N.Y. General Municipal Law § 350: Establishment and location of airport or landing field

§ 350. Establishment and location of airport or landing field. 1. The

local legislative body of a city, county, village or town, by

resolution, may determine to establish, construct, equip, maintain and

operate for such county, city, village or town an airport or landing

field for the use of aeroplanes and other aircraft, and may direct an

appropriate officer, board or body of such county, city, village or town

to acquire or lease for such purpose real property within such county,

city, village or town or within ten miles of the boundaries thereof, and

if such real property is located in another state adjacent to such

boundaries to purchase or lease the same; or may set apart and use for

such purpose real property owned by the county, city, village or town

which, in the judgment of such local legislative body is not needed for

any other public use, whether originally acquired by condemnation or

purchase, or if acquired by grant from the state, notwithstanding any

limitation of its use in the act or deed making such grant; but no such

airport or landing field shall be established, constructed, equipped or

maintained by a town board of a town, except in the manner provided in

article fourteen of the town law. The site for such airport or landing

field must be approved by the local legislative body seeking to

construct or establish the facility. When the airport or landing field

is to be located in whole or in part outside the boundaries of the

municipality seeking to establish or construct the facility, the

approval of the local legislative body of the city, town or village

within which the facility will be located shall be obtained. This

article shall not apply to a county wholly within a city.

2. The exercise of the powers conferred upon the board of trustees of

a village by this section in relation to expenditures to be made during

a fiscal year for which taxes therefor are to be levied shall be subject

to a referendum and a resolution adopted by such board in the exercise

of such powers shall not take effect until thirty days after its

adoption; nor until approved by the affimative vote of a majority of the

qualified electors of such village voting on a proposition for its

approval, if within thirty days after its adoption, there shall be filed

with the village clerk, a petition signed and acknowledged by electors

of the village qualified to vote upon a proposition to raise and expend

money, in number equal at least to thirty per centum of the total number

of the votes cast for mayor of the village at the last annual election

or special election of the village at which a mayor was elected, but

which shall not be less than fifty, protesting against such resolution

and requesting that it be submitted to the electors of the village for

their approval or disapproval. The form and contents of such petition

and the procedure thereon and thereunder shall be in conformity with and

governed by the provisions of article nine of the village law.