N.Y. Highway Law Section 218
Storm water sewers in town highways


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.


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.


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.


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.

Source: Section 218 — Storm water sewers in town highways, https://www.­nysenate.­gov/legislation/laws/HAY/218 (updated Sep. 22, 2014; accessed Jun. 15, 2024).

Survey for the laying out of a highway
Highways by dedication
Petition for acquisition
Damages in certain cases
Limitations upon laying out highways
Laying out highways through burying-grounds
When officers of different towns disagree about highway
Difference about improvements
Highway in two or more towns
Laying out, dividing and maintaining highway upon town line, or wholly in one town but adjacent to another town
Final determination, how carried out
Highways by use
Fences to be removed
Highways or roads along division lines
Contracts for the construction of town highways
Construction or improvement of town highways by county and town
County aid for construction, improvement and maintenance of town highways
County aid for connecting highway through villages
Damages for change of grade
Interest on damages for change of grade
Widening highways
Widening, how constructed
Actions to compel widening
Highways abandoned
Seasonal limited use highway
Qualified abandonment of certain town highways
Minimum maintenance roads
Highways in lands acquired by the United States for fortification purposes deemed abandoned
Discontinuance of highway
Description to be recorded
Damages caused by discontinuance
Papers, where filed
Costs of motion
Abandonment of certain town highways
Abandonment of certain town highways in school districts
Changing location of highways over certain lands owned and occupied by the state
Abandoning of parts of town highways
Construction and repair of approaches to private lands
Depositing ashes, snow, ice, stones, sticks, et cetera upon the highway
When town not liable for damages
Storm water sewers in town highways

Jun. 15, 2024

Last modified:
Sep. 22, 2014

§ 218’s source at nysenate​.gov

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