N.Y. Town Law § 281: Municipal improvements in streets

§ 281. Municipal improvements in streets. No public municipal street

utility or improvement shall be constructed by the town in any street or

highway within that part of the town outside the limits of any

incorporated city or village until it has become a public street or

highway and is duly placed on the official map or plan, provided,

however, that subject to the discretion of the town board, a subsurface

utility or improvement operated for revenue by the town or by a special

district may be constructed by the town in a private street, provided a

public easement satisfactory to the town board is obtained for such

utility or improvement.