2010 New York Code
TWN - Town
Article 12 - (190 - 208-B) DISTRICT AND SPECIAL IMPROVEMENTS
193 - Notice of hearing on petition; cost to typical property; definitions.

§  193.  Notice  of  hearing  on  petition;  cost to typical property;
  definitions. 1.  a. Whenever a petition shall be presented to  the  town
  board  pursuant to this article, for the establishment or extension of a
  sewer, wastewater disposal, drainage, water,  water  quality  treatment,
  park,  public  parking,  lighting, snow removal, water supply, sidewalk,
  refuse and garbage, aquatic plant  growth  control  district,  ambulance
  district,  harbor  improvement  district,  public  dock  district, beach
  erosion control district, or a fallout shelter district, the board shall
  adopt an order and enter the same in the  minutes  of  its  proceedings,
  reciting in general terms the filing of such petition, the boundaries of
  the  proposed  district,  the  improvements proposed, the maximum amount
  proposed to be expended for the improvement as stated in the petition or
  the maximum amount to be expended for the performance  or  supplying  of
  services  if  a  maximum amount is stated in the petition, 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, and specifying the time when and place where said board
  will meet to consider the petition and to hear all persons interested in
  the  subject  thereof, concerning the same. The board shall cause a copy
  of such order, certified by the town clerk, 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  signboard 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. In the
  event that the town maintains a website, such information  may  also  be
  provided  on  the  website.  Prior  to  the publication of a copy 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.
    b. (1) If the permission of the  state  comptroller  is  not  required
  pursuant  to  section one hundred ninety-four 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  as  proposed  to  be  assumed  pursuant  to
  subdivision  twelve  of section one hundred ninety-eight of this article
  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 that 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.
    (2)  Notwithstanding  the  provisions  of  subparagraph  one  of  this
  paragraph, 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.
    2. For purposes of this article the following definition shall apply:
    a.  the term "typical property" shall mean a benefited property having
  an assessed value that approximates the assessed value of  the  mode  of
  the benefited properties situated in the district or extension that will
  be required to finance the cost of the proposed improvements;

b.  the  term  "typical one or two family home" shall mean a benefited
  property improved by a one or two family dwelling and having an assessed
  value that approximates the assessed value of the mode of the  benefited
  properties  improved  by  one  or  two  family dwellings situated in the
  district  or  extension that will be required to finance the cost of the
  proposed improvements:
    c. the terms "cost  of  the  district  or  extension  to  the  typical
  property"  and  "cost of the district or extension to the typical one or
  two family home" shall mean the amount that it  is  estimated  that  the
  owner  of  such  a  typical  property  or  home  within  the district or
  extension will be required  to  pay  for  debt  service,  operation  and
  maintenance  and  other  charges,  such  as user charges, related to the
  improvements in the first year following formation of  the  district  or
  extension  or, if greater, in the first year in which both principal and
  interest on any indebtedness and operation and maintenance costs will be
  paid.
    d. the term "mode" shall mean, in connection with  assessed  value  of
  property,  the  most frequently occurring assessed value as shown on the
  latest completed final assessment roll.