2023 New York Laws › TWN - Town › Article 12 - District and Special Improvements › 190-C - Preparation of Maps and Plans.

§  190-c.  Preparation  of maps and plans.  1. Upon a petition signed,
  and acknowledged or proved in the same manner as a deed to be  recorded,
  or  authenticated  in  the  manner  provided by the election law for the
  authentication of nominating petitions, by at least  twenty-five  owners
  of  taxable  real  property situated within each water district or water
  supply  district  proposed  to  be  included  in  a  water  storage  and
  distribution  district  or  by  five per centum of the owners of taxable
  real property situated within each such  district,  whichever  shall  be
  less,  or,  in the case of a water district governed by a separate board
  of commissioners, by a majority of such board, the town board shall,  or
  on  its  own  motion,  after  a public hearing, may, make a study of the
  proposal and for such purpose it may assemble data relating to the water
  resources available to the town and the possibility of  developing  such
  resources, may conduct investigations, make inquiries and conduct public
  meetings  upon  such  notice  as it shall deem proper for the purpose of
  examining into the matter, and, if such preliminary study shall, in  its
  opinion,  warrant  further  action,  may  cause  maps  and  plans  to be
  prepared. Such maps and plans shall show (1) the identity and boundaries
  of the water districts which the town board in  its  judgment  considers
  will  be  benefited by the establishment or extension of a water storage
  and distribution district, (2) a written description, as in  a  deed  of
  conveyance,  of  the  boundaries  of  the  proposed  water  storage  and
  distribution district or extension, (3) the source of water supply and a
  description  of  the  lands,  streams,  water  and  water   rights   and
  facilities,  if  any, to be acquired therefore, the mode of constructing
  the proposed water works and the location thereof, including reservoirs,
  water  purification  or  treatment  works,  standpipes,  wells,  pumping
  stations, aqueducts and mains, (4) estimates of the cost of construction
  or acquisition of the facilities as shown on the maps and plans, and (5)
  the  method  of  financing the same including estimates of revenue to be
  derived annually from the sale  of  water  to  water  and  water  supply
  districts within the water storage and distribution district and revenue
  to  be  derived  from  the  sale of water to a village or from any other
  source; estimates of the cost of acquisition and construction  of  water
  storage and distribution facilities, of maintenance and operation and of
  debt service.
2.  The  notice of public hearing to be held as aforesaid shall recite
  in general terms the purpose thereof, describe  the  boundaries  of  the
  proposed district or extension and specify the time when and place where
  the  town  board  will  meet to consider the proposition and to hear all
  persons interested in the subject thereof concerning  the  same.    Such
  notice  shall  be  published  and  posted  as  prescribed in section one
  hundred ninety-three of this chapter.
3. After such maps and plans shall have been prepared, the town  board
  shall,  by  resolution, designate the place where and time when a public
  hearing will be held to consider the establishment  or  extension  of  a
  town water storage and distribution district. The town board shall cause
  a  notice  of  such  hearing  to  be  published and posted in the manner
  prescribed in section one hundred ninety-three. The notice shall  comply
  with the requirements of section one hundred ninety-three as to content,
  except that no recitation of the filing of a petition shall be made.
4.  Establishment  or  extension  of  the  district.  After the public
  hearing, the town board  shall  proceed  in  the  manner  prescribed  by
  sections  one  hundred  ninety-four,  one  hundred  ninety-five  and one
  hundred ninety-seven of this chapter and all of the provisions  of  said
  sections  shall apply to the establishment or extension of water storage
  and  distribution  districts  except  that  the  town  board  shall  not
  determine whether the petition is signed, and acknowledged or proved, or

  authenticated,  as  required  by  law  and  is  otherwise sufficient and
  provided further  that  a  resolution  approving  the  establishment  or
  extension  of  the district shall be subject to permissive referendum in
  the  manner  provided  in  article  seven  of  this  chapter,  except as
  hereinafter provided. The time within which a petition  requesting  that
  the  matter  be  submitted  to  the  qualified electors of the districts
  affected shall be sixty days after the adoption of  the  resolution  and
  the  proposition submitted must be approved by the affirmative vote of a
  majority of the qualified electors of each district  voting  thereon.  A
  petition  requesting  a  referendum  shall  be sufficient if signed, and
  acknowledged or proved,  or  authenticated,  as  to  each  district,  by
  twenty-five  owners of taxable real property situated therein, by owners
  of taxable real property situated in any of the districts equal  to  the
  product  obtained  by multiplying the number of districts by fifty or by
  fifty per centum of all of the owners of taxable real property  situated
  in  one  district.  The  town  clerk shall cause to be prepared and have
  available for distribution proper  forms  for  the  petition  and  shall
  distribute a supply to any person requesting the same.