N.Y. Town Law § 200: Petition for street improvement and proceedings thereon

§ 200. Petition for street improvement and proceedings thereon. 1. The

owners of real estate fronting or abutting upon either side of a street

or highway or private road or right of way used for access to said

premises or to a portion thereof to the extent of at least one-half of

the entire frontage or bounds on both sides of said street or highway or

private road or right of way or portion thereof, may petition the town

board or the town board on its own motion may adopt a resolution to

improve said street or highway, private road or right of way or portion

thereof, by the construction of sidewalks, curbs, gutters, culverts, and

other necessary improvements in connection therewith, or by construction

and paving of such street or highway or private road, or right of way or

portion thereof; but such curbs, gutters, culverts and other necessary

improvements shall not be constructed under authority of this section

unless a pavement has been constructed prior thereto or is to be

constructed at the same time upon said street, highway, private road,

right of way or portion thereof.

2. If the proposed improvement will serve the property on only one

side of a street, highway, private road or right of way, or portion

thereof, the petition for such improvement shall be signed by the owners

of real property fronting or abutting upon the side to be served of said

street, highway, private road or right of way to the extent of at least

one-half of the entire frontage on such side of said street, highway,

private road or right of way, or portion thereof.

3. Streets or highways which may be improved pursuant to this section

shall include the portion of any state highway or county road which lies

within the town. No state highway shall be improved pursuant to this

section until the commissioner of transportation shall consent thereto

and approve the plans and specifications which shall be prepared

therefor as hereinafter provided. No county road shall be improved

pursuant to this section until the county superintendent of highways

shall consent thereto and approve the plans and specifications which

shall be prepared therefor as hereinafter provided.

4. Before any such street, highway, private road or right of way or

portion thereof other than a state highway or a county road shall be

improved pursuant to this section, the town board shall cause it to be

surveyed, and the lines and grades thereof to be established and such

survey and a profile of the grade shall be filed in the town clerk's

office.

5. But if there be any resident owners, no petition for improvements

shall be of any force or effect, nor shall such petition be acted upon

by said board unless thereon appear the signatures of resident owners

owning not less than one-half of the frontage owned by resident owners

residing in or along the street or highway or private road, right of way

or part of street or highway or private road or right of way covered or

represented by such petition; provided, however, that if such petition

shall have thereon the signatures of owners of real estate fronting or

abutting upon either side of the street or highway or private road,

right of way or portion of street or highway or private road or right of

way covered or represented by such petition to the extent of at least

eighty per centum of the entire frontage or bounds, then the foregoing

requirements as to signatures of resident owners shall not apply

thereto.

6. Such petition for improvements 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.

7. When a petition for improvement 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 such petition or adoption of such resolution as the case may be, the

improvement proposed, the maximum amount proposed to be expended for the

improvement and the area benefited as stated in the petition or the

resolution, and specifying the time when and the place where said board

will meet to consider the petition or 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 and conspicuously in five public

places along the street or highway or private road or right of way or

portion thereof to be improved not less than ten nor more than twenty

days before the day designated for the hearing as aforesaid.

8. 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.

9. 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, 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, the cost of said improvement as

estimated by the engineer, a brief description of the improvement and

the place and time at which the town 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 the original hearing upon the petition or resolution.

10. 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 a resolution providing for such

definite plans, specifications, estimate and the proposed contract and

cause the improvement to be constructed all in the same manner as

hereinbefore in this chapter provided for the construction of trunk

sewers, drains and water systems. Where necessary, provision shall be

made in such resolution for acceptance of any outstanding offer of

dedication of such street, highway, private road or right of way. 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 in this subdivision 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.

11. Where such petition or resolution is for the construction of

sidewalks, curbs, gutters, culverts and other necessary underground

works in connection therewith along different streets or highways or

private roads or rights of way or portions of streets or highways or

private roads or rights of way, such construction of streets or highways

or private roads or rights of way or portions thereof shall be deemed

one continuous street or highway or private road or right of way for the

purposes of this section.

12. Where the petition or resolution seeks the improvement of such a

street or highway or private road or right of way not previously

dedicated, the amount to be expended for the improvement shall include

the cost of the proceeding to acquire so much land as may be necessary

to lay out such highway and the cost of the land and the town board

shall in making its determination authorize and direct the town

superintendent of highways to take and complete condemnation proceedings

pursuant to the applicable provisions of law and the town superintendent

shall take and complete such proceedings before such determination shall

become final.

13. Any such street or highway or private road or right of way not

previously dedicated shall not be less than three rods in width,

provided however, that upon certification in writing by the commissioner

of transportation, of the necessity therefor and the filing of such

certification in the office of the town clerk of such town, any such

highway may be of such width less than three rods as the commissioner

shall specify in such certificate.

14. Any street or highway or private road or right of way improved or

laid out under this section shall after such improvement is constructed,

be maintained as a public highway under the applicable provisions of law

and not as a charge against such real property, anything in this article

to the contrary notwithstanding.