2010 New York Code
TWN - Town
Article 12 - (190 - 208-B) 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.