N.Y.
Village Law Section 6-630
Provisions governing the improvement of highways in villages
l.
The term “highway improvement,” as used in this section, shall mean the filling, excavating, grading, paving, draining and the laying of curbs, gutters, sidewalks upon or otherwise improving a state highway, or a highway constructed under a special act of the legislature having the status of a state highway, in any village, or any one or more or all of such improvements.2.
The board of trustees of any village may cause any highway improvement to be made on its own motion pursuant to the following procedure: Upon the approval of plans and specifications for such highway improvement by the board of trustees, such board of trustees, by majority vote, may pass a resolution of intention to make such improvements and provide for the method of apportioning the cost thereof and a public hearing therefor called by the board of trustees shall be held thereupon. The notice of hearing shall state the time and place of the hearing and, in general terms, the purpose thereof and the proposed method of apportioning the costs of the contemplated improvement, and such notice shall be published at least twice in the official newspaper of the village, or, if there be no official newspaper, then in a newspaper of general circulation in the village, the first publication to be made not less than ten days before the date of hearing. After the hearing the board of trustees may determine to proceed with such highway improvement or may abandon the same.3.
If the board of trustees determines to proceed with such highway improvement, such highway improvement may be made and contracts therefor may be let as in the case of other village street improvements, but no contract shall be entered into unless and until such proposed improvement has been consented to and the plans and specifications therefor have been approved by the board, officer, governing body or governing bodies having control, supervision or jurisdiction over such highway.4.
The board of trustees, in its discretion, may provide that the cost of any one or more or all of such highway improvements shall be borne partly by the village at large and partly by the lands benefited thereby; or such board may provide that the cost of any one or more or all of such highway improvements shall be borne by the village at large; or such board may provide that the cost of any one or more or all of such highway improvement may be assessed entirely upon the lands benefited thereby.5.
At any time after letting the contract or contracts, if all or any part of the cost of the proposed improvements is to be borne by special assessment, assessments may be made, levied and confirmed.6.
A resolution, passed pursuant to the provisions of this section, including any resolution for making the improvement or apportioning the cost thereof shall not be subject to permissive referendum under the provisions of the village law unless the entire cost of any one or more or all of such improvements is to be borne by the village at large and is to be paid from taxes levied for the fiscal year in which such expenditure is to be made, in which case the resolution, authorizing the improvement, shall be subject to permissive referendum as provided in the village law.
Source:
Section 6-630 — Provisions governing the improvement of highways in villages, https://www.nysenate.gov/legislation/laws/VIL/6-630 (updated Sep. 22, 2014; accessed Oct. 26, 2024).
