New York Laws
Title 17 - Discharge of Sewage Into Waters
17-1741 - Sewerage; Construction; Villages.

1. Whenever any local board of health in any incorporated village
shall deem the sewers of such village insufficient to properly and
safely sewer such village, and protect the public health, it shall
certify such fact in writing, stating and recommending what additions or
alterations should in the judgment of such board of health be made, with
its reasons therefor, to the commissioner for his approval.

2. If such recommendations shall be approved by the commissioner, and
the plans therefor be approved by the department, it shall be the duty
of the board of trustees or other board or officials of such village
having jurisdiction of the construction of sewers therein, whether
sufficient funds shall be on hand for such purpose or not, to forthwith
make such additions to or alterations in the sewers of such village and
execute such recommendations.

3. The expenses of such additions to, or alterations to the sewerage
of such village shall be paid for wholly by said village in the same
manner as other village expenses are paid or by an assessment of the
whole amount against the property benefited, or partly by the village
and partly by an assessment against the property benefited, as the board
of trustees of such village shall by resolution determine.

4. If the board of trustees shall determine that such expenses shall
be paid partly by the village and partly by an assessment against the
property benefited, as authorized by this section, it shall in the
resolution making such determination fix the proportion of such expense
to be borne by each, and the proportion thereof to be raised by an
assessment against the property benefited shall be assessed and
collected in the same manner provided by the Village Law for the
assessment and collection of sewer assessments.

5. Said village is hereby authorized to raise such sum as may be
necessary for the payment of the expenses incurred, which are a village
charge, if any, as herein provided, in addition to the amount such
village is now authorized to raise by law for corporation purposes, and
such board shall have the right to acquire such lands, right of way, or
other easements, by gift, or purchase, or in case the same cannot be
acquired by purchase may acquire the same by condemnation in the manner
provided by law.