NY Town L § 209-D (2021)
2021 New York Laws TWN - Town Article 12-A - Establishment or Extension of Improvement Districts--Alternate Procedure 209-D - Notice of Hearing; Cost to Typical Property.

§ 209-d. Notice of hearing; cost to typical property. 1. Subsequent to the date of the filing of the map, plans and report in the office of the town clerk as required in section two hundred nine-c of this article the town  board  may adopt an order and enter the same in the minutes of its proceedings reciting a description of the  boundaries  of  the  proposed district  or  extension  in  a  manner  sufficient to identify the lands included therein as in a deed of conveyance, the improvements  proposed, the  maximum  amount  proposed  to  be expended for the improvement, the estimated cost of hook-up fees, if any, to, and the cost of the district or extension to, the typical property and, if different, the typical one or two family home, the proposed method of financing to be employed, the fact that a map, plan and report describing the same are on file in  the town  clerk's  office for public inspection and specifying the time when and the place where said board will meet and hold a  public  hearing  to hear all persons interested in the subject thereof, concerning the same. If  such  order  proposes  only  the performance or supplying of certain services, it may state the maximum amount to be  expended  annually  for such  services.  The  board  shall  cause  a  copy  of  such order to be published at least once in the official  paper,  the  first  publication thereof to be not less than ten nor more than twenty days before the day set  therein  for  the hearing as aforesaid, and shall also cause a copy thereof to be posted on the sign-board of the town  maintained  pursuant to  subdivision six of section thirty of this chapter, not less than ten nor more than twenty days before the day designated for the  hearing  as aforesaid.  Such  order may further state such place other than the town clerk's office where the map, plan and report may be examined in advance of the hearing, if  the  town  board  determines  that,  in  the  public interest,  some  other  additional place is necessary or desirable. If a water district, sidewalk district, a public parking district,  a  refuse and  garbage  district, aquatic plant growth control district, watershed protection improvement district or beach  erosion  control  district  is proposed,   such  order  may  contain  a  statement  that  the  cost  of constructing the water system, sidewalks or acquiring lands  for  public parking  or  for  refuse  and  garbage purposes, or aquatic plant growth control  purposes  or  for  beach  erosion  control  or  for   watershed protection  improvement  purposes shall be assessed by the town board in proportion as nearly as may be to the benefit which each lot  or  parcel will  derive therefrom. Prior to the publication of the order, the board shall cause to be prepared, and file for public inspection with the town clerk, a detailed explanation of how the estimated cost of hook-up fees, if any, to, and the cost of the district or extension  to,  the  typical property  and,  if  different,  the  typical one or two family home, was computed.   2. (a) If the permission of the  state  comptroller  is  not  required pursuant  to  section  two  hundred nine-f of this article because it is proposed or required that the town in which the district or extension is located shall finance the cost thereof by the issuance of bonds,  notes, certificates  or other evidences of indebtedness of the town therefor or debt service is proposed to be assumed pursuant to subdivision twelve of section one hundred ninety-eight of this chapter but  the  cost  to  the typical  property  or,  if different, the cost to the typical one or two family home is not above the average cost threshold  described  in  such section,  a  certified  copy  of  the  order  of  the town board adopted pursuant to this section shall also be filed with the state  comptroller on or about the date of the publication of a copy of such order.  (b)   Notwithstanding   the   provisions  of  paragraph  (a)  of  this subdivision, the state comptroller shall not be precluded from requiring the submission of additional information or data in such form and detail  as the state comptroller  shall  deem  sufficient  or  from  causing  an investigation  to be made with respect to the establishment or extension of a district or an increase in the maximum amount to be expended.