N.Y. Town Law § 209-d: Notice of hearing; cost to typical property

§ 209-d. Notice of hearing; cost to typical property. 1. Subsequent to

the date of the filing of the map, plans and report in the office of the

town clerk as required in section two hundred nine-c of this article the

town board may adopt an order and enter the same in the minutes of its

proceedings reciting a description of the boundaries of the proposed

district or extension in a manner sufficient to identify the lands

included therein as in a deed of conveyance, the improvements proposed,

the maximum amount proposed to be expended for the improvement, 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, the proposed method of financing to be employed, the

fact that a map, plan and report describing the same are on file in the

town clerk's office for public inspection and specifying the time when

and the place where said board will meet and hold a public hearing to

hear all persons interested in the subject thereof, concerning the same.

If such order proposes only the performance or supplying of certain

services, it may state the maximum amount to be expended annually for

such services. The board shall cause a copy of such order 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 sign-board 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. Such order may further state such place other than the town

clerk's office where the map, plan and report may be examined in advance

of the hearing, if the town board determines that, in the public

interest, some other additional place is necessary or desirable. If a

water district, sidewalk district, a public parking district, a refuse

and garbage district, aquatic growth control district, watershed

protection improvement district or beach erosion control district is

proposed, such order may contain a statement that the cost of

constructing the water system, sidewalks or acquiring lands for public

parking or for refuse and garbage purposes, or aquatic growth control

purposes or for beach erosion control or for watershed protection

improvement purposes shall be assessed by the town board in proportion

as nearly as may be to the benefit which each lot or parcel will derive

therefrom. Prior to the publication 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.

2. (a) If the permission of the state comptroller is not required

pursuant to section two hundred nine-f 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 is proposed to be assumed pursuant to subdivision twelve of

section one hundred ninety-eight of this chapter 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 such

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.

(b) Notwithstanding the provisions of paragraph (a) of this

subdivision, 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.