2023 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.