[HISTORY: Adopted by the Board of Trustees of the Village of Croton-on-Hudson
3-26-1959 by L.L. No. 2-1959. Section 7-1 amended at time of adoption of Code;
see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
GENERAL REFERENCES
Sewers — See Ch. 191.
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.
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.
