Assessments for Improvements

The Board of Trustees of the village may, by resolution adopted at a regular meeting, determine upon the construction of the whole or any part of the sewerage system at the joint expense of the village and of the property benefited. The Board of Trustees of the village may also, by resolution adopted at a regular meeting, provide for the reimbursement of the owner of lands or permanent easements for lands dedicated to the village, together with sewers, water mains, fire hydrants or other such improvements situated therein or in village streets, and constructed at private expense for the cost of construction of such sewers, water mains, fire hydrants and improvements in such dedicated lands or permanent easements at the joint expense of the village and of the property benefited or for a portion of such cost at the expense of the property benefited, with the remainder to be borne wholly by the owner of the land or permanent easements dedicated or partly by such owner and partly by the village; provided, however, that the rate of assessment of the portion assessed to the property benefited shall not exceed the average assessment per foot to benefited property of the last three prior sewer construction jobs for which bonds were issued by the village and the cost borne partly at the expense of the village and partly at the expense of the property benefited. Either such action shall be subject to a permissive referendum if the project is to be paid from taxes levied for the year in which the expenditure is to be made. The resolution shall describe the portion of the system proposed to be so constructed, shall contain a statement of the estimated maximum cost thereof and also of the proportion of the expense to be assessed upon the village at large and the aggregate proportion to be assessed upon the property benefited or, in the case of reimbursement for sewers acquired by acceptance of dedication of lands or permanent easements for lands, together with sewers and water mains therein situated, which have been constructed at private expense, the amount to be assessed upon the property benefited as determined by the Board of Trustees, at a rate not exceeding that above prescribed. If the resolution is adopted, such aggregate proportion shall be equitably adjusted with reference to the benefits to be derived therefrom. In the event that the owner or owners of such dedicated lands or easements, sewers, water mains and other improvements shall, pursuant to the condition or agreement by which dedication was effected, bear a substantial portion of the cost of construction of such sewers, water mains, fire hydrants and other improvements, the portion of such cost borne by agreement or pursuant to the terms and conditions of the dedication shall be deemed to be in lieu of an assessment hereunder, and the Board of Trustees shall not be required to treat the land retained by such owner or owners as benefited property. Editor's Note: Amended at time of adoption of code; Ch. 1, General Provisions, Art. I.

This chapter shall change or supersede § 263 of Chapter 64 of the Laws of 1909, entitled "An Act relating to Villages, constituting Chapter 64 of the Consolidated Laws," as amended, to the extent that the provisions thereof conflict with or are contrary to the provisions of this chapter.