Section 202. Expenses of improvement; how raised  


Latest version.
  • 1. The expense of any
      public improvement made under authority of this  article  shall  include
      the  amount  of  all  contracts,  the  costs  of all lands and interests
      therein necessarily acquired including the total payments  of  principal
      remaining   on   obligations   assumed  pursuant  to  paragraph  (b)  of
      subdivision twelve of section one hundred  ninety-eight,  the  costs  of
      erection  of  necessary buildings for operation or administration of the
      improvement,  printing,  publishing,  interest  on  loans,   legal   and
      engineering  services  and  all other expenses incurred or occasioned by
      reason  of  the  improvement  or  project.  The  town  board,  upon  the
      submission of a verified statement of the cost of preparation of the map
      and  plan  accompanying  a  petition  for  the establishment of a sewer,
      wastewater  disposal,  drainage,  water  or  water   quality   treatment
      district, and upon the submission of a verified statement of the cost to
      petitioners   for   legal   services   rendered   in  a  proceeding  for
      establishment or extension of any improvement district,  may  refund  to
      the  petitioners  the  reasonable cost thereof and include the amount or
      amounts refunded as a part of the cost of the improvement. In  addition,
      the  town  board  may apportion against and charge to the cost of making
      any improvement an allowance for  any  services  rendered  by  the  town
      attorney,  town  engineer  or  any  salaried  town  employee,  when such
      services have been necessary to or occasioned by reason of the making of
      the particular improvement.
        2. The expense of the  establishment  of  a  sewer,  sewage  disposal,
      wastewater disposal, drainage or water quality treatment district and of
      constructing   a   trunk   sewer  or  drainage  system  therein  and  of
      constructing  lateral  sewers,  drains  and  water  mains  pursuant   to
      paragraph (a) of subdivision one of section one hundred ninety-nine, and
      of  constructing  street  improvements  pursuant  to section two hundred
      shall be borne by local assessment upon the several lots and parcels  of
      lands  which the town board shall determine and specify to be especially
      benefited by the improvement, and the town  board  shall  apportion  and
      assess  upon  and  collect  from the several lots and parcels of land so
      deemed benefited, so much upon  and  from  each  as  shall  be  in  just
      proportion  to  the amount of benefit which the improvement shall confer
      upon the same.
        3. The expense of the establishment of a park, public parking,  water,
      lighting,   snow   removal,  water  supply,  water,  water  storage  and
      distribution, sidewalk, refuse and garbage, aquatic plant growth control
      district, ambulance district, harbor improvement district,  public  dock
      district,  fallout  shelter district, or beach erosion control district,
      and providing improvements  or  services,  or  both,  therefor,  and  of
      constructing   lateral   water   mains  pursuant  to  paragraph  (b)  of
      subdivision one of section one hundred ninety-nine, shall  be  assessed,
      levied  and  collected  from the several lots and parcels of land within
      the district for each purpose in the same manner and at the same time as
      other town charges, except as otherwise provided by law.  In  the  event
      that  any  order  adopted pursuant to section two hundred nine-d of this
      chapter for the establishment of a water district, sidewalk district,  a
      public parking district, a refuse and garbage district, an aquatic plant
      growth control district, lighting district, or beach erosion and control
      district or that any petition for the establishment of a water district,
      sidewalk  district,  a  public  parking  district,  a refuse and garbage
      district, an aquatic plant growth control district,  lighting  district,
      or  beach  erosion  control district, shall contain a statement that the
      cost of constructing the water system, sidewalks,  lighting  system,  or
      acquiring  and  improving  lands  for  public  parking or for refuse and
      garbage purposes or for beach erosion  control,  or  for  aquatic  plant
    
      growth  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,  the amount to be raised for the payment of the principal and
      interest  of  the bonds issued for the construction of the water system,
      sidewalks, lighting system, or acquiring and improving lands for  public
      parking or for refuse and garbage purposes or for beach erosion control,
      or for aquatic plant growth control, pursuant to such petition or order,
      shall  be  assessed on the lands within such district in the same manner
      as provided in the case of trunk sewers.  The  expense  of  constructing
      lateral  water  mains  pursuant  to  paragraph (c) of subdivision one of
      section one hundred ninety-nine shall be assessed, levied and  collected
      from  the  several  lots  and  parcels  of  land  within the district in
      proportion to the area of such lot or parcel of land to the  total  area
      of the district.
        4.  Except as provided in section two hundred four of this article, in
      all districts in which assessments have heretofore been levied  upon  an
      ad  valorem  basis,  assessments shall hereafter be levied upon the same
      basis. In all districts in which assessments have heretofore been levied
      upon a benefit basis, assessments shall hereafter  be  levied  upon  the
      same basis.
        5.  The  expense  of  any  extension  to  an  existing  water,  sewer,
      wastewater disposal or drainage district shall include all the costs and
      expenses occasioned by reason of such extensions and in addition thereto
      such proportion of the cost of any reservoir or reservoirs,  standpipes,
      water  purification  works,  pumping  stations  and  main  water  lines,
      including lands, of the original district and  such  proportion  of  the
      cost  of  the  outfall  and trunk sewer and sewage disposal or treatment
      works including lands of the original district, as the town board  shall
      determine.  If  the expense of constructing an improvement in a district
      shall be borne by local assessment  upon  the  lands  deemed  especially
      benefited  by the improvement and in proportion to the amount of benefit
      which the improvement  conferred  upon  the  same,  the  expense  of  an
      extension  to  such district shall be borne by local assessment upon the
      several lots and parcels of land within the  extension  which  the  town
      board  shall  determine  and  specify  to be especially benefited by the
      improvement, and the town board shall  apportion  and  assess  upon  and
      collect  from  the several lots and parcels of land so deemed benefited,
      so much upon each as shall be  in  just  proportion  to  the  amount  of
      benefit which the improvement shall confer upon the same. If the expense
      of  constructing  or  providing  an  improvement  in a district shall be
      assessed, levied and collected from the several lots or parcels of  land
      within  the  district  in  the same manner and at the same time as other
      town charges, the expense of an extension to such district shall also be
      assessed, levied and collected from the several lots and parcels of land
      within such extension in the same manner and at the same time  as  other
      town charges.
        6. Notwithstanding the provisions of subdivision five of this section,
      whenever  pursuant  to  section  two  hundred six-a of this article, all
      expenses  of  a  district,  including  all  extensions  thereto,   shall
      thereafter  be  charged  against  the  entire  area  of  the district as
      extended, then the cost of all improvements for  the  original  district
      and  any  extensions  thereto,  together  with  the  cost of any further
      improvements authorized pursuant to section one hundred  ninety-nine  or
      two hundred two-b of this article, shall be assessed against the area of
      the  entire  district,  as  extended,  utilizing  a  single consolidated
      assessment roll.