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

New York § 193

• Jurisdiction: New York
• Law TWN: Town
• Art. 12: District and Special Improvements

Text

§ 193. Notice of hearing on petition; cost to typical property;\ndefinitions. 1. a. Whenever a petition shall be presented to the town\nboard pursuant to this article, for the establishment or extension of a\nsewer, wastewater disposal, drainage, water, water quality treatment,\npark, public parking, lighting, snow removal, water supply, sidewalk,\nrefuse and garbage, aquatic growth control district, ambulance district,\nharbor improvement district, public dock district, beach erosion control\ndistrict, watershed protection improvement district, or a fallout\nshelter district, the board shall adopt an order and enter the same in\nthe minutes of its proceedings, reciting in general terms the filing of\nsuch petition, the boundaries of the proposed district, the improvements\nproposed, the maximum amount proposed to be expended for the improvement\nas stated in the petition or the maximum amount to be expended for the\nperformance or supplying of services if a maximum amount is stated in\nthe petition, the estimated cost of hook-up fees, if any, to, and the\ncost of the district or extension to, the typical property and, if\ndifferent, the typical one or two family home, and specifying the time\nwhen and place where said board will meet to consider the petition and\nto hear all persons interested in the subject thereof, concerning the\nsame. The board shall cause a copy of such order, certified by the town\nclerk, to be published at least once in the official paper, the first\npublication thereof to be not less than ten nor more than twenty days\nbefore the day set therein for the hearing as aforesaid, and shall also\ncause a copy thereof to be posted on the signboard of the town\nmaintained pursuant to subdivision six of section thirty of this\nchapter, not less than ten nor more than twenty days before the day\ndesignated for the hearing as aforesaid. In the event that the town\nmaintains a website, such information may also be provided on the\nwebsite. Prior to the publication of a copy of the order, the board\nshall cause to be prepared, and file for public inspection with the town\nclerk, a detailed explanation of how the estimated cost of hook-up fees,\nif any, to, and the cost of the district or extension to, the typical\nproperty and, if different, the typical one or two family home was\ncomputed.\n b. (1) If the permission of the state comptroller is not required\npursuant to section one hundred ninety-four of this article because it\nis proposed or required that the town in which the district or extension\nis located shall finance the cost thereof by the issuance of bonds,\nnotes, certificates or other evidences of indebtedness of the town\ntherefor or debt service as proposed to be assumed pursuant to\nsubdivision twelve of section one hundred ninety-eight of this article\nbut the cost to the typical property or, if different, the cost to the\ntypical one or two family home is not above the average cost threshold\ndescribed in that section, a certified copy of the order of the town\nboard adopted pursuant to this section shall also be filed with the\nstate comptroller on or about the date of the publication of a copy of\nsuch order.\n (2) Notwithstanding the provisions of subparagraph one of this\nparagraph, the state comptroller shall not be precluded from requiring\nthe submission of additional information or data in such form and detail\nas the state comptroller shall deem sufficient or from causing an\ninvestigation to be made with respect to the establishment or extension\nof a district or an increase in the maximum amount to be expended.\n 2. For purposes of this article the following definition shall apply:\n a. the term "typical property" shall mean a benefited property having\nan assessed value that approximates the assessed value of the mode of\nthe benefited properties situated in the district or extension that will\nbe required to finance the cost of the proposed improvements;\n b. the term "typical one or two family home" shall mean a benefited\nproperty improved by a one or two family dwelling and having an assessed\nvalue that approximates the assessed value of the mode of the benefited\nproperties improved by one or two family dwellings situated in the\ndistrict or extension that will be required to finance the cost of the\nproposed improvements:\n c. the terms "cost of the district or extension to the typical\nproperty" and "cost of the district or extension to the typical one or\ntwo family home" shall mean the amount that it is estimated that the\nowner of such a typical property or home within the district or\nextension will be required to pay for debt service, operation and\nmaintenance and other charges, such as user charges, related to the\nimprovements in the first year following formation of the district or\nextension or, if greater, in the first year in which both principal and\ninterest on any indebtedness and operation and maintenance costs will be\npaid.\n d. the term "mode" shall mean, in connection with assessed value of\nproperty, the most frequently occurring assessed value as shown on the\nlatest completed final assessment roll.\n