2023 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  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 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.