[Adopted 9-27-1971 by L.L. No. 3-1971
(Chapter 37 of the 1972 Code)]
[Amended 3-14-2006 by L.L. No. 1-2006]
The Board of Trustees of the Village of East Aurora may, upon its own
motion or upon the petition of the owner or owners of more than half in value
of lands to be benefited thereby, as shown on the last completed Town of Aurora
assessment roll, cause a map and plan to be prepared showing the bounds and
location of lands within the Village of East Aurora which would be benefited
by the construction of a public street providing supplementary access to such
lands, which plan shall include a general description of the nature and extent
of such pavement, curbs, gutters, bridges, culverts, stormwater drains, public
water lines, public sanitary sewer lines and/or other surface or underground
works in connection therewith as the Board of Trustees shall determine to
appropriately constitute such proposed public street. Upon the completion
of the said map and plan, the Board of Trustees shall hold a public hearing
thereon. Notice of the time, place and purpose of such hearing, containing
a description of the extent of the lands which would be benefited by the construction
of such supplementary access street, shall be given by the said Board of Trustees
by posting such notice in four public places within the Village of East Aurora
at least 15 days prior thereto, and by publishing a notice in the official
newspaper of the said Village of East Aurora at least 10 days prior thereto
and by causing a copy of such notice to be given to each person owning lands
included in said map and plan at least 10 days prior to the date of said hearing.
Within 45 days after such hearing, the Board of Trustees shall approve, amend
and approve, or disapprove the said maps and plan by resolution duly adopted
at a regular meeting of the said Board of Trustees. Following the adoption
of such resolution, the Board of Trustees shall cause any duly approved map
and plan showing such lands which would be benefited by the construction of
a supplementary access street thereto to be filed in the office of the Village
Clerk. After such hearing, approval and filing, the Board of Trustees may
by the adoption of a resolution, establish an access street local improvement
district consisting of the lands shown on said map and plan and assess all
or a part of the expense of the construction of the said access street, including
the cost of the preparation of the map and plan of the said access street
local improvement district, the cost of construction of the said street and
the cost of the acquisition of the property required in connection therewith,
to the lands so benefited.
The Board of Trustees of the Village of East Aurora may acquire property
necessary for the construction of any such supplementary access street by
acceptance of a dedication thereof or by purchase.
[Amended 3-14-2006 by L.L. No. 1-2006]
In any resolution adopted pursuant to the provisions of § 160-1 of this article, the Board of Trustees shall provide that, when the cost of any such access street local improvement has been determined, the Board shall apportion and assess all or a part of the cost or expense thereof upon the lands in such access street local improvement district according to area, assessed value or otherwise, as the Board may determine during the proceedings to be just and equitable, in accordance with the provisions of § 4-414 or 22-200 of the Village Law of the State of New York, including provisions therein for judicial review, as the Board of Trustees shall determine and specify therein.
[Amended 3-14-2006 by L.L. No. 1-2006]
In any resolution adopted pursuant to the provisions of § 160-1 of this article, the Board of Trustees shall provide that all assessments levied against the lands benefited by the construction of the access street shall be paid in annual installments in accordance with the applicable provisions of § 5-518 of the Village Law of the State of New York, and that liens shall attach for installments in accordance with the applicable provisions of § 5-516 of the Village Law of the State of New York.
