§ 209-F — Application for permission of state comptroller to establish or extend district

§ 209-f. Application for permission of state comptroller to establish\nor extend district. 1. Unless it is proposed or required that the town\nin which such district or extension is located shall finance the cost\nthereof by the issuance of the bonds, notes, certificates or other\nevidences of indebtedness of the town therefor, or shall assume the debt\nservice on obligations issued to finance the cost of facilities,\npursuant to subdivision twelve of section one hundred ninety-eight of\nthis chapter, and, if the state comptroller shall have computed average\nestimated costs for similar types of districts, the cost of the district\nor extension to the typical property or, if different, the cost of the\ndistrict or extension to the typical one or two family home as stated in\nthe notice of hearing is above the average estimated cost to the typical\nproperties or homes for the establishment or extension of similar types\nof districts as may be annually computed by the state comptroller, the\npermission of the state comptroller shall not be required for the\nestablishment or extension of a district and the construction of an\nimprovement or the providing of a service therein, including an increase\nin the maximum amount proposed to be expended for the improvement in a\ndistrict, except as otherwise provided by section two hundred two-b of\nthis chapter. The state comptroller annually shall provide to towns\nnotice of the average cost thresholds as may be computed in accordance\nwith this section.\n 2. Where the permission of the state comptroller is not required\npursuant to this section and if the certificate of the town clerk\nrequired to be filed pursuant to subdivision four of section two hundred\nnine-e of this article establishes that no petition was filed requesting\na referendum or that such petition was filed and the result of the vote\non the proposition submitted at the referendum held pursuant thereto was\nin the affirmative, the town board shall adopt a final order\nestablishing or extending the district.\n 3. (a) Except as otherwise provided in subdivision one of this\nsection, within ten days after the adoption of a resolution by a town\nboard approving the establishment or extension of a district and the\nconstruction of an improvement or the providing of a service therein,\nthe town clerk of the town shall file a certified copy of such\nresolution, in duplicate, in the office of the state department of audit\nand control at Albany, New York, together with an application, in\nduplicate, for permission to create or extend such district as the case\nmay be. Such application shall be executed and verified by the\nsupervisor, or such other officer of the town as the town board shall\ndetermine, and shall include the following:\n (1) A certified copy of the notice of public hearing, with proof of\npublishing and posting thereof as required by this article, and, in the\ninstance of a sewer, wastewater disposal, drainage or water district, of\nthe map, plan and report filed in the town clerk's office pursuant to\nsection two hundred nine-c;\n (2) An itemized statement of the then outstanding indebtedness of the\ntown for all purposes, as evidenced by bonds, bond anticipation notes,\ncapital notes, deferred payment notes and budget notes; the amount of\nbudgetary appropriations for the payment of any such outstanding\nindebtedness, whether or not such appropriations have been realized as\ncash; the amount of indebtedness proposed to be contracted for the\nimprovement, and the amounts, purposes and probable dates of issuance of\nany bonds, bond anticipation notes, capital notes, deferred payment\nnotes and budget notes which the town has authorized to be issued but\nwhich in fact have not been issued on the date of such application;\n (3) A statement of the aggregate assessed valuation of the real\nproperty situated in the proposed district or extension thereof, as such\nassessed valuations are shown on the last completed assessment roll of\nthe town prior to the date of such application;\n (4) A statement of the average full valuation of the taxable real\nproperty of the town. Such average full valuation shall be determined in\naccordance with the provisions of the first paragraph of subdivision\nseven-a of section 2.00 of the local finance law;\n (5) A statement as to the manner in which it is proposed to finance\nthe cost of the improvement.\n (b) Whenever such an application shall be filed in the office of the\ndepartment of audit and control, the state comptroller shall within five\ndays thereafter give notice thereof to the board of supervisors of the\ncounty in which such proposed district or extension is located by filing\nwith the clerk of such board of supervisors one copy of such\napplication. At any time within fifteen days of the filing of the\napplication, the board of supervisors may file an objection, in writing,\nin the office of the department of audit and control.\n (c) Thereafter and subsequent to the filing in the office of the\ncounty clerk and the department of audit and control of the certificate\nrequired to be filed by the town clerk pursuant to subdivision four of\nsection two hundred nine-e of this article, the state comptroller shall\ndetermine whether the public interest will be served by the\nestablishment or extension of the district and also whether the cost\nthereof will be an undue burden upon the property of the proposed\ndistrict or extension. The state comptroller may make such\ndeterminations upon the original or any amended application, or in his\ndiscretion may require the submission of additional information or data\nin such form and detail as he shall deem sufficient, or may cause an\ninvestigation to be made, to aid him in making the determinations above\nmentioned.\n 4. Upon the expiration of fifteen days from the date of the filing of\nsuch application with the clerk of the board of supervisors, the\ncomptroller shall make an order, in duplicate, granting or denying\npermission for the establishment or extension of the district and shall\nfile one copy of such order in the office of the state department of\naudit and control at Albany, New York, and the other in the office of\nthe town clerk of the town in which the proposed district or extension\nis located. The town clerk shall present such order to the town board of\nthe town at the next meeting thereof. If the certificate required to be\nfiled by the town clerk pursuant to the provisions of subdivision four\nof section two hundred nine-e of this article states that the\nproposition submitted at such referendum was disapproved, the\ncomptroller shall return the application to the town clerk without\ntaking any action thereon.\n 5. If the state comptroller shall deny permission for the\nestablishment or extension of the district, the town board shall\nforthwith adopt an order terminating its proceedings in connection with\nthe proposed establishment or extension of such district. If the state\ncomptroller shall grant permission therefor, the town board shall adopt\na final order establishing the district or extension as the boundaries\nshall be finally determined.\n