N.Y. ENV Law § 17-1741

§ 17-1741. Sewerage; construction; villages.\n 1. Whenever any local board of health in any incorporated village\nshall deem the sewers of such village insufficient to properly and\nsafely sewer such village, and protect the public health, it shall\ncertify such fact in writing, stating and recommending what additions or\nalterations should in the judgment of such board of health be made, with\nits reasons therefor, to the commissioner for his approval.\n 2. If such recommendations shall be approved by the commissioner, and\nthe plans therefor be approved by the department, it shall be the duty\nof the board of trustees or other board or officials of such village\nhaving jurisdiction of the construction of sewers therein, whether\nsufficient funds shall be on hand for such purpose or not, to forthwith\nmake such additions to or alterations in the sewers of such village and\nexecute such recommendations.\n 3. The expenses of such additions to, or alterations to the sewerage\nof such village shall be paid for wholly by said village in the same\nmanner as other village expenses are paid or by an assessment of the\nwhole amount against the property benefited, or partly by the village\nand partly by an assessment against the property benefited, as the board\nof trustees of such village shall by resolution determine.\n 4. If the board of trustees shall determine that such expenses shall\nbe paid partly by the village and partly by an assessment against the\nproperty benefited, as authorized by this section, it shall in the\nresolution making such determination fix the proportion of such expense\nto be borne by each, and the proportion thereof to be raised by an\nassessment against the property benefited shall be assessed and\ncollected in the same manner provided by the Village Law for the\nassessment and collection of sewer assessments.\n 5. Said village is hereby authorized to raise such sum as may be\nnecessary for the payment of the expenses incurred, which are a village\ncharge, if any, as herein provided, in addition to the amount such\nvillage is now authorized to raise by law for corporation purposes, and\nsuch board shall have the right to acquire such lands, right of way, or\nother easements, by gift, or purchase, or in case the same cannot be\nacquired by purchase may acquire the same by condemnation in the manner\nprovided by law.\n