N.Y. Town Law § 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.