructed in any public\nhighway, construct one or more storm water drains or sewers in one or\nmore streets within the town, from time to time, entirely at the expense\nof the owners of the land fronting on said street, streets or portions\nthereof, wherein said storm water drain or sewer or drains or sewers are\nconstructed, provided a petition therefore be presented to the town\nboard signed and acknowledged by at least a majority of the owners of\nreal property fronting on said street, streets or portions thereof\nwherein it is proposed to lay out and construct said storm water drain,\nor sewer, or drains or sewers. The town board shall, upon receipt of a\npetition as aforesaid, give notice of and hold a public hearing thereon\nat which all persons interested shall be entitled to be heard. Such\nnotice shall specify the time and place of hearing and be served upon\nthe owners of the land fronting upon said street, streets or portions\nthereof set forth and described in said petition, by mailing a copy\nthereof to their last known addresses, or by publishing the said notice\nonce each week for two weeks in a newspaper circulating in said town, or\nby either or any one of said methods, the mailing of said notice or\nfirst publication thereof to be not less than ten days prior to the date\nof such hearing.\n  2. Construction of storm water laterals. If the town board shall act\nfavorably upon said petition, they shall, by resolution direct that\nsuitable plans be prepared showing the locations of such lateral or\nlaterals, the street or streets or portions thereof proposed to be\nsewered thereby, and showing where the same are to be connected with the\nexisting or proposed storm water outlet drain or sewer, and may employ\nan engineer to prepare such plans. The town board, after the plans have\nbeen prepared and adopted, may obtain from the superintendent of\nhighways of the town, an estimate of the cost of said construction, and\nafter approving the estimate authorize and direct the superintendent of\nhighways of the town, without a contract, to construct the said storm\nwater sewer or drain, or sewers or drains, or may contract for the\nconstruction of said sewers, after advertisement for bids. The contract\nshall be awarded to the lowest bidder, unless all bids are rejected, in\nwhich case the town board may readvertise for bids. If the estimated\ncost of construction is less than five hundred dollars, the town board\nmay let such contract for such construction without advertisement and\nwithout competitive bidding. Where the construction is under the\nsupervision of the town superintendent of highways, he shall have the\nauthority, with the approval of the town board, to employ the necessary\nlabor and may use such town machinery as is not in use on town highway\nconstruction. Nothing contained in this section shall be construed to\nlimit the operation of any provision of law requiring the consent of the\nstate commissioner of transportation, a county superintendent of\nhighways or the governing board of any city or village to the laying of\nsewer pipes under any street or highway.\n  3. Payment of cost of construction. After the town board has\nascertained the expense of the improvements provided for in this\nsection, it may use moneys of the town which are not otherwise committed\nor appropriated to pay the cost of such construction or may finance the\nsame, in whole or in part, pursuant to the local finance law. If any\nobligations are issued, such obligations, with interest, shall be paid,\nor the town reimbursed to the extent of the town surplus moneys so used,\nas the case may be, out of the moneys derived as herein provided.  After\nthe town board has ascertained the cost of such improvement, including\nnecessary engineering, legal and inspection fees and disbursements, it\nshall apportion and assess the expense thereof upon the lands benefited\nand fronting upon the street, streets or portions thereof improved as\naforesaid, in such amount against each lot or parcel as it deems just\nand reasonable. Notice of such assessment shall be given to the owners\nof said real property in the same manner as herein provided for notice\nof hearing on said petition, which notice shall state, among other\nthings, that said assessments have been made, and that at a specified\ntime and place the town board will meet for the purpose of hearing and\nconsidering any objections which may be made to said assessments. The\ntown board shall meet at the time and place specified in said notice and\nshall determine all objections made to such assessment, including the\namount thereof, and shall change or amend the same as they deem it\nnecessary or just so to do and affirm and adopt the same as so changed\nand amended or as originally proposed, as the case may be. The town\nboard shall prepare a statement showing the amount of such assessment,\nwhich shall include a sum sufficient to meet interest on moneys borrowed\nto pay the cost of such construction, and the lots or parcels of land\nliable to pay the same and the amount chargeable to each. When such\nassessment shall have been confirmed, a period of thirty days shall be\ngiven in which such assessments may be paid in full and the obligation\nthereof cancelled. The town board shall by resolution determine the\nnumber of annual installments, not exceeding three, within which such\nassessments not so paid, in full, may be paid, and may further provide\nfor the addition thereto of interest at the rate of six per centum per\nannum from the date of such assessment to the date upon which such\nannual installment shall become payable.  A statement of the amount of\nsuch annual installments, together with the lots or parcels of land\nliable to pay the same and the amount chargeable to each, shall be\ndelivered to the supervisor who shall transmit the same to the board of\nsupervisors of the county. The board of supervisors shall levy such\namounts against the property liable and shall state the amount of the\ntax in a separate column in the annual tax roll under the name "storm\nwater sewer tax." Such tax when collected shall be paid to the\nsupervisor, and be by him applied in payment of said certificates or to\nreimburse the town, if the cost of said improvement has been paid from\nmoneys of the town. The amount apportioned by the town board on any lot\nor parcel and any tax levied for the collection thereof shall be a lien\nprior and superior to any lien or claim except the lien of an existing\ntax or local assessment.\n  4. Control over storm water sewers. All storm water sewers or drains\nconstructed in highways, pursuant to the provisions of this section,\nshall be maintained under the supervision of the town superintendent of\nhighways, and the expense thereof shall be a town charge. The town\nsuperintendent shall annually at the time of submission of his estimate\nof moneys necessary for highway purposes submit to the town board an\nestimate of the amount of money necessary for maintenance of such storm\nwater sewers. The town board shall have the power to make such rules and\nregulations as may be necessary for the proper management and control of\nsuch storm water sewers.\n