N.Y. Town Law § 209-f: Application for permission of state comptroller to establish or extend district

§ 209-f. Application for permission of state comptroller to establish

or extend district. 1. Unless it is proposed or required that the town

in which such district or extension is located shall finance the cost

thereof by the issuance of the bonds, notes, certificates or other

evidences of indebtedness of the town therefor, or shall assume the debt

service on obligations issued to finance the cost of facilities,

pursuant to subdivision twelve of section one hundred ninety-eight of

this chapter, and, if the state comptroller shall have computed average

estimated costs for similar types of districts, the cost of the district

or extension to the typical property or, if different, the cost of the

district or extension to the typical one or two family home as stated in

the notice of hearing is above the average estimated cost to the typical

properties or homes for the establishment or extension of similar types

of districts as may be annually computed by the state comptroller, the

permission of the state comptroller shall not be required for the

establishment or extension of a district and the construction of an

improvement or the providing of a service therein, including an increase

in the maximum amount proposed to be expended for the improvement in a

district, except as otherwise provided by section two hundred two-b of

this chapter. The state comptroller annually shall provide to towns

notice of the average cost thresholds as may be computed in accordance

with this section.

2. Where the permission of the state comptroller is not required

pursuant to this section and if the certificate of the town clerk

required to be filed pursuant to subdivision four of section two hundred

nine-e of this article establishes that no petition was filed requesting

a referendum or that such petition was filed and the result of the vote

on the proposition submitted at the referendum held pursuant thereto was

in the affirmative, the town board shall adopt a final order

establishing or extending the district.

3. (a) Except as otherwise provided in subdivision one of this

section, within ten days after the adoption of a resolution by a town

board approving the establishment or extension of a district and the

construction of an improvement or the providing of a service therein,

the town clerk of the town shall file a certified copy of such

resolution, in duplicate, in the office of the state department of audit

and control at Albany, New York, together with an application, in

duplicate, for permission to create or extend such district as the case

may be. Such application shall be executed and verified by the

supervisor, or such other officer of the town as the town board shall

determine, and shall include the following:

(1) A certified copy of the notice of public hearing, with proof of

publishing and posting thereof as required by this article, and, in the

instance of a sewer, wastewater disposal, drainage or water district, of

the map, plan and report filed in the town clerk's office pursuant to

section two hundred nine-c;

(2) An itemized statement of the then outstanding indebtedness of the

town for all purposes, as evidenced by bonds, bond anticipation notes,

capital notes, deferred payment notes and budget notes; the amount of

budgetary appropriations for the payment of any such outstanding

indebtedness, whether or not such appropriations have been realized as

cash; the amount of indebtedness proposed to be contracted for the

improvement, and the amounts, purposes and probable dates of issuance of

any bonds, bond anticipation notes, capital notes, deferred payment

notes and budget notes which the town has authorized to be issued but

which in fact have not been issued on the date of such application;

(3) A statement of the aggregate assessed valuation of the real

property situated in the proposed district or extension thereof, as such

assessed valuations are shown on the last completed assessment roll of

the town prior to the date of such application;

(4) A statement of the average full valuation of the taxable real

property of the town. Such average full valuation shall be determined in

accordance with the provisions of the first paragraph of subdivision

seven-a of section 2.00 of the local finance law;

(5) A statement as to the manner in which it is proposed to finance

the cost of the improvement.

(b) Whenever such an application shall be filed in the office of the

department of audit and control, the state comptroller shall within five

days thereafter give notice thereof to the board of supervisors of the

county in which such proposed district or extension is located by filing

with the clerk of such board of supervisors one copy of such

application. At any time within fifteen days of the filing of the

application, the board of supervisors may file an objection, in writing,

in the office of the department of audit and control.

(c) Thereafter and subsequent to the filing in the office of the

county clerk and the department of audit and control of the certificate

required to be filed by the town clerk pursuant to subdivision four of

section two hundred nine-e of this article, the state comptroller shall

determine whether the public interest will be served by the

establishment or extension of the district and also whether the cost

thereof will be an undue burden upon the property of the proposed

district or extension. The state comptroller may make such

determinations upon the original or any amended application, or in his

discretion may require the submission of additional information or data

in such form and detail as he shall deem sufficient, or may cause an

investigation to be made, to aid him in making the determinations above

mentioned.

4. Upon the expiration of fifteen days from the date of the filing of

such application with the clerk of the board of supervisors, the

comptroller shall make an order, in duplicate, granting or denying

permission for the establishment or extension of the district and shall

file one copy of such order in the office of the state department of

audit and control at Albany, New York, and the other in the office of

the town clerk of the town in which the proposed district or extension

is located. The town clerk shall present such order to the town board of

the town at the next meeting thereof. If the certificate required to be

filed by the town clerk pursuant to the provisions of subdivision four

of section two hundred nine-e of this article states that the

proposition submitted at such referendum was disapproved, the

comptroller shall return the application to the town clerk without

taking any action thereon.

5. If the state comptroller shall deny permission for the

establishment or extension of the district, the town board shall

forthwith adopt an order terminating its proceedings in connection with

the proposed establishment or extension of such district. If the state

comptroller shall grant permission therefor, the town board shall adopt

a final order establishing the district or extension as the boundaries

shall be finally determined.