Town Law 200 Procedure

  • The applicant sends a written request to the town, asking the town engineer to prepare an estimate to improve the road and accept it into the highway system. The request shall include the applicant’s name, address, and the name of the road to be improved.
  • If the road right-of-way is less than three rods (49.5 feet) in width, the town attorney shall petition the New York State Department of Transportation (NYSDOT) for an exemption to the three rods rule to allow the town to accept the road into the highway system.
  • Provided that the road is at least three rods in width or upon receiving an exemption from NYSDOT, the town engineer will prepare the estimate.
  • The town assessor will determine what the allocations of shares are per lot (per property owner).
  • The comptroller will prepare a spreadsheet showing the assessment figures to mail to the applicant.
  • Letter to applicant stating estimate and procedure:
    • Owners of real estate fronting the private road on both sides of the street to at least one-half. If there are resident owners there must be the signatures of resident owners owning not less than one-half of the frontage owned by resident owners who use the road for access. For example, if there are 15 parcels abutting a private road and only 10 of these parcels have houses, then the petitions must have five of the homeowners’ signature.

      Or

    • If owners representing 80% percent of the street frontage sign the petition, there is no need to determine if one-half of the resident owners signed the petition. 
  • The applicant shall file the original completed petitions with the town clerk and also submit a copy of the original petitions to the town engineer.
  • The town clerk will forward the copies of the petitions to the town attorney for review.
  • The town attorney shall submit a resolution to the Town Board for improvement of the road.
  • A public hearing shall be set by the Town Board to discuss the proposed road improvements.
  • The town assessor will prepare an assessment roll for benefited properties.
  • Prior to the start of construction of the improvements to the private road, the town attorney must acquire title by either dedication or condemnation, at that point copies of deeds must be provided by the property owners and a title search must be done.
  • Upon Town Board approval of the proposed improvements, the town attorney will start the State Environmental Quality Review Act (SEQRA) and bonding process.
  • The town engineer shall obtain all necessary permits and approvals, solicit proposals, and estimates for the work that is to be completed, award contracts, and conduct inspections as necessary to ensure that the work is properly completed.
  • Upon completion of the work to the satisfaction of the town engineer and the highway superintendent, the road shall be taken into the highway system.
  • The cost of the road improvements may be paid by landowners in one lump sum or over a 15 year period as part of their tax bill.
Revised: October 29, 2013