N.Y. Town Law § 193: Notice of hearing on petition; cost to typical property; definitions

§ 193. Notice of hearing on petition; cost to typical property;

definitions. 1. a. Whenever a petition shall be presented to the town

board pursuant to this article, for the establishment or extension of a

sewer, wastewater disposal, drainage, water, water quality treatment,

park, public parking, lighting, snow removal, water supply, sidewalk,

refuse and garbage, aquatic growth control district, ambulance district,

harbor improvement district, public dock district, beach erosion control

district, watershed protection improvement district, or a fallout

shelter district, the board shall adopt an order and enter the same in

the minutes of its proceedings, reciting in general terms the filing of

such petition, the boundaries of the proposed district, the improvements

proposed, the maximum amount proposed to be expended for the improvement

as stated in the petition or the maximum amount to be expended for the

performance or supplying of services if a maximum amount is stated in

the petition, the estimated cost of hook-up fees, if any, to, and the

cost of the district or extension to, the typical property and, if

different, the typical one or two family home, and specifying 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. 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 also

cause a copy thereof to be posted on the signboard 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. In the event that the town

maintains a website, such information may also be provided on the

website. Prior to the publication of a copy of the order, the board

shall cause to be prepared, and file for public inspection with the town

clerk, a detailed explanation of how the estimated cost of hook-up fees,

if any, to, and the cost of the district or extension to, the typical

property and, if different, the typical one or two family home was

computed.

b. (1) If the permission of the state comptroller is not required

pursuant to section one hundred ninety-four of this article because it

is proposed or required that the town in which the district or extension

is located shall finance the cost thereof by the issuance of bonds,

notes, certificates or other evidences of indebtedness of the town

therefor or debt service as proposed to be assumed pursuant to

subdivision twelve of section one hundred ninety-eight of this article

but the cost to the typical property or, if different, the cost to the

typical one or two family home is not above the average cost threshold

described in that section, a certified copy of the order of the town

board adopted pursuant to this section shall also be filed with the

state comptroller on or about the date of the publication of a copy of

such order.

(2) Notwithstanding the provisions of subparagraph one of this

paragraph, the state comptroller shall not be precluded from requiring

the submission of additional information or data in such form and detail

as the state comptroller shall deem sufficient or from causing an

investigation to be made with respect to the establishment or extension

of a district or an increase in the maximum amount to be expended.

2. For purposes of this article the following definition shall apply:

a. the term "typical property" shall mean a benefited property having

an assessed value that approximates the assessed value of the mode of

the benefited properties situated in the district or extension that will

be required to finance the cost of the proposed improvements;

b. the term "typical one or two family home" shall mean a benefited

property improved by a one or two family dwelling and having an assessed

value that approximates the assessed value of the mode of the benefited

properties improved by one or two family dwellings situated in the

district or extension that will be required to finance the cost of the

proposed improvements:

c. the terms "cost of the district or extension to the typical

property" and "cost of the district or extension to the typical one or

two family home" shall mean the amount that it is estimated that the

owner of such a typical property or home within the district or

extension will be required to pay for debt service, operation and

maintenance and other charges, such as user charges, related to the

improvements in the first year following formation of the district or

extension or, if greater, in the first year in which both principal and

interest on any indebtedness and operation and maintenance costs will be

paid.

d. the term "mode" shall mean, in connection with assessed value of

property, the most frequently occurring assessed value as shown on the

latest completed final assessment roll.