NY Town L § 199 (2021)
2021 New York Laws TWN - Town Article 12 - District and Special Improvements 199 - Proceedings for Lateral Sewers, Drains or Water Mains.

§  199.  Proceedings  for  lateral  sewers,  drains or water mains. 1. Powers of town board. Whenever a sewer, drainage or water district shall have been established by the town board and a trunk  system  of  sewers, drains  or water mains shall have been constructed therein or contracted for, the town board, upon a petition, or by a resolution adopted on  its own motion, and in the manner hereinafter provided:  (a) May construct lateral sewers, drains or water mains, respectively, in  or  along  any portion of any street or highway or easement acquired for such purpose, in any sewer or drainage  district  or  in  any  water district  in  which  the  expense  of  establishing  the district and of providing  improvements  therefor  must  be  apportioned  and  assessed, pursuant  to  section  two hundred two of this chapter, upon the several lots or parcels of land deemed benefited, in proportion to the amount of benefit which the improvement conferred upon the same.  (b) May construct lateral water mains in or along any portion  of  any street  or  highway  or easement acquired for such purpose, in any water district in which the  expense  of  establishing  the  district  and  of providing  improvements therefor must be assessed, levied and collected, pursuant to section two hundred two of this chapter,  from  the  several lots  or  parcels  of land within the district in the same manner and at the same time as other town charges.  (c) May construct lateral water mains in or along any portion  of  any street  or  highway  or easement acquired for such purpose, in any water district in which the  expense  of  establishing  the  district  and  of providing  improvements  therefor was apportioned and assessed, prior to January first, nineteen hundred thirty-four, upon the  several  lots  or parcels  of  land included in said district in proportion to the area of such lot or parcel of land to the total area of the district.   2. Petition or resolution and hearing thereon. Such petition  for  the construction of lateral sewers, drains or water mains shall be signed by the  owners  of real estate fronting or abutting upon either side of the street, highway or easement, or portion thereof, in which it is proposed to construct the improvement, to the extent of at least one-half of  the entire  frontage  on  both sides of said street, highway or easement, or portion thereof. If the proposed improvement will serve the property  on only one side of a street, highway or easement, or portion thereof, such petition  shall  be  signed  by  the owners of real property fronting or abutting upon the side to be served of said street, highway or  easement to  the  extent of at least one-half of the entire frontage on such side of said street, highway or easement, or portion thereof. If any of  such real  estate shall be owned by persons residing in or along such street, highway or easement, or portion thereof, the petition shall not be acted upon by the town board unless such petition shall be signed by  resident owners  owning not less than one-half of the aggregate frontage owned by resident owners residing in or along such street, highway  or  easement, or  portion  thereof specified in such petition; provided, however, that if such petition shall be signed by the owners of at  least  eighty  per cent  of  the aggregate frontage on such street, highway or easement, or portion  thereof  specified  in  such  petition,  then   the   foregoing requirement  as  to  the  signatures  of resident owners shall not apply thereto.  Such  petition  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. When any such petition  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  the  petition or adoption of such resolution as the case may be, the improvement proposed, the maximum amount proposed to be expended for the improvement as stated in the petition or the resolution, and  specifying the  time  when  and  place  where  said board will meet to consider the petition or the 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 not less than  ten  nor  more  than  twenty  days before the day designated for the hearing as aforesaid. The order of the town  board  providing  for a public hearing on a petition or resolution for the construction of lateral water mains pursuant to  paragraphs  (b) and  (c)  of  subdivision  one  shall  include, in addition to all other matters required to be specified therein, a statement that the  cost  of such  improvement,  if  constructed,  shall  be borne by the district at large.   3. Construction of improvement. 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. 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  as  stated  in  the  petition or resolution, 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 as stated in said petition or resolution, the cost  of  said improvement  as  estimated  by  the engineer, a brief description of the improvement and the place and time at which the 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 an original hearing upon a petition or resolution. 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 such  definite  plans, specifications,  estimate  and  the  proposed  contract  and  cause  the improvement to be constructed all in the  manner  hereinbefore  in  this chapter  provided for the construction of trunk sewers, drains and water systems. 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 for 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. Where such petition or resolution is  for  the construction  of  a lateral sewer, drain or water main through different streets or highways or easements or portions of streets or  highways  or easements,  such  lateral sewer, drain or water main shall be deemed one sewer, drain or water main, and such streets or highways or easements or portions thereof, one continuous  street  or  highway  or  easement  for purposes of this section.   4.  Effect  of  section  limited.  This section shall not apply to the construction of any lateral sewer, drain or water main described in  any map  or plan which shall have accompanied the petition or resolution for the establishment of a sewer, drainage or water district, provided  that the  cost  of  constructing  such  lateral  sewer,  drain  or water main together with the cost of every other improvement  constructed  pursuant to  such  petition  or  resolution  shall  not exceed the maximum amount proposed to be expended as stated in such petition or resolution.