2023 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.