NY Town L § 193 (2021)
2021 New York Laws TWN - Town Article 12 - District and Special Improvements 193 - Notice of Hearing on Petition; Cost to Typical Property; Definitions.

§  193.  Notice  of  hearing  on  petition;  cost to typical property; definitions. 1. a. Whenever a petition shall be presented  to  the  town board  pursuant to this article, for the establishment or extension of a sewer, wastewater disposal, drainage, water,  water  quality  treatment, park,  public  parking,  lighting, snow removal, water supply, sidewalk, refuse and garbage, aquatic plant  growth  control  district,  ambulance district,  harbor  improvement  district,  public  dock  district, beach erosion control district, watershed protection improvement district,  or a fallout shelter district, the board shall adopt an order and enter the same  in  the  minutes of its proceedings, reciting in general terms the filing of such petition, the boundaries of the  proposed  district,  the improvements  proposed,  the  maximum amount proposed to be expended for the improvement as stated in the petition or the maximum  amount  to  be expended  for  the  performance  or  supplying  of services if a maximum amount is stated in the petition, 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, and specifying the time when  and  place  where  said  board  will  meet  to consider  the petition and to hear all persons interested in the subject thereof, concerning the same. The board  shall  cause  a  copy  of  such order, certified by the town clerk, 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 signboard 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.  In  the  event that the town maintains a website, such information may also be provided on  the  website.  Prior  to the publication of a copy 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.   b. (1) If the permission of the  state  comptroller  is  not  required pursuant  to  section one hundred ninety-four 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  as  proposed  to  be  assumed  pursuant  to subdivision  twelve  of section one hundred ninety-eight of this article 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 that 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.  (2)  Notwithstanding  the  provisions  of  subparagraph  one  of  this paragraph, 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.   2. For purposes of this article the following definition shall apply:   a.  the term "typical property" shall mean a benefited property having an assessed value that approximates the assessed value of  the  mode  of the benefited properties situated in the district or extension that will be required to finance the cost of the proposed improvements;    b.  the  term  "typical one or two family home" shall mean a benefited property improved by a one or two family dwelling and having an assessed value that approximates the assessed value of the mode of the  benefited properties  improved  by  one  or  two  family dwellings situated in the district  or  extension that will be required to finance the cost of the proposed improvements:   c. the terms "cost  of  the  district  or  extension  to  the  typical property"  and  "cost of the district or extension to the typical one or two family home" shall mean the amount that it  is  estimated  that  the owner  of  such  a  typical  property  or  home  within  the district or extension will be required  to  pay  for  debt  service,  operation  and maintenance  and  other  charges,  such  as user charges, related to the improvements in the first year following formation of  the  district  or extension  or, if greater, in the first year in which both principal and interest on any indebtedness and operation and maintenance costs will be paid.   d. the term "mode" shall mean, in connection with  assessed  value  of property,  the  most frequently occurring assessed value as shown on the latest completed final assessment roll.