NY Vill L § 17-1718 (2021)
2021 New York Laws VIL - Village Article 17 - Provisions Applicable to a Village Embracing the Entire Territory of a Town 17-1718 - Sewer Districts.

§ 17-1718 Sewer districts. 1. In every such village any sewer district created  or  organized  under  the  provisions  of  the  town  law shall continue, and the board of trustees shall be and they are hereby  vested with  the  management  and  control  thereof,  and  of the sewer systems constructed or to be constructed therein, and of the assessment  of  the costs  and  expenses  thereof,  and  in  every such village the board of trustees may  establish  one  or  more  additional  sewer  districts  as hereinafter  provided,  which such sewer districts shall be managed, and the costs and expenses thereof shall be assessed, as herein provided.   2. In case a system of sewers to serve the said  district  shall  have been  authorized as provided in the town law and maps and plans therefor shall have been approved by the state department of health the board  of trustees  may  construct  and  complete the sewers so authorized and may make extensions thereof and may modify and change the plans thereof,  by resolution  at  any  regular  or  at  any special meeting called for the purpose; provided notice that the board of trustees will  act  upon  the question  of  authorizing the construction of specified portions of such sewer  system,  or  specified  extensions  thereof,  or  upon  specified modifications  thereof,  at a time and place to be stated therein, shall have been posted in at least  four  public  places  in  the  said  sewer district  and  shall  have  been  published in the official paper, or if there be no official paper, in such newspaper published in the county as the board of trustees may select, at least twenty-one days  before  such meeting.  In  the event that the village maintains a website, one of the posting requirements may be fulfilled by posting such information on the website.   3. Any moneys advanced from the general fund of such village  for  the payment  of  the principal and interest of any obligations issued to pay for all or part of  such  construction  shall  be  reimbursed  from  the assessments hereinafter provided.   4.  In  case the board of trustees shall authorize the construction of any such extension or extensions to the sewer  system,  which  have  not been  approved  by  the  state engineer or in case the board of trustees shall modify or change the plans for the construction and completion  of the  said  sewer system or any portion thereof or of any such extensions which have theretofore been approved by the  state  engineer,  maps  and plans  of such extension or extensions and of the portions of the system so modified or changed, prepared  by  a  competent  engineer  under  the authority  and  direction  of the board of trustees shall be approved by the state department of health as required by law before the same  shall be constructed.   5.  The  board  of  trustees  shall  advertise  for  proposals for the construction of such extension or extensions according to such maps  and plans  either  under an entire contract or in parts, or sections, as the board may determine, and such advertisement shall be published  once  in each  of  two  successive weeks in the official paper, or if there be no official paper then in such newspaper published in  the  county  as  the trustees  may select.  The board of trustees may accept or reject any or all proposals and shall let  the  contract  to  the  lowest  responsible bidder.  The  board  of  trustees  may require bidders to give a bond or other security to be forfeited to the village in case the bidder to whom the award is made shall refuse or neglect to  enter  into  the  required contract,  and may require the successful bidder to give a bond or other security in an amount to be fixed by the board of  trustees  conditioned upon  the faithful performance of the contract.  Such contracts shall be executed in the name of the village in duplicate and  one  copy  thereof shall be filed in the office of the village clerk.    6.  The board of trustees may employ engineers, and such inspectors as may be necessary, to prepare maps, plans, specifications and  estimates, and to supervise the construction, and may fix their compensation which, together  with the cost of preparing the maps, plans and specifications, and  the  cost of the necessary real property or interest therein, shall be treated as a part of the expense of construction.   7. If the board of trustees are unable to agree with  the  owners  for the  purchase of any real property or any interest therein necessary for the construction of the  said  sewer  system  or  of  any  extension  or extensions  thereto  they  may  acquire the same by condemnation, in the name of the village.   8. The board of trustees shall determine by resolution the  amount  of moneys  required  to  pay  the principal and interest of all outstanding obligations issued to pay the cost of constructing the sewer system, and the extensions thereto, and the cost of maintaining  and  operating  the same, and all other lawful charges against the said sewer system for the ensuing  fiscal year and assess the amount thereof upon the lands within the sewer district in proportion as nearly as  may  be  to  the  benefit which  each  lot  or parcel shall derive therefrom, and shall enter such assessments in a book suitable for the purpose,  which  shall  show  the section,  block  and  lot  number, or other suitable description of each piece or parcel of land in the said  sewer  district,  with  the  amount assessed  against  each  such  piece  or  parcel  of  land respectively. Thereafter the provisions of the village law  relating  to  the  filing, correction,  completion  and  review of the village assessment-roll, and relating to the levy, collection and lieu of village taxes  shall  apply to   the  filing,  correction,  completion  and  review  of  such  sewer assessment and to the levy, collection and lien thereof,  as  nearly  as may  be, except that the powers and duties of the assessors with respect thereto shall devolve upon and be performed by the board of trustees.   9. In  case  there  be  an  unexpended  balance  remaining  after  the completion of any contract or contracts for the construction of any such sewer  system or of any extension or extensions thereto and such balance is not derived from bonds, bond anticipation notes or capital notes  the board of trustees shall, by resolution, use the same or any part thereof for  the  payment  of  the cost of constructing extensions to such sewer system in said district or for the purpose of retiring outstanding bonds issued to pay for the construction of such sewer  system  or  extensions thereto.    Any unexpended balance remaining from the proceeds of bonds, bond anticipation notes or capital notes shall be disposed  of  pursuant to section 165.00 of the local finance law.   10.  The board of trustees shall adopt rules and regulations to govern the maintenance and use of the sewer system and shall  therein  fix  the amount  of  fees  that  shall  be  chargeable to individuals or property owners who may wish to enter or use the sewer system, which fee shall be sufficient in amount  to  pay  for  the  cost  of  inspection,  and  may prescribe  the  terms  and conditions upon which connections may be made therewith, and the manner in which the  same  shall  be  made,  and  may provide  reasonable  penalties  for  the  violation  of  such  rules and regulations to be collected at the suit of the village for  the  use  of the sewer district.   11.  The  board  of trustees may cause a notice to be published in the official paper and posted in at least ten conspicuous public  places  in the district, requiring the owners or occupants of all property fronting or  abutting  on  any street or portion thereof in the town in which any public sewer is about to be laid or is being laid or has  been  laid  to make and lay connection pipes to and from the sewer mains in such street or  any  portion  thereof  in  front of each separate piece of property,  within such times and in such manner and under such inspection  as  such board  shall  prescribe;  and  whenever any such owner or occupant shall have made default in making such connection as directed in and  required by  such  printed  notice  therefor,  in  the manner and within the time specified, such board shall have power and authority to make, extend and complete the same to the property line of  the  lands  and  premises  so owned  or occupied opposite thereto and in front thereof, and to connect the same with any existing pipe in front thereof, and the actual expense thereof, including all labor  done  and  materials  used  in  doing  and completing  the  same, shall be assessed by the board upon each separate piece of property opposite which the same shall be done  and  completed. For  the  purposes  of  this  section,  in  the  event  that the village maintains a website, one of the posting requirements  required  by  this subdivision may be fulfilled by posting such notice on the website.   12.  In  every such sewer district it shall be the duty of the owners, or if the owner be a nonresident of the district, of the  occupants,  of premises  which can be connected with any portion of the sewer system at any time constructed, and  which  premises  are  occupied  or  used  for residential,   business,  or  other  purposes  in  which  sewage  matter originates, to connect such premises with the said  sewer  system  under the  rules  and  regulations  adopted  by the board of trustees relating thereto, and in case such owner, or occupants, shall fail or neglect  to make  and complete such connections within thirty days from the personal service upon him of a certified copy of a resolution  of  the  board  of trustees requiring such connection or connections to be made he shall be liable  to  a  fine  not exceeding fifty dollars in amount and shall, in addition thereto, be liable to a  fine  not  exceeding  ten  dollars  in amount  for  each day during which such default shall continue after the expiration of such period of thirty days, to be collected at the suit of the village for the use of the sewer district.  In case the cost of such connection shall be paid by the occupant he may recover  the  same  from the owner or may deduct the same from any sums due or to become due from him to such owner.   13.  Nothing  herein  shall  prevent the construction of extensions to such sewer system in accordance with the provisions of article  fourteen of this chapter.   14.  (a)  In  every such village the board of trustees on a petition signed and acknowledged by the owners of more than fifty per  centum  in value  of  the  taxable real property in any proposed sewer district, as shown by the last completed village assessment roll, and after a  public hearing  thereon,  may,  by  resolution,  establish  one  or  more sewer districts in such village. Such petition shall describe  the  boundaries of  the  proposed  sewer  district and each subscriber thereto shall set opposite his name the assessed value of the real property owned  by  him therein,  as  shown on the said last completed assessment roll, and such petition shall contain a statement of the maximum amount proposed to  be expended in the construction of such sewerage system and shall also have a  statement  conspicuously  printed  thereon  as  follows: "The cost of construction and maintenance of such sewer  system  shall  be  assessed, from  year  to  year, by the board of trustees, upon the land within the sewer district in proportion as nearly as may be to  the  benefit  which each  lot or parcel will derive therefrom"; and such petition shall have annexed thereto a map of such proposed sewer district and a plan  for  a comprehensive  system  of  sanitary  sewers designed, when completed, to serve the entire district together with  plans  and  specifications  for sewage  treatment  or  disposal works. The signature of a property owner shall be acknowledged by him or it may  be  proved  by  the  oath  of  a witness  who  shall swear that he knows the property owners and that the  petition was signed by the  property  owners  in  the  presence  of  the witness.  The petition may be in the form of separate sheets, each sheet containing at the top thereof, the complete wording of the petition, and when  bound  together  and  offered for filing, these shall be deemed to constitute one petition. On  receipt  of  such  petition  the  board  of trustees  shall  grant  a public hearing before taking any action on the petition at which time full opportunity to be heard shall be granted  to all  officials,  residents,  voters, taxpayers, property owners or other persons  or  corporations  in  any  way  affected   by   the   granting, modification  or  denial  of the petition. Notice of the time, place and purpose of such hearing, containing a description of the extent  of  the proposed  sewer  system,  shall  be  given by such board by posting such notice in four of the most public places within  the  village  at  least twenty-one days prior thereto and by publishing a notice in the official newspaper once in each of the three weeks immediately preceding the week in  which  the  hearing  is  to  be  held. In the event that the village maintains a website, one of the posting requirements may be fulfilled by posting such information  on  the  website.  After  a  hearing  held  in accordance  with  this  notice  and  upon the evidence given thereat the board of trustees shall determine whether it is in the  public  interest to  grant the petition, modify it or deny the relief sought. A signed or certified copy of the determination of the board of  trustees  shall  be duly  recorded  in the office of the county clerk of the county in which such village is located  and  when  so  recorded  shall  be  presumptive evidence  of  the  regularity  of the creation of the sewerage system by said board. Said action shall be subject to review  by  certiorari  upon application  made  within  thirty days following date of filing with the county clerk which application shall be accompanied  by  an  undertaking approved  by  the  supreme  court  or  a  justice thereof, providing for reimbursing the expenses of the board of trustees  in  the  event  their determination  is  not modified. At the expiration of the period allowed for certiorari proceedings and subject to the reviewing  court's  order, if  any,  the board of trustees shall proceed to construct such sewerage system but before any part of the sewerage system is constructed in  any such sewer district the maps and plans therefor shall be approved by the state department of health. In passing upon said plans due consideration shall  be  given to the adaptability of the proposed sewerage system for the district to possible future  enlargements  and  to  inclusion  in  a general  sewerage  system to care for the village as a whole or parts of the village forming natural drainage areas. The cost of  preparing  such maps  and plans in the first instance shall be borne by the petitioners, but the reasonable amount thereof as audited and allowed by the board of trustees, shall be a charge against the said sewer district, if the same is established.  (b) In case any such sewer district shall be  established,  as  herein provided,  the  board  of  trustees  may from time to time authorize the construction under one or more contracts, or by village forces  of  all, or any portion or portions of, the sewer system therein.  The amounts of principal and interest of any obligations issued for the construction of the  sewer  system  falling  due  in any year, together with the cost of maintaining, repairing and operating the said sewers, shall be  assessed from  year  to  year  upon  the  real  property  within such district in proportion as nearly as may be to the benefit which each lot  or  parcel of land will derive therefrom.  (c)  The  board  of  trustees of said village and the body, officer or board having control of the sewers in any other municipality shall  have power  to  contract  in the names of their respective municipalities for the use of any such sewer district or outlet  or  other  facilities  and  appurtenances  owned, controlled or operated by such other municipality, and agree upon the value thereof  and  upon  the  method  and  times  of payment therefor.  (d) The board of trustees may appoint a sewer commission to construct, manage  and operate the sewers in any such sewer district, whose members shall hold office during the pleasure of the board of trustees, and  who shall  perform  such  duties  and  exercise  such powers as the board of trustees may from time to time prescribe.  (e) The provisions of section 17-1718 of this article shall  apply  to any  sewer  district  established  pursuant  to  the  provisions of this subdivision.