2023 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.