NY Town L § 200 (2021)
2021 New York Laws TWN - Town Article 12 - District and Special Improvements 200 - Petition for Street Improvement and Proceedings Thereon.

§ 200. Petition for street improvement and proceedings thereon. 1. The   owners  of real estate fronting or abutting upon either side of a street   or highway or private road or right of  way  used  for  access  to  said   premises  or  to a portion thereof to the extent of at least one-half of   the entire frontage or bounds on both sides of said street or highway or   private road or right of way or portion thereof, may petition  the  town   board  or  the  town  board  on its own motion may adopt a resolution to   improve said street or highway, private road or right of way or  portion   thereof, by the construction of sidewalks, curbs, gutters, culverts, and   other necessary improvements in connection therewith, or by construction   and paving of such street or highway or private road, or right of way or   portion  thereof;  but such curbs, gutters, culverts and other necessary   improvements shall not be constructed under authority  of  this  section   unless  a  pavement  has  been  constructed  prior  thereto  or is to be   constructed at the same time upon said street,  highway,  private  road,   right of way or portion thereof.2.  If  the  proposed  improvement will serve the property on only one   side of a street, highway, private road or  right  of  way,  or  portion   thereof, the petition for such improvement shall be signed by the owners   of real property fronting or abutting upon the side to be served of said   street,  highway, private road or right of way to the extent of at least   one-half of the entire frontage on such side of  said  street,  highway,   private road or right of way, or portion thereof.3.  Streets or highways which may be improved pursuant to this section   shall include the portion of any state highway or county road which lies   within the town. No state highway shall be  improved  pursuant  to  this   section  until  the commissioner of transportation shall consent thereto   and approve  the  plans  and  specifications  which  shall  be  prepared   therefor  as  hereinafter  provided.  No  county  road shall be improved   pursuant to this section until the  county  superintendent  of  highways   shall  consent  thereto  and  approve the plans and specifications which   shall be prepared therefor as hereinafter provided.4. Before any such street, highway, private road or right  of  way  or   portion  thereof  other  than  a state highway or a county road shall be   improved pursuant to this section, the town board shall cause it  to  be   surveyed,  and  the  lines and grades thereof to be established and such   survey and a profile of the grade shall be filed  in  the  town  clerk's   office.5.  But  if there be any resident owners, no petition for improvements   shall be of any force or effect, nor shall such petition be  acted  upon   by  said  board  unless thereon appear the signatures of resident owners   owning not less than one-half of the frontage owned by  resident  owners   residing in or along the street or highway or private road, right of way   or  part of street or highway or private road or right of way covered or   represented by such petition; provided, however, that if  such  petition   shall  have  thereon the signatures of owners of real estate fronting or   abutting upon either side of the street  or  highway  or  private  road,   right of way or portion of street or highway or private road or right of   way  covered  or  represented by such petition to the extent of at least   eighty per centum of the entire frontage or bounds, then  the  foregoing   requirements  as  to  signatures  of  resident  owners  shall  not apply   thereto.6. Such petition for improvements shall be signed by the  petitioners,   and  acknowledged or proved in the same manner as a deed to be recorded,   or authenticated in the manner provided by  the  election  law  for  the   authentication  of  nominating  petitions,  and  shall state the maximum   amount proposed to be expended for the improvement. A resolution adopted   pursuant to subdivision one of this section shall state the  improvement    proposed,  the  maximum  amount  proposed  to  be  expended and the area   benefited.7.  When a petition for improvement containing the required signatures   shall have been presented or a resolution adopted by the town  board  on   its  own  motion, the town board shall adopt an order and enter the same   in the minutes of its proceedings, reciting in general terms the  filing   of  such petition or adoption of such resolution as the case may be, the   improvement proposed, the maximum amount proposed to be expended for the   improvement and the area benefited as stated  in  the  petition  or  the   resolution,  and specifying the time when and the place where said board   will meet to consider the petition or resolution and to hear all persons   interested in the subject thereof concerning the same. The  board  shall   cause a copy of such order, certified by the town clerk, to be published   at least once in the official paper, the first publication thereof to be   not  less  than ten nor more than twenty days before the day set therein   for the hearing as aforesaid, and shall  cause  a  copy  thereof  to  be   posted  on the sign-board of the town maintained pursuant to subdivision   six of section thirty of this chapter and conspicuously in  five  public   places  along  the  street or highway or private road or right of way or   portion thereof to be improved not less than ten nor  more  than  twenty   days before the day designated for the hearing as aforesaid.8.  If  the town board shall determine after such hearing and upon the   evidence given thereat, that it is in the public interest  to  make  the   improvement,  the  board  shall  direct the engineer to prepare definite   plans and specifications and to make a careful estimate of the  expense,   and with the assistance of the town attorney or an attorney employed for   that  purpose,  to  prepare a proposed contract for the execution of the   work. Thereupon the  said  board  shall  examine  such  definite  plans,   specifications,  estimate  and the proposed contract, and may reject the   same or make such  modifications  and  changes  therein  as  shall  seem   necessary and desirable.9.  If the estimate of the cost of the improvement as prepared by said   engineer exceeds the maximum amount proposed to  be  expended  for  said   improvement,  the  town  board  shall  adopt  an order calling a further   public hearing at a definite place and time not less  than  fifteen  nor   more  than  twenty-five  days after such determination. A notice of such   further hearing shall be published and posted in the manner  hereinabove   in  this  section  provided and there shall be included in such notice a   statement that the improvement cannot be constructed within the  maximum   amount  proposed  to  be  expended,  the  cost  of  said  improvement as   estimated by the engineer, a brief description of  the  improvement  and   the  place  and  time  at which the town board will conduct such further   hearing. A copy of such notice shall also be sent by regular mail to the   last known address of each person  who  has  signed  the  petition,  but   failure  to  receive  said notice shall in no way affect the validity of   any proceedings hereunder. Such further hearing shall  be  conducted  in   the same manner as the original hearing upon the petition or resolution.10.  If  after such further hearing said board shall determine that it   is in the public interest to construct said improvement within the  cost   estimated by the engineer it shall adopt a resolution providing for such   definite  plans,  specifications, estimate and the proposed contract and   cause the improvement to be  constructed  all  in  the  same  manner  as   hereinbefore  in  this  chapter  provided  for the construction of trunk   sewers, drains and water systems. Where necessary,  provision  shall  be   made  in  such  resolution  for  acceptance  of any outstanding offer of   dedication of such street, highway, private road or right of way. In any   case where such public hearings were held as a result of the adoption of   a resolution by the town board in lieu  of  taking  action  pursuant  to    petition,  the  resolution provided in this subdivision shall be subject   to a permissive referendum in article seven of this chapter,  except  as   hereinafter  provided. The proposition submitted must be approved by the   affirmative vote of a majority of the owners of real property situate in   the  proposed  benefited  area described in the resolution as shown upon   the latest completed  assessment  roll  of  the  town,  voting  on  such   proposition.  A  petition requesting a referendum shall be sufficient if   it is initiated and signed, and acknowledged or proved, or authenticated   in the same manner as a  petition  for  improvements  pursuant  to  this   section.11.  Where  such  petition  or  resolution  is for the construction of   sidewalks, curbs, gutters,  culverts  and  other  necessary  underground   works  in  connection  therewith  along different streets or highways or   private roads or rights of way or portions of  streets  or  highways  or   private roads or rights of way, such construction of streets or highways   or  private  roads  or rights of way or portions thereof shall be deemed   one continuous street or highway or private road or right of way for the   purposes of this section.12. Where the petition or resolution seeks the improvement of  such  a   street  or  highway  or  private  road  or  right  of way not previously   dedicated, the amount to be expended for the improvement  shall  include   the  cost  of the proceeding to acquire so much land as may be necessary   to lay out such highway and the cost of the  land  and  the  town  board   shall  in  making  its  determination  authorize  and  direct  the  town   superintendent of highways to take and complete condemnation proceedings   pursuant to the applicable provisions of law and the town superintendent   shall take and complete such proceedings before such determination shall   become final.13. Any such street or highway or private road or  right  of  way  not   previously  dedicated  shall  not  be  less  than  three  rods in width,   provided however, that upon certification in writing by the commissioner   of transportation, of the necessity therefor  and  the  filing  of  such   certification  in  the  office  of the town clerk of such town, any such   highway may be of such width less than three rods  as  the  commissioner   shall specify in such certificate.14.  Any street or highway or private road or right of way improved or   laid out under this section shall after such improvement is constructed,   be maintained as a public highway under the applicable provisions of law   and not as a charge against such real property, anything in this article   to the contrary notwithstanding.