New York Laws
Article 12 - District and Special Improvements
199 - Proceedings for Lateral Sewers, Drains or Water Mains.

(a) May construct lateral sewers, drains or water mains, respectively,
in or along any portion of any street or highway or easement acquired
for such purpose, in any sewer or drainage district or in any water
district in which the expense of establishing the district and of
providing improvements therefor must be apportioned and assessed,
pursuant to section two hundred two of this chapter, upon the several
lots or parcels of land deemed benefited, in proportion to the amount of
benefit which the improvement conferred upon the same.
(b) May construct lateral water mains in or along any portion of any
street or highway or easement acquired for such purpose, in any water
district in which the expense of establishing the district and of
providing improvements therefor must be assessed, levied and collected,
pursuant to section two hundred two of this chapter, from the several
lots or parcels of land within the district in the same manner and at
the same time as other town charges.
(c) May construct lateral water mains in or along any portion of any
street or highway or easement acquired for such purpose, in any water
district in which the expense of establishing the district and of
providing improvements therefor was apportioned and assessed, prior to
January first, nineteen hundred thirty-four, upon the several lots or
parcels of land included in said district in proportion to the area of
such lot or parcel of land to the total area of the district.
2. Petition or resolution and hearing thereon. Such petition for the
construction of lateral sewers, drains or water mains shall be signed by
the owners of real estate fronting or abutting upon either side of the
street, highway or easement, or portion thereof, in which it is proposed
to construct the improvement, to the extent of at least one-half of the
entire frontage on both sides of said street, highway or easement, or
portion thereof. If the proposed improvement will serve the property on
only one side of a street, highway or easement, or portion thereof, such
petition shall be signed by the owners of real property fronting or
abutting upon the side to be served of said street, highway or easement
to the extent of at least one-half of the entire frontage on such side
of said street, highway or easement, or portion thereof. If any of such
real estate shall be owned by persons residing in or along such street,
highway or easement, or portion thereof, the petition shall not be acted
upon by the town board unless such petition shall be signed by resident
owners owning not less than one-half of the aggregate frontage owned by
resident owners residing in or along such street, highway or easement,
or portion thereof specified in such petition; provided, however, that
if such petition shall be signed by the owners of at least eighty per
cent of the aggregate frontage on such street, highway or easement, or
portion thereof specified in such petition, then the foregoing
requirement as to the signatures of resident owners shall not apply
thereto. Such petition 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. When any such petition 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 the petition or adoption of such resolution as the case may be, the
improvement proposed, the maximum amount proposed to be expended for the
improvement as stated in the petition or the resolution, and specifying
the time when and place where said board will meet to consider the
petition or the 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 not less than ten nor more than twenty days
before the day designated for the hearing as aforesaid. The order of the
town board providing for a public hearing on a petition or resolution
for the construction of lateral water mains pursuant to paragraphs (b)
and (c) of subdivision one shall include, in addition to all other
matters required to be specified therein, a statement that the cost of
such improvement, if constructed, shall be borne by the district at
large.
3. Construction of improvement. 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.
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 as stated in the petition or resolution, 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 as stated in said petition or resolution, the cost of said
improvement as estimated by the engineer, a brief description of the
improvement and the place and time at which the 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 an original hearing upon a petition or
resolution. 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 such definite plans,
specifications, estimate and the proposed contract and cause the
improvement to be constructed all in the manner hereinbefore in this
chapter provided for the construction of trunk sewers, drains and water
systems. 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 for 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. Where such petition or resolution is for the
construction of a lateral sewer, drain or water main through different
streets or highways or easements or portions of streets or highways or
easements, such lateral sewer, drain or water main shall be deemed one
sewer, drain or water main, and such streets or highways or easements or
portions thereof, one continuous street or highway or easement for
purposes of this section.
4. Effect of section limited. This section shall not apply to the
construction of any lateral sewer, drain or water main described in any
map or plan which shall have accompanied the petition or resolution for
the establishment of a sewer, drainage or water district, provided that
the cost of constructing such lateral sewer, drain or water main
together with the cost of every other improvement constructed pursuant
to such petition or resolution shall not exceed the maximum amount
proposed to be expended as stated in such petition or resolution.