N.Y. TWN Law § 192-A — New York Code / Act TWN / Article 12 / Section 192-A
Provision for excess sewer, drainage or water facilities
Status: in_force

§ 192-a. Provision for excess sewer, drainage or water facilities. 1.\nThe town board, in causing maps and plans to be prepared or in approving\nthe establishment or extension of a sewer, drainage or water district\nmay provide by resolution that the map and plan include sewer, drainage\nor water facilities in excess of those required for the proposed\ndistrict or extension. Such resolution providing for or requiring excess\nfacilities shall include the estimated expense for such excess\nfacilities and shall be subject to permissive referendum.  The necessity\nfor and the extent of the excess capacity shall be determined by the\ntown board and it shall be reserved for utilization by future districts\nor extensions in the town.\n  2. The expense of any excess sewer, drainage or water facilities\nauthorized pursuant to this section shall be a town charge and shall be\nassessed, levied and collected in the same manner and at the same time\nas other town charges; provided, however, that nothing herein contained\nshall be construed to prevent the financing in whole or in part,\npursuant to the local finance law, of any excess sewer, drainage or\nwater facilities authorized pursuant to this section. Any such excess\nsewer, drainage or water facilities shall be deemed to be a district or\nspecial improvement authorized by article twelve or twelve-a of this\nchapter within the meaning of paragraph b of section 35.00 of the local\nfinance law.\n  3. In the event the petition shall contain a statement that the\nimprovement in the proposed district or extension shall be constructed\nat the expense of a petitioning owner of taxable real property in the\nproposed district or extension, the expense of all excess sewer,\ndrainage or water facilities shall be borne originally as a town charge\nas provided in this section. If the improvement is to be constructed by\nor on the behalf of the petitioning owner, such owner shall be\ncompensated by the town for the cost of the excess sewer, drainage or\nwater facilities. In this event the provisions of section one hundred\nninety-seven of this chapter relating to competitive bidding shall not\napply. If the improvement is to be constructed by the town or by the\naccepted competitive bidder, the town and not the petitioning owner\nshall be liable for the cost of the excess facilities.\n  4. The cost of the excess sewer, drainage or water facilities shall be\ndetermined by the town board. In addition to the information required by\nsection one hundred ninety-two of this chapter, the maps and plans shall\ninclude an estimate of the cost of the excess facilities.  If the\nimprovement is to be constructed by or on behalf of the petitioning\nowner, an agreement shall be entered into between the town board and\nsuch owner which shall state the total cost of the improvement and of\nthe excess facilities or the method by which such costs shall be\ndetermined and the date of payment for such excess facilities. If the\nimprovement is to be constructed by the town or by the accepted\ncompetitive bidder, the town board, in determining the cost of the\nexcess facilities, shall consider the estimate of the cost of the excess\nfacilities set forth in the maps and plans, the percentage increase in\nthe capacity of the facilities, the maximum amount stated in the\npetition as the cost of the required facilities and the reduction, if\nany, in the per unit cost. In no event shall the expense of the excess\nsewer, drainage or water facilities as determined or agreed to by the\ntown board be less than the difference between the total cost of the\nimprovement as set forth in or determined pursuant to the agreement or\nthe accepted bid and the maximum amount stated in the petition.\n  5. The town board may authorize the use of any excess facilities\nacquired pursuant to this section by any district, districts or\nextensions thereof, thereafter established in such town, in the manner\nprovided in section two hundred eight of this chapter, provided the\nexpense of such acquisition or the proportionate share of the expense as\nshall be allocated to a district or extension thereof by the town board,\ntogether with the expense of the construction of the original\nimprovement for such district or extension, shall not exceed the maximum\namount authorized to be expended in such district or extension. Whenever\nthe town board shall authorize the use of any excess facilities acquired\npursuant to this section by any district, districts or extension\nthereof, the same shall be deemed to be a part of the improvement\nauthorized by such district or extension thereof and the entire cost of\nsuch acquisition and the maintenance thereof as apportioned to such\ndistrict or extension, shall be deemed to be a part of such improvement\nand shall be assessed, levied and collected in the same manner as other\ncharges against such district or extension.\n