§ 199 — Proceedings for lateral sewers, drains or water mains

New York § 199

• Jurisdiction: New York
• Law TWN: Town
• Art. 12: District and Special Improvements

Text

§ 199. Proceedings for lateral sewers, drains or water mains. 1.\nPowers of town board. Whenever a sewer, drainage or water district shall\nhave been established by the town board and a trunk system of sewers,\ndrains or water mains shall have been constructed therein or contracted\nfor, the town board, upon a petition, or by a resolution adopted on its\nown motion, and in the manner hereinafter provided:\n (a) May construct lateral sewers, drains or water mains, respectively,\nin or along any portion of any street or highway or easement acquired\nfor such purpose, in any sewer or drainage district or in any water\ndistrict in which the expense of establishing the district and of\nproviding improvements therefor must be apportioned and assessed,\npursuant to section two hundred two of this chapter, upon the several\nlots or parcels of land deemed benefited, in proportion to the amount of\nbenefit which the improvement conferred upon the same.\n (b) May construct lateral water mains in or along any portion of any\nstreet or highway or easement acquired for such purpose, in any water\ndistrict in which the expense of establishing the district and of\nproviding improvements therefor must be assessed, levied and collected,\npursuant to section two hundred two of this chapter, from the several\nlots or parcels of land within the district in the same manner and at\nthe same time as other town charges.\n (c) May construct lateral water mains in or along any portion of any\nstreet or highway or easement acquired for such purpose, in any water\ndistrict in which the expense of establishing the district and of\nproviding improvements therefor was apportioned and assessed, prior to\nJanuary first, nineteen hundred thirty-four, upon the several lots or\nparcels of land included in said district in proportion to the area of\nsuch lot or parcel of land to the total area of the district.\n 2. Petition or resolution and hearing thereon. Such petition for the\nconstruction of lateral sewers, drains or water mains shall be signed by\nthe owners of real estate fronting or abutting upon either side of the\nstreet, highway or easement, or portion thereof, in which it is proposed\nto construct the improvement, to the extent of at least one-half of the\nentire frontage on both sides of said street, highway or easement, or\nportion thereof. If the proposed improvement will serve the property on\nonly one side of a street, highway or easement, or portion thereof, such\npetition shall be signed by the owners of real property fronting or\nabutting upon the side to be served of said street, highway or easement\nto the extent of at least one-half of the entire frontage on such side\nof said street, highway or easement, or portion thereof. If any of such\nreal estate shall be owned by persons residing in or along such street,\nhighway or easement, or portion thereof, the petition shall not be acted\nupon by the town board unless such petition shall be signed by resident\nowners owning not less than one-half of the aggregate frontage owned by\nresident owners residing in or along such street, highway or easement,\nor portion thereof specified in such petition; provided, however, that\nif such petition shall be signed by the owners of at least eighty per\ncent of the aggregate frontage on such street, highway or easement, or\nportion thereof specified in such petition, then the foregoing\nrequirement as to the signatures of resident owners shall not apply\nthereto. Such petition shall be signed by the petitioners, and\nacknowledged or proved in the same manner as a deed to be recorded, or\nauthenticated in the manner provided by the election law for the\nauthentication of nominating petitions, and shall state the maximum\namount proposed to be expended for the improvement. A resolution adopted\npursuant to subdivision one of this section shall state the improvement\nproposed, the maximum amount proposed to be expended and the area\nbenefited. When any such petition containing the required signatures\nshall have been presented or a resolution adopted by the town board on\nits own motion, the town board shall adopt an order and enter the same\nin the minutes of its proceedings, reciting in general terms the filing\nof the petition or adoption of such resolution as the case may be, the\nimprovement proposed, the maximum amount proposed to be expended for the\nimprovement as stated in the petition or the resolution, and specifying\nthe time when and place where said board will meet to consider the\npetition or the resolution and to hear all persons interested in the\nsubject thereof concerning the same. The board shall cause a copy of\nsuch order, certified by the town clerk, to be published at least once\nin the official paper, the first publication thereof to be not less than\nten nor more than twenty days before the day set therein for the hearing\nas aforesaid, and shall cause a copy thereof to be posted on the\nsign-board of the town maintained pursuant to subdivision six of section\nthirty of this chapter not less than ten nor more than twenty days\nbefore the day designated for the hearing as aforesaid. The order of the\ntown board providing for a public hearing on a petition or resolution\nfor the construction of lateral water mains pursuant to paragraphs (b)\nand (c) of subdivision one shall include, in addition to all other\nmatters required to be specified therein, a statement that the cost of\nsuch improvement, if constructed, shall be borne by the district at\nlarge.\n 3. Construction of improvement. If the town board shall determine,\nafter such hearing and upon the evidence given thereat, that it is in\nthe public interest to make the improvement, the board shall direct the\nengineer to prepare definite plans and specifications, and to make a\ncareful estimate of the expense, and with the assistance of the town\nattorney, or an attorney employed for that purpose, to prepare a\nproposed contract for the execution of the work. Thereupon the said\nboard shall examine such definite plans, specifications, estimate and\nthe proposed contract, and may reject the same or make such\nmodifications and changes therein as shall seem necessary and desirable.\nIf the estimate of the cost of the improvement as prepared by said\nengineer exceeds the maximum amount proposed to be expended for said\nimprovement as stated in the petition or resolution, the town board\nshall adopt an order calling a further public hearing at a definite\nplace and time not less than fifteen nor more than twenty-five days\nafter such determination. A notice of such further hearing shall be\npublished and posted in the manner hereinabove in this section provided\nand there shall be included in such notice a statement that the\nimprovement cannot be constructed within the maximum amount proposed to\nbe expended as stated in said petition or resolution, the cost of said\nimprovement as estimated by the engineer, a brief description of the\nimprovement and the place and time at which the board will conduct such\nfurther hearing. A copy of such notice shall also be sent by regular\nmail to the last known address of each person who has signed the\npetition, but failure to receive said notice shall in no way affect the\nvalidity of any proceedings hereunder. Such further hearing shall be\nconducted in the same manner as an original hearing upon a petition or\nresolution. If after such further hearing said board shall determine\nthat it is in the public interest to construct said improvement within\nthe cost estimated by the engineer it shall adopt such definite plans,\nspecifications, estimate and the proposed contract and cause the\nimprovement to be constructed all in the manner hereinbefore in this\nchapter provided for the construction of trunk sewers, drains and water\nsystems. In any case where such public hearings were held as a result of\nthe adoption of a resolution by the town board in lieu of taking action\npursuant to petition, the resolution provided for shall be subject to a\npermissive referendum in article seven of this chapter, except as\nhereinafter provided. The proposition submitted must be approved by the\naffirmative vote of a majority of the owners of real property situate in\nthe proposed benefited area described in the resolution as shown upon\nthe latest completed assessment roll of the town, voting on such\nproposition. A petition requesting a referendum shall be sufficient if\nit is initiated and signed, and acknowledged or proved, or\nauthenticated, in the same manner as a petition for improvements\npursuant to this section. Where such petition or resolution is for the\nconstruction of a lateral sewer, drain or water main through different\nstreets or highways or easements or portions of streets or highways or\neasements, such lateral sewer, drain or water main shall be deemed one\nsewer, drain or water main, and such streets or highways or easements or\nportions thereof, one continuous street or highway or easement for\npurposes of this section.\n 4. Effect of section limited. This section shall not apply to the\nconstruction of any lateral sewer, drain or water main described in any\nmap or plan which shall have accompanied the petition or resolution for\nthe establishment of a sewer, drainage or water district, provided that\nthe cost of constructing such lateral sewer, drain or water main\ntogether with the cost of every other improvement constructed pursuant\nto such petition or resolution shall not exceed the maximum amount\nproposed to be expended as stated in such petition or resolution.\n