N.Y. Town Law § 198: Powers of town boards with respect to improvement districts

§ 198. Powers of town boards with respect to improvement districts.

The town board of every town, except as otherwise provided by law, shall

have authority to and may exercise the following powers with respect to

improvement districts, heretofore or hereafter established, subject to

the provisions of this article:

1. Sewer districts. After a sewer district shall have been

established, the town board may: (a) lay out, open, design, construct,

alter and maintain sanitary sewers, sewage disposal plants or any

necessary work appurtenant thereto, for the benefit of any sewer

district in said town, provided, however, that any such improvement

shall be consistent with, so far as possible, any comprehensive plan for

sewers developed and maintained pursuant to section ninety-nine-f of the

general municipal law;

(b) contract with any person or corporation, municipal or otherwise,

for supplying the inhabitants of such district with sanitary sewer

facilities;

(c) contract for the purchase from any person or corporation,

municipal or otherwise, of any trunk sewer, lateral sewer, sewer system

or disposal plant, rights of way and appurtenances, for the purpose of

supplying the inhabitants of any such district with sanitary sewer

facilities, provided that prior to the purchase of a lateral sewer a

petition for such purpose stating the maximum amount to be expended

therefor shall be filed with the town clerk, signed by the owners of

taxable real property fronting or abutting upon either side of any

street or highway, or part of a street or highway, in said district

wherein said lateral is constructed to the extent of at least one-half

of the entire frontage on both sides of said street or highway, or part

aforesaid, as shown upon the latest completed assessment roll of said

town, and the procedure thereon and for the financing of such purchase

and the levy of assessments therefor shall be the same as provided in

this chapter for the construction of a lateral sewer in a sewer

district;

(d) regulate the construction of all private sewers and prescribe the

manner in which sewer connections shall be made, provided, however, that

such construction shall be consistent with, so far as possible, any

comprehensive plan for sewers developed and maintained pursuant to

section ninety-nine-f of the general municipal law;

(e) cause sewer pipes to be laid, relaid or repaired in or below the

surface of any public highway, road, street or avenue in a county in

which such town is located or in an adjoining county, as a necessary use

of the highway and for highway purposes, without obtaining any easement

therefor from the owner of the fee of the land in said public highway,

road, street or avenue. The town board shall cause such highway, road,

street or avenue to be restored to its usual condition at the expense of

the district benefited. No sewer pipes shall be laid under any highway,

road, street or avenue in another town or any city or incorporated

village without the consent of the governing board of such town, city or

village, and if such highway be a state or county highway or a highway

constructed pursuant to section one hundred ninety-four or one hundred

ninety-five or article six of the highway law, in addition to such

consents, the consent of the commissioner of transportation;

(f) enter into a contract or contracts with another sewer district or

with any incorporated city or village or with one or more corporations

or individuals for the joint disposal of sewage, and the expense of such

joint disposal of sewage shall be apportioned between the contracting

parties in proportion to the areas served, volumes of sewage disposed of

or the benefits received by each contracting party;

(g) adopt, from time to time, ordinances, rules and regulations for

the operation of the sewer district and the use of the sewer system

therein, and enforce compliance with such ordinances, rules and

regulations as provided in section one hundred thirty-five of this

chapter;

(h) establish, from time to time, charges, fees or rates to be paid by

the owners of real property within such district for the connection of

house service lines or mains with such sewer system. Such connection

charge may include any expense incurred for the purpose of providing

service, whether such expense be incurred for construction within the

property line or within the street lines. In addition, such connection

charge may include a fee for the inspection of such connection, the

expense of performing service in relation thereto or for any other

special benefit received;

(i) establish, from time to time, charges, fees or rates for the use

of such sewer system, to be designated "sewer rents". Such rents may be

based upon the metered consumption of water on premises connected with

the sewer system, making proper allowance for commercial use of water,

the number and kind of plumbing fixtures connected with the sewer

system, the number of persons served by the sewer system, or upon any

other equitable basis, as the town board may determine. The provisions

of this paragraph shall apply only to those sewer districts in which

sewer rents have been established and are being imposed on May first,

nineteen hundred fifty-one, pursuant to the provisions of this

paragraph. The provisions of this paragraph shall not prevent a town

from acting pursuant to the provisions of paragraph (l) of this

subdivision;

(j) establish, from time to time, charges, fees or rates for services

rendered or work performed for the particular or special benefit of any

individual parcel or portion of real property within such sewer

district;

(k) provide by ordinance, rule or regulation for the time within which

rates, charges, fees or sewer rents may be paid, and may provide a

penalty not exceeding ten per centum of the amount due when such rates,

charges, fees or sewer rents are in arrears for thirty days or longer,

and may provide for the payment of such charges, fees, rates or sewer

rents in advance. The town clerk shall annually file with the town board

statements showing the unpaid rates, charges, fees or sewer rents in

such districts. Such statements shall contain a brief description of the

property against which such sewer rents were imposed, the names of the

persons or corporations liable to pay for the same and the amount

chargeable to each. The supervisor shall transmit such statement to the

board of supervisors which shall levy such sums against the property

liable and shall state the amount of the tax in a separate column in the

annual tax rolls of such town under the name of "sewer charges". Such

tax shall be paid to the supervisor of such town. All of the provisions

of the existing tax laws of the state of New York covering the

enforcement and collection of unpaid town taxes or assessments for

special improvements in the several towns of the state of New York not

inconsistent herewith shall apply to the collection of such unpaid sewer

charges. All fees, charges, rates and sewer rents may be used for the

payment of the cost of the management, maintenance, operation and repair

of the sewerage system including treatment and disposal works, or for

the enlargement or replacement of the same. The term "sewer rents", as

used in this paragraph, has reference only to sewer rents established

pursuant to paragraph (i) of this subdivision;

(l) notwithstanding any other provisions of law, establish and impose

sewer rents pursuant to the provision of article fourteen-f of the

general municipal law as a source of revenue, other than assessments

upon benefited real property, for financing district expenditures. Such

sewer rents may be expended as provided in article fourteen-f of the

general municipal law and, to the extent that such sewer rents provide a

source of revenue for such expenditures, assessments shall not be levied

upon property especially benefited by the sewer system or the part or

parts thereof for which such rents are established and imposed. This

paragraph does not affect any provisions of law relating to the

authorization or construction of any improvement in a sewer district.

1-a. Sewage disposal districts. The town board shall have and exercise

all of the powers with respect to a sewage disposal district which are

provided in subdivision one in the case of sewer districts, in so far as

the same are consonant with the purposes of the sewage disposal

district, as described in section one hundred ninety-b, provided,

however, that the charges for trunk sewer, sewage treatment and sewage

disposal service shall be sufficient to pay all estimated annual costs

of operation and maintenance and all annual installments of principal

of, and interest on, obligations issued on behalf of the sewage disposal

district. In the event that such revenues in any year are insufficient,

the excess of cost over revenues may be assessed against the real

property of the district as hereinafter provided.

1-b. Wastewater disposal districts. (a) The town board shall have and

exercise all of the powers with respect to a wastewater disposal

district which are provided in subdivision one in the case of sewer

districts, in so far as the same are consonant with the purposes of the

wastewater disposal district, as described in section one hundred

ninety-e of this article, provided, however, that the charges for all

wastewater disposal district services shall be sufficient to pay all

estimated annual costs of operation and maintenance and all annual

installments of principal of, and interest on, obligations issued on

behalf of the wastewater disposal district. In the event that such

revenues in any year are insufficient, the excess of costs over revenues

may be assessed against the real property of the district as hereinafter

provided.

(b) The town board shall also have power to institute an industrial or

commercial cost recovery system for payment to the United States by the

commercial users of the private on-site wastewater disposal system of

that portion of the cost of construction of such system which is

applicable to the treatment of commercial wastes to the extent

attributable to the federal share of the cost of construction.

(c) The town board shall also have the power to submit, on behalf of

individual property owners who have requested such assistance in

writing, an application for federal assistance and state assistance

towards the eligible cost of construction of private on-site wastewater

disposal systems.

(d) Upon approval of an application for federal assistance towards the

eligible cost of construction of private on-site wastewater disposal

systems the town board may enter into a contract with the federal

government for payment of such assistance.

2. Drainage districts. After a drainage district shall have been

established, the town board may lay out, open, design, construct,

maintain and alter drains, storm water sewers, pumping stations or

necessary works appurtenant thereto, and improve any water course for

the benefit of any drainage district in such town; contract with any

person or corporation, municipal or otherwise, for supplying the

inhabitants of such drainage district with storm sewerage facilities;

contract for the purchase from any person or corporation, municipal or

otherwise, of any trunk sewer, sewer system, pumping station, rights of

way and appurtenances, for any such purpose or purposes; and may

regulate the construction of all private drains and storm sewers and

prescribe the manner in which storm sewer connections shall be made. The

town board may lay and construct storm water sewers and necessary

incidental appurtenances thereto in and below the surface of any public

highway, road, street or avenue of such town within a drainage district

as a necessary use of the highway and for highway purposes under the

supervision of the town superintendent of highways without obtaining any

easement therefor from the owner of the fee of the land in such public

highway, road, street or avenue in the drainage district.

3. Water districts. (a) Construction of system. After a water district

shall have been established, the town board may construct, maintain,

extend, repair and regulate water works, wells, reservoirs, or basins

for the purpose of supplying the inhabitants of any water district in

such town, with pure and wholesome water for domestic and commercial

uses, and for protection against fire; provided, however, that any such

improvement shall be consistent with, so far as possible, any

comprehensive plan for public water supply systems developed and

maintained pursuant to section ninety-nine-f of the general municipal

law. The town board may cause water pipes and necessary appurtenances

thereto to be laid, relaid or repaired in or under the surface of any

highway in a county in which such town is located or in an adjoining

county, for the purpose of transporting water to a water district in

said town, and shall cause such highway to be restored to its usual

condition at the expense of the district benefited, or may cause water

pipes and necessary appurtenances thereto to be constructed along an

easement acquired for such purpose, pursuant to law. No water pipes

shall be laid under any highway, road, street, or avenue in any city or

incorporated village without the consent of the governing board of such

city or village, and if such highway be a state or county highway, or a

highway constructed pursuant to section one hundred ninety-four or one

hundred ninety-five or article six of the highway law, in addition to

such consents, the consent of the state superintendent of public works.

The town board may also acquire by purchase any existing water system,

or a portion or portions thereof, in the county in which such town is

located, and/or in an adjoining county, for the purpose of supplying the

inhabitants of a water district in such town, but the cost of

acquisition thereof shall not exceed the maximum amount stated in the

petition or in the final order, if the town board proceeded under

article twelve-A of this chapter. For the purpose of promoting the

health, safety, morals or general welfare of the community, including

the protection and preservation of the property of the town and of its

inhabitants and for the maintenance of peace and good order and for the

benefit of trade, or for any of such purposes, the town board may lay,

construct and maintain mains and conduits, subject to the supervision of

the town superintendent of highways, in, on, along or under the surface

of any highway, road, street or avenue within the water district, as a

necessary use thereof for highway purposes and without obtaining any

easement therefor from the owner of the fee of the land in such

highways, roads, streets or avenues, and the town board may erect and

place hydrants, valves, valve boxes, pipes and necessary appurtenances

thereto, in, on, along or under the surface of such highways, roads,

streets and avenues, or any of them, or in or along any easements

acquired for such purpose as provided in this subdivision. The town

board may also exercise similar powers in, on, along or under the

surface of any private highways, roads, streets or avenues within the

water district, as a necessary use thereof for the purpose of promoting

the public welfare, provided that there be dwelling houses erected and

used for residential purposes on the lands abutting on such private

highway, road, street or avenue. The owners of the land in such private

highways, roads, streets or avenues may be compensated for the use

thereof in damages which shall be assessed and determined as provided in

article eight of the highway law upon the opening of a new highway where

easements have not been granted. If the town board shall cause or permit

any excavation to be made in any highway, road, street or avenue for the

performance of work pursuant to the provisions of this article, the town

board shall cause such highway, road, street or avenue to be restored to

its usual condition at the expense of the district benefited. Supply

pipes connecting with district mains shall be installed and repaired at

the property owner's expense under the direction of an employee of the

town or the district after a permit therefor has been granted, except

that the town board may, by resolution, provide that that portion of a

supply pipe within the bounds of a public highway shall be installed,

maintained and repaired by the water district. The costs of

installation, maintenance and repair shall be district charges to be

assessed, levied and collected as provided in sections two hundred two

and two hundred two-a of this chapter. The town board may also fix a

uniform service charge for the installation of such portion of a supply

pipe, regardless of the location of the water main and regardless of the

soil, rock or other physical conditions within the highway, and provide

for the time and manner of payment of such charge by the property owner

served by the supply pipe. If a property owner shall fail to pay the

uniform service charge, a statement showing the name of the property

owner and the amount unpaid and containing a brief description of the

real property shall be transmitted to the board of supervisors of the

county and such amount shall be levied and collected as an assessment

against the real property, all in the manner provided in paragraph (d)

of this subdivision in the case of unpaid water rents. Such service

charges, when collected, may be used for any water district purpose,

except as otherwise provided by law. Any member of the town board or the

board of district commissioners, if there be one, or a duly authorized

agent of either, may at any time enter a building or upon premises where

water is used from supply pipes connected to a district system, for the

purpose of examining such pipes and the manner of installation thereof.

(b) Purchase and sale of water. The town board may contract with any

person or corporation, municipal or otherwise, or with a town or county

on behalf of a water district, for a supply of water, for a term not to

exceed forty years, and shall have the power and authority to resell

said water to the inhabitants and consumers in said water district and

may use such portion thereof within the district as it may see fit and

proper for public purposes and provide for the payment as a town charge

of that portion of the cost of said water used by the town. The town

board may also sell water for the benefit of such water district to

municipalities, water districts, water supply districts and fire

districts, and for fire purposes to fire protection districts, fire

alarm districts and for "unprotected areas" pursuant to section one

hundred eighty-four-a of this chapter, but the town board shall not

supply water of such water district to that portion of any fire

district, fire protection district, fire alarm district or any such

"unprotected area" which shall be included within the boundaries of

another water district. The town board, in its discretion, may permit

the use of water from hydrants of a water district for fire purposes

without charge in all or any part of the area of a fire district, fire

protection district, fire alarm district, or "unprotected area", which

is wholly or partly included within the area of such water district. The

town board may permit any person or corporation owning real estate

outside of the water district to use water from a district system for a

rental, subject to the restrictions to be prescribed by said board,

provided, however, that no such use shall be permitted outside of the

town in which such district is located if such territory is served by

another water district, a water supply company, city, village or joint

water works system unless the approval of the water power and control

commission is first obtained. The town board shall not sell nor permit

the use of water under this section outside of the district if such use

will reduce the supply of water so that it will not be sufficient for

the district affected or its inhabitants.

(c) Ordinances, rules and regulations. The town board shall have the

power to adopt, from time to time, ordinances, rules and regulations for

the operation of the water district and the use of water therein, and in

addition to the remedies provided in section one hundred thirty-five for

the enforcement thereof or for the punishment of violators, the town

board may enforce compliance with such ordinances, rules and regulations

by cutting off the supply of water.

(d) Water rates. The town board shall establish, from time to time,

the water rates to be paid by consumers and may provide for the payment

of said water charges in advance. The board may provide that a discount

shall be allowed for the prompt payment of water rates within the time

required by the board for the payment thereof. Such water charges shall

be a lien upon the real property upon which or in connection with which

the water was used. The town board may provide by ordinance or

resolution that unpaid water charges in arrears for thirty days or

longer shall be subject to a penalty not exceeding ten per centum of the

amount due, and may further provide for cutting off the supply of water

if such water charges are not paid within sixty days from the date due.

At the same time as the filing of the estimates specified in section one

hundred four of this chapter, or in case the town board shall elect by

resolution a subsequent date, which in no event shall be later than

November first in any year, the town clerk shall annually file with the

town board, and with the supervisors of adjoining towns in which permits

have been issued to property owners, statements showing the unpaid water

charges in the respective districts and towns and which have not

appeared on any such statements previously filed. Such statements shall

contain a brief description of the property upon which the water was

used, the names of the persons or corporations liable to pay for the

same and the amount chargeable to each. The supervisor of the town in

which the districts are located and the supervisors of adjoining towns

in which permits have been issued shall transmit such statements to the

board of supervisors of the county at its next regular meeting. The

board of supervisors shall levy such sums against the property liable

and shall state the amount of the tax in a separate column in the annual

tax rolls of the various towns under the name of "Water Rents." Such tax

shall be paid to the supervisors of the respective towns. The

supervisors of adjoining towns shall pay the same out of the first money

collected which is available for town purposes to the supervisor of the

town in which the water districts are located. All of the provisions of

the existing tax laws of the state of New York covering the enforcement

and collection of unpaid town taxes or assessments for special

improvements in the several towns of the state of New York not

inconsistent herewith shall apply to the collection of such unpaid water

rents. Such water rates when collected, shall be applied toward the

maintenance, operation, enlargement and improvement of the water system

and for the payment of the principal and interest of bonds issued for

the purposes of such district.

3-a. (a) Water quality treatment districts. After a water quality

treatment district has been established, the town board may take such

action as may be necessary or desirable to adopt plans and

specifications and enter into a contract or contracts, request, receive

and administer grants and other sums of money necessary or proper for

the purposes of the district, or take such other action as may be

necessary or desirable for water quality treatment, including but not

limited to the procurement, by purchase, lease or other means, of a

water quality treatment unit or device, installation, monitoring,

testing, modifying, operation and maintenance, and the imposition of

charges for the expense thereof when such expense is not paid for by a

private source, grant or by any other means.

(b) An agreement between the town board and an owner of a benefited

parcel of property shall be entered into before the procurement,

installation and maintenance of a water quality treatment unit or

device. An agreement between such parties shall also be required for the

modification and/or maintenance of a water quality treatment unit or

device which is in place at the time when the property becomes a part of

the district, however, the modification and/or unit or device must first

be approved by the state department of health. Such agreements may be

amended from time to time by mutual consent of the town board and the

owner of a benefited parcel of property. The agreement shall set forth

the amount to be paid by the owner attributable to the expense of

procurement, installation, and modification, as the case may be, of the

water quality treatment unit or device, and shall contain a statement

that the ownership of the treatment units or devices purchased by the

district shall remain the property of the district and that charges for

monitoring, testing, operation and maintenance shall be determined

annually as provided in section two hundred two-a of this chapter. All

of the expenses for the procurement and installation or modification may

be paid at the time an agreement is entered into. The town board may, by

resolution, authorize payment of the expenses of procurement,

installation or modification of the water quality treatment unit or

device over a period of time in annual installments. Such resolutions

shall set forth whether the annual installments shall be due and payable

at the same time as town and county taxes are due or at another time.

The option of paying such expenses in annual installments, if provided

by town board resolution, shall be available to each property owner in

the district. If such annual installments shall be due at the same time

as town and county taxes, the supervisor shall transmit the amount of

the annual installments to the tax levying body for the levy and

collection and enforcement of the same in the manner and at the same

time as town and county taxes are levied, collected and enforced.

(c) Where the annual installments are to be paid at any other time,

the resolution shall set forth the time and manner of payment and

collection. Such resolution may be amended from time to time. If any

portion or an installment for the procurement, installation and

modification of such unit or device is not paid within thirty days of

when it is due, the town board shall notify the owner of the property

that unless such amount is paid within ten days from the date of the

notice, such unit or device may be removed at the expense of the

property owner. If the owner fails to pay such amount by such date, the

town board may cause such unit or device to be removed. After such

removal, the town board shall send the owner a statement of the amount

due, together with the amount of expense attributable to removal of such

unit or device, and the total amount thereof shall be a lien upon such

real property and collection thereof shall be enforced at the same time

and in the manner as the collection of town and county taxes are

enforced with interest as provided herein. If the unit or device is not

so removed, the collection of the amount set forth in the first notice

of delinquency shall be enforced at the same time and in the manner as

the collection of town and county taxes are enforced. The total amount

set forth in such first notice, together with interest thereon shall be

a lien upon such real property until it is paid. Interest shall be

charged at the rate of one percent per month or fraction thereof,

subsequent to the expiration of the ten days notice, until paid or the

date of tax sale, whichever is sooner. On or before the first day of

July in each year, the supervisor shall prepare and transmit to the tax

enforcement officer or body, a list of those properties and property

owners who are in arrears and the amount chargeable to each with

interest thereon, as provided herein. All of the provisions of the

existing tax laws of the state of New York covering the enforcement and

collection of unpaid town taxes or assessments for special improvements

in the several towns of the state of New York not inconsistent herewith

shall apply to the collection of such unpaid charges. Such amounts, when

collected, shall be credited to the applicable water quality treatment

district fund and shall be used only for such district purposes.

(d) The agreement shall also contain a grant by the owner to the water

quality treatment district, its agents, employees and representatives

authorized to act on its behalf, a right of entry and access to the

property, while such property is within such district, for the purpose

of installation, modification, replacement, repair, monitoring, testing,

operation and maintenance, regeneration and removal of the water quality

treatment unit or device. Thereafter employees, agents and authorized

representatives of the district shall have a right of entry and access

to such property for the purposes specified herein, upon reasonable

notice at reasonable times. If a lessee or occupant of said property

refuses to allow such entry and access, the town board may apply to a

court of competent jurisdiction to enforce its right of entry and

access. If entry and access was refused by the owner of the property,

the town board may in its discretion remove the water quality treatment

unit or device at the expense of the owner, unless such unit or device

was acquired and owned by the property owner and exclude the property

from the district. Such expense together with any other charges accrued

prior to such removal shall be collected in the manner provided in

paragraph (c) of subdivision three-a of section one hundred ninety-eight

of this chapter.

4. Park districts. After a park district shall have been established,

the town board shall proceed to acquire by purchase or condemnation of

the property described in the petition or in the final order, if the

town board proceeded under article twelve-A of this chapter, for the

establishment of such park district, and, thereafter the board may erect

or cause to be erected thereon non-commercial buildings and structures

and it may purchase necessary equipment and otherwise improve such

property for park purposes, as the board may determine. In existing park

districts, the town board may acquire by purchase, condemnation or

lease, property for public parking places and maintain the same in

accordance with the provisions of subdivision five hereof, without the

establishment of a public parking district. No property situated within

an incorporated village or city shall be acquired in any manner for park

purposes, unless the permission and consent of the board of trustees of

such village or the common council or legislative body of such city, is

first obtained; provided that such permission and consent, if obtained

subsequent to the acquisition of any such property, shall be effective

for all purposes and to the same extent as though obtained prior to such

acquisition. The town board may sell, convey and transfer any property

acquired for park purposes at such an amount as it may determine but not

less than the original cost thereof, and apply the proceeds of such

sale, conveyance or transfer to the purchase of other property for park

purposes and improve such property in the manner provided herein. The

town board of the town of Oyster Bay may also convey and transfer to the

state of New York or to any municipal or district corporation as defined

by section three of the general corporation law, any property acquired

for park purposes, or any part thereof, when no longer needed, either

without consideration or for such consideration and upon such terms and

conditions as the town board may determine and the resolution

authorizing such conveyance or transfer shall be subject to a permissive

referendum. The town board of the town of Hempstead may lease to the

board of cooperative educational services, as defined by article forty

of the education law, any property acquired for park purposes, or any

part thereof, when no longer needed, either without consideration or for

such consideration and upon such terms and conditions as the town board

may determine. The town board may employ such persons and expend such

amount of money as may be necessary for the proper maintenance of such

park for the use, convenience and enjoyment of the inhabitants of such

park district, and, may in its discretion, grant licenses and privileges

for any use of such park and park property which contributes thereto.

The town board may fix a reasonable charge for the use of such park by

all persons other than inhabitants and taxpayers of such park district,

and, in addition, the board may adopt general rules and regulations for

the government and protection of the park and all property therein, and,

for the enforcement thereof, provide that the violator of any rule or

regulation relating to the park or property therein shall be guilty of a

misdemeanor and shall, on conviction, in the county of Nassau before a

judge of the district court, and elsewhere before a justice of the

peace, be punished by a fine not exceeding fifty dollars, or, in default

of payment of such fine, by imprisonment not exceeding thirty days.

5. Public parking districts. After a public parking district shall

have been established, the town board shall proceed to acquire by

purchase, condemnation or lease the property described in the petition

or in the final order, if the town board proceeded under article

twelve-A of this chapter for the establishment of such public parking

district, and, thereafter the board may purchase necessary equipment and

otherwise improve such property for parking vehicles, as the board may

determine. The town board may sell, convey, lease and transfer any

property acquired for public parking purposes at such an amount as it

may determine but not less than the original cost thereof, and apply the

proceeds of such sale, conveyance, lease or transfer to the purchase of

other property for public parking and improve such property in the

manner provided herein. The town board may employ such persons and

expend such amounts of money as may be necessary for the proper

maintenance of such public parking places. The town board may fix

reasonable charges for the use of such public parking places, and for

the purpose of collecting such charges may acquire, install and maintain

parking meters. The board may adopt general rules and regulations for

the government of such public parking places, and, for the enforcement

thereof, provide that the violator of any rule or regulation relating to

the public parking place shall be guilty of a misdemeanor. Where parking

meters are placed upon highways located outside of villages but within

the public parking district at the expense of the town, the town board

may transfer such parking meters to the parking district upon payment to

the town of the present market value of such meters, in which event the

fees from such parking meters shall belong to the parking district and

the cost of operation and maintenance thereafter be borne by such public

parking district. The rules and regulations for the government of

parking meters owned by a public parking district which are located on

highways within the district may be adopted only pursuant to the

provisions of the vehicle and traffic law.

6. Lighting districts. After a lighting district shall have been

established, the town board may contract for a term not exceeding ten

years for the illumination of the streets or highways in said district,

or such portion thereof as such board may determine. Whenever said

district shall have been established and the town board shall have

determined to light only a portion of the streets and highways in said

district and shall have awarded a contract accordingly, the lighting of

additional streets and highways in said district may be contracted for

as said town board, in its discretion, may, from time to time, determine

advisable. If the town board shall deem it advisable or if the petition

shall require the town board so to do, said town board may purchase

lighting standards at the expense of said district and may enter into a

contract for the installation and maintenance thereof and for supplying

electricity or gas therefor.

Whenever a petition requesting the installation of street lighting

equipment along a street or highway or portion thereof in any lighting

district, signed by the owners of real estate fronting or abutting upon

either side of said street, highway or portion thereof to the extent of

at least one-half of the entire frontage or bounds on both sides

thereof, and acknowledged or proved in the same manner as a deed to be

recorded, or authenticated in the manner provided by the election law

for the authentication of nominating petitions, is filed with the town

clerk, the town board shall adopt an order reciting in general terms the

filing of such petition and its contents and specifying the time and

place, when and where said board will meet to consider said petition and

to hear all persons interested in the subject matter thereof. A copy of

such order, certified by the town clerk, shall 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 date set therein for the

hearing, and shall also be posted on the sign-board of the town

maintained pursuant to subdivision six of section thirty of this

chapter. After such hearing and upon evidence given therein, the town

board shall determine by resolution (a) whether the petition is signed,

and acknowledged or proved, or authenticated as required by law and is

otherwise sufficient, and (b) whether it is in the public interest to

grant, in whole or in part, the relief sought. If the town board shall

determine that the petition is not signed, or acknowledged or proved, or

authenticated as required by law, or that it is otherwise insufficient,

or if it be determined that it is not in the public interest to grant in

whole or in part the relief sought, the town board shall deny the

petition. If the town board shall determine in the affirmative the

sufficiency of the petition and that it is in the public interest to

grant in whole or in part the relief sought, the town board may adopt a

resolution approving the petition and authorizing the installation of

street lighting equipment along the streets, highways or portions

thereof described in the petition, and in such case the town board is

authorized to purchase and to have installed the street lighting

standards and wiring. The cost of such improvement upon completion

thereof, or at any time prior thereto, may be financed by the issuance

of obligations of the town, pursuant to the local finance law. The town

board shall annually apportion and assess upon the several lots and

parcels of land within the district in proportion to the amount of

benefit which the improvement shall confer upon the same, and in the

manner provided in section two hundred two-a of the town law for the

assessment of the cost of maintenance in a sewer district, an amount

sufficient to pay the principal of and interest on said obligations as

the same shall become due and payable. The cost of maintenance of such

improvement shall be a charge upon the district.

7. Snow removal districts. After a snow removal district shall have

been established, the town board may contract for a term not exceeding

ten years for the removal of snow from all the sidewalks in said

district or such portion thereof as the board may determine. Whenever

the town board shall have awarded a contract for the removal of snow

from a portion of the sidewalks in any such district, the town board may

contract for the removal of snow from additional sidewalks in said

district from time to time as the said town board in its discretion may

determine advisable. Whenever the town board may determine it

advantageous so to do, it may employ a sufficient number of persons and

provide the necessary equipment to remove snow from sidewalks within the

district, at the expense of said snow removal district.

8. Water supply districts. After a water supply district shall have

been established, the town board may contract for a term not exceeding

forty years for the delivery by a water district, municipal corporation,

water authority, or by a corporation subject to the provisions of

article four of the transportation corporations law, of a supply of

water for fire, sanitary or other public purposes, to such district, and

for the furnishing, erection, maintenance, care and replacement of fire

hydrants in connection therewith.

8-a. Water storage and distribution districts. The town board shall

have and exercise all of the powers with respect to a water storage and

distribution district which are provided in subdivision three in the

case of water districts, in so far as the same are consonant with the

purposes of the water storage and distribution district, as described in

section one hundred ninety-a, provided, however, that the charges for

water sold shall be sufficient to pay all estimated annual costs of

operation and maintenance and all annual installments of principal of,

and interest on, obligations issued on behalf of the water storage and

distribution district. In the event that such revenues in any year are

insufficient, the excess of cost over revenues may be assessed against

the real property of the district as hereinafter provided.

9. Refuse and garbage districts. After a refuse and garbage district

shall have been established in such town, the town board may,

(a) Provide for the collection and/or resource recovery or

disposition, or any combination thereof of garbage, ashes, rubbish and

other waste matter in such district, and for any of such purposes may

construct, operate and maintain refuse resource recovery, disposal or

incinerator plants, and establish, operate and maintain sanitary

landfills, acquire the necessary lands therefor, and purchase, operate

and maintain all necessary appliances appurtenant thereto, including

such vehicles as may be required for the collection and resource

recovery or disposition thereof; or the town board may contract for the

collection and resource recovery or disposal of animal or vegetable

refuse, ashes, garbage or any waste matter, and for that purpose may

award one or more contracts for a period not exceeding ten years for the

collection and twenty years for the resource recovery or disposal

thereof for all refuse and garbage districts in such town or separate

contracts for each district or part thereof. Whenever the town board may

determine it advantageous so to do, it may employ a sufficient number of

persons and provide the necessary equipment to collect such garbage,

refuse and waste matter, at the expense of said refuse and garbage

district.

(b) Upon a petition as provided for in section one hundred ninety-one

of this article, provide for the prevention or reduction of waste matter

consisting of carbon components of energy waste from residential

properties and the performance of energy audits and the purchase and

installation of energy efficiency improvements on such residential

properties. The term "energy efficiency improvement", as used in this

subdivision, shall mean a material improvement made to an existing

residential property that reduces energy consumption, including but not

limited to caulking, weatherstripping, air sealing, insulation, heating

and cooling systems upgrades, solar thermal systems and conservation

measures, in a cost-effective manner as determined by the town,

provided, however, that "energy efficiency improvement" does not include

a household appliance, such as a washing machine or refrigerator, that

is not permanently fixed to real property. The term "energy audit", as

used in this subdivision, shall mean a formal evaluation by a qualified

contractor, who shall be approved by the town board, of the energy

consumption of a residential property for the purpose of identifying

methods to improve energy efficiency and reduce energy waste.

(c) Establish from time to time, charges, fees or rates to be paid by

users for refuse and garbage collection service and may provide for the

payment of said charges in advance. Such charges, fees or rates may be

based upon the volume of refuse, garbage, ashes, rubbish and other waste

matter collected, making a proper allowance for commercial or industrial

establishments, the number of calls per month, the number of persons or

families served in the district, or upon any other equitable basis as

the town board may determine. The town board may also establish from

time to time charges, fees or rates to be paid by those who have had

energy audits performed and energy efficiency improvements installed or

implemented on residential properties. Such charges shall be a lien upon

the real property for which or in connection with which the services are

rendered.

(d) Provide by ordinance, rule or regulation for the time within which

rates, charges or fees for the refuse and garbage collection service or

for energy audits and energy efficiency improvements shall be paid, and

may provide a penalty not exceeding ten per centum of the amount due,

when such rates, charges or fees are in arrears for thirty days, or

longer. The town clerk shall annually file with the town board

statements showing unpaid rates, charges or fees in such districts. Such

statements shall contain a brief description of the property for which

or in connection with which the refuse and garbage collection service

was provided, or on which the energy audits were performed and energy

efficiency improvements were installed, the names of the persons or

corporations liable to pay the same and the amount chargeable to each.

The supervisor shall transmit such statements to the board of

supervisors which shall levy such sums against the property liable and

shall state the amount of the tax in a separate column in the annual tax

rolls of such town under the name of "refuse and garbage charges." Such

tax shall be paid to the supervisor of such town. All the provisions of

the existing tax laws of the state of New York covering the enforcement

and collection of unpaid town taxes or assessments for special

improvements in the several towns of the state of New York, not

inconsistent herewith, or for energy audits and energy efficiency

improvements shall apply to the collection of such unpaid charges for

the collection of refuse and garbage. All such rates, charges and fees

shall be used for the payment of the cost of the management, maintenance

and operation of the refuse and garbage collection service, or the

enlargement or extension of the facilities thereof or the improvement of

services therein, or for the cost of the management, maintenance and

operation of performing energy audits and purchasing and installing

energy efficiency improvements.

(e) Adopt from time to time ordinances, rules and regulations for the

collection of garbage, ashes, rubbish and other waste matter in the

refuse and garbage districts in the town and the use of the equipment

therein, and in addition to the remedies provided in section one hundred

thirty-five of this chapter for the enforcement thereof or for the

punishment of violators, the town board may enforce compliance with such

rules, ordinances and regulations by discontinuing the refuse and

garbage collection service.

10. Public dock districts. After a public dock district shall have

been established, the town board may contract for the construction of a

public dock, either under an entire contract or in parts or sections as

the board may determine, and may acquire such real property as the board

may deem necessary for the construction and maintenance of such public

dock and its approaches but the cost thereof shall not exceed the amount

stated in the petition or in the final order, if the town board

proceeded under article twelve-A of this chapter. The board shall also

have authority to provide for the maintenance thereof and to establish

rules for its use.

10-a. Beach erosion control districts. After a beach erosion control

district shall have been established, the town board may take such

action as may be required to arrest erosion in such district and prevent

or alleviate damage resulting therefrom and to contract for or to

construct such jetties, groins, fills, bulkheads or other works or

improvements as may be necessary to carry out its purpose.

10-b. Sidewalk districts. After a sidewalk district shall have been

established, the town board may construct or contract for the

construction of sidewalks within the district as it may determine to be

necessary or desirable. The board shall also have authority to provide

for the maintenance thereof.

10-c. After a fallout shelter district shall have been established,

the town board may acquire, construct, install and maintain a fallout

shelter or shelters within the district as it may determine to be

necessary or desirable for the protection, safety and health of the

persons residing within such district, and acquire, store and maintain

appropriate materials and supplies therein, subject to the applicable

provisions of the New York state defense emergency act.

10-d. Harbor improvement districts. After a harbor improvement

district has been established, the town board may take such action as

may be required to adopt plans and specifications and enter into a

contract or contracts for harbor improvements within the district as it

may determine to be necessary or desirable. The board shall also have

authority to provide for the maintenance thereof.

10-e. Aquatic growth control district. After an aquatic growth control

district has been established, the town board may take such action as

may be required to adopt plans and specifications and enter into a

contract or contracts, or take such other action as may be required, for

the control of aquatic growth within the district as it may deem to be

necessary or desirable. For purposes of this chapter, "aquatic growth"

means aquatic invertebrate species and aquatic plants, identified as

invasive pursuant to title seventeen of article nine of the

environmental conservation law.

10-f. Ambulance districts. After an ambulance district has been

established, including ambulance districts established prior to the

effective date of this subdivision pursuant to this article and article

twelve-A of this chapter or any other provision of law, the town board

may:

(a) provide an emergency medical service, a general ambulance service,

or a combination of such services for the purpose of providing

prehospital emergency medical treatment or transporting sick or injured

persons found within the boundaries of the district to a hospital,

clinic, sanitorium, or other place for treatment of such illness or

injury, and to that end may:

(i) Acquire by gift or purchase one or more motor vehicles suitable

for such purpose and supply and equip the same with such materials and

facilities as it may consider necessary for prehospital emergency

treatment, and may operate, maintain, repair and replace such vehicles

and such supplies and equipment;

(ii) Contract with one or more individuals, municipal corporations,

associations, or other organizations having sufficient trained and

experienced personnel except an emergency rescue and first aid squad of

a fire department or fire company which is subject to the provisions of

section two hundred nine-b of the general municipal law for operation,

maintenance and repair of such emergency medical service or ambulance

vehicles and for the furnishing of prehospital emergency treatment;

(iii) Contract with one or more individuals, municipal corporations,

associations, or other organizations except an emergency rescue and

first aid squad of a fire department or fire company which is subject to

the provisions of section two hundred nine-b of the general municipal

law to supply, staff and equip emergency medical service or ambulance

vehicles suitable for such purposes and operate such vehicles for the

furnishing of prehospital emergency treatment;

(iv) Employ any combination of the methods authorized in subparagraphs

(i), (ii) and (iii) of this paragraph;

(b) formulate rules and regulations relating to the use of such

apparatus and equipment in the provision of emergency medical services

or ambulance service, fix a schedule of fees or charges to be paid by

persons requesting the use of such facilities, provide for the

collection of such fees and charges, or formulate rules and regulations

for the collection thereof by the individuals, municipal corporations,

associations, or other organizations furnishing service under contract

as provided in subparagraph (ii) of paragraph (a) of this subdivision;

(c) purchase or provide insurance indemnifying against liability for

the negligent operation of such emergency medical service or ambulance

service and the negligent use of other equipment or supplies incidental

to the furnishing of such emergency medical service or ambulance

service;

(d) provide for the administration and coordination of such emergency

medical service or ambulance service including but not limited to

operation of an emergency medical communications system and medical

control; and

(e) establish by local law a district board of ambulance

commissioners, and delegate ministerial functions related to the

operation of the ambulance district to the commissioners. The district

board of ambulance commissioners shall act in an advisory capacity to

the town board with regard to other functions related to the operation

of the district.

The town board may appoint members to the district board of ambulance

commissioners or may provide that the commissioners be elected pursuant

to the procedures in article thirteen of this chapter for the election

of improvement district commissioners. If appointed by the town board,

the town board shall appoint the members to terms so fixed that at least

one will expire at the end of each calendar year. No term shall exceed

three years.

10-g. Watershed protection improvement district. After a watershed

protection improvement district has been established, the town board may

take such action as may be required to adopt plans and specifications

and enter into a contract or contracts, or take such other actions as

may be required, for the protection and restoration of groundwater,

surface waters, and drinking water quality as it may deem to be

necessary or desirable, including but not limited to stormwater

treatment projects and wetland construction.

11. Contracts. All contracts authorized by the provisions of this

article shall be executed by the signatures of a majority of the members

of the town board. Every contract on behalf of an improvement district

shall specify the particular district on behalf of which the town board

shall be acting. No contract shall be awarded for the performance or

supplying of services in a district if the total annual expense of

providing such services shall exceed the maximum amount, if any, stated

in the petition for the establishment or extension of the district, or

in the final order, if the town board is proceeding under article

twelve-A of this chapter, unless such maximum amount shall have been

increased pursuant to section two hundred two-d of this chapter.

12. Sale or lease of property. (a) Except as otherwise provided in

subdivision eight of section two hundred fifteen of this chapter, real

or personal property owned by, but not required for the purposes of, any

improvement district may be sold or leased by the town board, provided,

however, that if the property sold or leased has a value in excess of

one thousand dollars, a public hearing shall be held as herein provided.

Notice of such hearing shall be published at least once in the

official newspaper of the town not less than ten nor more than twenty

days prior to the day specified for the hearing. The notice shall

specify the time when and place where such hearing will be held, and

shall describe the property proposed to be sold or leased and the

proposed terms of the sale or lease. The receipts from the sale or lease

of such property shall be paid to the supervisor of the town and

credited to the district and may be expended for any purpose which would

properly be charged against the entire district.

(b) Notwithstanding any other provision of this chapter, the town

board or the commissioners of a district with the approval of the

majority of the town board may sell all or any part of the property and

facilities of an improvement district to a county, a city, a village, a

town, a public authority, a town on behalf of an improvement district, a

county on behalf of a county district, or a joint water works system

established pursuant to article five-B of the general municipal law,

provided, however, that such sale shall have been approved by a majority

vote of the qualified electors of the district voting thereon. Such

referendum shall be held in the manner prescribed in article six of this

chapter and eligibility to vote shall be determined as prescribed in

section eighty-four of this chapter in the case of districts. In the

event that all or any part of the property and facilities of an

improvement district is purchased by a county, a city, a village, a

town, a town on behalf of an improvement district or a county on behalf

of a county district, the town board may by agreement with the purchaser

provide that payment of the purchase price, in whole or in part, shall

be made by having the principal of and interest on obligations issued to

finance the cost of the property and facilities so sold, assumed by the

purchaser. The town board or the commissioners of a district with the

approval of the majority of the town board may lease for a term not to

exceed forty years all or any part of the property and facilities of an

improvement district to a county, a city, a village, a town, a public

authority, a town on behalf of an improvement district or a county on

behalf of a county district, or a joint water works system established

pursuant to article five-B of the general municipal law, provided,

however, that such lease shall be subject to a permissive referendum

held in the manner prescribed in article seven of this chapter except

that in the case of districts the petition required by section

ninety-one of said article shall be sufficient if signed, and

acknowledged or proved in the same manner as a deed to be recorded, or

authenticated in the manner provided by the election law for the

authentication of nominating petitions, by the owners of taxable real

property situate in the district, as shown upon the latest completed

assessment-roll of the town in which the district is located, in number

equal to at least five per cent of the total number of such owners, or

by one hundred of such owners, whichever is the lesser. For the purposes

of this section, a corporate owner of such taxable real property shall

be considered one owner for the purposes of a petition requesting a

referendum and shall be entitled to one vote to be cast by an officer or

agent of the corporation or other duly authorized person designated by

appropriate resolution of such corporation. The proposition submitted

must be approved by the affirmative vote of a majority of the owners of

taxable real property situate in the district as shown upon the latest

completed assessment-roll of the town, voting on such proposition. The

provisions of this paragraph (b) as to leasing of facilities shall apply

to joint water districts existing by virtue of and governed by the

provisions of section three hundred forty-one, subdivision twelve of

this chapter.

(c) The proceeds of the sale of a part of the property and facilities

of a district or of the lease of all or a part of the property and

facilities of a district shall be deposited in a reserve fund

established for the purpose of retiring outstanding obligations issued

on behalf of the district to finance the cost of the property and

facilities sold or leased and shall be expended only for such purpose,

except as provided below. If the proceeds exceed the sum of all

installments of principal of and interest on such indebtedness due to or

become due, or the payment of principal of and interest on obligations

is assumed as provided in paragraph (b) above, or if, when all such

outstanding obligations shall have been retired, any moneys remain

unexpended in the reserve fund, such excess moneys may be used for any

purpose properly chargeable against the entire district.

(d) If it is proposed that all of the property and facilities of the

district be sold, the proposition submitted to referendum shall provide

as a part thereof, for dissolution of the district as well as for sale

of such property and facilities. If the proposition for sale and

dissolution is approved, the moneys received from such sale must be set

aside in a reserve fund and used to amortize outstanding obligations, as

provided in paragraph (c) of this section. Any excess over and above the

amount necessary to be set aside in a reserve fund and used to retire

indebtedness, as aforesaid, together with any other moneys of the

district, shall be disposed of to the credit of real property within the

district by any equitable method described in the proposition submitted

to referendum.

(e) If no provision for distribution of excess proceeds is made in the

proposition, then such proceeds shall be apportioned on the basis of

assessed valuation among the several parcels of land situated in the

district, as shown on the last completed assessment roll of the town or

county, as the case may be. The amounts so apportioned shall be credited

to each such parcel of real property in reduction of the county and town

taxes on so many successive tax rolls as may be necessary to exhaust

such amounts. If there be any real property in the district which is

wholly exempt from general taxation but which, while exempt from general

taxation paid as an assessment for benefit a proportionate share of the

cost of the improvement, the amount apportioned to such real property

shall be refunded to the owner or owners thereof as shown on the last

completed assessment roll at the time of distribution.

13. Change of name. The town board may adopt a resolution changing the

name of an improvement district. Within ten days after the adoption of

such resolution a certified copy thereof shall be filed in the office of

the town clerk, in the office of the clerk of the county in which the

town is located and in the office of the state department of audit and

control at Albany, New York.