§ 200. Petition for street improvement and proceedings thereon. 1. The\nowners of real estate fronting or abutting upon either side of a street\nor highway or private road or right of way used for access to said\npremises or to a portion thereof to the extent of at least one-half of\nthe entire frontage or bounds on both sides of said street or highway or\nprivate road or right of way or portion thereof, may petition the town\nboard or the town board on its own motion may adopt a resolution to\nimprove said street or highway, private road or right of way or portion\nthereof, by the construction of sidewalks, curbs, gutters, culverts, and\nother necessary improvements in connection therewith, or by construction\nand paving of such street or highway or private road, or right of way or\nportion thereof; but such curbs, gutters, culverts and other necessary\nimprovements shall not be constructed under authority of this section\nunless a pavement has been constructed prior thereto or is to be\nconstructed at the same time upon said street, highway, private road,\nright of way or portion thereof.\n 2. If the proposed improvement will serve the property on only one\nside of a street, highway, private road or right of way, or portion\nthereof, the petition for such improvement shall be signed by the owners\nof real property fronting or abutting upon the side to be served of said\nstreet, highway, private road or right of way to the extent of at least\none-half of the entire frontage on such side of said street, highway,\nprivate road or right of way, or portion thereof.\n 3. Streets or highways which may be improved pursuant to this section\nshall include the portion of any state highway or county road which lies\nwithin the town. No state highway shall be improved pursuant to this\nsection until the commissioner of transportation shall consent thereto\nand approve the plans and specifications which shall be prepared\ntherefor as hereinafter provided. No county road shall be improved\npursuant to this section until the county superintendent of highways\nshall consent thereto and approve the plans and specifications which\nshall be prepared therefor as hereinafter provided.\n 4. Before any such street, highway, private road or right of way or\nportion thereof other than a state highway or a county road shall be\nimproved pursuant to this section, the town board shall cause it to be\nsurveyed, and the lines and grades thereof to be established and such\nsurvey and a profile of the grade shall be filed in the town clerk's\noffice.\n 5. But if there be any resident owners, no petition for improvements\nshall be of any force or effect, nor shall such petition be acted upon\nby said board unless thereon appear the signatures of resident owners\nowning not less than one-half of the frontage owned by resident owners\nresiding in or along the street or highway or private road, right of way\nor part of street or highway or private road or right of way covered or\nrepresented by such petition; provided, however, that if such petition\nshall have thereon the signatures of owners of real estate fronting or\nabutting upon either side of the street or highway or private road,\nright of way or portion of street or highway or private road or right of\nway covered or represented by such petition to the extent of at least\neighty per centum of the entire frontage or bounds, then the foregoing\nrequirements as to signatures of resident owners shall not apply\nthereto.\n 6. Such petition for improvements shall be signed by the petitioners,\nand acknowledged or proved in the same manner as a deed to be recorded,\nor authenticated in the manner provided by the election law for the\nauthentication of nominating petitions, and shall state the maximum\namount proposed to be expended for the improvement. A resolution adopted\npursuant to subdivision one of this section shall state the improvement\nproposed, the maximum amount proposed to be expended and th
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