Section 202-C. Dissolution and diminishing area of certain districts

* 1.
  Upon a petition, as hereinafter provided, the town board of any town may
  dissolve and discontinue any lighting, snow removal,  water  supply,  or
  refuse and garbage district or a sewer district in which no sewer system
  has   been   constructed,   provided  that  there  be  no  indebtedness,
  outstanding and unpaid, incurred to accomplish any of  the  purposes  of
  such  district.  Such  petition  shall  be  signed by resident owners of
  taxable real property aggregating at least one-half of all  the  taxable
  real  property of the district owned by resident owners according to the
  latest completed assessment roll of the town, and acknowledged or proved
  in the same manner as a deed to be recorded,  or  authenticated  in  the
  manner provided by the election law for the authentication of nominating
  petitions.  When  any  such  petition containing the required signatures
  shall have been presented, the town board shall adopt an order and enter
  the same in the minutes of its proceedings, reciting  in  general  terms
  the filing of the petition, and specifying the purpose thereof, the name
  and  boundaries  of  the district and the time when and place where said
  board will meet to  consider  the  petition  and  to  hear  all  persons
  interested  in  the subject thereof concerning the same. If the petition
  shall propose that the area of the district  be  diminished,  the  order
  shall  also  describe  the portion of the district to be eliminated. The
  board shall cause a copy of such order, certified by the town clerk,  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 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.  If  the  town  board shall determine, after such hearing and
  upon the evidence given thereat, that it is in the  public  interest  to
  dissolve  the  district  or to diminish the area thereof, the town board
  shall adopt an order accordingly dissolving the district or  diminishing
  its  area.  If there are any contracts to accomplish the purpose of such
  district in force and effect, the town board  shall  not  dissolve  such
  district, nor diminish the area thereof, prior to the expiration of such
  contracts.  If  the  district  dissolved  be  wholly  within  a  village
  incorporated since said district was formed and prior  to  April  first,
  nineteen  hundred sixty-five, all of the property of such district shall
  be and become the  property  of  such  village  and  such  village  upon
  delivery  thereof,  shall  assume  and  pay  all  of  the  debts of such
  district. If the district shall not be wholly included within the limits
  of any village incorporated since said  district  was  formed,  all  the
  property of such district shall become the property of the town and such
  town  upon  delivery thereof, shall assume and pay all the debts of such
  district.
    * NB Effective until March 21, 2010
    * 1. The town board of any town may  dissolve  and  discontinue  those
  districts  described  hereinafter  pursuant  either to the provisions of
  article seventeen-A of the  general  municipal  law  or  the  procedures
  provided in this section.
    * NB Effective March 21, 2010
    * 1-a.  Upon  a  petition, the town board of any town may dissolve and
  discontinue any lighting, snow removal,  water  supply,  or  refuse  and
  garbage  district  or a sewer district in which no sewer system has been
  constructed, provided that there be  no  indebtedness,  outstanding  and
  unpaid,  incurred  to  accomplish  any of the purposes of such district.
  Such petition shall be signed by at least ten percent or five  thousand,
  whichever  is less, of the registered voters in this state registered to

  vote in such district and authenticated in the manner  provided  by  the
  election  law  for  the authentication of nominating petitions. When any
  such  petition  containing  the  required  signatures  shall  have  been
  presented, the town board shall adopt an order and enter the same in the
  minutes  of its proceedings, reciting in general terms the filing of the
  petition, and specifying the purpose thereof, the name and boundaries of
  the district and the time when and place where said board will  meet  to
  consider  the petition and to hear all persons interested in the subject
  thereof concerning the same. If the petition shall propose that the area
  of the district be diminished, the order shall also describe the portion
  of the district to be eliminated. The board shall cause a copy  of  such
  order, certified by the town clerk, 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 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.  If  the  town board shall
  determine, after such hearing and upon the evidence given thereat,  that
  it is in the public interest to dissolve the district or to diminish the
  area thereof, the town board shall adopt an order accordingly dissolving
  the  district  or  diminishing  its  area. If there are any contracts to
  accomplish the purpose of such district in force and  effect,  the  town
  board  shall  not dissolve such district, nor diminish the area thereof,
  prior to the expiration of such contracts. If the district dissolved  be
  wholly  within a village incorporated since said district was formed and
  prior to April first, nineteen hundred sixty-five, all of  the  property
  of  such  district  shall be and become the property of such village and
  such village upon delivery thereof, shall assume  and  pay  all  of  the
  debts  of  such  district.  If the district shall not be wholly included
  within the limits of any village incorporated since  said  district  was
  formed,  all  the property of such district shall become the property of
  the town and such town upon delivery thereof, shall assume and  pay  all
  the debts of such district.
    * NB Effective March 21, 2010
    2. Whenever the town board of any town shall determine it to be in the
  public  interest, said town board may, upon its own motion and without a
  petition, but after a public hearing held in the  manner  and  upon  the
  notice  specified  in  subdivision  one  of  this  section, dissolve and
  discontinue any sewer, drainage, water, park, public parking,  lighting,
  snow removal, water supply, refuse and garbage, or public dock district,
  provided  that  the  period  of three years shall have elapsed since the
  date of establishment of such district and that no improvement has  been
  constructed  or service provided for such district at any time since the
  establishment  thereof  and  further   provided   that   there   be   no
  indebtedness,  outstanding and unpaid, incurred to accomplish any of the
  purposes of such district.
    2-a. Notwithstanding any other provision of general, special or  local
  law,  rule or regulation to the contrary, whenever the town board of the
  town of Islip shall determine it to be in the public interest, said town
  board may, upon its own motion and  without  a  petition,  but  after  a
  public  hearing  held  in  the  manner  and upon the notice specified in
  subdivision one of this section,  dissolve  and  discontinue,  merge  or
  combine any refuse and garbage district or districts, or otherwise amend
  same  or  delete  services  therefrom  as  proposed  by such town board,
  provided that a period of three years shall have elapsed since the  date
  of  establishment  of any such district and that no improvement has been
  constructed for such  district  at  any  time  since  the  establishment

  thereof   and,   further,   provided  that  there  be  no  indebtedness,
  outstanding and unpaid, incurred to accomplish any of  the  purposes  of
  such district.
    2-b.  Notwithstanding any other provision of general, special or local
  law, rule or regulation to the contrary, whenever the town board of  the
  town of Brookhaven shall determine it to be in the public interest, said
  town  board  may,  upon its own motion and without petition, but after a
  public hearing held in the manner  and  upon  the  notice  specified  in
  subdivision  one of this section, dissolve and discontinue, diminish the
  size of, extend, merge or combine any refuse  and  garbage  district  or
  districts,  or  otherwise  amend same, change the basis of assessment of
  properties within the district or districts from ad valorem to  benefit,
  or  delete  services therefrom or expand services thereto as proposed by
  such town board, provided that a period of at least one year shall  have
  elapsed since the date of establishment of any such district and that no
  improvement has been constructed for such district at any time since the
  establishment   thereof   and,   further,  provided  that  there  be  no
  indebtedness, outstanding and unpaid, incurred to accomplish any of  the
  purposes  of  such  district.  In addition to the above limitations, any
  resolution of the town board  of  the  town  of  Brookhaven  merging  or
  combining  any  refuse  and  garbage  districts  shall  be  subject to a
  permissive referendum in the manner prescribed in article seven of  this
  chapter,  except  that  a  petition  requesting  a  referendum  shall be
  sufficient only if signed, and acknowledged or proved, or authenticated,
  by at least ten percent of the qualified electors residing  within  each
  affected district.
    2-c.  Notwithstanding any other provision of general, special or local
  law, rule or regulation to the contrary, whenever the town board of  the
  town  of Brighton, Monroe county, shall determine it to be in the public
  interest, said town board  may,  upon  its  own  motion  and  without  a
  petition,  but  after  a  public hearing held in the manner and upon the
  notice specified in subdivision one of this section, diminish  the  Home
  Acres,  Roselawn,  and  Bel-Air refuse and garbage districts by deleting
  therefrom the  non-residential  properties  fronting  on  Monroe  avenue
  presently  included  in  said districts, provided that a period of three
  years shall have elapsed since the date of  establishment  of  any  such
  district  and that no improvement has been constructed for such district
  at any time since the establishment thereof and, further  provided  that
  there be no indebtedness, outstanding and unpaid, incurred to accomplish
  any  of the purposes of such district on the effective date of any order
  adopted by the town  board  pursuant  to  this  subdivision.  Any  order
  adopted  by the town board pursuant to this subdivision shall be subject
  to a permissive referendum pursuant to article seven of this chapter.
    * 2-d. Notwithstanding any other  provision  of  general,  special  or
  local  law,  rule or regulation to the contrary, whenever the town board
  of the town of Southeast, Putnam county shall determine it to be in  the
  public  interest,  said  town board may, upon its own motion and without
  petition, but after a public hearing held in the  manner  and  upon  the
  notice  specified  in  subdivision  one  of  this  section, dissolve and
  discontinue the Lakeview Manor Park District, provided that there be  no
  indebtedness,  outstanding and unpaid, incurred to accomplish any of the
  purposes of such district.
    * NB There are 2 sub 2-d's
    * 2-d. Notwithstanding any other  provision  of  general,  special  or
  local  law,  rule or regulation to the contrary, whenever the town board
  of the town of Putnam Valley shall determine it  to  be  in  the  public
  interest, said town board may, upon its own motion and without petition,
  but  after  a  public  hearing  held  in  the manner and upon the notice

  specified in subdivision one of this section, dissolve  and  discontinue
  any  refuse and garbage district or districts, provided that a period of
  at least one year shall have elapsed since the date of establishment  of
  any  such district and that no improvement has been constructed for such
  district at any time  since  the  establishment  thereof  and,  further,
  provided that there be no indebtedness, outstanding and unpaid, incurred
  to  accomplish  any of the purposes of such district. In addition to the
  above limitations, any resolution of the  town  board  of  the  town  of
  Putnam  Valley  merging  or  combining  any refuse and garbage districts
  shall be subject to a permissive referendum in the manner prescribed  in
  article seven of this chapter.
    * NB There are 2 sub 2-d's
    2-e.  Notwithstanding any other provision of general, special or local
  law, rule or regulation to the contrary, whenever the town board of  the
  town  of  Oneonta,  in the county of Otsego, shall determine it to be in
  the public interest, such town  board  may,  upon  its  own  motion  and
  without petition, but after a public hearing held in the manner and upon
  the  notice  specified  in subdivision one of this section, dissolve and
  discontinue the Pyramid Mall water district, provided that there  be  no
  indebtedness  outstanding  and unpaid, incurred to accomplish any of the
  purposes of such district.
    2-f. Notwithstanding any other provision of general, special or  local
  law,  rule or regulation to the contrary, whenever the town board of the
  town of Islip, county of Suffolk shall determine it to be in the  public
  interest,  said  town  board  may,  upon  its  own  motion and without a
  petition, but after a public hearing held in the  manner  and  upon  the
  notice   specified   in  subdivision  one  of  this  section,  dissolve,
  discontinue, merge or  combine  any  water  district  or  districts,  or
  otherwise  amend  same  or delete services therefrom as proposed by such
  town board, provided that a period of three  years  shall  have  elapsed
  since  the  date  of  establishment  of  any  such  district  or that no
  improvement has been constructed for such district at any time since the
  establishment  thereof  and,  further,  provided  that   there   be   no
  indebtedness,  outstanding and unpaid, incurred to accomplish any of the
  purposes of such district.
    3. Sidewalk districts created in towns pursuant to the  provisions  of
  chapter sixty-three of the laws of nineteen hundred nine, as amended, or
  pursuant  to  the  provisions  of  this chapter as originally enacted or
  subsequently amended, are hereby dissolved. The improvements constructed
  in any sidewalk district  hereby  dissolved  shall  be  and  become  the
  property  of  the town in which the improvements are located, unless any
  portion of such  district  shall  on  January  first,  nineteen  hundred
  forty-six,  be  within a village or city in which event the improvements
  constructed in any such district, which are located in any such  village
  or city, shall be and become the property of the village or city, as the
  case  may  be. Taxes shall continue to be levied within the present area
  of such districts, as heretofore, for  the  payment  of  any  debts  and
  liabilities  of  such  districts  existing  on  January  first, nineteen
  hundred forty-six. If any such district shall have  moneys  on  hand  on
  January  first, nineteen hundred forty-six, such moneys shall be applied
  to the payment of the debts and liabilities, if any,  of  such  district
  and  the  excess  shall  be and become the property of the town in which
  such district is located unless any such district shall be  now  located
  wholly  within a village or city in which event such excess shall be and
  become the property of the village or city, as the case may be.  If  any
  such  district be located in two or more towns, and is not wholly within
  a village or city, such excess shall be  divided  among  such  towns  in
  proportion  to  the  assessed  valuations  of the properties within such

  district as shown on the completed assessment rolls  for  such  district
  pursuant  to  which  the  last  tax  was levied for the purposes of such
  district.
    4.  Notwithstanding  any other provision of general, special, or local
  law, rule, or regulation to the contrary, whenever the town board of the
  town of Southampton, Suffolk county shall determine  it  to  be  in  the
  public  interest, said town board may, upon its own motion and without a
  petition, but after a public hearing held in the  manner  and  upon  the
  notice  specified  in  subdivision  one  of  this  section, diminish the
  Hampton Bays water district by deleting therefrom all lands east of  the
  Shinnecock Inlet within the village of Southampton presently included in
  said district. In addition, any order adopted by the town board pursuant
  to this subdivision shall be subject to a permissive referendum pursuant
  to article seven of this chapter.
    5.  Notwithstanding  any other provision of general, special, or local
  law, rule, or regulation to the contrary, whenever the town board of the
  town of Huron, Wayne county shall determine  it  to  be  in  the  public
  interest,  said  town  board  may,  upon  its  own  motion and without a
  petition, but after a public hearing held in the  manner  and  upon  the
  notice  specified in subdivision one of this section, diminish the Sodus
  Bay aquatic plant growth control  district  by  deleting  all  lands  in
  extension 2 consisting of lots 5 through 71 on the water side of Ann Lee
  Drive,  extension 3, consisting of lots 79 through 104 on the water side
  of Ann Lee Drive and extension 4 consisting of all property  on  Spiegel
  Parkway  fronting Sodus Bay, consisting of lots 53 through 67 (including
  lots 56A and 56B) and lots 100 through 112 and all land to the south  of
  that  land all to the north of Ridge Road fronting Sodus Bay, all in the
  town of Huron, presently included in said  district.  In  addition,  any
  order  adopted  by  the town board pursuant to this subdivision shall be
  subject to permissive referendum  pursuant  to  article  seven  of  this
  chapter.
    6.  (a)  Notwithstanding  any  other  provision of general, special or
  local law, rule, or regulation to the contrary, whenever the town  board
  of  the  town  of Chester, Warren county shall determine it to be in the
  public interest, said town board may, upon its own motion and without  a
  petition,  but  after  a  public hearing held in the manner and upon the
  notice specified in  subdivision  one  of  this  section,  diminish  the
  Pottersville water district by deleting therefrom the lands described in
  paragraph  (b) of this subdivision located in the hamlet of Pottersville
  and presently included in said district. In addition, any order  adopted
  by  the  town  board  pursuant to this subdivision shall be subject to a
  permissive referendum pursuant to article seven of this chapter.
    (b) The lands authorized to be deleted  from  the  Pottersville  water
  district is described as follows:
    All that parcel of land located in and near the Hamlet of Pottersville
  in  the  Town  of  Chester,  Warren County, New York being part of lands
  shown on "Map Proposed Water District Pottersville" dated April 15, 1946
  by E. D. Collamer, C. E. and surveyed by G. J. Weaver in  October  1945,
  said  map  being  duly  filed in the Office of the Clerk for the Town of
  Chester, said parcel being more particularly bounded  and  described  as
  follows:
    Beginning  at  the  point of intersection of the centerline of the New
  York State Highway leading northerly from Loon Lake to Pottersville  and
  more  commonly  known  as Route #9 with the southerly line of the former
  Lighting District #2 in the Town of Chester, New York, which said  point
  of  beginning  lies in the southerly line of the said Water District and
  running

    Thence along the southerly line of said District and accordance to the
  true meridian North 75° East, 500 feet to the  southeasterly  corner  of
  said District;
    Thence   along  said  easterly  line  of  same  North  04°  50'  West,
  approximately 600 feet to a point in the  southerly  boundary  of  lands
  reputedly  of  Russell  and  Duell known as Lot No. 1 on a plat entitled
  "Dalaba Subdivision" originally dated April 22, 1991 by James P. Hughes,
  P.L.S. and filed in the Warren County Clerk's Office on August 29, 1991,
    Thence according to the magnetic meridian  South  65°  30'  50"  West,
  along said southerly boundary approximately 270 feet to a tall iron pipe
  in the westerly boundary of said lot No. 1;
    Thence  North  28°  47' 40" West, along said westerly boundary, 414.54
  feet to an iron pipe found in the easterly boundary of said Route 9;
    Thence Northeasterly, along said easterly boundary, the following four
  courses:
    1.) North 28° 10' 30" East, 404.95 feet to a point;
    2.) North 37° 56' 20" East, 516.24 feet to an iron rod set;
    3.) North 23° 48' 50" East, 91.91 feet to an iron rod set;
    4.) North 17° 32' 00" East, 119.91 feet to an iron pipe found;
    Thence continuing northeasterly, along said easterly boundary of Route
  9 as it winds and turns, approximately 320 feet to a point lying on  the
  easterly  extension  of  the  southerly  boundary  of lands reputedly of
  Manifold known as Assessment Map Parcel #52.12-1-3;
    Thence Westerly, along said easterly extension  (crossing  said  Route
  9),  approximately  50  feet to a point in the westerly boundary of said
  Route 9;
    Thence Westerly,  along  the  southerly  boundary  of  said  lands  of
  Manifold  known  as Parcel #52.12-1-3, approximately 20 feet to the east
  bank of a brook draining from Echo Lake;
    Thence Northerly, along said easterly bank as it winds and  turns  and
  downstream,  approximately  220 feet to a point in the westerly boundary
  of said Route 9;
    Thence Northerly, along said Westerly boundary, approximately 10  feet
  to  a  point in the southerly boundary of lands reputedly of Knapp known
  as Assessment Map Parcel #52.12-1-1;
    Thence along said southerly boundary of lands of Knapp known as Parcel
  #52.12.-1-1 the following three courses:
    1.) Westerly, approximately 60 feet to a point;
    2.) Northerly, approximately 80 feet to a point;
    3.) Westerly, approximately 500 feet to a point in  the  northeasterly
  boundary  of  lands  reputedly of Gunning known as Assessment Map Parcel
  #52-1-10;
    Thence Northerly, along said northeasterly boundary and  an  extension
  thereof,  approximately  200 feet to a point in the westerly boundary of
  said Water District;
    Thence South 09° East, along said westerly boundary as  shown  on  the
  aforesaid  "Proposed  Water  District" map, approximately 2500 feet to a
  point marking the southwest corner of said Water District;
    Thence North  75°  East,  along  the  southerly  line  of  said  Water
  District, 500 feet to the point of beginning.
    7.  (a)  Notwithstanding  any  other  provision of general, special or
  local law, rule, or regulation to the contrary, whenever the town  board
  of  the  town  of  Byron, Genesee county shall determine it to be in the
  public interest, said town board may, upon its own motion and without  a
  petition,  but  after  a  public hearing held in the manner and upon the
  notice specified in subdivision one of this section, diminish the  Byron
  sewer  district  by  deleting therefrom the lands described in paragraph
  (b) of this subdivision located in  the  town  of  Byron  and  presently

  included  in  said  district. In addition, any order adopted by the town
  board pursuant to this subdivision shall  be  subject  to  a  permissive
  referendum pursuant to article seven of this chapter.
    (b)  The  lands authorized to be deleted from the Byron sewer district
  is described as follows:
    ALL THAT TRACT OR PARCEL OF LAND, situate in the Town of Byron, County
  of Genesee and State of New York, known and distinguished as  the  south
  west corner of lot number six in township number one of the 100,000 Acre
  or Connecticut Tract, so called, bounded as follows, viz: Beginning at a
  point  in  the  west  line  of  said Lot number six distant three chains
  eighty-nine links north of the southwest corner thereof, thence north on
  said west line one chain and  fifty  links,  thence  east  three  chains
  thirty-seven  and  one-half  links,  thence south parallel with the west
  line one chain and fifty links, thence west parallel with the north line
  three chains thirty-seven and one half links to the place of  beginning,
  containing land more or less.
    ALSO  ALL  THAT TRACT OR PARCEL OF LAND, situate in the Town of Byron,
  County of Genesee, and State of New York, distinguished as part  of  lot
  number  6,  township number 1, of the 100,000 Acre or Connecticut Tract,
  so  called,  bounded  and  described  as  follows:  Commencing  at   the
  south-east corner of land conveyed by Levi W. Fisk and Nellie, his wife,
  to Ernest H. Schaufelberger by deed dated August 19th, 1902 in Liber 197
  of  Deeds, at page 90; thence northerly bounding thereon one chain fifty
  links to the north-east corner of  said  lands;  thence  easterly  in  a
  direct  line with the north bounds thereof, prolonged fifty-feet; thence
  southerly parallel with the first mentioned  boundary  one  chain  fifty
  links;  thence  westerly  in  a direct line fifty feet to the south-east
  corner of the lands first mentioned  and  to  the  place  of  beginning,
  containing land more or less.