Section 209-D. Notice of hearing; cost to typical property  


Latest version.
  • 1. Subsequent to
      the date of the filing of the map, plans and report in the office of the
      town clerk as required in section two hundred nine-c of this article the
      town  board  may adopt an order and enter the same in the minutes of its
      proceedings reciting a description of the  boundaries  of  the  proposed
      district  or  extension  in  a  manner  sufficient to identify the lands
      included therein as in a deed of conveyance, the improvements  proposed,
      the  maximum  amount  proposed  to  be expended for the improvement, 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, the proposed method of financing to be employed, the
      fact that a map, plan and report describing the same are on file in  the
      town  clerk's  office for public inspection and specifying the time when
      and the place where said board will meet and hold a  public  hearing  to
      hear all persons interested in the subject thereof, concerning the same.
      If  such  order  proposes  only  the performance or supplying of certain
      services, it may state the maximum amount to be  expended  annually  for
      such  services.  The  board  shall  cause  a  copy  of  such order 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 sign-board 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.  Such  order may further state such place other than the town
      clerk's office where the map, plan and report may be examined in advance
      of the hearing, if  the  town  board  determines  that,  in  the  public
      interest,  some  other  additional place is necessary or desirable. If a
      water district, sidewalk district, a public parking district,  a  refuse
      and  garbage  district,  aquatic  plant growth control district or beach
      erosion control district is proposed, such order may contain a statement
      that the cost of constructing the water system, sidewalks  or  acquiring
      lands  for public parking or for refuse and garbage purposes, or aquatic
      plant growth control purposes or for  beach  erosion  control  shall  be
      assessed  by  the  town  board  in proportion as nearly as may be to the
      benefit which each lot or parcel will derive  therefrom.  Prior  to  the
      publication 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.
        2.  (a)  If  the  permission  of the state comptroller is not required
      pursuant to section two hundred nine-f 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 is proposed to be assumed pursuant to subdivision twelve of
      section  one  hundred  ninety-eight  of this chapter 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 such
      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.
        (b)  Notwithstanding  the  provisions  of  paragraph   (a)   of   this
      subdivision, 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.