2023 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 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.