N.Y. Highway Law § 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.