N.Y. TWN Law § 194 — New York Code / Act TWN / Article 12 / Section 194
Establishment or extension of districts
Status: in_force

§ 194. Establishment or extension of districts. 1. After a hearing\nheld upon notice as hereinbefore provided and upon the evidence given\nthereat, the town board shall determine by resolution: (a) whether the\npetition is signed, and acknowledged or proved, or authenticated, as\nrequired by law and is otherwise sufficient;\n  (b) whether all the property and property owners within the proposed\ndistrict or extension are benefited thereby;\n  (c) whether all the property and property owners benefited are\nincluded within the limits of the proposed district or extension;\n  (d) whether it is in the public interest to grant in whole or in part\nthe relief sought.\n  2. (a) If the town board shall determine that the petition is not\nsigned, and acknowledged or proved, or authenticated, as required by law\nor that it is otherwise insufficient, or if it is determined that it be\nnot in the public interest to grant in whole or in part the relief\nsought, the town board shall deny the petition.\n  (b) If the town board shall determine that the petition is signed, and\nacknowledged or proved, or authenticated, as required by law and is\notherwise sufficient and that it is in the public interest to grant the\nrelief sought, either in whole or in part, but shall find that any part\nor portion of the property or property owners within the proposed\ndistrict or extension are not benefited thereby or that certain property\nor property owners benefited thereby have not been included therein, the\ntown board shall specify the necessary changes of the boundaries of the\nproposed district or extension to be made in order that all of the\nproperty and property owners and only such property and property owners\nas are benefited shall be included within such proposed district or\nextension, and the board shall call a further hearing at a definite\nplace and time not less than fifteen nor more than twenty-five days\nafter such determination. Notice of such further hearing shall be posted\nand published in the manner provided in section one hundred ninety-three\nhereof except that such notice shall also specify the manner in which it\nis proposed to alter the boundaries of the proposed district or\nextension. Such further hearing shall be conducted in the same manner as\nan original hearing upon a petition. If and when the town board shall\ndetermine in the affirmative all of the questions set forth in\nsubdivision one of this section, the board may adopt a resolution\napproving the establishment or extension of the district as the\nboundaries shall be finally determined and the construction of the\nimprovement or providing of the service therein, but no such resolution\nso approving shall be adopted unless the petition shall comply with the\nrequirements of section one hundred ninety-one as to sufficiency of\nsigners as the boundaries of the proposed district or extension shall be\nfinally determined.\n  3. (a) Within ten days after the adoption of a resolution by a town\nboard approving the establishment or extension of a district and the\nconstruction of an improvement or the providing of a service therein,\nthe town clerk of the town shall file a certified copy of such\nresolution, in duplicate, in the office of the state department of audit\nand control at Albany, New York, together with an application, in\nduplicate, for permission to create or extend such district as the case\nmay be. Such application shall be executed and verified by the\nsupervisor, or such other officer of the town as the town board shall\ndetermine, and shall include the following:\n  (1) A certified copy of the petition (omitting, however, the\nsignatures, and acknowledgments or proofs, or authentications) and in\nthe instance of a sewer, drainage or water district, of the map and plan\naccompanying the same;\n  (2) An itemized statement of the then outstanding indebtedness of the\ntown for all purposes, as evidenced by bonds, bond anticipation notes,\ncapital notes and budget notes; the amount of joint indebtedness\ncontracted or incurred for a joint service or a joint water, sewage or\ndrainage project and the amount of such indebtedness allocated and\napportioned to the town, as defined in title one-a of the local finance\nlaw; the amount of the indebtedness proposed to be contracted for the\nimprovement; the amount of budgetary appropriations for the payment of\nany such indebtedness, whether or not such appropriations have been\nrealized as cash, and the amounts, purposes and probable dates of\nissuance of any bonds, bond anticipation notes, capital notes and budget\nnotes which the town has authorized to be issued but which in fact have\nnot been issued on the date of such application;\n  (3) A statement of the aggregate assessed valuation of the real\nproperty situated in the proposed district or extension thereof, as such\nassessed valuations are shown on the last completed assessment roll of\nthe town prior to the date of such application;\n  (4) A statement of the average full valuation of the taxable real\nproperty of the town. Such average full valuation shall be determined in\naccordance with the provisions of the first paragraph of subdivision\nseven-a of section 2.00 of the local finance law;\n  (5) A statement as to the manner in which it is proposed to finance\nthe cost of the improvement.\n  (b) Whenever such an application shall be filed in the office of the\ndepartment of audit and control, the state comptroller shall within five\ndays thereafter give notice thereof to the board of supervisors of the\ncounty in which such proposed district or extension is located by filing\nwith the clerk of such board of supervisors one copy of such\napplication. At any time within fifteen days of the filing of the\napplication, the board of supervisors may file an objection, in writing,\nin the office of the department of audit and control. In addition, the\nstate comptroller shall determine whether the public interest will be\nserved by the creation or extension of the district and also whether the\ncost thereof will be an undue burden upon the property of the proposed\ndistrict or extension. The state comptroller may make such\ndeterminations upon the original or any amended application, or in his\ndiscretion may require the submission of additional information or data\nin such form and detail as he shall deem sufficient, or may cause an\ninvestigation to be made, to aid him in making the determinations above\nmentioned.\n  4. Upon the expiration of fifteen days from the date of the filing of\nsuch application with the clerk of the board of supervisors and upon\nreaching a determination, the comptroller shall make an order, in\nduplicate, granting or denying permission for the creation or extension\nof the district and shall file one copy of such order in the office of\nthe state department of audit and control at Albany, New York, and the\nother in the office of the town clerk of the town in which the proposed\ndistrict or extension is located. The town clerk shall present such\norder to the town board of the town at the next meeting thereof.\n  5. If the state comptroller shall deny permission for the creation or\nextension of the district, the town board shall forthwith adopt an order\ndenying the petition. If the state comptroller shall grant permission\ntherefor, the town board may adopt an order establishing the district or\nextension as the boundaries shall be finally determined.\n  6. Except as otherwise provided by section two hundred two-b of this\narticle, the permission of the state comptroller shall not be required\nfor the establishment or extension of a district and the construction of\nan improvement or the providing of a service therein, including an\nincrease in the maximum amount proposed to be expended for the\nimprovement in a district, unless it is proposed or required that the\ntown in which such district or extension is located shall finance the\ncost thereof by the issuance of the bonds, notes, certificates or other\nevidences of indebtedness of the town therefor or it is proposed that\ndebt service on obligations issued to finance the costs of facilities\nacquired be assumed, pursuant to subdivision twelve of section one\nhundred ninety-eight of this article, and, if the state comptroller\nshall have computed average estimated costs for similar types of\ndistricts, the cost of the district or extension to the typical property\nor, if different, the costs of the district or extension to the typical\none or two family home, as stated in the notice of hearing, is above the\naverage estimated cost to typical properties or homes for the\nestablishment or extension of similar types of districts as may be\nannually computed by the state comptroller. The state comptroller\nannually shall provide to towns notice of the average cost thresholds as\nmay be computed in accordance with this section.\n