§ 281. Municipal improvements in streets. No public municipal street
utility or improvement shall be constructed by the town in any street or
highway within that part of the town outside the limits of any
incorporated city or village until it has become a public street or
highway and is duly placed on the official map or plan, provided,
however, that subject to the discretion of the town board, a subsurface
utility or improvement operated for revenue by the town or by a special
district may be constructed by the town in a private street, provided a
public easement satisfactory to the town board is obtained for such
utility or improvement.