2023 New York Laws › HAY - Highway › Article 8 - Town Highways › 218 - Storm Water Sewers in Town Highways.

§  218.  Storm water sewers in town highways. 1. Storm water laterals,
  petition for improvement. The town board  may,  in  any  town  where  an
  outlet  drain  or  sewer  has been or is to be constructed in any public
  highway, construct one or more storm water drains or sewers  in  one  or
  more streets within the town, from time to time, entirely at the expense
  of  the  owners of the land fronting on said street, streets or portions
  thereof, wherein said storm water drain or sewer or drains or sewers are
  constructed, provided a petition therefore  be  presented  to  the  town
  board  signed  and  acknowledged by at least a majority of the owners of
  real property fronting on  said  street,  streets  or  portions  thereof
  wherein  it is proposed to lay out and construct said storm water drain,
  or sewer, or drains or sewers. The town board shall, upon receipt  of  a
  petition  as aforesaid, give notice of and hold a public hearing thereon
  at which all persons interested shall be  entitled  to  be  heard.  Such
  notice  shall  specify  the time and place of hearing and be served upon
  the owners of the land fronting upon said street,  streets  or  portions
  thereof  set  forth  and  described  in said petition, by mailing a copy
  thereof to their last known addresses, or by publishing the said  notice
  once each week for two weeks in a newspaper circulating in said town, or
  by  either  or  any  one  of said methods, the mailing of said notice or
  first publication thereof to be not less than ten days prior to the date
  of such hearing.
2. Construction of storm water laterals. If the town board  shall  act
  favorably  upon  said  petition,  they  shall, by resolution direct that
  suitable plans be prepared showing the  locations  of  such  lateral  or
  laterals,  the  street  or  streets  or  portions thereof proposed to be
  sewered thereby, and showing where the same are to be connected with the
  existing or proposed storm water outlet drain or sewer, and  may  employ
  an  engineer to prepare such plans. The town board, after the plans have
  been prepared  and  adopted,  may  obtain  from  the  superintendent  of
  highways  of the town, an estimate of the cost of said construction, and
  after approving the estimate authorize and direct the superintendent  of
  highways  of  the  town, without a contract, to construct the said storm
  water sewer or drain, or sewers or  drains,  or  may  contract  for  the
  construction  of said sewers, after advertisement for bids. The contract
  shall be awarded to the lowest bidder, unless all bids are rejected,  in
  which  case  the  town  board may readvertise for bids. If the estimated
  cost of construction is less than five hundred dollars, the  town  board
  may  let  such  contract for such construction without advertisement and
  without  competitive  bidding.  Where  the  construction  is  under  the
  supervision  of  the  town superintendent of highways, he shall have the
  authority, with the approval of the town board, to employ the  necessary
  labor  and  may use such town machinery as is not in use on town highway
  construction. Nothing contained in this section shall  be  construed  to
  limit the operation of any provision of law requiring the consent of the
  state   commissioner  of  transportation,  a  county  superintendent  of
  highways or the governing board of any city or village to the laying  of
  sewer pipes under any street or highway.
3.  Payment  of  cost  of  construction.  After  the  town  board  has
  ascertained the  expense  of  the  improvements  provided  for  in  this
  section, it may use moneys of the town which are not otherwise committed
  or  appropriated to pay the cost of such construction or may finance the
  same, in whole or in part, pursuant to the local  finance  law.  If  any
  obligations  are issued, such obligations, with interest, shall be paid,
  or the town reimbursed to the extent of the town surplus moneys so used,
  as the case may be, out of the moneys derived as herein provided.  After
  the town board has ascertained the cost of such  improvement,  including
  necessary  engineering,  legal and inspection fees and disbursements, it

  shall apportion and assess the expense thereof upon the lands  benefited
  and  fronting  upon  the street, streets or portions thereof improved as
  aforesaid, in such amount against each lot or parcel as  it  deems  just
  and  reasonable.  Notice of such assessment shall be given to the owners
  of said real property in the same manner as herein provided  for  notice
  of  hearing  on  said  petition,  which  notice shall state, among other
  things, that said assessments have been made, and that  at  a  specified
  time  and  place the town board will meet for the purpose of hearing and
  considering any objections which may be made to  said  assessments.  The
  town board shall meet at the time and place specified in said notice and
  shall  determine  all  objections made to such assessment, including the
  amount thereof, and shall change or amend  the  same  as  they  deem  it
  necessary  or  just so to do and affirm and adopt the same as so changed
  and amended or as originally proposed, as the  case  may  be.  The  town
  board  shall  prepare a statement showing the amount of such assessment,
  which shall include a sum sufficient to meet interest on moneys borrowed
  to pay the cost of such construction, and the lots or  parcels  of  land
  liable  to  pay  the  same  and the amount chargeable to each. When such
  assessment shall have been confirmed, a period of thirty days  shall  be
  given  in  which such assessments may be paid in full and the obligation
  thereof cancelled. The town board  shall  by  resolution  determine  the
  number  of  annual  installments, not exceeding three, within which such
  assessments not so paid, in full, may be paid, and may  further  provide
  for  the  addition thereto of interest at the rate of six per centum per
  annum from the date of such assessment  to  the  date  upon  which  such
  annual  installment  shall become payable.  A statement of the amount of
  such annual installments, together with the  lots  or  parcels  of  land
  liable  to  pay  the  same  and  the amount chargeable to each, shall be
  delivered to the supervisor who shall transmit the same to the board  of
  supervisors  of  the  county.  The  board of supervisors shall levy such
  amounts against the property liable and shall state the  amount  of  the
  tax  in  a  separate column in the annual tax roll under the name "storm
  water sewer  tax."  Such  tax  when  collected  shall  be  paid  to  the
  supervisor,  and be by him applied in payment of said certificates or to
  reimburse the town, if the cost of said improvement has been  paid  from
  moneys  of the town. The amount apportioned by the town board on any lot
  or parcel and any tax levied for the collection thereof shall be a  lien
  prior  and  superior to any lien or claim except the lien of an existing
  tax or local assessment.
4. Control over storm water sewers. All storm water sewers  or  drains
  constructed  in  highways,  pursuant  to the provisions of this section,
  shall be maintained under the supervision of the town superintendent  of
  highways,  and  the  expense  thereof  shall  be a town charge. The town
  superintendent shall annually at the time of submission of his  estimate
  of  moneys  necessary  for  highway purposes submit to the town board an
  estimate of the amount of money necessary for maintenance of such  storm
  water sewers. The town board shall have the power to make such rules and
  regulations as may be necessary for the proper management and control of
  such storm water sewers.