New York Laws
Article 12 - District and Special Improvements
200 - Petition for Street Improvement and Proceedings Thereon.

§ 200. Petition for street improvement and proceedings thereon. 1. The
owners of real estate fronting or abutting upon either side of a street
or highway or private road or right of way used for access to said
premises or to a portion thereof to the extent of at least one-half of
the entire frontage or bounds on both sides of said street or highway or
private road or right of way or portion thereof, may petition the town
board or the town board on its own motion may adopt a resolution to
improve said street or highway, private road or right of way or portion
thereof, by the construction of sidewalks, curbs, gutters, culverts, and
other necessary improvements in connection therewith, or by construction
and paving of such street or highway or private road, or right of way or
portion thereof; but such curbs, gutters, culverts and other necessary
improvements shall not be constructed under authority of this section
unless a pavement has been constructed prior thereto or is to be
constructed at the same time upon said street, highway, private road,
right of way or portion thereof.

2. If the proposed improvement will serve the property on only one
side of a street, highway, private road or right of way, or portion
thereof, the petition for such improvement shall be signed by the owners
of real property fronting or abutting upon the side to be served of said
street, highway, private road or right of way to the extent of at least
one-half of the entire frontage on such side of said street, highway,
private road or right of way, or portion thereof.

3. Streets or highways which may be improved pursuant to this section
shall include the portion of any state highway or county road which lies
within the town. No state highway shall be improved pursuant to this
section until the commissioner of transportation shall consent thereto
and approve the plans and specifications which shall be prepared
therefor as hereinafter provided. No county road shall be improved
pursuant to this section until the county superintendent of highways
shall consent thereto and approve the plans and specifications which
shall be prepared therefor as hereinafter provided.

4. Before any such street, highway, private road or right of way or
portion thereof other than a state highway or a county road shall be
improved pursuant to this section, the town board shall cause it to be
surveyed, and the lines and grades thereof to be established and such
survey and a profile of the grade shall be filed in the town clerk's
office.

5. But if there be any resident owners, no petition for improvements
shall be of any force or effect, nor shall such petition be acted upon
by said board unless thereon appear the signatures of resident owners
owning not less than one-half of the frontage owned by resident owners
residing in or along the street or highway or private road, right of way
or part of street or highway or private road or right of way covered or
represented by such petition; provided, however, that if such petition
shall have thereon the signatures of owners of real estate fronting or
abutting upon either side of the street or highway or private road,
right of way or portion of street or highway or private road or right of
way covered or represented by such petition to the extent of at least
eighty per centum of the entire frontage or bounds, then the foregoing
requirements as to signatures of resident owners shall not apply
thereto.

6. Such petition for improvements 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.

7. When a petition for improvement 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 such petition or adoption of such resolution as the case may be, the
improvement proposed, the maximum amount proposed to be expended for the
improvement and the area benefited as stated in the petition or the
resolution, and specifying the time when and the place where said board
will meet to consider the petition or 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 and conspicuously in five public
places along the street or highway or private road or right of way or
portion thereof to be improved not less than ten nor more than twenty
days before the day designated for the hearing as aforesaid.

8. 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.

9. 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, 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, the cost of said improvement as
estimated by the engineer, a brief description of the improvement and
the place and time at which the town 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 the original hearing upon the petition or resolution.

10. 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 a resolution providing for such
definite plans, specifications, estimate and the proposed contract and
cause the improvement to be constructed all in the same manner as
hereinbefore in this chapter provided for the construction of trunk
sewers, drains and water systems. Where necessary, provision shall be
made in such resolution for acceptance of any outstanding offer of
dedication of such street, highway, private road or right of way. 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 in this subdivision 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.

11. Where such petition or resolution is for the construction of
sidewalks, curbs, gutters, culverts and other necessary underground
works in connection therewith along different streets or highways or
private roads or rights of way or portions of streets or highways or
private roads or rights of way, such construction of streets or highways
or private roads or rights of way or portions thereof shall be deemed
one continuous street or highway or private road or right of way for the
purposes of this section.

12. Where the petition or resolution seeks the improvement of such a
street or highway or private road or right of way not previously
dedicated, the amount to be expended for the improvement shall include
the cost of the proceeding to acquire so much land as may be necessary
to lay out such highway and the cost of the land and the town board
shall in making its determination authorize and direct the town
superintendent of highways to take and complete condemnation proceedings
pursuant to the applicable provisions of law and the town superintendent
shall take and complete such proceedings before such determination shall
become final.

13. Any such street or highway or private road or right of way not
previously dedicated shall not be less than three rods in width,
provided however, that upon certification in writing by the commissioner
of transportation, of the necessity therefor and the filing of such
certification in the office of the town clerk of such town, any such
highway may be of such width less than three rods as the commissioner
shall specify in such certificate.

14. Any street or highway or private road or right of way improved or
laid out under this section shall after such improvement is constructed,
be maintained as a public highway under the applicable provisions of law
and not as a charge against such real property, anything in this article
to the contrary notwithstanding.