Section 209-F. Application for permission of state comptroller to establish or extend district

1. Unless it is proposed or required that  the  town
  in  which  such  district or extension is located shall finance the cost
  thereof by the issuance of  the  bonds,  notes,  certificates  or  other
  evidences of indebtedness of the town therefor, or shall assume the debt
  service  on  obligations  issued  to  finance  the  cost  of facilities,
  pursuant to subdivision twelve of section one  hundred  ninety-eight  of
  this  chapter, and, if the state comptroller shall have computed average
  estimated costs for similar types of districts, the cost of the district
  or extension to the typical property or, if different, the cost  of  the
  district or extension to the typical one or two family home as stated in
  the notice of hearing is above the average estimated cost to the typical
  properties  or homes for the establishment or extension of similar types
  of districts as may be annually computed by the state  comptroller,  the
  permission  of  the  state  comptroller  shall  not  be required for the
  establishment or extension of a district  and  the  construction  of  an
  improvement or the providing of a service therein, including an increase
  in  the  maximum amount proposed to be expended for the improvement in a
  district, except as otherwise provided by section two hundred  two-b  of
  this  chapter.  The  state  comptroller  annually shall provide to towns
  notice of the average cost thresholds as may be computed  in  accordance
  with this section.
    2.  Where  the  permission  of  the  state comptroller is not required
  pursuant to this section and  if  the  certificate  of  the  town  clerk
  required to be filed pursuant to subdivision four of section two hundred
  nine-e of this article establishes that no petition was filed requesting
  a  referendum or that such petition was filed and the result of the vote
  on the proposition submitted at the referendum held pursuant thereto was
  in  the  affirmative,  the  town  board  shall  adopt  a   final   order
  establishing or extending the district.
    3.  (a)  Except  as  otherwise  provided  in  subdivision  one of this
  section, within ten days after the adoption of a resolution  by  a  town
  board  approving  the  establishment  or extension of a district and the
  construction of an improvement or the providing of  a  service  therein,
  the  town  clerk  of  the  town  shall  file  a  certified  copy of such
  resolution, in duplicate, in the office of the state department of audit
  and control at Albany,  New  York,  together  with  an  application,  in
  duplicate,  for permission to create or extend such district as the case
  may  be.  Such  application  shall  be  executed  and  verified  by  the
  supervisor,  or  such  other officer of the town as the town board shall
  determine, and shall include the following:
    (1) A certified copy of the notice of public hearing,  with  proof  of
  publishing  and posting thereof as required by this article, and, in the
  instance of a sewer, wastewater disposal, drainage or water district, of
  the map, plan and report filed in the town clerk's  office  pursuant  to
  section two hundred nine-c;
    (2)  An itemized statement of the then outstanding indebtedness of the
  town for all purposes, as evidenced by bonds, bond  anticipation  notes,
  capital  notes,  deferred  payment notes and budget notes; the amount of
  budgetary  appropriations  for  the  payment  of  any  such  outstanding
  indebtedness,  whether  or not such appropriations have been realized as
  cash; the amount of indebtedness  proposed  to  be  contracted  for  the
  improvement, and the amounts, purposes and probable dates of issuance of
  any  bonds,  bond  anticipation  notes,  capital notes, deferred payment
  notes and budget notes which the town has authorized to  be  issued  but
  which in fact have not been issued on the date of such application;
    (3)  A  statement  of  the  aggregate  assessed  valuation of the real
  property situated in the proposed district or extension thereof, as such

  assessed valuations are shown on the last completed assessment  roll  of
  the town prior to the date of such application;
    (4)  A  statement  of  the  average full valuation of the taxable real
  property of the town. Such average full valuation shall be determined in
  accordance with the provisions of the  first  paragraph  of  subdivision
  seven-a of section 2.00 of the local finance law;
    (5)  A  statement  as to the manner in which it is proposed to finance
  the cost of the improvement.
    (b) Whenever such an application shall be filed in the office  of  the
  department of audit and control, the state comptroller shall within five
  days  thereafter  give notice thereof to the board of supervisors of the
  county in which such proposed district or extension is located by filing
  with  the  clerk  of  such  board  of  supervisors  one  copy  of   such
  application.  At  any  time  within  fifteen  days  of the filing of the
  application, the board of supervisors may file an objection, in writing,
  in the office of the department of audit and control.
    (c) Thereafter and subsequent to the  filing  in  the  office  of  the
  county  clerk and the department of audit and control of the certificate
  required to be filed by the town clerk pursuant to subdivision  four  of
  section  two hundred nine-e of this article, the state comptroller shall
  determine  whether  the  public  interest  will   be   served   by   the
  establishment  or  extension  of  the district and also whether the cost
  thereof will be an undue  burden  upon  the  property  of  the  proposed
  district   or   extension.   The   state   comptroller   may  make  such
  determinations upon the original or any amended application, or  in  his
  discretion  may require the submission of additional information or data
  in such form and detail as he shall deem sufficient,  or  may  cause  an
  investigation  to be made, to aid him in making the determinations above
  mentioned.
    4. Upon the expiration of fifteen days from the date of the filing  of
  such  application  with  the  clerk  of  the  board  of supervisors, the
  comptroller shall make an  order,  in  duplicate,  granting  or  denying
  permission  for the establishment or extension of the district and shall
  file one copy of such order in the office of  the  state  department  of
  audit  and  control  at Albany, New York, and the other in the office of
  the town clerk of the town in which the proposed district  or  extension
  is located. The town clerk shall present such order to the town board of
  the  town at the next meeting thereof. If the certificate required to be
  filed by the town clerk pursuant to the provisions of  subdivision  four
  of   section  two  hundred  nine-e  of  this  article  states  that  the
  proposition  submitted  at  such   referendum   was   disapproved,   the
  comptroller  shall  return  the  application  to  the town clerk without
  taking any action thereon.
    5.  If  the  state  comptroller  shall   deny   permission   for   the
  establishment  or  extension  of  the  district,  the  town  board shall
  forthwith adopt an order terminating its proceedings in connection  with
  the  proposed  establishment or extension of such district. If the state
  comptroller shall grant permission therefor, the town board shall  adopt
  a  final  order establishing the district or extension as the boundaries
  shall be finally determined.