N.Y. Town Law § 192-a: Provision for excess sewer, drainage or water facilities

§ 192-a. Provision for excess sewer, drainage or water facilities. 1.

The town board, in causing maps and plans to be prepared or in approving

the establishment or extension of a sewer, drainage or water district

may provide by resolution that the map and plan include sewer, drainage

or water facilities in excess of those required for the proposed

district or extension. Such resolution providing for or requiring excess

facilities shall include the estimated expense for such excess

facilities and shall be subject to permissive referendum. The necessity

for and the extent of the excess capacity shall be determined by the

town board and it shall be reserved for utilization by future districts

or extensions in the town.

2. The expense of any excess sewer, drainage or water facilities

authorized pursuant to this section shall be a town charge and shall be

assessed, levied and collected in the same manner and at the same time

as other town charges; provided, however, that nothing herein contained

shall be construed to prevent the financing in whole or in part,

pursuant to the local finance law, of any excess sewer, drainage or

water facilities authorized pursuant to this section. Any such excess

sewer, drainage or water facilities shall be deemed to be a district or

special improvement authorized by article twelve or twelve-a of this

chapter within the meaning of paragraph b of section 35.00 of the local

finance law.

3. In the event the petition shall contain a statement that the

improvement in the proposed district or extension shall be constructed

at the expense of a petitioning owner of taxable real property in the

proposed district or extension, the expense of all excess sewer,

drainage or water facilities shall be borne originally as a town charge

as provided in this section. If the improvement is to be constructed by

or on the behalf of the petitioning owner, such owner shall be

compensated by the town for the cost of the excess sewer, drainage or

water facilities. In this event the provisions of section one hundred

ninety-seven of this chapter relating to competitive bidding shall not

apply. If the improvement is to be constructed by the town or by the

accepted competitive bidder, the town and not the petitioning owner

shall be liable for the cost of the excess facilities.

4. The cost of the excess sewer, drainage or water facilities shall be

determined by the town board. In addition to the information required by

section one hundred ninety-two of this chapter, the maps and plans shall

include an estimate of the cost of the excess facilities. If the

improvement is to be constructed by or on behalf of the petitioning

owner, an agreement shall be entered into between the town board and

such owner which shall state the total cost of the improvement and of

the excess facilities or the method by which such costs shall be

determined and the date of payment for such excess facilities. If the

improvement is to be constructed by the town or by the accepted

competitive bidder, the town board, in determining the cost of the

excess facilities, shall consider the estimate of the cost of the excess

facilities set forth in the maps and plans, the percentage increase in

the capacity of the facilities, the maximum amount stated in the

petition as the cost of the required facilities and the reduction, if

any, in the per unit cost. In no event shall the expense of the excess

sewer, drainage or water facilities as determined or agreed to by the

town board be less than the difference between the total cost of the

improvement as set forth in or determined pursuant to the agreement or

the accepted bid and the maximum amount stated in the petition.

5. The town board may authorize the use of any excess facilities

acquired pursuant to this section by any district, districts or

extensions thereof, thereafter established in such town, in the manner

provided in section two hundred eight of this chapter, provided the

expense of such acquisition or the proportionate share of the expense as

shall be allocated to a district or extension thereof by the town board,

together with the expense of the construction of the original

improvement for such district or extension, shall not exceed the maximum

amount authorized to be expended in such district or extension. Whenever

the town board shall authorize the use of any excess facilities acquired

pursuant to this section by any district, districts or extension

thereof, the same shall be deemed to be a part of the improvement

authorized by such district or extension thereof and the entire cost of

such acquisition and the maintenance thereof as apportioned to such

district or extension, shall be deemed to be a part of such improvement

and shall be assessed, levied and collected in the same manner as other

charges against such district or extension.