Section 35.00. Bond resolution subject to referendum; towns

a. A bond
  resolution adopted by the finance board of any town for the  purpose  of
  financing  a  town  highway improvement shall be subject to a permissive
  referendum or such resolution may be submitted to a referendum  by  such
  finance  board  on  its  own motion, in the manner prescribed in article
  seven of the town law, as amended from time to time, if no part  of  the
  cost  of  any  such  improvement  is to be paid by the county, or by the
  state, as provided in the  highway  law  or  is  to  be  levied  against
  property   situated  within  any  incorporated  village  in  such  town.
  Notwithstanding the foregoing  provisions  of  this  paragraph,  a  bond
  resolution  or  resolutions  adopted  by  the  finance board of any town
  authorizing the issuance of bonds for any such town highway  improvement
  or  improvements to the extent of not to exceed fifteen thousand dollars
  in the aggregate in any fiscal year of the town shall not be subject  to
  such  permissive referendum if the bonds have a proposed maturity of not
  more than five years to be measured from the date of the bonds  or  from
  the  date  of the first bond anticipation note issued in anticipation of
  sale of such bonds, whichever date  is  the  earlier.  Furthermore,  the
  foregoing  provisions  of  this  paragraph  shall  not  apply  to a bond
  resolution authorizing the issuance of  bonds  to  finance  improvements
  undertaken  pursuant  to  either  section  two  hundred  or  section two
  hundred-a of the town law, as amended from time to time.
    b. Except as otherwise provided in paragraph a of this section,
    1. A bond resolution adopted by the finance board of a town  shall  be
  subject  to  a permissive referendum or such resolution may be submitted
  to a referendum by such finance board on its own motion, in  the  manner
  prescribed  in  article  seven  of the town law, as amended from time to
  time.
    The foregoing provisions of this paragraph b shall not apply to a bond
  resolution authorizing the issuance of bonds:
    (1) With a proposed maturity  of  not  more  than  five  years  to  be
  measured  from  the date of the bonds or from the date of the first bond
  anticipation note issued in anticipation of  the  sale  of  such  bonds,
  whichever date is the earlier.
    (2)  For  any  district  or special improvement authorized by articles
  three-A, twelve, twelve-A and twelve-C of the town law, as amended  from
  time  to  time,  or  for  any  such  improvement authorized by any other
  general or special law where the cost thereof is  to  be  assessed  upon
  benefitted  real  property  except  for a bond resolution adopted by the
  finance board of the Town of Oyster Bay for the purpose of financing  an
  original capital improvement for an existing park district in said town,
  where  the  estimated  maximum  cost  of  such  improvement shall be two
  million or more.
    (3) For the construction, pavement or other improvement of a street or
  highway through such town, the cost of which is to be paid  in  part  by
  such town and in part by the county or state, as provided in the highway
  law, as amended from time to time.
    (4)  For  the  payment  of judgments, or compromised or settled claims
  against such town, or awards or sums payable by such town pursuant to  a
  determination  by  a  court,  or an officer, body or agency acting in an
  administrative or quasi-judicial capacity.
    c. The expenditure  of  money  for  which  it  is  proposed  to  issue
  obligations shall not be subject to a permissive or mandatory referendum
  in any town.
    d.  The  provisions  of  paragraphs  a and b of this section shall not
  apply to any bond resolution which authorizes the issuance of bonds  for
  the  reconstruction of a bridge, tunnel, viaduct or underpass or for the
  reconstruction or repair of a highway, road, street, parkway or  parking

  area,  whether  or  not  including  sidewalks, curbs, gutters, drainage,
  landscaping  or  grading,  if  (1)  such  reconstruction  or  repair  is
  necessitated  by  a  storm,  flood,  earthquake  or  other unforeseeable
  disaster  and  (2)  the county superintendent of highways certifies that
  such work should be commenced within eight months after such disaster in
  order to prevent unusual peril to the lives and property of the citizens
  of the town and (3) such bond resolution has been adopted  within  eight
  months after such disaster.