2023 New York Laws › TWN - Town › Article 12-A - Establishment or Extension of Improvement Districts--Alternate Procedure › 209-E - Establishment or Extension of Districts.

§ 209-e. Establishment or extension of districts. 1. After the hearing
held  upon  notice  as hereinbefore provided and upon the evidence given
thereat, the town board shall determine by resolution:
(a) whether the notice of hearing was published and posted as required
by law, and is otherwise sufficient;
(b) whether all the property and property owners within  the  proposed
district or extension are benefited thereby;
(c)  whether  all  the  property  and  property  owners  benefited are
included within the limits of the proposed district or extension;
(d) whether the establishment or extension of such district is in  the
public interest.
2.  (a)  If  the town board shall determine that the notice of hearing
was not published and posted as required by law or that it is  otherwise
insufficient,  or  if  it  is  determined  that  it is not in the public
interest to accomplish the establishment or extension of the district as
proposed, the town board shall adopt a resolution  stating  the  reasons
for  its determination not to establish or extend the district and enter
the same in the minutes of its proceedings.
(b) If the town board  shall  determine  that  the  notice  of  public
hearing  was  published  and  posted as required by law and is otherwise
sufficient, and that it is in the public interest to establish or extend
such district, either in whole or in part, but shall find that any  part
or  portion  of  the  property  or  property  owners within the proposed
district or extension are not benefited thereby or that certain property
or property owners benefited thereby have not been included therein, the
town board shall specify the necessary changes of the boundaries of  the
proposed  district  or  extension  to  be  made in order that all of the
property and property owners and only such property and property  owners
as  are  benefited  shall  be  included within such proposed district or
extension, and the board shall call a  further  hearing  at  a  definite
place  and  time  not  less  than fifteen nor more than twenty-five days
after such determination.  Notice  of  such  further  hearing  shall  be
published  and  posted  in  the  manner  provided in section two hundred
nine-d hereof except that such notice shall also specify the  manner  in
which it is proposed to alter the boundaries of the proposed district or
extension. Such further hearing shall be conducted in the same manner as
the original hearing.
3.  If  and when the town board shall determine in the affirmative all
of the questions set forth in subdivision one of this section, the board
may adopt a resolution approving the establishment or extension  of  the
district   as  the  boundaries  shall  be  finally  determined  and  the
construction of the improvement or providing  of  the  service  therein,
which  resolution  shall  be  subject  to a permissive referendum in the
manner provided in article seven of this chapter, except as  hereinafter
provided.  The proposition submitted must be approved by the affirmative
vote of a majority of the owners of taxable real property situate in the
proposed district or proposed extended district as shown upon the latest
completed assessment-roll of the town, voting  on  such  proposition.  A
petition  requesting  a  referendum  shall  be sufficient if signed, and
acknowledged or proved in the same manner as a deed to be  recorded,  or
authenticated  in  the  manner  prescribed  by  the election law for the
authentication of nominating petitions, by the owners  of  taxable  real
property situate in the proposed district or proposed extended district,
as  shown  upon  the  latest  completed assessment-roll of said town, in
number equal to at least five per cent  of  the  total  number  of  such
owners,  or  by one hundred of such owners, whichever is the lesser. For
the purposes of this section, a corporate owner  of  such  taxable  real
property  shall  be  considered one owner for the purposes of a petition

requesting a referendum and shall be entitled to one vote to be cast  by
an  officer  or agent of the corporation or other duly authorized person
designated by appropriate resolution of such corporation. 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 same.
4.  (a)  If  after  the  expiration  of the time for filing a petition
requesting that the matter be submitted to a referendum of the  property
owners  of  the proposed district or proposed extended district, no such
petition has been filed with the town clerk, he shall file a certificate
stating such fact in the office of  the  county  clerk  and,  where  the
permission of the state comptroller is required for the establishment or
extension  of  a  district and the construction of an improvement or the
providing of a service therein, in the office of the department of audit
and control at Albany, New York.
(b) If such a  petition  was  filed  and  after  the  referendum  held
pursuant  to  this  section,  the  town  clerk  shall prepare and file a
certificate stating that a petition was filed and a referendum was  held
pursuant  to the provisions of this section and certifying the result of
the vote on the proposition submitted at such referendum in  the  office
of  the  county clerk and, where the permission of the state comptroller
is required for the establishment or extension of  a  district  and  the
construction of an improvement or the providing of a service therein, in
the office of the department of audit and control at Albany, New York.