§ 200 — Petition for street improvement and proceedings thereon

§ 200. Petition for street improvement and proceedings thereon. 1. The\nowners of real estate fronting or abutting upon either side of a street\nor highway or private road or right of way used for access to said\npremises or to a portion thereof to the extent of at least one-half of\nthe entire frontage or bounds on both sides of said street or highway or\nprivate road or right of way or portion thereof, may petition the town\nboard or the town board on its own motion may adopt a resolution to\nimprove said street or highway, private road or right of way or portion\nthereof, by the construction of sidewalks, curbs, gutters, culverts, and\nother necessary improvements in connection therewith, or by construction\nand paving of such street or highway or private road, or right of way or\nportion thereof; but such curbs, gutters, culverts and other necessary\nimprovements shall not be constructed under authority of this section\nunless a pavement has been constructed prior thereto or is to be\nconstructed at the same time upon said street, highway, private road,\nright of way or portion thereof.\n 2. If the proposed improvement will serve the property on only one\nside of a street, highway, private road or right of way, or portion\nthereof, the petition for such improvement shall be signed by the owners\nof real property fronting or abutting upon the side to be served of said\nstreet, highway, private road or right of way to the extent of at least\none-half of the entire frontage on such side of said street, highway,\nprivate road or right of way, or portion thereof.\n 3. Streets or highways which may be improved pursuant to this section\nshall include the portion of any state highway or county road which lies\nwithin the town. No state highway shall be improved pursuant to this\nsection until the commissioner of transportation shall consent thereto\nand approve the plans and specifications which shall be prepared\ntherefor as hereinafter provided. No county road shall be improved\npursuant to this section until the county superintendent of highways\nshall consent thereto and approve the plans and specifications which\nshall be prepared therefor as hereinafter provided.\n 4. Before any such street, highway, private road or right of way or\nportion thereof other than a state highway or a county road shall be\nimproved pursuant to this section, the town board shall cause it to be\nsurveyed, and the lines and grades thereof to be established and such\nsurvey and a profile of the grade shall be filed in the town clerk's\noffice.\n 5. But if there be any resident owners, no petition for improvements\nshall be of any force or effect, nor shall such petition be acted upon\nby said board unless thereon appear the signatures of resident owners\nowning not less than one-half of the frontage owned by resident owners\nresiding in or along the street or highway or private road, right of way\nor part of street or highway or private road or right of way covered or\nrepresented by such petition; provided, however, that if such petition\nshall have thereon the signatures of owners of real estate fronting or\nabutting upon either side of the street or highway or private road,\nright of way or portion of street or highway or private road or right of\nway covered or represented by such petition to the extent of at least\neighty per centum of the entire frontage or bounds, then the foregoing\nrequirements as to signatures of resident owners shall not apply\nthereto.\n 6. Such petition for improvements shall be signed by the petitioners,\nand acknowledged or proved in the same manner as a deed to be recorded,\nor authenticated 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.\n 7. When a petition for improvement 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 such petition or adoption of such resolution as the case may be, the\nimprovement proposed, the maximum amount proposed to be expended for the\nimprovement and the area benefited as stated in the petition or the\nresolution, and specifying the time when and the place where said board\nwill meet to consider the petition or resolution and to hear all persons\ninterested in the subject thereof concerning the same. The board shall\ncause a copy of such order, certified by the town clerk, to be published\nat least once in the official paper, the first publication thereof to be\nnot less than ten nor more than twenty days before the day set therein\nfor the hearing as aforesaid, and shall cause a copy thereof to be\nposted on the sign-board of the town maintained pursuant to subdivision\nsix of section thirty of this chapter and conspicuously in five public\nplaces along the street or highway or private road or right of way or\nportion thereof to be improved not less than ten nor more than twenty\ndays before the day designated for the hearing as aforesaid.\n 8. If the town board shall determine after such hearing and upon the\nevidence given thereat, that it is in the public interest to make the\nimprovement, the board shall direct the engineer to prepare definite\nplans and specifications and to make a careful estimate of the expense,\nand with the assistance of the town attorney or an attorney employed for\nthat purpose, to prepare a proposed contract for the execution of the\nwork. Thereupon the said board shall examine such definite plans,\nspecifications, estimate and the proposed contract, and may reject the\nsame or make such modifications and changes therein as shall seem\nnecessary and desirable.\n 9. If the estimate of the cost of the improvement as prepared by said\nengineer exceeds the maximum amount proposed to be expended for said\nimprovement, the town board shall adopt an order calling a further\npublic hearing at a definite place and time not less than fifteen nor\nmore than twenty-five days after such determination. A notice of such\nfurther hearing shall be published and posted in the manner hereinabove\nin this section provided and there shall be included in such notice a\nstatement that the improvement cannot be constructed within the maximum\namount proposed to be expended, the cost of said improvement as\nestimated by the engineer, a brief description of the improvement and\nthe place and time at which the town board will conduct such further\nhearing. A copy of such notice shall also be sent by regular mail to the\nlast known address of each person who has signed the petition, but\nfailure to receive said notice shall in no way affect the validity of\nany proceedings hereunder. Such further hearing shall be conducted in\nthe same manner as the original hearing upon the petition or resolution.\n 10. If after such further hearing said board shall determine that it\nis in the public interest to construct said improvement within the cost\nestimated by the engineer it shall adopt a resolution providing for such\ndefinite plans, specifications, estimate and the proposed contract and\ncause the improvement to be constructed all in the same manner as\nhereinbefore in this chapter provided for the construction of trunk\nsewers, drains and water systems. Where necessary, provision shall be\nmade in such resolution for acceptance of any outstanding offer of\ndedication of such street, highway, private road or right of way. In any\ncase where such public hearings were held as a result of the adoption of\na resolution by the town board in lieu of taking action pursuant to\npetition, the resolution provided in this subdivision shall be subject\nto a permissive 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 authenticated\nin the same manner as a petition for improvements pursuant to this\nsection.\n 11. Where such petition or resolution is for the construction of\nsidewalks, curbs, gutters, culverts and other necessary underground\nworks in connection therewith along different streets or highways or\nprivate roads or rights of way or portions of streets or highways or\nprivate roads or rights of way, such construction of streets or highways\nor private roads or rights of way or portions thereof shall be deemed\none continuous street or highway or private road or right of way for the\npurposes of this section.\n 12. Where the petition or resolution seeks the improvement of such a\nstreet or highway or private road or right of way not previously\ndedicated, the amount to be expended for the improvement shall include\nthe cost of the proceeding to acquire so much land as may be necessary\nto lay out such highway and the cost of the land and the town board\nshall in making its determination authorize and direct the town\nsuperintendent of highways to take and complete condemnation proceedings\npursuant to the applicable provisions of law and the town superintendent\nshall take and complete such proceedings before such determination shall\nbecome final.\n 13. Any such street or highway or private road or right of way not\npreviously dedicated shall not be less than three rods in width,\nprovided however, that upon certification in writing by the commissioner\nof transportation, of the necessity therefor and the filing of such\ncertification in the office of the town clerk of such town, any such\nhighway may be of such width less than three rods as the commissioner\nshall specify in such certificate.\n 14. Any street or highway or private road or right of way improved or\nlaid out under this section shall after such improvement is constructed,\nbe maintained as a public highway under the applicable provisions of law\nand not as a charge against such real property, anything in this article\nto the contrary notwithstanding.\n