2023 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.