Section 56. Town-village cooperation


Latest version.
  • 1. Where a suburban town and a village
      or villages therein create one or more joint municipal survey committees
      pursuant to article twelve-C of the general municipal law and where such
      a  committee  makes  a  recommendation  relating  to the provision of an
      existing or new function, service or facility in the town and in one  or
      more villages thereof:
        a.  If  the  recommendation is for the provision or extension of (1) a
      town function, service or facility to one or more villages in  the  town
      and  for the spreading of the costs thereof against the affected area of
      the town outside villages and against the affected area of such  village
      or villages or (2) a village function, service or facility to an area of
      the  town outside any village or to an area of any other village and for
      the spreading of the costs thereof against the affected area  or  areas,
      of  the  village  or villages and against the affected area of the town,
      and if such recommendation is acceptable  to  the  town  board  and  the
      affected  village  board  or boards, the town board and village board or
      boards, respectively, may adopt such recommendation and, notwithstanding
      any inconsistent  provision  of  any  general  or  special  law,  taxes,
      assessments,  or  other  charges  necessary  to  pay  the  cost  of such
      function, service or facility shall be spread (1) by  the  town  against
      the  affected area of the town outside villages and against the affected
      area in such village or villages or  (2)  by  the  village  or  villages
      against  the  affected  area of such village or villages and by the town
      against the affected area of the town outside any such village,  as  the
      case may be.
        b.  If  the  recommendation  is  for  the  provision or extension of a
      function, service or facility by the town in the area  outside  villages
      or  outside a specified village or villages, as the case may be, and for
      the separate provision thereof by such village  or  villages,  with  the
      respective  costs  to  be  spread  by  the town against the area outside
      villages or outside the specified village or villages, as the  case  may
      be, and separately by such village or villages against the area or areas
      within  the  same,  and if such recommendation is acceptable to the town
      board and the affected village board or boards, the town board  and  the
      affected   village   board  or  boards,  respectively,  may  adopt  such
      recommendation and, notwithstanding any inconsistent  provision  of  any
      general  or  special  law,  the  necessary  taxes, assessments, or other
      charges for such function, service or facility shall be borne and spread
      on such basis.
        c. If the recommendation is for the performance of a  function,  power
      or  duty  among  them  or  their  districts,  on a cooperative, joint or
      contract basis pursuant to article five-G of the general municipal  law,
      or  other  similar law, and for allocating and financing the capital and
      operating costs among them or their districts on a  specified  equitable
      basis,  and  if  such recommendation is acceptable to the town board and
      the affected village board or boards, the town board  and  the  affected
      village  board  or  boards,  respectively, may adopt such recommendation
      pursuant to such article and, notwithstanding any inconsistent provision
      of general or special law, such function, power  or  duty  shall  be  so
      provided and the costs allocated and financed on such basis.
        d.  Where  costs are to be spread against an area of a town or an area
      of a village and such costs are financed pursuant to the  local  finance
      law, such area shall be primarily liable therefor.
        2.  Members  of the town board shall be eligible to serve on any joint
      municipal survey committee in which the town participates.