NY Town L § 202-B (2021)
2021 New York Laws TWN - Town Article 12 - District and Special Improvements 202-B - Increase or Improvement of Facilities.

§  202-b.  Increase or improvement of facilities. 1. Whenever it shall   determine it to be in the public interest, after  a  public  hearing  as   hereinafter  provided, the town board may acquire or construct on behalf   of a water, water storage and  distribution,  ambulance,  sewer,  sewage   disposal   or  drainage  district  additional  facilities  therefor  and   appurtenances thereto, other than the construction of a  lateral  sewer,   drain or water main authorized to be constructed pursuant to section one   hundred  ninety-nine,  and  including  additional  lands or interests in   lands,  or  may  improve  or   reconstruct   existing   facilities   and   appurtenances. The town board shall cause a map and plan of the proposed   improvement  together  with  an estimate of the cost to be prepared by a   competent engineer duly licensed by the state of New York. When the  map   and  plan  and estimate of cost has been completed, the town board shall   call a public hearing thereon and cause a notice thereof to be published   and posted in the manner prescribed in section one hundred ninety-three.   Such notice shall describe in general terms the proposed improvement  or   the  location  of  the lands to be acquired, shall specify the estimated   expense thereof and state the time when and place where the  board  will   meet  to  hear  all persons interested in the subject matter thereof. If   the town board shall decide, after such hearing and  upon  the  evidence   given thereat, that it is in the public interest to acquire or construct   the proposed improvement, the board shall direct the engineer to prepare   definite plans and specifications, and to make a careful estimate of the   expense,  and,  with  the assistance of the town attorney or an attorney   employed for that purpose,  to  prepare  a  proposed  contract  for  the   execution  of  the  work.  Thereupon  the  said board shall examine such   definite plans, specifications, estimate and the proposed contract,  and   may  reject  the  same or make such modifications and changes therein as   shall seem necessary and desirable, and adopt the  same  and  cause  the   improvement  to  be  constructed  or  acquired all in the same manner as   hereinbefore provided for the construction of trunk sewers,  drains  and   water  systems. In case the purchase of lands only is involved, the town   board, if it is determined to be in the public interest, may proceed  to   purchase such lands.In  like  manner, the town board may, after a public hearing held upon   due notice, replace obsolete, inadequate, damaged, destroyed or worn-out   apparatus and equipment or acquire additional apparatus  and  equipment.   Any  cost  or expense incurred pursuant to the authority granted by this   section shall be a charge against the district and assessed, levied  and   collected  in  the  same  manner as other charges against the particular   district. Nothing herein contained shall be  construed  to  prevent  the   financing  of  such  cost  or  expense pursuant to the provisions of the   local finance law.2. The town board may, on behalf of a park, public parking, ambulance,   lighting, snow removal,  refuse  and  garbage,  public  dock,  watershed   protection  improvement district, or beach erosion control district, and   within the limitations of  section  one  hundred  ninety-eight  of  this   chapter,   acquire   additional  apparatus  and  equipment  and  replace   obsolete, inadequate,  damaged,  destroyed  or  worn-out  apparatus  and   equipment,  and it may construct additional facilities and appurtenances   thereto  or  reconstruct  or  replace  obsolete,  inadequate,   damaged,   destroyed   or  worn-out  facilities  and  appurtenances  thereto.  Such   expenditure shall be authorized in the manner  provided  in  subdivision   one  of  this  section,  except  that the map and plan described by said   subdivision one shall not be required. However, nothing herein contained   shall be construed to limit  or  supersede  the  provisions  of  section   seventy-two hundred three of the education law. 3.  The  permission of the state comptroller shall not be required for   such expenditure, except as hereinafter provided  in  subdivision  five,   nor shall the town board be limited by the maximum amount proposed to be   expended  as  stated in the petition, or in the final order, if the town   board  proceeded under article twelve-A of this chapter, or, in the case   of  a  water  storage  and  distribution  district  or  sewage  disposal   district,  the  notice of hearing, for the establishment or extension of   the district and the construction of the original improvement,  but  the   town board shall not incur any expense in excess of the amount stated in   the notice of hearing.4.  The  powers  hereinbefore  provided in subdivisions one and two of   this section may be exercised by the town board on behalf of two or more   districts jointly, provided that such districts are wholly  situated  in   the town, and whether or not the districts were established for the same   purpose.  The  notice of hearing shall be published and the hearing held   in the manner provided in subdivision one of this section.    The  cost,   including  both  debt  service  and  operation and maintenance, shall be   annually apportioned among the districts by  the  town  board,  and  the   amounts so apportioned shall be levied and collected in each district as   provided in sections two hundred two and two hundred two-a hereof.5.  In  any  such district which is located in a town wholly or partly   within the Adirondack park and which contains state  lands  assessed  at   more  than  thirty  per  centum  of  the total assessed valuation of the   district as determined  from  the  assessment  rolls  of  the  town,  as   completed  from  time  to  time,  no  such  expenditure shall be made or   contract let for the purposes authorized in  this  section,  unless  the   state  comptroller,  on  behalf  of  the  state,  shall  consent to such   expenditure.