NY Town L § 209-F (2021)
2021 New York Laws TWN - Town Article 12-A - Establishment or Extension of Improvement Districts--Alternate Procedure 209-F - Application for Permission of State Comptroller to Establish or Extend District.

§  209-f. Application for permission of state comptroller to establish or extend district. 1. Unless it is proposed or required that  the  town in  which  such  district or extension is located shall finance the cost thereof by the issuance of  the  bonds,  notes,  certificates  or  other evidences of indebtedness of the town therefor, or shall assume the debt service  on  obligations  issued  to  finance  the  cost  of facilities, pursuant to subdivision twelve of section one  hundred  ninety-eight  of this  chapter, and, if the state comptroller shall have computed average estimated costs for similar types of districts, the cost of the district or extension to the typical property or, if different, the cost  of  the district or extension to the typical one or two family home as stated in the notice of hearing is above the average estimated cost to the typical properties  or homes for the establishment or extension of similar types of districts as may be annually computed by the state  comptroller,  the permission  of  the  state  comptroller  shall  not  be required for the establishment or extension of a district  and  the  construction  of  an improvement or the providing of a service therein, including an increase in  the  maximum amount proposed to be expended for the improvement in a district, except as otherwise provided by section two hundred  two-b  of this  chapter.  The  state  comptroller  annually shall provide to towns notice of the average cost thresholds as may be computed  in  accordance with this section.   2.  Where  the  permission  of  the  state comptroller is not required pursuant to this section and  if  the  certificate  of  the  town  clerk required to be filed pursuant to subdivision four of section two hundred nine-e of this article establishes that no petition was filed requesting a  referendum or that such petition was filed and the result of the vote on the proposition submitted at the referendum held pursuant thereto was in  the  affirmative,  the  town  board  shall  adopt  a   final   order establishing or extending the district.   3.  (a)  Except  as  otherwise  provided  in  subdivision  one of this section, within ten days after the adoption of a resolution  by  a  town board  approving  the  establishment  or extension of a district and the construction of an improvement or the providing of  a  service  therein, the  town  clerk  of  the  town  shall  file  a  certified  copy of such resolution, in duplicate, in the office of the state department of audit and control at Albany,  New  York,  together  with  an  application,  in duplicate,  for permission to create or extend such district as the case may  be.  Such  application  shall  be  executed  and  verified  by  the supervisor,  or  such  other officer of the town as the town board shall determine, and shall include the following:  (1) A certified copy of the notice of public hearing,  with  proof  of publishing  and posting thereof as required by this article, and, in the instance of a sewer, wastewater disposal, drainage or water district, of the map, plan and report filed in the town clerk's  office  pursuant  to section two hundred nine-c;  (2)  An itemized statement of the then outstanding indebtedness of the town for all purposes, as evidenced by bonds, bond  anticipation  notes, capital  notes,  deferred  payment notes and budget notes; the amount of budgetary  appropriations  for  the  payment  of  any  such  outstanding indebtedness,  whether  or not such appropriations have been realized as cash; the amount of indebtedness  proposed  to  be  contracted  for  the improvement, and the amounts, purposes and probable dates of issuance of any  bonds,  bond  anticipation  notes,  capital notes, deferred payment notes and budget notes which the town has authorized to  be  issued  but which in fact have not been issued on the date of such application;  (3)  A  statement  of  the  aggregate  assessed  valuation of the real property situated in the proposed district or extension thereof, as such  assessed valuations are shown on the last completed assessment  roll  of the town prior to the date of such application;  (4)  A  statement  of  the  average full valuation of the taxable real property of the town. Such average full valuation shall be determined in accordance with the provisions of the  first  paragraph  of  subdivision seven-a of section 2.00 of the local finance law;  (5)  A  statement  as to the manner in which it is proposed to finance the cost of the improvement.  (b) Whenever such an application shall be filed in the office  of  the department of audit and control, the state comptroller shall within five days  thereafter  give notice thereof to the board of supervisors of the county in which such proposed district or extension is located by filing with  the  clerk  of  such  board  of  supervisors  one  copy  of   such application.  At  any  time  within  fifteen  days  of the filing of the application, the board of supervisors may file an objection, in writing, in the office of the department of audit and control.  (c) Thereafter and subsequent to the  filing  in  the  office  of  the county  clerk and the department of audit and control of the certificate required to be filed by the town clerk pursuant to subdivision  four  of section  two hundred nine-e of this article, the state comptroller shall determine  whether  the  public  interest  will   be   served   by   the establishment  or  extension  of  the district and also whether the cost thereof will be an undue  burden  upon  the  property  of  the  proposed district   or   extension.   The   state   comptroller   may  make  such determinations upon the original or any amended application, or  in  his discretion  may require the submission of additional information or data in such form and detail as he shall deem sufficient,  or  may  cause  an investigation  to be made, to aid him in making the determinations above mentioned.   4. Upon the expiration of fifteen days from the date of the filing  of such  application  with  the  clerk  of  the  board  of supervisors, the comptroller shall make an  order,  in  duplicate,  granting  or  denying permission  for the establishment or extension of the district and shall file one copy of such order in the office of  the  state  department  of audit  and  control  at Albany, New York, and the other in the office of the town clerk of the town in which the proposed district  or  extension is located. The town clerk shall present such order to the town board of the  town at the next meeting thereof. If the certificate required to be filed by the town clerk pursuant to the provisions of  subdivision  four of   section  two  hundred  nine-e  of  this  article  states  that  the proposition  submitted  at  such   referendum   was   disapproved,   the comptroller  shall  return  the  application  to  the town clerk without taking any action thereon.   5.  If  the  state  comptroller  shall   deny   permission   for   the establishment  or  extension  of  the  district,  the  town  board shall forthwith adopt an order terminating its proceedings in connection  with the  proposed  establishment or extension of such district. If the state comptroller shall grant permission therefor, the town board shall  adopt a  final  order establishing the district or extension as the boundaries shall be finally determined.