Bill Text: NY A01922 | 2009-2010 | General Assembly | Introduced
Bill Title: An act to amend the town law and the local finance law, in relation to certain actions which may not be taken without the prior review, approval, permission or consent of the state comptroller; and to repeal subdivision 13 of section 54, subdivisions 3, 4, 5 and 6 of section 194, section 209-f and subdivision 13 of section 209-q of the town law relating thereto
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-05-04 - held for consideration in local governments [A01922 Detail]
Download: New_York-2009-A01922-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 1922 2009-2010 Regular Sessions I N A S S E M B L Y January 14, 2009 ___________ Introduced by M. of A. RABBITT -- read once and referred to the Commit- tee on Local Governments AN ACT to amend the town law and the local finance law, in relation to certain actions which may not be taken without the prior review, approval, permission or consent of the state comptroller; and to repeal subdivision 13 of section 54, subdivisions 3, 4, 5 and 6 of section 194, section 209-f and subdivision 13 of section 209-q of the town law relating thereto THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Legislative findings. The legislature finds that the 2 provisions of article IX of the state constitution relating to local 3 governments which became effective on January 1, 1964 and the municipal 4 home rule law enacted by chapter 843 of the laws of 1963 gave a consti- 5 tutional grant of home rule powers to local governments. Subdivision (b) 6 of section 2 of article IX of the state constitution provides that "... 7 the legislature:... Shall have the power to act in relation to the prop- 8 erty, affairs or government of any local government only by general law, 9 or by special law" only in certain circumstances when requested by the 10 local legislative body. The legislature does further find that certain 11 provisions of the town law relating to the creation of fire, water and 12 sewer districts which were adopted prior to such article IX are incon- 13 sistent with the constitution and should be repealed. The legislature 14 does further find that provisions of the town law requiring the approval 15 of the state comptroller prior to the creation of a fire, water or sewer 16 district creates an unnecessary burden and "mandate" on local government 17 that increases the cost of formation of such districts, the time to 18 create such districts and is an unwarranted intrusion on the ability of 19 local governments to manage their own affairs. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04256-01-9 A. 1922 2 1 S 2. Paragraph (a) of subdivision 5 of section 54 of the town law, as 2 amended by chapter 521 of the laws of 1974, is amended to read as 3 follows: 4 (a) At any time prior to the completion of an improvement, the maxi- 5 mum amount proposed to be expended for such improvement, as stated in 6 the notice of public hearing pursuant to subdivision three or four 7 [hereof] OF THIS SECTION, may be increased by an order of the town board 8 provided that the town board shall, after a public hearing held in the 9 manner prescribed in subdivision three [hereof] OF THIS SECTION, deter- 10 mine that it is in the public interest to authorize the increase in such 11 maximum amount. [If it is proposed or required that the town shall 12 finance the increase in the maximum amount proposed to be expended for 13 the improvement by the issuance of bonds, notes, certificates or other 14 evidences of indebtedness and the total estimated expense of such 15 improvement including the increase in the maximum amount shall exceed 16 one-tenth of one per centum of the full valuation of the taxable real 17 property in the area of the town outside of villages, the town board may 18 not make an order pursuant to this subdivision unless the comptroller of 19 the state of New York shall have made, subsequent to the public hearing 20 required by this subdivision, an order approving the increase in such 21 maximum amount as stated in the notice of hearing required by this 22 subdivision. The order of the comptroller shall be prepared in dupli- 23 cate and one copy thereof filed in the office of the department of audit 24 and control and the other copy in the office of the town clerk of the 25 town.] If the original authorization of the improvement was subject to 26 a permissive referendum pursuant to paragraph (a) of subdivision eleven 27 of this section or made subject to a mandatory or permissive referendum 28 pursuant to paragraph (b) of subdivision eleven of this section, any 29 order of the town board increasing the maximum amount to be expended 30 shall be subject to the same type of referendum. 31 S 3. Paragraphs (c) and (d) of subdivision 6 of section 54 of the town 32 law, as amended by chapter 938 of the laws of 1963, are amended to read 33 as follows: 34 (c) If the town board shall determine that it is in the public inter- 35 est, the board may adopt a resolution authorizing such improvement[, 36 subject to the approval of the state comptroller where such approval is 37 required by subdivision thirteen of this section]. Such resolution 38 shall contain a statement of the manner in which the costs of the 39 improvement are to be apportioned, and a description of the boundaries 40 of the benefited area, if any, as finally determined by the town board 41 where any part of the cost is to be raised by special assessments upon 42 benefited property. 43 (d) The town clerk shall cause a certified copy of any resolution or 44 order adopted pursuant to this subdivision, subdivision five or para- 45 graph (c) of subdivision eight of this section, or section fifty-seven 46 of this [chapter] ARTICLE to be duly recorded in the office of the clerk 47 of the county in which the town is located within ten days after the 48 adoption of such resolution[, or within ten days of the receipt of 49 notification of the approval of the state comptroller where such 50 approval is required by subdivision five or subdivision thirteen of this 51 section]. When so recorded, such resolution shall be presumptive 52 evidence of the regularity of the proceedings and actions taken by the 53 town board in relation thereto. 54 S 4. Subdivision 13 of section 54 of the town law is REPEALED and 55 subdivision 14 is renumbered subdivision 13. A. 1922 3 1 S 5. Subdivision 2 of section 170 of the town law, as amended by chap- 2 ter 273 of the laws of 1960, is amended to read as follows: 3 2. Upon its own motion and without a petition, the town board of any 4 town or, if the district as proposed or proposed to be extended includes 5 territory in more than one town, the town boards of each of the towns 6 acting jointly by a majority vote of the members of each of such boards 7 may establish or extend fire districts or fire protection districts in 8 such town or towns outside of any incorporated village or city or exist- 9 ing fire, fire alarm or fire protection district therein, after a public 10 hearing thereon. The notice of such hearing shall be published and 11 posted and such hearing shall be held in the manner provided in this 12 article for a hearing upon the establishment of a fire district or fire 13 protection district upon petition. After such hearing and upon the 14 evidence given thereat, the town board or boards shall determine by 15 resolution whether it be in the public interest to establish the 16 proposed fire district or fire protection district or extend the exist- 17 ing fire district or fire protection district, as the case may be. If 18 it be determined that the establishment or extension of such district be 19 in the public interest, the town board or boards shall determine whether 20 all the property, property owners and interested persons within the 21 proposed district are benefited thereby and whether all property or 22 property owners benefited are included therein and such town board or 23 boards shall so alter the boundaries of the proposed district or exten- 24 sion, so that all property and property owners and only such property 25 and property owners as are benefited shall be included within its 26 limits. In the event, however, that it is found that any property, 27 property owners or any interested persons not included in the district, 28 as originally proposed, will be benefited thereby, a further notice 29 shall be posted and published and another hearing held as provided here- 30 in, unless all said additional property owners or interested persons 31 execute and file written consents to be included in such district or 32 extension. When the boundaries of such FIRE DISTRICT, fire protection 33 district or extension shall have been finally determined, the town board 34 or boards shall adopt a resolution establishing or extending the 35 district and shall comply with the provisions of subdivision one of 36 section one hundred seventy-three of this [chapter] ARTICLE. [When the 37 boundaries of such fire district or extension shall have been finally 38 determined the town board or boards shall adopt a resolution approving 39 the establishment or extension of the district, and shall comply with 40 the provisions of subdivisions two and four of section one hundred 41 seventy-three of this chapter, other than filing a certified copy of a 42 petition as provided in such subdivision two.] A fire district shall 43 not be extended pursuant to the provisions of this subdivision except 44 upon the consent in writing of a majority of the commissioners of such 45 fire district. Such consent shall be acknowledged or proved in the same 46 manner as a deed to be recorded. 47 S 6. Subdivision 2 of section 171 of the town law, as amended by chap- 48 ter 397 of the laws of 1995, paragraph a as amended by chapter 631 of 49 the laws of 2004, is amended to read as follows: 50 2. [a.] The town board or town boards shall hold a public hearing 51 upon such petition and shall cause a notice thereof to be published at 52 least once in a newspaper having general circulation in the territory 53 affected, the first publication thereof to be not less than ten days nor 54 more than twenty days before the day designated therein for the hearing, 55 and the town clerk or town clerks shall cause copies of such notice to 56 be posted on the sign-board of the town maintained pursuant to subdivi- A. 1922 4 1 sion six of section thirty of this chapter, and conspicuously in such 2 other places within or without the territory affected as the town board 3 or town boards may direct, not less than ten nor more than twenty days 4 before the day designated for the hearing as aforesaid. In the event 5 that the town maintains a website, such information may also be provided 6 on the website. Such notice shall contain a description of the proposed 7 district or extension, state the estimated rate per thousand dollars of 8 assessed valuation, based on the aggregate assessed valuation of taxable 9 real property of the proposed district or extension district shown in 10 the latest completed final assessment roll, projected to be assessed, 11 levied and collected for purposes of the proposed district or extended 12 district for the fiscal year of its operation and specify the time when 13 and the place where the town board or boards will meet to consider such 14 petition and to hear all persons interested in the subject concerning 15 the same. If the petition shall provide for the dissolution of an exist- 16 ing water supply district upon the establishment of the fire district, 17 the notice of hearing shall so specify. If, upon the establishment or 18 extension of a fire district, the fire district would become the sponsor 19 of a service award program pursuant to section two hundred sixteen-b of 20 the general municipal law, the notice of hearing shall so specify and 21 contain a statement of the estimated annual cost of the service award 22 program to the fire district; provided, however, that if, upon the 23 establishment or extension of a fire district, the ensuing fire district 24 would become the sponsor of a service award program pursuant to section 25 two hundred sixteen-b of the general municipal law, the resolutions 26 establishing the districts shall be submitted in each such town in the 27 manner provided by article seven of this chapter. Prior to the publica- 28 tion of the notice, the board or boards shall cause to be prepared, and 29 file for public inspection with the town clerk, a detailed explanation 30 of how the estimated rate of assessment for the proposed district or 31 extended district was computed. 32 [b. (1) If the permission of the state comptroller is not required 33 pursuant to section one hundred seventy-three of this article because it 34 is not proposed to finance an expenditure for the district or extension 35 by the issuance of bonds, notes, certificates or other evidences of 36 indebtedness of the fire district, a certified copy of the notice shall 37 be filed with the state comptroller on or about the date of the publica- 38 tion of such notice. 39 (2) Notwithstanding the provisions of subparagraph one of this para- 40 graph the state comptroller shall not be precluded from requiring the 41 submission of additional information or data in such form and detail as 42 the state comptroller shall deem sufficient or from causing an investi- 43 gation to be made with respect to the establishment or extension of a 44 district or an increase in the maximum amount to be expended.] 45 S 7. The third undesignated paragraph of section 172-d of the town 46 law, as added by chapter 926 of the laws of 1957, is amended to read as 47 follows: 48 For the purposes of this section, such fire protection district shall 49 be deemed dissolved, or its boundaries altered, and the territory 50 described added to the fire district upon the adoption by the town board 51 or boards of [an order] A RESOLUTION providing therefor, pursuant to 52 [subdivision four of] section one hundred seventy-three of this [chap- 53 ter] ARTICLE, unless such [order] RESOLUTION shall specify some other 54 date for such purpose, in which case the dissolution or alteration shall 55 become effective on the date specified. If the [order] RESOLUTION 56 provides for the dissolution of the fire protection district, the fire A. 1922 5 1 district shall be liable for all the obligations under the then existing 2 contracts for the supply of fire protection to such fire protection 3 district unless the contract is amended or terminated in the manner 4 provided in section one hundred eighty-four of this [chapter] ARTICLE. 5 If the [order] RESOLUTION provides for the alteration of the boundaries 6 of the fire protection district any existing contracts for the supplying 7 of fire protection to the fire protection district so altered shall be 8 carried out in the same manner as if such alteration had not taken place 9 unless the contract is amended or terminated in the manner provided in 10 section one hundred eighty-four of this [chapter] ARTICLE. 11 S 8. Section 173 of the town law, as amended by chapter 191 of the 12 laws of 1946, subdivision 1 as amended by chapter 310 of the laws of 13 1962, the opening paragraph and paragraph (a) of subdivision 2 and 14 subdivision 4 as amended by chapter 397 of the laws of 1995, subpara- 15 graph 1 of paragraph (a) of subdivision 2 as amended by chapter 37 of 16 the laws of 2000 and paragraph (b) of subdivision 2 as amended by chap- 17 ter 156 of the laws of 1956, is amended to read as follows: 18 S 173. Filing of determination. 1. Whenever the town board or boards 19 shall adopt a resolution establishing or extending a FIRE DISTRICT, fire 20 alarm district or [a] fire protection district, or consolidating two or 21 more adjoining fire districts or fire protection districts, or altering 22 the boundaries of a fire district or fire protection district, or 23 dissolving a fire district, a fire alarm district or fire protection 24 district, the town clerk or clerks shall cause a certified copy of such 25 resolution to be duly recorded in the office of the clerk of the county 26 or counties in which such fire district, fire alarm district, fire 27 protection district, or consolidated or altered fire districts, or 28 consolidated fire protection districts, are located, and shall, within 29 ten days cause a certified copy of such resolution to be filed in the 30 state department of audit and control at Albany, New York. When so 31 recorded, such resolution shall be presumptive evidence of the regulari- 32 ty of the establishment, extension, consolidation, dissolution or alter- 33 ation of such district or districts. The expense of such recording 34 shall be a charge against the district or districts. The said determi- 35 nation shall be final and conclusive unless a proceeding has been 36 commenced for review in the manner provided by article seventy-eight of 37 the civil practice law and rules within thirty days from the time of 38 recording thereof. 39 2. [Whenever the town board or boards shall adopt a resolution estab- 40 lishing or extending a fire district for which it is proposed that an 41 expenditure is to be financed by the issuance of bonds, notes, certif- 42 icates or other evidences of indebtedness of the fire district, such 43 resolution or determination shall be submitted to the state comptroller 44 for approval in the following manner: 45 (a) Within ten days after the adoption of a resolution by a town 46 board approving the establishment or extension of such a district, the 47 town clerk of the town shall file a certified copy of such resolution, 48 in duplicate, in the office of the state department of audit and control 49 at Albany, New York, together with an application, in duplicate, for 50 permission to create or extend such district as the case may be. Such 51 application shall be executed and verified by the supervisor, or by such 52 other officer of the town as the town board shall determine, and shall 53 include the following: 54 (1) A certified copy of the petition, if there is one, omitting, 55 however, the signatures and acknowledgments or proofs, or authentica- 56 tions. A. 1922 6 1 (2) An itemized statement of the existing indebtedness of the town, 2 both temporary and bonded, including the indebtedness of the town for 3 all special district purposes. 4 (3) A statement of the aggregate assessed valuation of the taxable 5 real property situated in the proposed district or extension thereof, 6 and, if there is a petition, of the portion thereof owned by resident 7 owners. 8 (b) Whenever such an application shall be filed in the office of the 9 department of audit and control, the state comptroller shall within five 10 days thereafter give notice thereof to the board of supervisors of the 11 county in which such proposed district or extension is located by filing 12 with the clerk of such board of supervisors one copy of such applica- 13 tion. At any time within fifteen days of the filing of the application, 14 said board of supervisors may file an objection, in writing, in the 15 office of said department of audit and control. In addition, the state 16 comptroller shall determine whether the public interest will be served 17 by the creation or extension of the district and also whether the cost 18 thereof will be an undue burden upon the property of the proposed 19 district or extension. The state comptroller may make such determi- 20 nations upon the original or any amended application, or in his 21 discretion may require the submission of additional information or data 22 in such form and detail as he shall deem sufficient, or may cause an 23 investigation to be made, to aid him in making the determinations above 24 mentioned. 25 3. Upon the expiration of fifteen days from the date of the filing of 26 such application with the clerk of the board of supervisors and upon 27 reaching a determination, the comptroller shall make an order, in dupli- 28 cate, granting or denying permission for the creation or extension of 29 the district and shall file one copy of such order in the office of the 30 state department of audit and control at Albany, New York, and the other 31 in the office of the town clerk of the town in which the proposed 32 district or extension is located. The town clerk shall present such 33 order to the town board of the town at the next meeting thereof. 34 4. If the state comptroller shall deny permission for the creation or 35 extension of the district, the town board shall forthwith adopt an order 36 denying the petition. If the state comptroller shall grant permission 37 therefor or if permission of the state comptroller is not required, the 38 town board may adopt an order establishing the district or extension as 39 the boundaries shall be finally determined. The town clerk shall cause 40 certified copies of its resolution and such order to be duly recorded in 41 the office of the clerk of the county or counties in which such fire 42 district is located. When so recorded such resolution and order shall 43 be presumptive evidence of the regularity of the establishment or exten- 44 sion of such district. The expense of such recording shall be a charge 45 against the district. The said determination shall be final and conclu- 46 sive unless a proceeding for review in the manner provided by article 47 seventy-eight of the civil practice law and rules has been commenced 48 within thirty days from the time of the recording thereof. Within ten 49 days after the adoption of such order by the town board, establishing 50 the district or extension, the town clerk shall cause a certified copy 51 of such order to be filed in the office of the state department of audit 52 and control at Albany, New York. 53 5.] If the petition for the establishment of a fire district shall 54 provide for the dissolution of an existing coterminous water supply 55 district having no bonded indebtedness, then upon the establishment of 56 the fire district the district so established shall assume and pay all A. 1922 7 1 the liabilities and indebtedness of the water supply district so 2 dissolved. 3 S 9. Subdivision 1 of section 193 of the town law, as amended by chap- 4 ter 397 of the laws of 1995, paragraph a as amended by section 18 of 5 part X of chapter 62 of the laws of 2003, is amended to read as follows: 6 1. [a.] Whenever a petition shall be presented to the town board 7 pursuant to this article, for the establishment or extension of a sewer, 8 wastewater disposal, drainage, water, water quality treatment, park, 9 public parking, lighting, snow removal, water supply, sidewalk, refuse 10 and garbage, aquatic plant growth control district, ambulance district, 11 harbor improvement district, public dock district, beach erosion control 12 district, or a fallout shelter district, the board shall adopt an order 13 and enter the same in the minutes of its proceedings, reciting in gener- 14 al terms the filing of such petition, the boundaries of the proposed 15 district, the improvements proposed, the maximum amount proposed to be 16 expended for the improvement as stated in the petition or the maximum 17 amount to be expended for the performance or supplying of services if a 18 maximum amount is stated in the petition, the estimated cost of hook-up 19 fees, if any, to, and the cost of the district or extension to, the 20 typical property and, if different, the typical one or two family home, 21 and specifying the time when and place where said board will meet to 22 consider the petition and to hear all persons interested in the subject 23 thereof, concerning the same. The board shall cause a copy of such 24 order, certified by the town clerk, to be published at least once in the 25 official paper, the first publication thereof to be not less than ten 26 nor more than twenty days before the day set therein for the hearing as 27 aforesaid, and shall also cause a copy thereof to be posted on the sign- 28 board of the town maintained pursuant to subdivision six of section 29 thirty of this chapter, not less than ten nor more than twenty days 30 before the day designated for the hearing as aforesaid. In the event 31 that the town maintains a website, such information may also be provided 32 on the website. Prior to the publication of a copy of the order, the 33 board shall cause to be prepared, and file for public inspection with 34 the town clerk, a detailed explanation of how the estimated cost of 35 hook-up fees, if any, to, and the cost of the district or extension to, 36 the typical property and, if different, the typical one or two family 37 home was computed. 38 [b. (1) If the permission of the state comptroller is not required 39 pursuant to section one hundred ninety-four of this article because it 40 is proposed or required that the town in which the district or extension 41 is located shall finance the cost thereof by the issuance of bonds, 42 notes, certificates or other evidences of indebtedness of the town 43 therefor or debt service as proposed to be assumed pursuant to subdivi- 44 sion twelve of section one hundred ninety-eight of this article but the 45 cost to the typical property or, if different, the cost to the typical 46 one or two family home is not above the average cost threshold described 47 in that section, a certified copy of the order of the town board adopted 48 pursuant to this section shall also be filed with the state comptroller 49 on or about the date of the publication of a copy of such order. 50 (2) Notwithstanding the provisions of subparagraph one of this para- 51 graph, the state comptroller shall not be precluded from requiring the 52 submission of additional information or data in such form and detail as 53 the state comptroller shall deem sufficient or from causing an investi- 54 gation to be made with respect to the establishment or extension of a 55 district or an increase in the maximum amount to be expended.] A. 1922 8 1 S 10. Paragraph (b) of subdivision 2 of section 194 of the town law, 2 as amended by chapter 37 of the laws of 2000, is amended to read as 3 follows: 4 (b) If the town board shall determine that the petition is signed, and 5 acknowledged or proved, or authenticated, as required by law and is 6 otherwise sufficient and that it is in the public interest to grant the 7 relief sought, either in whole or in part, but shall find that any part 8 or portion of the property or property owners within the proposed 9 district or extension are not benefited thereby or that certain property 10 or property owners benefited thereby have not been included therein, the 11 town board shall specify the necessary changes of the boundaries of the 12 proposed district or extension to be made in order that all of the prop- 13 erty and property owners and only such property and property owners as 14 are benefited shall be included within such proposed district or exten- 15 sion, and the board shall call a further hearing at a definite place and 16 time not less than fifteen nor more than twenty-five days after such 17 determination. Notice of such further hearing shall be posted and 18 published in the manner provided in section one hundred ninety-three 19 [hereof] OF THIS ARTICLE except that such notice shall also specify the 20 manner in which it is proposed to alter the boundaries of the proposed 21 district or extension. Such further hearing shall be conducted in the 22 same manner as an original hearing upon a petition. If and when the town 23 board shall determine in the affirmative all of the questions set forth 24 in subdivision one of this section, the board may adopt [a resolution 25 approving the establishment] AN ORDER ESTABLISHING THE DISTRICT or 26 extension of the district as the boundaries shall be finally determined 27 and the construction of the improvement or providing of the service 28 therein, but no such [resolution so approving] ORDER shall be adopted 29 unless the petition shall comply with the requirements of section one 30 hundred ninety-one OF THIS ARTICLE as to sufficiency of signers as the 31 boundaries of the proposed district or extension shall be finally deter- 32 mined. 33 S 11. Subdivisions 3, 4, 5 and 6 of section 194 of the town law are 34 REPEALED. 35 S 12. Section 202-d of the town law, as amended by chapter 76 of the 36 laws of 1952, subdivision 1 as amended by chapter 456 of the laws of 37 2004 and subdivision 2 as amended by chapter 543 of the laws of 1954, is 38 amended to read as follows: 39 S 202-d. Increase of maximum amount to be expended. 1. At any time 40 after the establishment of an improvement district the maximum amount 41 proposed to be expended for the improvement in such district, as stated 42 in the petition for the establishment of such district, may be increased 43 by an order of the town board provided a petition requesting such 44 increase signed as required by section one hundred ninety-one of this 45 article is presented to the town board and provided the town board 46 shall, after a public hearing ordered and held in the manner prescribed 47 by sections one hundred ninety-three and one hundred ninety-four of this 48 article, determine that it is in the public interest to authorize the 49 increase of such maximum amount[, and provided the comptroller of the 50 state of New York shall have made as may be required pursuant to subdi- 51 vision six of section one hundred ninety-four of this article, after 52 such public hearing, an order approving the increase of such maximum 53 amount as stated in the petition. The order of the comptroller shall be 54 prepared in duplicate and one copy thereof filed in the office of the 55 department of audit and control and the other copy in the office of the 56 town clerk of the town]. A. 1922 9 1 2. If the petition for establishment of the district proposes only 2 the performance or supplying of certain services, and states the maximum 3 amount to be expended annually for such services, the maximum amount to 4 be expended annually may be increased by an order of the town board 5 provided the town board shall, after a public hearing, determine that it 6 is in the public interest to authorize the increase of such maximum 7 amount. The town board shall give notice of such hearing by publication 8 of a notice in at least one newspaper having general circulation in the 9 district specifying the time when and the place where such hearing will 10 be held and stating the increase proposed in the maximum amount to be 11 expended annually. Such notice shall be published once at least ten 12 days prior to the date specified for such hearing. [The approval of the 13 state comptroller to such increase in the maximum amount to be expended 14 annually shall not be required.] 15 S 13. Section 202-e of the town law, as added by chapter 702 of the 16 laws of 1940 and subdivision 1 as amended by chapter 37 of the laws of 17 2000, is amended to read as follows: 18 S 202-e. Acquisition and improvement of additional property in park 19 districts. 1. Petition. After the establishment of a park district and 20 the acquisition for park purposes of the property described in the peti- 21 tion for the establishment of the district, the town board upon a peti- 22 tion therefor may acquire additional property for the purposes of such 23 park district, in the manner [herein] provided IN THIS SECTION. Such 24 petition shall be signed, and acknowledged or proved, or authenticated, 25 in the manner specified in section one hundred ninety-one OF THIS ARTI- 26 CLE for petitions for the establishment of a park district and shall be 27 subject to the requirements of such section as to sufficiency of sign- 28 ers. The petition shall also describe the additional property proposed 29 to be acquired for park purposes and shall state the maximum amount 30 proposed to be expended for the acquisition and improvement thereof. 31 2. Hearing. Whenever such a petition containing the required signa- 32 tures shall have been presented to the town board, the board shall adopt 33 an order providing for a meeting to consider such petition and to hear 34 all interested persons and shall cause notice of such hearing to be 35 given in the manner provided in section one hundred [and] ninety-three 36 OF THIS ARTICLE. After such hearing and upon the evidence given ther- 37 eat, the town board shall make the determinations specified in subdivi- 38 sion one of section one hundred [and] ninety-four OF THIS ARTICLE. 39 3. [Permission of comptroller. If such board shall determine in the 40 affirmative all the questions set forth in such subdivision and shall 41 approve said petition, an application shall be filed in the office of 42 the state department of audit and control for permission to acquire and 43 improve the additional property described in said petition. Such appli- 44 cation shall be executed and filed in the form and manner specified in 45 section one hundred and ninety-four for the execution and filing of an 46 application for permission to create or extend an improvement district 47 and the state comptroller shall make and file an order, in the manner 48 and subject to the restrictions specified in subdivisions three and four 49 of said section, granting or denying such permission. The town clerk 50 shall present the order of the comptroller to the town board at the next 51 meeting thereof. 52 4.] Powers of town board. If the [state comptroller shall deny 53 permission for the acquisition and improvement of such property, the 54 town board shall forthwith adopt an order denying the petition. If the 55 state comptroller shall grant permission therefor] TOWN BOARD SHALL 56 DETERMINE IN THE AFFIRMATIVE ALL THE QUESTIONS SET FORTH IN SUCH SUBDI- A. 1922 10 1 VISION AND SHALL APPROVE SAID PETITION, the town board may acquire by 2 purchase or condemnation the property described in the petition; 3 provided, however, that no property situated within an incorporated 4 village or city shall be acquired unless the permission and consent of 5 the legislative body thereof, is first obtained. 6 After such additional property has been acquired, the town board shall 7 have such powers and shall be subject to such duties in relation thereto 8 as shall be prescribed in subdivision four of section one hundred [and] 9 ninety-eight OF THIS ARTICLE in relation to property acquired for park 10 purposes pursuant to the petition for the establishment of such 11 district. 12 S 14. Section 209-d of the town law, as amended by chapter 397 of the 13 laws of 1995, is amended to read as follows: 14 S 209-d. Notice of hearing; cost to typical property. [1.] Subsequent 15 to the date of the filing of the map, plans and report in the office of 16 the town clerk as required in section two hundred nine-c of this article 17 the town board may adopt an order and enter the same in the minutes of 18 its proceedings reciting a description of the boundaries of the proposed 19 district or extension in a manner sufficient to identify the lands 20 included therein as in a deed of conveyance, the improvements proposed, 21 the maximum amount proposed to be expended for the improvement, the 22 estimated cost of hook-up fees, if any, to, and the cost of the district 23 or extension to, the typical property and, if different, the typical one 24 or two family home, the proposed method of financing to be employed, the 25 fact that a map, plan and report describing the same are on file in the 26 town clerk's office for public inspection and specifying the time when 27 and the place where said board will meet and hold a public hearing to 28 hear all persons interested in the subject thereof, concerning the same. 29 If such order proposes only the performance or supplying of certain 30 services, it may state the maximum amount to be expended annually for 31 such services. The board shall cause a copy of such order to be 32 published at least once in the official paper, the first publication 33 thereof to be not less than ten nor more than twenty days before the day 34 set therein for the hearing as aforesaid, and shall also cause a copy 35 thereof to be posted on the sign-board of the town maintained pursuant 36 to subdivision six of section thirty of this chapter, not less than ten 37 nor more than twenty days before the day designated for the hearing as 38 aforesaid. Such order may further state such place other than the town 39 clerk's office where the map, plan and report may be examined in advance 40 of the hearing, if the town board determines that, in the public inter- 41 est, some other additional place is necessary or desirable. If a water 42 district, sidewalk district, a public parking district, a refuse and 43 garbage district, aquatic plant growth control district or beach 44 erosion control district is proposed, such order may contain a statement 45 that the cost of constructing the water system, sidewalks or acquiring 46 lands for public parking or for refuse and garbage purposes, or aquatic 47 plant growth control purposes or for beach erosion control shall be 48 assessed by the town board in proportion as nearly as may be to the 49 benefit which each lot or parcel will derive therefrom. Prior to the 50 publication of the order, the board shall cause to be prepared, and file 51 for public inspection with the town clerk, a detailed explanation of how 52 the estimated cost of hook-up fees, if any, to, and the cost of the 53 district or extension to, the typical property and, if different, the 54 typical one or two family home, was computed. 55 [2. (a) If the permission of the state comptroller is not required 56 pursuant to section two hundred nine-f of this article because it is A. 1922 11 1 proposed or required that the town in which the district or extension is 2 located shall finance the cost thereof by the issuance of bonds, notes, 3 certificates or other evidences of indebtedness of the town therefor or 4 debt service is proposed to be assumed pursuant to subdivision twelve of 5 section one hundred ninety-eight of this chapter but the cost to the 6 typical property or, if different, the cost to the typical one or two 7 family home is not above the average cost threshold described in such 8 section, a certified copy of the order of the town board adopted pursu- 9 ant to this section shall also be filed with the state comptroller on or 10 about the date of the publication of a copy of such order. 11 (b) Notwithstanding the provisions of paragraph (a) of this subdivi- 12 sion, the state comptroller shall not be precluded from requiring the 13 submission of additional information or data in such form and detail as 14 the state comptroller shall deem sufficient or from causing an investi- 15 gation to be made with respect to the establishment or extension of a 16 district or an increase in the maximum amount to be expended.] 17 S 15. Subdivision 4 of section 209-e of the town law, as added by 18 chapter 30 of the laws of 1959, is amended to read as follows: 19 4. (a) If after the expiration of the time for filing a petition 20 requesting that the matter be submitted to a referendum of the property 21 owners of the proposed district or proposed extended district, no such 22 petition has been filed with the town clerk, he shall file a certificate 23 stating such fact in the office of the county clerk [and, where the 24 permission of the state comptroller is required for the establishment or 25 extension of a district and the construction of an improvement or the 26 providing of a service therein, in the office of the department of audit 27 and control at Albany, New York]. 28 (b) If such a petition was filed and after the referendum held pursu- 29 ant to this section, the town clerk shall prepare and file a certificate 30 stating that a petition was filed and a referendum was held pursuant to 31 the provisions of this section and certifying the result of the vote on 32 the proposition submitted at such referendum in the office of the county 33 clerk [and, where the permission of the state comptroller is required 34 for the establishment or extension of a district and the construction of 35 an improvement or the providing of a service therein, in the office of 36 the department of audit and control at Albany, New York]. 37 S 16. Section 209-e of the town law is amended by adding a new subdi- 38 vision 5 to read as follows: 39 5. IF THE CERTIFICATE OF THE TOWN CLERK REQUIRED TO BE FILED PURSUANT 40 TO SUBDIVISION FOUR OF THIS SECTION ESTABLISHES THAT NO PETITION WAS 41 FILED REQUESTING A REFERENDUM OR THAT SUCH PETITION WAS FILED AND THE 42 RESULT OF THE VOTE ON THE PROPOSITION SUBMITTED AT THE REFERENDUM HELD 43 PURSUANT THERETO WAS IN THE AFFIRMATIVE, THE TOWN BOARD SHALL ADOPT A 44 FINAL ORDER ESTABLISHING OR EXTENDING THE DISTRICT. 45 S 17. Section 209-f of the town law is REPEALED. 46 S 18. Section 209-h of the town law, as added by chapter 598 of the 47 laws of 1960, subdivision 1 as amended by chapter 456 of the laws of 48 2004, is amended to read as follows: 49 S 209-h. Increase of maximum amount to be expended. 1. At any time 50 after the establishment of an improvement district or of an extension 51 thereof pursuant to the provisions of this article or any other applica- 52 ble provision of law, the maximum amount proposed to be expended for the 53 improvement in such district, as stated in the notice of public hearing 54 on the establishment or extension of such district, may be increased by 55 an order of the town board provided that the town board shall, after a 56 public hearing is held in the manner prescribed by section two hundred A. 1922 12 1 nine-d of this article, determine that it is in the public interest to 2 authorize the increase of such maximum amount [, and provided the comp- 3 troller of the state of New York shall have made as may be required 4 pursuant to subdivision one of section two hundred nine-f of this arti- 5 cle, after such public hearing, an order approving the increase of such 6 maximum amount as stated in the said notice of hearing. The order of the 7 comptroller shall be prepared in duplicate and one copy thereof filed in 8 the office of the department of audit and control and the other copy in 9 the office of the town clerk of the town]. The order of the town board 10 increasing the maximum amount to be expended shall be subject to a 11 permissive referendum in the manner provided in subdivision three of 12 section two hundred nine-e of this article. [The comptroller may not 13 make an order approving the increase in such maximum amount until after 14 the expiration of the time for filing a petition requesting that the 15 matter be submitted to referendum or, if such a petition is filed, 16 unless the vote on the proposition submitted at referendum was affirma- 17 tive.] 18 2. If the notice of public hearing for the establishment or extension 19 of the district proposes only the performance or supplying of certain 20 services, and states the maximum amount to be expended annually for such 21 services, the maximum amount to be expended annually may be increased by 22 an order of the town board provided the town board shall, after a public 23 hearing, determine that it is in the public interest to authorize the 24 increase of such maximum amount. The town board shall give notice of 25 such hearing by publication of a notice in at least one newspaper having 26 general circulation in the district specifying the time when and the 27 place where such hearing will be held and stating the increase proposed 28 in the maximum amount to be expended annually. Such notice shall be 29 published once at least ten days prior to the date specified for such 30 hearing. [The approval of the state comptroller to such increase in the 31 maximum amount to be expended annually shall not be required.] 32 S 19. Subdivision 5 of section 209-q of the town law, as amended by 33 chapter 521 of the laws of 1974, is amended to read as follows: 34 5. Increase in maximum amount. At any time prior to the completion of 35 a sewer, drainage or water improvement, the maximum amount proposed to 36 be expended for such sewer, drainage or water improvement, as stated in 37 the notice of public hearing pursuant to subdivision three or four 38 [hereof] OF THIS SECTION, may be increased by an order of the town board 39 provided that the town board shall, after a public hearing held in the 40 manner prescribed in subdivision three [hereof] OF THIS SECTION, deter- 41 mine that it is in the public interest to authorize the increase in such 42 maximum amount. [If it is proposed or required that the town shall 43 finance the increase in the maximum amount proposed to be expended for 44 the sewer, drainage or water improvement by the issuance of bonds, 45 notes, certificates or other evidences of indebtedness and the total 46 estimated expense of such improvement including the increase in the 47 maximum amount shall exceed one-tenth of one per centum of the full 48 valuation of the taxable real property in the area of the town outside 49 of villages, the town board may not make an order pursuant to this 50 subdivision unless the comptroller of the state of New York shall have 51 made, subsequent to the public hearing required by this subdivision, an 52 order approving the increase at such maximum amount as stated in the 53 notice of hearing required by this subdivision. The order of the comp- 54 troller shall be prepared in duplicate and one copy thereof filed in the 55 office of the department of audit and control and the other copy in the 56 office of the town clerk of the town.] If the original authorization of A. 1922 13 1 the sewer, drainage or water improvement was subject to a permissive 2 referendum pursuant to paragraph (a) of subdivision eleven of this 3 section or made subject to a mandatory or permissive referendum pursuant 4 to paragraph (b) of subdivision eleven of this section, any order of the 5 town board increasing the maximum amount to be expended shall be subject 6 to the same type of referendum. The provisions of this subdivision 7 referring to a referendum[,] shall not be applicable to any order 8 increasing the maximum amount to be expended for a sewer improvement 9 adopted by the town board of any town which has been ordered by the 10 state commissioner of health or water resources commission to provide 11 sewage treatment facilities or directing compliance with standards or 12 determinations or orders promulgated pursuant to article [twelve] SEVEN- 13 TEEN of the [public health] ENVIRONMENTAL CONSERVATION law. 14 S 20. Paragraph (d) of subdivision 6 of section 209-q of the town law, 15 as added by chapter 567 of the laws of 1973, is amended to read as 16 follows: 17 (d) The town clerk shall cause a certified copy of any resolution or 18 order adopted pursuant to paragraph (c) of this subdivision, subdivision 19 five or paragraph (c) of subdivision eight of this section, or section 20 two hundred nine-r of this [chapter] ARTICLE to be duly recorded in the 21 office of the clerk of the county in which the town is located within 22 ten days after the adoption of such resolution[, or within ten days of 23 the receipt of notification of the approval of the state comptroller 24 where such approval is required by subdivision five or subdivision thir- 25 teen of this section]. When so recorded, such resolution shall be 26 presumptive evidence of the regularity of the proceedings and actions 27 taken by the town board in relation thereto. 28 S 21. Subdivision 13 of section 209-q of the town law is REPEALED and 29 subdivision 14 is renumbered subdivision 13. 30 S 22. The opening paragraph of paragraph 4 of section 104.10 of the 31 local finance law, as amended by chapter 469 of the laws of 1998, is 32 amended to read as follows: 33 Any town which, without first obtaining the permission of the state 34 comptroller, shall have established or extended an improvement district 35 prior to September first, nineteen hundred forty-five, or which shall 36 establish or extend any such district after August thirty-first, nine- 37 teen hundred forty-five, shall not issue its bonds, bond anticipation 38 notes or capital notes for the purposes of any such district or exten- 39 sion, except for improvements undertaken pursuant to sections one 40 hundred ninety-nine[,] AND two hundred two-b of the town law, and 41 section 222.5 of the Nassau county civil divisions act, and except when 42 the cost of the district or extension to the typical property [or, if 43 different, the cost to the typical one or two family home is not above 44 the average cost threshold as may be annually computed by the state 45 comptroller pursuant to section one hundred ninety-four or two hundred 46 nine-f of the town law], unless it secure the permission of the state 47 comptroller, granted upon a written application signed and verified by 48 the supervisor or such other officer of the town as the town board shall 49 determine. Any such application shall include: 50 S 23. This act shall take effect immediately and shall apply to any 51 town or fire district which shall have filed an application with the 52 state comptroller prior to, on or after the effective date of this act; 53 provided, however that the amendments made to paragraph a of subdivision 54 2 of section 171 of the town law by section six of this act shall be 55 deemed to have been in full force and effect on and after April 24, 56 2005.