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

New York § 198

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

Text

§ 198. Powers of town boards with respect to improvement districts.\nThe town board of every town, except as otherwise provided by law, shall\nhave authority to and may exercise the following powers with respect to\nimprovement districts, heretofore or hereafter established, subject to\nthe provisions of this article:\n 1. Sewer districts. After a sewer district shall have been\nestablished, the town board may: (a) lay out, open, design, construct,\nalter and maintain sanitary sewers, sewage disposal plants or any\nnecessary work appurtenant thereto, for the benefit of any sewer\ndistrict in said town, provided, however, that any such improvement\nshall be consistent with, so far as possible, any comprehensive plan for\nsewers developed and maintained pursuant to section ninety-nine-f of the\ngeneral municipal law;\n (b) contract with any person or corporation, municipal or otherwise,\nfor supplying the inhabitants of such district with sanitary sewer\nfacilities;\n (c) contract for the purchase from any person or corporation,\nmunicipal or otherwise, of any trunk sewer, lateral sewer, sewer system\nor disposal plant, rights of way and appurtenances, for the purpose of\nsupplying the inhabitants of any such district with sanitary sewer\nfacilities, provided that prior to the purchase of a lateral sewer a\npetition for such purpose stating the maximum amount to be expended\ntherefor shall be filed with the town clerk, signed by the owners of\ntaxable real property fronting or abutting upon either side of any\nstreet or highway, or part of a street or highway, in said district\nwherein said lateral is constructed to the extent of at least one-half\nof the entire frontage on both sides of said street or highway, or part\naforesaid, as shown upon the latest completed assessment roll of said\ntown, and the procedure thereon and for the financing of such purchase\nand the levy of assessments therefor shall be the same as provided in\nthis chapter for the construction of a lateral sewer in a sewer\ndistrict;\n (d) regulate the construction of all private sewers and prescribe the\nmanner in which sewer connections shall be made, provided, however, that\nsuch construction shall be consistent with, so far as possible, any\ncomprehensive plan for sewers developed and maintained pursuant to\nsection ninety-nine-f of the general municipal law;\n (e) cause sewer pipes to be laid, relaid or repaired in or below the\nsurface of any public highway, road, street or avenue in a county in\nwhich such town is located or in an adjoining county, as a necessary use\nof the highway and for highway purposes, without obtaining any easement\ntherefor from the owner of the fee of the land in said public highway,\nroad, street or avenue. The town board shall cause such highway, road,\nstreet or avenue to be restored to its usual condition at the expense of\nthe district benefited. No sewer pipes shall be laid under any highway,\nroad, street or avenue in another town or any city or incorporated\nvillage without the consent of the governing board of such town, city or\nvillage, and if such highway be a state or county highway or a highway\nconstructed pursuant to section one hundred ninety-four or one hundred\nninety-five or article six of the highway law, in addition to such\nconsents, the consent of the commissioner of transportation;\n (f) enter into a contract or contracts with another sewer district or\nwith any incorporated city or village or with one or more corporations\nor individuals for the joint disposal of sewage, and the expense of such\njoint disposal of sewage shall be apportioned between the contracting\nparties in proportion to the areas served, volumes of sewage disposed of\nor the benefits received by each contracting party;\n (g) adopt, from time to time, ordinances, rules and regulations for\nthe operation of the sewer district and the use of the sewer system\ntherein, and enforce compliance with such ordinances, rules and\nregulations as provided in section one hundred thirty-five of this\nchapter;\n (h) establish, from time to time, charges, fees or rates to be paid by\nthe owners of real property within such district for the connection of\nhouse service lines or mains with such sewer system. Such connection\ncharge may include any expense incurred for the purpose of providing\nservice, whether such expense be incurred for construction within the\nproperty line or within the street lines. In addition, such connection\ncharge may include a fee for the inspection of such connection, the\nexpense of performing service in relation thereto or for any other\nspecial benefit received;\n (i) establish, from time to time, charges, fees or rates for the use\nof such sewer system, to be designated "sewer rents". Such rents may be\nbased upon the metered consumption of water on premises connected with\nthe sewer system, making proper allowance for commercial use of water,\nthe number and kind of plumbing fixtures connected with the sewer\nsystem, the number of persons served by the sewer system, or upon any\nother equitable basis, as the town board may determine. The provisions\nof this paragraph shall apply only to those sewer districts in which\nsewer rents have been established and are being imposed on May first,\nnineteen hundred fifty-one, pursuant to the provisions of this\nparagraph. The provisions of this paragraph shall not prevent a town\nfrom acting pursuant to the provisions of paragraph (l) of this\nsubdivision;\n (j) establish, from time to time, charges, fees or rates for services\nrendered or work performed for the particular or special benefit of any\nindividual parcel or portion of real property within such sewer\ndistrict;\n (k) provide by ordinance, rule or regulation for the time within which\nrates, charges, fees or sewer rents may be paid, and may provide a\npenalty not exceeding ten per centum of the amount due when such rates,\ncharges, fees or sewer rents are in arrears for thirty days or longer,\nand may provide for the payment of such charges, fees, rates or sewer\nrents in advance. The town clerk shall annually file with the town board\nstatements showing the unpaid rates, charges, fees or sewer rents in\nsuch districts. Such statements shall contain a brief description of the\nproperty against which such sewer rents were imposed, the names of the\npersons or corporations liable to pay for the same and the amount\nchargeable to each. The supervisor shall transmit such statement to the\nboard of supervisors which shall levy such sums against the property\nliable and shall state the amount of the tax in a separate column in the\nannual tax rolls of such town under the name of "sewer charges". Such\ntax shall be paid to the supervisor of such town. All of the provisions\nof the existing tax laws of the state of New York covering the\nenforcement and collection of unpaid town taxes or assessments for\nspecial improvements in the several towns of the state of New York not\ninconsistent herewith shall apply to the collection of such unpaid sewer\ncharges. All fees, charges, rates and sewer rents may be used for the\npayment of the cost of the management, maintenance, operation and repair\nof the sewerage system including treatment and disposal works, or for\nthe enlargement or replacement of the same. The term "sewer rents", as\nused in this paragraph, has reference only to sewer rents established\npursuant to paragraph (i) of this subdivision;\n (l) notwithstanding any other provisions of law, establish and impose\nsewer rents pursuant to the provision of article fourteen-f of the\ngeneral municipal law as a source of revenue, other than assessments\nupon benefited real property, for financing district expenditures. Such\nsewer rents may be expended as provided in article fourteen-f of the\ngeneral municipal law and, to the extent that such sewer rents provide a\nsource of revenue for such expenditures, assessments shall not be levied\nupon property especially benefited by the sewer system or the part or\nparts thereof for which such rents are established and imposed. This\nparagraph does not affect any provisions of law relating to the\nauthorization or construction of any improvement in a sewer district.\n 1-a. Sewage disposal districts. The town board shall have and exercise\nall of the powers with respect to a sewage disposal district which are\nprovided in subdivision one in the case of sewer districts, in so far as\nthe same are consonant with the purposes of the sewage disposal\ndistrict, as described in section one hundred ninety-b, provided,\nhowever, that the charges for trunk sewer, sewage treatment and sewage\ndisposal service shall be sufficient to pay all estimated annual costs\nof operation and maintenance and all annual installments of principal\nof, and interest on, obligations issued on behalf of the sewage disposal\ndistrict. In the event that such revenues in any year are insufficient,\nthe excess of cost over revenues may be assessed against the real\nproperty of the district as hereinafter provided.\n 1-b. Wastewater disposal districts. (a) The town board shall have and\nexercise all of the powers with respect to a wastewater disposal\ndistrict which are provided in subdivision one in the case of sewer\ndistricts, in so far as the same are consonant with the purposes of the\nwastewater disposal district, as described in section one hundred\nninety-e of this article, provided, however, that the charges for all\nwastewater disposal district services shall be sufficient to pay all\nestimated annual costs of operation and maintenance and all annual\ninstallments of principal of, and interest on, obligations issued on\nbehalf of the wastewater disposal district. In the event that such\nrevenues in any year are insufficient, the excess of costs over revenues\nmay be assessed against the real property of the district as hereinafter\nprovided.\n (b) The town board shall also have power to institute an industrial or\ncommercial cost recovery system for payment to the United States by the\ncommercial users of the private on-site wastewater disposal system of\nthat portion of the cost of construction of such system which is\napplicable to the treatment of commercial wastes to the extent\nattributable to the federal share of the cost of construction.\n (c) The town board shall also have the power to submit, on behalf of\nindividual property owners who have requested such assistance in\nwriting, an application for federal assistance and state assistance\ntowards the eligible cost of construction of private on-site wastewater\ndisposal systems.\n (d) Upon approval of an application for federal assistance towards the\neligible cost of construction of private on-site wastewater disposal\nsystems the town board may enter into a contract with the federal\ngovernment for payment of such assistance.\n 2. Drainage districts. After a drainage district shall have been\nestablished, the town board may lay out, open, design, construct,\nmaintain and alter drains, storm water sewers, pumping stations or\nnecessary works appurtenant thereto, and improve any water course for\nthe benefit of any drainage district in such town; contract with any\nperson or corporation, municipal or otherwise, for supplying the\ninhabitants of such drainage district with storm sewerage facilities;\ncontract for the purchase from any person or corporation, municipal or\notherwise, of any trunk sewer, sewer system, pumping station, rights of\nway and appurtenances, for any such purpose or purposes; and may\nregulate the construction of all private drains and storm sewers and\nprescribe the manner in which storm sewer connections shall be made. The\ntown board may lay and construct storm water sewers and necessary\nincidental appurtenances thereto in and below the surface of any public\nhighway, road, street or avenue of such town within a drainage district\nas a necessary use of the highway and for highway purposes under the\nsupervision of the town superintendent of highways without obtaining any\neasement therefor from the owner of the fee of the land in such public\nhighway, road, street or avenue in the drainage district.\n 3. Water districts. (a) Construction of system. After a water district\nshall have been established, the town board may construct, maintain,\nextend, repair and regulate water works, wells, reservoirs, or basins\nfor the purpose of supplying the inhabitants of any water district in\nsuch town, with pure and wholesome water for domestic and commercial\nuses, and for protection against fire; provided, however, that any such\nimprovement shall be consistent with, so far as possible, any\ncomprehensive plan for public water supply systems developed and\nmaintained pursuant to section ninety-nine-f of the general municipal\nlaw. The town board may cause water pipes and necessary appurtenances\nthereto to be laid, relaid or repaired in or under the surface of any\nhighway in a county in which such town is located or in an adjoining\ncounty, for the purpose of transporting water to a water district in\nsaid town, and shall cause such highway to be restored to its usual\ncondition at the expense of the district benefited, or may cause water\npipes and necessary appurtenances thereto to be constructed along an\neasement acquired for such purpose, pursuant to law. No water pipes\nshall be laid under any highway, road, street, or avenue in any city or\nincorporated village without the consent of the governing board of such\ncity or village, and if such highway be a state or county highway, or a\nhighway constructed pursuant to section one hundred ninety-four or one\nhundred ninety-five or article six of the highway law, in addition to\nsuch consents, the consent of the state superintendent of public works.\nThe town board may also acquire by purchase any existing water system,\nor a portion or portions thereof, in the county in which such town is\nlocated, and/or in an adjoining county, for the purpose of supplying the\ninhabitants of a water district in such town, but the cost of\nacquisition thereof shall not exceed the maximum amount stated in the\npetition or in the final order, if the town board proceeded under\narticle twelve-A of this chapter. For the purpose of promoting the\nhealth, safety, morals or general welfare of the community, including\nthe protection and preservation of the property of the town and of its\ninhabitants and for the maintenance of peace and good order and for the\nbenefit of trade, or for any of such purposes, the town board may lay,\nconstruct and maintain mains and conduits, subject to the supervision of\nthe town superintendent of highways, in, on, along or under the surface\nof any highway, road, street or avenue within the water district, as a\nnecessary use thereof for highway purposes and without obtaining any\neasement therefor from the owner of the fee of the land in such\nhighways, roads, streets or avenues, and the town board may erect and\nplace hydrants, valves, valve boxes, pipes and necessary appurtenances\nthereto, in, on, along or under the surface of such highways, roads,\nstreets and avenues, or any of them, or in or along any easements\nacquired for such purpose as provided in this subdivision. The town\nboard may also exercise similar powers in, on, along or under the\nsurface of any private highways, roads, streets or avenues within the\nwater district, as a necessary use thereof for the purpose of promoting\nthe public welfare, provided that there be dwelling houses erected and\nused for residential purposes on the lands abutting on such private\nhighway, road, street or avenue. The owners of the land in such private\nhighways, roads, streets or avenues may be compensated for the use\nthereof in damages which shall be assessed and determined as provided in\narticle eight of the highway law upon the opening of a new highway where\neasements have not been granted. If the town board shall cause or permit\nany excavation to be made in any highway, road, street or avenue for the\nperformance of work pursuant to the provisions of this article, the town\nboard shall cause such highway, road, street or avenue to be restored to\nits usual condition at the expense of the district benefited. Supply\npipes connecting with district mains shall be installed and repaired at\nthe property owner's expense under the direction of an employee of the\ntown or the district after a permit therefor has been granted, except\nthat the town board may, by resolution, provide that that portion of a\nsupply pipe within the bounds of a public highway shall be installed,\nmaintained and repaired by the water district. The costs of\ninstallation, maintenance and repair shall be district charges to be\nassessed, levied and collected as provided in sections two hundred two\nand two hundred two-a of this chapter. The town board may also fix a\nuniform service charge for the installation of such portion of a supply\npipe, regardless of the location of the water main and regardless of the\nsoil, rock or other physical conditions within the highway, and provide\nfor the time and manner of payment of such charge by the property owner\nserved by the supply pipe. If a property owner shall fail to pay the\nuniform service charge, a statement showing the name of the property\nowner and the amount unpaid and containing a brief description of the\nreal property shall be transmitted to the board of supervisors of the\ncounty and such amount shall be levied and collected as an assessment\nagainst the real property, all in the manner provided in paragraph (d)\nof this subdivision in the case of unpaid water rents. Such service\ncharges, when collected, may be used for any water district purpose,\nexcept as otherwise provided by law. Any member of the town board or the\nboard of district commissioners, if there be one, or a duly authorized\nagent of either, may at any time enter a building or upon premises where\nwater is used from supply pipes connected to a district system, for the\npurpose of examining such pipes and the manner of installation thereof.\n (b) Purchase and sale of water. The town board may contract with any\nperson or corporation, municipal or otherwise, or with a town or county\non behalf of a water district, for a supply of water, for a term not to\nexceed forty years, and shall have the power and authority to resell\nsaid water to the inhabitants and consumers in said water district and\nmay use such portion thereof within the district as it may see fit and\nproper for public purposes and provide for the payment as a town charge\nof that portion of the cost of said water used by the town. The town\nboard may also sell water for the benefit of such water district to\nmunicipalities, water districts, water supply districts and fire\ndistricts, and for fire purposes to fire protection districts, fire\nalarm districts and for "unprotected areas" pursuant to section one\nhundred eighty-four-a of this chapter, but the town board shall not\nsupply water of such water district to that portion of any fire\ndistrict, fire protection district, fire alarm district or any such\n"unprotected area" which shall be included within the boundaries of\nanother water district. The town board, in its discretion, may permit\nthe use of water from hydrants of a water district for fire purposes\nwithout charge in all or any part of the area of a fire district, fire\nprotection district, fire alarm district, or "unprotected area", which\nis wholly or partly included within the area of such water district. The\ntown board may permit any person or corporation owning real estate\noutside of the water district to use water from a district system for a\nrental, subject to the restrictions to be prescribed by said board,\nprovided, however, that no such use shall be permitted outside of the\ntown in which such district is located if such territory is served by\nanother water district, a water supply company, city, village or joint\nwater works system unless the approval of the water power and control\ncommission is first obtained. The town board shall not sell nor permit\nthe use of water under this section outside of the district if such use\nwill reduce the supply of water so that it will not be sufficient for\nthe district affected or its inhabitants.\n (c) Ordinances, rules and regulations. The town board shall have the\npower to adopt, from time to time, ordinances, rules and regulations for\nthe operation of the water district and the use of water therein, and in\naddition to the remedies provided in section one hundred thirty-five for\nthe enforcement thereof or for the punishment of violators, the town\nboard may enforce compliance with such ordinances, rules and regulations\nby cutting off the supply of water.\n (d) Water rates. The town board shall establish, from time to time,\nthe water rates to be paid by consumers and may provide for the payment\nof said water charges in advance. The board may provide that a discount\nshall be allowed for the prompt payment of water rates within the time\nrequired by the board for the payment thereof. Such water charges shall\nbe a lien upon the real property upon which or in connection with which\nthe water was used. The town board may provide by ordinance or\nresolution that unpaid water charges in arrears for thirty days or\nlonger shall be subject to a penalty not exceeding ten per centum of the\namount due, and may further provide for cutting off the supply of water\nif such water charges are not paid within sixty days from the date due.\nAt the same time as the filing of the estimates specified in section one\nhundred four of this chapter, or in case the town board shall elect by\nresolution a subsequent date, which in no event shall be later than\nNovember first in any year, the town clerk shall annually file with the\ntown board, and with the supervisors of adjoining towns in which permits\nhave been issued to property owners, statements showing the unpaid water\ncharges in the respective districts and towns and which have not\nappeared on any such statements previously filed. Such statements shall\ncontain a brief description of the property upon which the water was\nused, the names of the persons or corporations liable to pay for the\nsame and the amount chargeable to each. The supervisor of the town in\nwhich the districts are located and the supervisors of adjoining towns\nin which permits have been issued shall transmit such statements to the\nboard of supervisors of the county at its next regular meeting. The\nboard of supervisors shall levy such sums against the property liable\nand shall state the amount of the tax in a separate column in the annual\ntax rolls of the various towns under the name of "Water Rents." Such tax\nshall be paid to the supervisors of the respective towns. The\nsupervisors of adjoining towns shall pay the same out of the first money\ncollected which is available for town purposes to the supervisor of the\ntown in which the water districts are located. All of the provisions of\nthe existing tax laws of the state of New York covering the enforcement\nand collection of unpaid town taxes or assessments for special\nimprovements in the several towns of the state of New York not\ninconsistent herewith shall apply to the collection of such unpaid water\nrents. Such water rates when collected, shall be applied toward the\nmaintenance, operation, enlargement and improvement of the water system\nand for the payment of the principal and interest of bonds issued for\nthe purposes of such district.\n 3-a. (a) Water quality treatment districts. After a water quality\ntreatment district has been established, the town board may take such\naction as may be necessary or desirable to adopt plans and\nspecifications and enter into a contract or contracts, request, receive\nand administer grants and other sums of money necessary or proper for\nthe purposes of the district, or take such other action as may be\nnecessary or desirable for water quality treatment, including but not\nlimited to the procurement, by purchase, lease or other means, of a\nwater quality treatment unit or device, installation, monitoring,\ntesting, modifying, operation and maintenance, and the imposition of\ncharges for the expense thereof when such expense is not paid for by a\nprivate source, grant or by any other means.\n (b) An agreement between the town board and an owner of a benefited\nparcel of property shall be entered into before the procurement,\ninstallation and maintenance of a water quality treatment unit or\ndevice. An agreement between such parties shall also be required for the\nmodification and/or maintenance of a water quality treatment unit or\ndevice which is in place at the time when the property becomes a part of\nthe district, however, the modification and/or unit or device must first\nbe approved by the state department of health. Such agreements may be\namended from time to time by mutual consent of the town board and the\nowner of a benefited parcel of property. The agreement shall set forth\nthe amount to be paid by the owner attributable to the expense of\nprocurement, installation, and modification, as the case may be, of the\nwater quality treatment unit or device, and shall contain a statement\nthat the ownership of the treatment units or devices purchased by the\ndistrict shall remain the property of the district and that charges for\nmonitoring, testing, operation and maintenance shall be determined\nannually as provided in section two hundred two-a of this chapter. All\nof the expenses for the procurement and installation or modification may\nbe paid at the time an agreement is entered into. The town board may, by\nresolution, authorize payment of the expenses of procurement,\ninstallation or modification of the water quality treatment unit or\ndevice over a period of time in annual installments. Such resolutions\nshall set forth whether the annual installments shall be due and payable\nat the same time as town and county taxes are due or at another time.\nThe option of paying such expenses in annual installments, if provided\nby town board resolution, shall be available to each property owner in\nthe district. If such annual installments shall be due at the same time\nas town and county taxes, the supervisor shall transmit the amount of\nthe annual installments to the tax levying body for the levy and\ncollection and enforcement of the same in the manner and at the same\ntime as town and county taxes are levied, collected and enforced.\n (c) Where the annual installments are to be paid at any other time,\nthe resolution shall set forth the time and manner of payment and\ncollection. Such resolution may be amended from time to time. If any\nportion or an installment for the procurement, installation and\nmodification of such unit or device is not paid within thirty days of\nwhen it is due, the town board shall notify the owner of the property\nthat unless such amount is paid within ten days from the date of the\nnotice, such unit or device may be removed at the expense of the\nproperty owner. If the owner fails to pay such amount by such date, the\ntown board may cause such unit or device to be removed. After such\nremoval, the town board shall send the owner a statement of the amount\ndue, together with the amount of expense attributable to removal of such\nunit or device, and the total amount thereof shall be a lien upon such\nreal property and collection thereof shall be enforced at the same time\nand in the manner as the collection of town and county taxes are\nenforced with interest as provided herein. If the unit or device is not\nso removed, the collection of the amount set forth in the first notice\nof delinquency shall be enforced at the same time and in the manner as\nthe collection of town and county taxes are enforced. The total amount\nset forth in such first notice, together with interest thereon shall be\na lien upon such real property until it is paid. Interest shall be\ncharged at the rate of one percent per month or fraction thereof,\nsubsequent to the expiration of the ten days notice, until paid or the\ndate of tax sale, whichever is sooner. On or before the first day of\nJuly in each year, the supervisor shall prepare and transmit to the tax\nenforcement officer or body, a list of those properties and property\nowners who are in arrears and the amount chargeable to each with\ninterest thereon, as provided herein. All of the provisions of the\nexisting tax laws of the state of New York covering the enforcement and\ncollection of unpaid town taxes or assessments for special improvements\nin the several towns of the state of New York not inconsistent herewith\nshall apply to the collection of such unpaid charges. Such amounts, when\ncollected, shall be credited to the applicable water quality treatment\ndistrict fund and shall be used only for such district purposes.\n (d) The agreement shall also contain a grant by the owner to the water\nquality treatment district, its agents, employees and representatives\nauthorized to act on its behalf, a right of entry and access to the\nproperty, while such property is within such district, for the purpose\nof installation, modification, replacement, repair, monitoring, testing,\noperation and maintenance, regeneration and removal of the water quality\ntreatment unit or device. Thereafter employees, agents and authorized\nrepresentatives of the district shall have a right of entry and access\nto such property for the purposes specified herein, upon reasonable\nnotice at reasonable times. If a lessee or occupant of said property\nrefuses to allow such entry and access, the town board may apply to a\ncourt of competent jurisdiction to enforce its right of entry and\naccess. If entry and access was refused by the owner of the property,\nthe town board may in its discretion remove the water quality treatment\nunit or device at the expense of the owner, unless such unit or device\nwas acquired and owned by the property owner and exclude the property\nfrom the district. Such expense together with any other charges accrued\nprior to such removal shall be collected in the manner provided in\nparagraph (c) of subdivision three-a of section one hundred ninety-eight\nof this chapter.\n 4. Park districts. After a park district shall have been established,\nthe town board shall proceed to acquire by purchase or condemnation of\nthe property described in the petition or in the final order, if the\ntown board proceeded under article twelve-A of this chapter, for the\nestablishment of such park district, and, thereafter the board may erect\nor cause to be erected thereon non-commercial buildings and structures\nand it may purchase necessary equipment and otherwise improve such\nproperty for park purposes, as the board may determine. In existing park\ndistricts, the town board may acquire by purchase, condemnation or\nlease, property for public parking places and maintain the same in\naccordance with the provisions of subdivision five hereof, without the\nestablishment of a public parking district. No property situated within\nan incorporated village or city shall be acquired in any manner for park\npurposes, unless the permission and consent of the board of trustees of\nsuch village or the common council or legislative body of such city, is\nfirst obtained; provided that such permission and consent, if obtained\nsubsequent to the acquisition of any such property, shall be effective\nfor all purposes and to the same extent as though obtained prior to such\nacquisition. The town board may sell, convey and transfer any property\nacquired for park purposes at such an amount as it may determine but not\nless than the original cost thereof, and apply the proceeds of such\nsale, conveyance or transfer to the purchase of other property for park\npurposes and improve such property in the manner provided herein. The\ntown board of the town of Oyster Bay may also convey and transfer to the\nstate of New York or to any municipal or district corporation as defined\nby section three of the general corporation law, any property acquired\nfor park purposes, or any part thereof, when no longer needed, either\nwithout consideration or for such consideration and upon such terms and\nconditions as the town board may determine and the resolution\nauthorizing such conveyance or transfer shall be subject to a permissive\nreferendum. The town board of the town of Hempstead may lease to the\nboard of cooperative educational services, as defined by article forty\nof the education law, any property acquired for park purposes, or any\npart thereof, when no longer needed, either without consideration or for\nsuch consideration and upon such terms and conditions as the town board\nmay determine. The town board may employ such persons and expend such\namount of money as may be necessary for the proper maintenance of such\npark for the use, convenience and enjoyment of the inhabitants of such\npark district, and, may in its discretion, grant licenses and privileges\nfor any use of such park and park property which contributes thereto.\nThe town board may fix a reasonable charge for the use of such park by\nall persons other than inhabitants and taxpayers of such park district,\nand, in addition, the board may adopt general rules and regulations for\nthe government and protection of the park and all property therein, and,\nfor the enforcement thereof, provide that the violator of any rule or\nregulation relating to the park or property therein shall be guilty of a\nmisdemeanor and shall, on conviction, in the county of Nassau before a\njudge of the district court, and elsewhere before a justice of the\npeace, be punished by a fine not exceeding fifty dollars, or, in default\nof payment of such fine, by imprisonment not exceeding thirty days.\n 5. Public parking districts. After a public parking district shall\nhave been established, the town board shall proceed to acquire by\npurchase, condemnation or lease the property described in the petition\nor in the final order, if the town board proceeded under article\ntwelve-A of this chapter for the establishment of such public parking\ndistrict, and, thereafter the board may purchase necessary equipment and\notherwise improve such property for parking vehicles, as the board may\ndetermine. The town board may sell, convey, lease and transfer any\nproperty acquired for public parking purposes at such an amount as it\nmay determine but not less than the original cost thereof, and apply the\nproceeds of such sale, conveyance, lease or transfer to the purchase of\nother property for public parking and improve such property in the\nmanner provided herein. The town board may employ such persons and\nexpend such amounts of money as may be necessary for the proper\nmaintenance of such public parking places. The town board may fix\nreasonable charges for the use of such public parking places, and for\nthe purpose of collecting such charges may acquire, install and maintain\nparking meters. The board may adopt general rules and regulations for\nthe government of such public parking places, and, for the enforcement\nthereof, provide that the violator of any rule or regulation relating to\nthe public parking place shall be guilty of a misdemeanor. Where parking\nmeters are placed upon highways located outside of villages but within\nthe public parking district at the expense of the town, the town board\nmay transfer such parking meters to the parking district upon payment to\nthe town of the present market value of such meters, in which event the\nfees from such parking meters shall belong to the parking district and\nthe cost of operation and maintenance thereafter be borne by such public\nparking district. The rules and regulations for the government of\nparking meters owned by a public parking district which are located on\nhighways within the district may be adopted only pursuant to the\nprovisions of the vehicle and traffic law.\n 6. Lighting districts. After a lighting district shall have been\nestablished, the town board may contract for a term not exceeding ten\nyears for the illumination of the streets or highways in said district,\nor such portion thereof as such board may determine. Whenever said\ndistrict shall have been established and the town board shall have\ndetermined to light only a portion of the streets and highways in said\ndistrict and shall have awarded a contract accordingly, the lighting of\nadditional streets and highways in said district may be contracted for\nas said town board, in its discretion, may, from time to time, determine\nadvisable. If the town board shall deem it advisable or if the petition\nshall require the town board so to do, said town board may purchase\nlighting standards at the expense of said district and may enter into a\ncontract for the installation and maintenance thereof and for supplying\nelectricity or gas therefor.\n Whenever a petition requesting the installation of street lighting\nequipment along a street or highway or portion thereof in any lighting\ndistrict, signed by the owners of real estate fronting or abutting upon\neither side of said street, highway or portion thereof to the extent of\nat least one-half of the entire frontage or bounds on both sides\nthereof, and acknowledged or proved in the same manner as a deed to be\nrecorded, or authenticated in the manner provided by the election law\nfor the authentication of nominating petitions, is filed with the town\nclerk, the town board shall adopt an order reciting in general terms the\nfiling of such petition and its contents and specifying the time and\nplace, when and where said board will meet to consider said petition and\nto hear all persons interested in the subject matter thereof. A copy of\nsuch order, certified by the town clerk, shall be published at least\nonce in the official paper, the first publication thereof to be not less\nthan ten nor more than twenty days before the date set therein for the\nhearing, and shall also be posted on the sign-board of the town\nmaintained pursuant to subdivision six of section thirty of this\nchapter. After such hearing and upon evidence given therein, the town\nboard shall determine by resolution (a) whether the petition is signed,\nand acknowledged or proved, or authenticated as required by law and is\notherwise sufficient, and (b) whether it is in the public interest to\ngrant, in whole or in part, the relief sought. If the town board shall\ndetermine that the petition is not signed, or acknowledged or proved, or\nauthenticated as required by law, or that it is otherwise insufficient,\nor if it be determined that it is not in the public interest to grant in\nwhole or in part the relief sought, the town board shall deny the\npetition. If the town board shall determine in the affirmative the\nsufficiency of the petition and that it is in the public interest to\ngrant in whole or in part the relief sought, the town board may adopt a\nresolution approving the petition and authorizing the installation of\nstreet lighting equipment along the streets, highways or portions\nthereof described in the petition, and in such case the town board is\nauthorized to purchase and to have installed the street lighting\nstandards and wiring. The cost of such improvement upon completion\nthereof, or at any time prior thereto, may be financed by the issuance\nof obligations of the town, pursuant to the local finance law. The town\nboard shall annually apportion and assess upon the several lots and\nparcels of land within the district in proportion to the amount of\nbenefit which the improvement shall confer upon the same, and in the\nmanner provided in section two hundred two-a of the town law for the\nassessment of the cost of maintenance in a sewer district, an amount\nsufficient to pay the principal of and interest on said obligations as\nthe same shall become due and payable. The cost of maintenance of such\nimprovement shall be a charge upon the district.\n 7. Snow removal districts. After a snow removal district shall have\nbeen established, the town board may contract for a term not exceeding\nten years for the removal of snow from all the sidewalks in said\ndistrict or such portion thereof as the board may determine. Whenever\nthe town board shall have awarded a contract for the removal of snow\nfrom a portion of the sidewalks in any such district, the town board may\ncontract for the removal of snow from additional sidewalks in said\ndistrict from time to time as the said town board in its discretion may\ndetermine advisable. Whenever the town board may determine it\nadvantageous so to do, it may employ a sufficient number of persons and\nprovide the necessary equipment to remove snow from sidewalks within the\ndistrict, at the expense of said snow removal district.\n 8. Water supply districts. After a water supply district shall have\nbeen established, the town board may contract for a term not exceeding\nforty years for the delivery by a water district, municipal corporation,\nwater authority, or by a corporation subject to the provisions of\narticle four of the transportation corporations law, of a supply of\nwater for fire, sanitary or other public purposes, to such district, and\nfor the furnishing, erection, maintenance, care and replacement of fire\nhydrants in connection therewith.\n 8-a. Water storage and distribution districts. The town board shall\nhave and exercise all of the powers with respect to a water storage and\ndistribution district which are provided in subdivision three in the\ncase of water districts, in so far as the same are consonant with the\npurposes of the water storage and distribution district, as described in\nsection one hundred ninety-a, provided, however, that the charges for\nwater sold shall be sufficient to pay all estimated annual costs of\noperation and maintenance and all annual installments of principal of,\nand interest on, obligations issued on behalf of the water storage and\ndistribution district. In the event that such revenues in any year are\ninsufficient, the excess of cost over revenues may be assessed against\nthe real property of the district as hereinafter provided.\n 9. Refuse and garbage districts. After a refuse and garbage district\nshall have been established in such town, the town board may,\n (a) Provide for the collection and/or resource recovery or\ndisposition, or any combination thereof of garbage, ashes, rubbish and\nother waste matter in such district, and for any of such purposes may\nconstruct, operate and maintain refuse resource recovery, disposal or\nincinerator plants, and establish, operate and maintain sanitary\nlandfills, acquire the necessary lands therefor, and purchase, operate\nand maintain all necessary appliances appurtenant thereto, including\nsuch vehicles as may be required for the collection and resource\nrecovery or disposition thereof; or the town board may contract for the\ncollection and resource recovery or disposal of animal or vegetable\nrefuse, ashes, garbage or any waste matter, and for that purpose may\naward one or more contracts for a period not exceeding ten years for the\ncollection and twenty years for the resource recovery or disposal\nthereof for all refuse and garbage districts in such town or separate\ncontracts for each district or part thereof. Whenever the town board may\ndetermine it advantageous so to do, it may employ a sufficient number of\npersons and provide the necessary equipment to collect such garbage,\nrefuse and waste matter, at the expense of said refuse and garbage\ndistrict.\n (b) Upon a petition as provided for in section one hundred ninety-one\nof this article, provide for the prevention or reduction of waste matter\nconsisting of carbon components of energy waste from residential\nproperties and the performance of energy audits and the purchase and\ninstallation of energy efficiency improvements on such residential\nproperties. The term "energy efficiency improvement", as used in this\nsubdivision, shall mean a material improvement made to an existing\nresidential property that reduces energy consumption, including but not\nlimited to caulking, weatherstripping, air sealing, insulation, heating\nand cooling systems upgrades, solar thermal systems and conservation\nmeasures, in a cost-effective manner as determined by the town,\nprovided, however, that "energy efficiency improvement" does not include\na household appliance, such as a washing machine or refrigerator, that\nis not permanently fixed to real property. The term "energy audit", as\nused in this subdivision, shall mean a formal evaluation by a qualified\ncontractor, who shall be approved by the town board, of the energy\nconsumption of a residential property for the purpose of identifying\nmethods to improve energy efficiency and reduce energy waste.\n (c) Establish from time to time, charges, fees or rates to be paid by\nusers for refuse and garbage collection service and may provide for the\npayment of said charges in advance. Such charges, fees or rates may be\nbased upon the volume of refuse, garbage, ashes, rubbish and other waste\nmatter collected, making a proper allowance for commercial or industrial\nestablishments, the number of calls per month, the number of persons or\nfamilies served in the district, or upon any other equitable basis as\nthe town board may determine. The town board may also establish from\ntime to time charges, fees or rates to be paid by those who have had\nenergy audits performed and energy efficiency improvements installed or\nimplemented on residential properties. Such charges shall be a lien upon\nthe real property for which or in connection with which the services are\nrendered.\n (d) Provide by ordinance, rule or regulation for the time within which\nrates, charges or fees for the refuse and garbage collection service or\nfor energy audits and energy efficiency improvements shall be paid, and\nmay provide a penalty not exceeding ten per centum of the amount due,\nwhen such rates, charges or fees are in arrears for thirty days, or\nlonger. The town clerk shall annually file with the town board\nstatements showing unpaid rates, charges or fees in such districts. Such\nstatements shall contain a brief description of the property for which\nor in connection with which the refuse and garbage collection service\nwas provided, or on which the energy audits were performed and energy\nefficiency improvements were installed, the names of the persons or\ncorporations liable to pay the same and the amount chargeable to each.\nThe supervisor shall transmit such statements to the board of\nsupervisors which shall levy such sums against the property liable and\nshall state the amount of the tax in a separate column in the annual tax\nrolls of such town under the name of "refuse and garbage charges." Such\ntax shall be paid to the supervisor of such town. All the provisions of\nthe existing tax laws of the state of New York covering the enforcement\nand collection of unpaid town taxes or assessments for special\nimprovements in the several towns of the state of New York, not\ninconsistent herewith, or for energy audits and energy efficiency\nimprovements shall apply to the collection of such unpaid charges for\nthe collection of refuse and garbage. All such rates, charges and fees\nshall be used for the payment of the cost of the management, maintenance\nand operation of the refuse and garbage collection service, or the\nenlargement or extension of the facilities thereof or the improvement of\nservices therein, or for the cost of the management, maintenance and\noperation of performing energy audits and purchasing and installing\nenergy efficiency improvements.\n (e) Adopt from time to time ordinances, rules and regulations for the\ncollection of garbage, ashes, rubbish and other waste matter in the\nrefuse and garbage districts in the town and the use of the equipment\ntherein, and in addition to the remedies provided in section one hundred\nthirty-five of this chapter for the enforcement thereof or for the\npunishment of violators, the town board may enforce compliance with such\nrules, ordinances and regulations by discontinuing the refuse and\ngarbage collection service.\n 10. Public dock districts. After a public dock district shall have\nbeen established, the town board may contract for the construction of a\npublic dock, either under an entire contract or in parts or sections as\nthe board may determine, and may acquire such real property as the board\nmay deem necessary for the construction and maintenance of such public\ndock and its approaches but the cost thereof shall not exceed the amount\nstated in the petition or in the final order, if the town board\nproceeded under article twelve-A of this chapter. The board shall also\nhave authority to provide for the maintenance thereof and to establish\nrules for its use.\n 10-a. Beach erosion control districts. After a beach erosion control\ndistrict shall have been established, the town board may take such\naction as may be required to arrest erosion in such district and prevent\nor alleviate damage resulting therefrom and to contract for or to\nconstruct such jetties, groins, fills, bulkheads or other works or\nimprovements as may be necessary to carry out its purpose.\n 10-b. Sidewalk districts. After a sidewalk district shall have been\nestablished, the town board may construct or contract for the\nconstruction of sidewalks within the district as it may determine to be\nnecessary or desirable. The board shall also have authority to provide\nfor the maintenance thereof.\n 10-c. After a fallout shelter district shall have been established,\nthe town board may acquire, construct, install and maintain a fallout\nshelter or shelters within the district as it may determine to be\nnecessary or desirable for the protection, safety and health of the\npersons residing within such district, and acquire, store and maintain\nappropriate materials and supplies therein, subject to the applicable\nprovisions of the New York state defense emergency act.\n 10-d. Harbor improvement districts. After a harbor improvement\ndistrict has been established, the town board may take such action as\nmay be required to adopt plans and specifications and enter into a\ncontract or contracts for harbor improvements within the district as it\nmay determine to be necessary or desirable. The board shall also have\nauthority to provide for the maintenance thereof.\n 10-e. Aquatic growth control district. After an aquatic growth control\ndistrict has been established, the town board may take such action as\nmay be required to adopt plans and specifications and enter into a\ncontract or contracts, or take such other action as may be required, for\nthe control of aquatic growth within the district as it may deem to be\nnecessary or desirable. For purposes of this chapter, "aquatic growth"\nmeans aquatic invertebrate species and aquatic plants, identified as\ninvasive pursuant to title seventeen of article nine of the\nenvironmental conservation law.\n 10-f. Ambulance districts. After an ambulance district has been\nestablished, including ambulance districts established prior to the\neffective date of this subdivision pursuant to this article and article\ntwelve-A of this chapter or any other provision of law, the town board\nmay:\n (a) provide an emergency medical service, a general ambulance service,\nor a combination of such services for the purpose of providing\nprehospital emergency medical treatment or transporting sick or injured\npersons found within the boundaries of the district to a hospital,\nclinic, sanitorium, or other place for treatment of such illness or\ninjury, and to that end may:\n (i) Acquire by gift or purchase one or more motor vehicles suitable\nfor such purpose and supply and equip the same with such materials and\nfacilities as it may consider necessary for prehospital emergency\ntreatment, and may operate, maintain, repair and replace such vehicles\nand such supplies and equipment;\n (ii) Contract with one or more individuals, municipal corporations,\nassociations, or other organizations having sufficient trained and\nexperienced personnel except an emergency rescue and first aid squad of\na fire department or fire company which is subject to the provisions of\nsection two hundred nine-b of the general municipal law for operation,\nmaintenance and repair of such emergency medical service or ambulance\nvehicles and for the furnishing of prehospital emergency treatment;\n (iii) Contract with one or more individuals, municipal corporations,\nassociations, or other organizations except an emergency rescue and\nfirst aid squad of a fire department or fire company which is subject to\nthe provisions of section two hundred nine-b of the general municipal\nlaw to supply, staff and equip emergency medical service or ambulance\nvehicles suitable for such purposes and operate such vehicles for the\nfurnishing of prehospital emergency treatment;\n (iv) Employ any combination of the methods authorized in subparagraphs\n(i), (ii) and (iii) of this paragraph;\n (b) formulate rules and regulations relating to the use of such\napparatus and equipment in the provision of emergency medical services\nor ambulance service, fix a schedule of fees or charges to be paid by\npersons requesting the use of such facilities, provide for the\ncollection of such fees and charges, or formulate rules and regulations\nfor the collection thereof by the individuals, municipal corporations,\nassociations, or other organizations furnishing service under contract\nas provided in subparagraph (ii) of paragraph (a) of this subdivision;\n (c) purchase or provide insurance indemnifying against liability for\nthe negligent operation of such emergency medical service or ambulance\nservice and the negligent use of other equipment or supplies incidental\nto the furnishing of such emergency medical service or ambulance\nservice;\n (d) provide for the administration and coordination of such emergency\nmedical service or ambulance service including but not limited to\noperation of an emergency medical communications system and medical\ncontrol; and\n (e) establish by local law a district board of ambulance\ncommissioners, and delegate ministerial functions related to the\noperation of the ambulance district to the commissioners. The district\nboard of ambulance commissioners shall act in an advisory capacity to\nthe town board with regard to other functions related to the operation\nof the district.\n The town board may appoint members to the district board of ambulance\ncommissioners or may provide that the commissioners be elected pursuant\nto the procedures in article thirteen of this chapter for the election\nof improvement district commissioners. If appointed by the town board,\nthe town board shall appoint the members to terms so fixed that at least\none will expire at the end of each calendar year. No term shall exceed\nthree years.\n 10-g. Watershed protection improvement district. After a watershed\nprotection improvement district has been established, the town board may\ntake such action as may be required to adopt plans and specifications\nand enter into a contract or contracts, or take such other actions as\nmay be required, for the protection and restoration of groundwater,\nsurface waters, and drinking water quality as it may deem to be\nnecessary or desirable, including but not limited to stormwater\ntreatment projects and wetland construction.\n 11. Contracts. All contracts authorized by the provisions of this\narticle shall be executed by the signatures of a majority of the members\nof the town board. Every contract on behalf of an improvement district\nshall specify the particular district on behalf of which the town board\nshall be acting. No contract shall be awarded for the performance or\nsupplying of services in a district if the total annual expense of\nproviding such services shall exceed the maximum amount, if any, stated\nin the petition for the establishment or extension of the district, or\nin the final order, if the town board is proceeding under article\ntwelve-A of this chapter, unless such maximum amount shall have been\nincreased pursuant to section two hundred two-d of this chapter.\n 12. Sale or lease of property. (a) Except as otherwise provided in\nsubdivision eight of section two hundred fifteen of this chapter, real\nor personal property owned by, but not required for the purposes of, any\nimprovement district may be sold or leased by the town board, provided,\nhowever, that if the property sold or leased has a value in excess of\none thousand dollars, a public hearing shall be held as herein provided.\n Notice of such hearing shall be published at least once in the\nofficial newspaper of the town not less than ten nor more than twenty\ndays prior to the day specified for the hearing. The notice shall\nspecify the time when and place where such hearing will be held, and\nshall describe the property proposed to be sold or leased and the\nproposed terms of the sale or lease. The receipts from the sale or lease\nof such property shall be paid to the supervisor of the town and\ncredited to the district and may be expended for any purpose which would\nproperly be charged against the entire district.\n (b) Notwithstanding any other provision of this chapter, the town\nboard or the commissioners of a district with the approval of the\nmajority of the town board may sell all or any part of the property and\nfacilities of an improvement district to a county, a city, a village, a\ntown, a public authority, a town on behalf of an improvement district, a\ncounty on behalf of a county district, or a joint water works system\nestablished pursuant to article five-B of the general municipal law,\nprovided, however, that such sale shall have been approved by a majority\nvote of the qualified electors of the district voting thereon. Such\nreferendum shall be held in the manner prescribed in article six of this\nchapter and eligibility to vote shall be determined as prescribed in\nsection eighty-four of this chapter in the case of districts. In the\nevent that all or any part of the property and facilities of an\nimprovement district is purchased by a county, a city, a village, a\ntown, a town on behalf of an improvement district or a county on behalf\nof a county district, the town board may by agreement with the purchaser\nprovide that payment of the purchase price, in whole or in part, shall\nbe made by having the principal of and interest on obligations issued to\nfinance the cost of the property and facilities so sold, assumed by the\npurchaser. The town board or the commissioners of a district with the\napproval of the majority of the town board may lease for a term not to\nexceed forty years all or any part of the property and facilities of an\nimprovement district to a county, a city, a village, a town, a public\nauthority, a town on behalf of an improvement district or a county on\nbehalf of a county district, or a joint water works system established\npursuant to article five-B of the general municipal law, provided,\nhowever, that such lease shall be subject to a permissive referendum\nheld in the manner prescribed in article seven of this chapter except\nthat in the case of districts the petition required by section\nninety-one of said article shall be sufficient if signed, and\nacknowledged or proved in the same manner as a deed to be recorded, or\nauthenticated in the manner provided by the election law for the\nauthentication of nominating petitions, by the owners of taxable real\nproperty situate in the district, as shown upon the latest completed\nassessment-roll of the town in which the district is located, in number\nequal to at least five per cent of the total number of such owners, or\nby one hundred of such owners, whichever is the lesser. For the purposes\nof this section, a corporate owner of such taxable real property shall\nbe considered one owner for the purposes of a petition requesting a\nreferendum and shall be entitled to one vote to be cast by an officer or\nagent of the corporation or other duly authorized person designated by\nappropriate resolution of such corporation. The proposition submitted\nmust be approved by the affirmative vote of a majority of the owners of\ntaxable real property situate in the district as shown upon the latest\ncompleted assessment-roll of the town, voting on such proposition. The\nprovisions of this paragraph (b) as to leasing of facilities shall apply\nto joint water districts existing by virtue of and governed by the\nprovisions of section three hundred forty-one, subdivision twelve of\nthis chapter.\n (c) The proceeds of the sale of a part of the property and facilities\nof a district or of the lease of all or a part of the property and\nfacilities of a district shall be deposited in a reserve fund\nestablished for the purpose of retiring outstanding obligations issued\non behalf of the district to finance the cost of the property and\nfacilities sold or leased and shall be expended only for such purpose,\nexcept as provided below. If the proceeds exceed the sum of all\ninstallments of principal of and interest on such indebtedness due to or\nbecome due, or the payment of principal of and interest on obligations\nis assumed as provided in paragraph (b) above, or if, when all such\noutstanding obligations shall have been retired, any moneys remain\nunexpended in the reserve fund, such excess moneys may be used for any\npurpose properly chargeable against the entire district.\n (d) If it is proposed that all of the property and facilities of the\ndistrict be sold, the proposition submitted to referendum shall provide\nas a part thereof, for dissolution of the district as well as for sale\nof such property and facilities. If the proposition for sale and\ndissolution is approved, the moneys received from such sale must be set\naside in a reserve fund and used to amortize outstanding obligations, as\nprovided in paragraph (c) of this section. Any excess over and above the\namount necessary to be set aside in a reserve fund and used to retire\nindebtedness, as aforesaid, together with any other moneys of the\ndistrict, shall be disposed of to the credit of real property within the\ndistrict by any equitable method described in the proposition submitted\nto referendum.\n (e) If no provision for distribution of excess proceeds is made in the\nproposition, then such proceeds shall be apportioned on the basis of\nassessed valuation among the several parcels of land situated in the\ndistrict, as shown on the last completed assessment roll of the town or\ncounty, as the case may be. The amounts so apportioned shall be credited\nto each such parcel of real property in reduction of the county and town\ntaxes on so many successive tax rolls as may be necessary to exhaust\nsuch amounts. If there be any real property in the district which is\nwholly exempt from general taxation but which, while exempt from general\ntaxation paid as an assessment for benefit a proportionate share of the\ncost of the improvement, the amount apportioned to such real property\nshall be refunded to the owner or owners thereof as shown on the last\ncompleted assessment roll at the time of distribution.\n 13. Change of name. The town board may adopt a resolution changing the\nname of an improvement district. Within ten days after the adoption of\nsuch resolution a certified copy thereof shall be filed in the office of\nthe town clerk, in the office of the clerk of the county in which the\ntown is located and in the office of the state department of audit and\ncontrol at Albany, New York.\n