New York Laws
Article 8 - Town Highways
218 - Storm Water Sewers in Town Highways.

§ 218. Storm water sewers in town highways. 1. Storm water laterals,
petition for improvement. The town board may, in any town where an
outlet drain or sewer has been or is to be constructed in any public
highway, construct one or more storm water drains or sewers in one or
more streets within the town, from time to time, entirely at the expense
of the owners of the land fronting on said street, streets or portions
thereof, wherein said storm water drain or sewer or drains or sewers are
constructed, provided a petition therefore be presented to the town
board signed and acknowledged by at least a majority of the owners of
real property fronting on said street, streets or portions thereof
wherein it is proposed to lay out and construct said storm water drain,
or sewer, or drains or sewers. The town board shall, upon receipt of a
petition as aforesaid, give notice of and hold a public hearing thereon
at which all persons interested shall be entitled to be heard. Such
notice shall specify the time and place of hearing and be served upon
the owners of the land fronting upon said street, streets or portions
thereof set forth and described in said petition, by mailing a copy
thereof to their last known addresses, or by publishing the said notice
once each week for two weeks in a newspaper circulating in said town, or
by either or any one of said methods, the mailing of said notice or
first publication thereof to be not less than ten days prior to the date
of such hearing.

2. Construction of storm water laterals. If the town board shall act
favorably upon said petition, they shall, by resolution direct that
suitable plans be prepared showing the locations of such lateral or
laterals, the street or streets or portions thereof proposed to be
sewered thereby, and showing where the same are to be connected with the
existing or proposed storm water outlet drain or sewer, and may employ
an engineer to prepare such plans. The town board, after the plans have
been prepared and adopted, may obtain from the superintendent of
highways of the town, an estimate of the cost of said construction, and
after approving the estimate authorize and direct the superintendent of
highways of the town, without a contract, to construct the said storm
water sewer or drain, or sewers or drains, or may contract for the
construction of said sewers, after advertisement for bids. The contract
shall be awarded to the lowest bidder, unless all bids are rejected, in
which case the town board may readvertise for bids. If the estimated
cost of construction is less than five hundred dollars, the town board
may let such contract for such construction without advertisement and
without competitive bidding. Where the construction is under the
supervision of the town superintendent of highways, he shall have the
authority, with the approval of the town board, to employ the necessary
labor and may use such town machinery as is not in use on town highway
construction. Nothing contained in this section shall be construed to
limit the operation of any provision of law requiring the consent of the
state commissioner of transportation, a county superintendent of
highways or the governing board of any city or village to the laying of
sewer pipes under any street or highway.

3. Payment of cost of construction. After the town board has
ascertained the expense of the improvements provided for in this
section, it may use moneys of the town which are not otherwise committed
or appropriated to pay the cost of such construction or may finance the
same, in whole or in part, pursuant to the local finance law. If any
obligations are issued, such obligations, with interest, shall be paid,
or the town reimbursed to the extent of the town surplus moneys so used,
as the case may be, out of the moneys derived as herein provided. After
the town board has ascertained the cost of such improvement, including
necessary engineering, legal and inspection fees and disbursements, it

shall apportion and assess the expense thereof upon the lands benefited
and fronting upon the street, streets or portions thereof improved as
aforesaid, in such amount against each lot or parcel as it deems just
and reasonable. Notice of such assessment shall be given to the owners
of said real property in the same manner as herein provided for notice
of hearing on said petition, which notice shall state, among other
things, that said assessments have been made, and that at a specified
time and place the town board will meet for the purpose of hearing and
considering any objections which may be made to said assessments. The
town board shall meet at the time and place specified in said notice and
shall determine all objections made to such assessment, including the
amount thereof, and shall change or amend the same as they deem it
necessary or just so to do and affirm and adopt the same as so changed
and amended or as originally proposed, as the case may be. The town
board shall prepare a statement showing the amount of such assessment,
which shall include a sum sufficient to meet interest on moneys borrowed
to pay the cost of such construction, and the lots or parcels of land
liable to pay the same and the amount chargeable to each. When such
assessment shall have been confirmed, a period of thirty days shall be
given in which such assessments may be paid in full and the obligation
thereof cancelled. The town board shall by resolution determine the
number of annual installments, not exceeding three, within which such
assessments not so paid, in full, may be paid, and may further provide
for the addition thereto of interest at the rate of six per centum per
annum from the date of such assessment to the date upon which such
annual installment shall become payable. A statement of the amount of
such annual installments, together with the lots or parcels of land
liable to pay the same and the amount chargeable to each, shall be
delivered to the supervisor who shall transmit the same to the board of
supervisors of the county. The board of supervisors shall levy such
amounts against the property liable and shall state the amount of the
tax in a separate column in the annual tax roll under the name "storm
water sewer tax." Such tax when collected shall be paid to the
supervisor, and be by him applied in payment of said certificates or to
reimburse the town, if the cost of said improvement has been paid from
moneys of the town. The amount apportioned by the town board on any lot
or parcel and any tax levied for the collection thereof shall be a lien
prior and superior to any lien or claim except the lien of an existing
tax or local assessment.

4. Control over storm water sewers. All storm water sewers or drains
constructed in highways, pursuant to the provisions of this section,
shall be maintained under the supervision of the town superintendent of
highways, and the expense thereof shall be a town charge. The town
superintendent shall annually at the time of submission of his estimate
of moneys necessary for highway purposes submit to the town board an
estimate of the amount of money necessary for maintenance of such storm
water sewers. The town board shall have the power to make such rules and
regulations as may be necessary for the proper management and control of
such storm water sewers.