NY Town L § 50-A (2021)
2021 New York Laws TWN - Town Article 3-A - Suburban Town Law Title 1 - Short Title and Application 50-A - Application.

§  50-a.  Application.  1.  The provisions of this article may be made applicable, effective on a January first, after  December  thirty-first, nineteen hundred sixty-three, to any town which on such January first:  (a) Has a population of at least twenty-five thousand, or  (b)  Has a population of at least seventy-five hundred and is not more than fifteen miles from a city having  a  population  of  at  least  one hundred thousand, measured from their respective nearest boundary lines; provided, however, that the population of such town shall have increased by  at  least  sixty-five  per  cent  between nineteen hundred forty and nineteen hundred sixty or by at least forty per  cent  between  nineteen hundred  fifty  and  nineteen  hundred  sixty, as shown by the decennial federal censuses for such years. The current population of a town shall be determined on the basis of the most recent decennial federal census  or  a  special  population  census taken  pursuant  to  section  twenty  of  the  general municipal law and subdivision five-a of section fifty-four of the state  finance  law  and certified to the state comptroller pursuant to law.   2.  The provisions of this article may be made so applicable to such a town by resolution of the town board adopted not later than  July  first preceding  the  January  first on which the town would become a suburban town, which resolution also shall provide that the  town  shall  at  the same  time  become  a  town of the first class, if it is not then such a town, and shall elect its officers in compliance with section twelve  of this  chapter. Prior to the adoption of such a resolution the town board shall conduct a public hearing thereon on notice published at least  ten but  not  more  than  twenty  days before such hearing in a newspaper or newspapers  designated  pursuant  to  subdivision  eleven   of   section sixty-four  of  this  chapter.  Such  resolution  shall  be  subject  to referendum on motion of the  town  board  or  on  petition  pursuant  to article seven of this chapter provided, however:  (a)  That  any  such  petition  shall be filed with the town clerk not later than September fifth of the year in which  the  town  board  shall have adopted such resolution,  (b)  That  if  the town board, on its own motion, determines that such resolution shall be subject to referendum  or  if  such  a  petition  be filed,  such referendum shall be had at the election in November of such year or at a special town election held at least forty  days  after  the filing  of  such petition, as the town board shall determine, and in the event the resolution is approved  at  such  referendum  the  town  shall become  a  suburban town on the January first following such referendum, and   3. At any biennial town election held during and  after  the  November prior  to the January first on which a town is to become a suburban town pursuant to this section, but not including the election in November, if any, at which a town's becoming a suburban town is approved pursuant  to this  section, there shall be elected only such officers as are required to be elected to fill elective offices or vacancies therein, as the case may be, for such town to function as a suburban town and a town  of  the first  class.  With  respect to additional appointive offices which such town is required to have as a suburban town and  a  town  of  the  first class,  vacancies  therein  shall exist as of the January first on which the town becomes a suburban town.   4. After it shall  have  been  finally  determined  pursuant  to  this section  that  a town shall become a suburban town, the town board shall have power to determine and make provision for  any  matter  necessarily involved  in the transition from its form of town government at the time of its becoming a suburban town to its government  as  a  suburban  town  under  the  provisions of this article where such matter is not provided for by this article.   5. (a) Within ten days after the January first on which a town becomes a  suburban  town  pursuant to this section, the town clerk shall make a certificate to such effect and transmit the same  to  the  secretary  of state,  in  whose  office it shall be kept as a public record, provided, however, that in the case of those towns which became suburban towns  on January  first, nineteen hundred sixty-four, such a certificate shall be made and transmitted to the secretary  of  state  not  later  than  June first, nineteen hundred sixty-four.  (b)  It  shall  be  the  duty of the secretary of state to cause to be published separately, under an appropriate heading, in the  appendix  of the  session  laws of each year and in the appendix of the local laws of each year, the names of the towns which have become suburban  towns  and the dates on which they became suburban towns.