2023 New York Laws › VIL - Village › Article 6 - Streets, Sidewalks and Public Grounds › 6-630 - Provisions Governing the Improvement of Highways in Villages.

§  6-630 Provisions governing the improvement of highways in villages.
  l. The term "highway improvement," as used in this section,  shall  mean
  the  filling,  excavating,  grading,  paving, draining and the laying of
  curbs, gutters, sidewalks upon or otherwise improving a  state  highway,
  or  a  highway constructed under a special act of the legislature having
  the status of a state highway, in any village, or any one or more or all
  of such improvements.
2. The board  of  trustees  of  any  village  may  cause  any  highway
  improvement  to  be  made  on  its  own motion pursuant to the following
  procedure: Upon the  approval  of  plans  and  specifications  for  such
  highway improvement by the board of trustees, such board of trustees, by
  majority  vote,  may  pass  a  resolution  of  intention  to  make  such
  improvements and provide for the method of apportioning the cost thereof
  and a public hearing therefor called by the board of trustees  shall  be
  held  thereupon. The notice of hearing shall state the time and place of
  the hearing and, in general terms, the purpose thereof and the  proposed
  method  of  apportioning  the costs of the contemplated improvement, and
  such notice shall be published at least twice in the official  newspaper
  of  the  village,  or,  if  there  be  no  official newspaper, then in a
  newspaper of general circulation in the village, the  first  publication
  to  be made not less than ten days before the date of hearing. After the
  hearing the board of trustees may determine to proceed with such highway
  improvement or may abandon the same.
3. If the board of trustees determines to proceed  with  such  highway
  improvement, such highway improvement may be made and contracts therefor
  may  be  let as in the case of other village street improvements, but no
  contract  shall  be  entered  into  unless  and  until   such   proposed
  improvement  has  been  consented  to  and  the plans and specifications
  therefor have been approved by the board,  officer,  governing  body  or
  governing  bodies  having control, supervision or jurisdiction over such
  highway.
4. The board of trustees, in its discretion, may provide that the cost
  of any one or more or all of such highway improvements  shall  be  borne
  partly  by  the  village  at  large  and  partly  by the lands benefited
  thereby; or such board may provide that the cost of any one or  more  or
  all of such highway improvements shall be borne by the village at large;
  or  such  board  may  provide that the cost of any one or more or all of
  such highway  improvement  may  be  assessed  entirely  upon  the  lands
  benefited thereby.
5.  At any time after letting the contract or contracts, if all or any
  part of the cost of the proposed improvements is to be borne by  special
  assessment, assessments may be made, levied and confirmed.
6.  A  resolution,  passed pursuant to the provisions of this section,
  including any resolution for making the improvement or apportioning  the
  cost  thereof  shall  not  be subject to permissive referendum under the
  provisions of the village law unless the entire cost of any one or  more
  or  all  of such improvements is to be borne by the village at large and
  is to be paid from taxes levied  for  the  fiscal  year  in  which  such
  expenditure is to be made, in which case the resolution, authorizing the
  improvement,  shall  be  subject to permissive referendum as provided in
  the village law.