S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1922

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 14, 2009
                               ___________

Introduced  by M. of A. RABBITT -- read once and referred to the Commit-
  tee on Local Governments

AN ACT to amend the town law and the local finance law, in  relation  to
  certain  actions  which  may  not  be  taken without the prior review,
  approval, permission or consent  of  the  state  comptroller;  and  to
  repeal  subdivision  13  of  section 54, subdivisions 3, 4, 5 and 6 of
  section 194, section 209-f and subdivision 13 of section 209-q of  the
  town law relating thereto

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Legislative findings.    The  legislature  finds  that  the
provisions  of  article  IX  of the state constitution relating to local
governments which became effective on January 1, 1964 and the  municipal
home  rule law enacted by chapter 843 of the laws of 1963 gave a consti-
tutional grant of home rule powers to local governments. Subdivision (b)
of section 2 of article IX of the state constitution provides that  "...
the legislature:... Shall have the power to act in relation to the prop-
erty, affairs or government of any local government only by general law,
or  by  special law" only in certain circumstances when requested by the
local legislative body. The legislature does further find  that  certain
provisions  of  the town law relating to the creation of fire, water and
sewer districts which were adopted prior to such article IX  are  incon-
sistent  with  the  constitution and should be repealed. The legislature
does further find that provisions of the town law requiring the approval
of the state comptroller prior to the creation of a fire, water or sewer
district creates an unnecessary burden and "mandate" on local government
that increases the cost of formation of  such  districts,  the  time  to
create  such districts and is an unwarranted intrusion on the ability of
local governments to manage their own affairs.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04256-01-9

A. 1922                             2
              

  S 2. Paragraph (a) of subdivision 5 of section 54 of the town law,  as
amended  by  chapter  521  of  the  laws  of 1974, is amended to read as
follows:
  (a)   At any time prior to the completion of an improvement, the maxi-
mum amount proposed to be expended for such improvement,  as  stated  in
the  notice  of  public  hearing  pursuant  to subdivision three or four
[hereof] OF THIS SECTION, may be increased by an order of the town board
provided that the town board shall, after a public hearing held  in  the
manner  prescribed in subdivision three [hereof] OF THIS SECTION, deter-
mine that it is in the public interest to authorize the increase in such
maximum amount.  [If  it is proposed or required  that  the  town  shall
finance  the  increase in the maximum amount proposed to be expended for
the improvement by the issuance of bonds, notes, certificates  or  other
evidences  of  indebtedness  and  the  total  estimated  expense of such
improvement including the increase in the maximum  amount  shall  exceed
one-tenth  of  one  per centum of the full valuation of the taxable real
property in the area of the town outside of villages, the town board may
not make an order pursuant to this subdivision unless the comptroller of
the state of New York shall have made, subsequent to the public  hearing
required  by  this  subdivision, an order approving the increase in such
maximum amount as stated in the  notice  of  hearing  required  by  this
subdivision.    The order of the comptroller shall be prepared in dupli-
cate and one copy thereof filed in the office of the department of audit
and control and the other copy in the office of the town  clerk  of  the
town.]   If the original authorization of the improvement was subject to
a permissive referendum pursuant to paragraph (a) of subdivision  eleven
of  this section or made subject to a mandatory or permissive referendum
pursuant to paragraph (b) of subdivision eleven  of  this  section,  any
order  of  the  town  board increasing the maximum amount to be expended
shall be subject to the same type of referendum.
  S 3. Paragraphs (c) and (d) of subdivision 6 of section 54 of the town
law, as amended by chapter 938 of the laws of 1963, are amended to  read
as follows:
  (c)  If the town board shall determine that it is in the public inter-
est,  the  board  may  adopt a resolution authorizing such improvement[,
subject to the approval of the state comptroller where such approval  is
required  by  subdivision  thirteen  of this section].   Such resolution
shall contain a statement of the  manner  in  which  the  costs  of  the
improvement  are  to be apportioned, and a description of the boundaries
of the benefited area, if any, as finally determined by the  town  board
where  any  part of the cost is to be raised by special assessments upon
benefited property.
  (d)  The town clerk shall cause a certified copy of any resolution  or
order  adopted  pursuant  to this subdivision, subdivision five or para-
graph (c) of subdivision eight of this section, or  section  fifty-seven
of this [chapter] ARTICLE to be duly recorded in the office of the clerk
of  the  county  in  which the town is located within ten days after the
adoption of such resolution[, or within  ten  days  of  the  receipt  of
notification  of  the  approval  of  the  state  comptroller  where such
approval is required by subdivision five or subdivision thirteen of this
section].   When so  recorded,  such  resolution  shall  be  presumptive
evidence  of  the regularity of the proceedings and actions taken by the
town board in relation thereto.
  S 4. Subdivision 13 of section 54 of the  town  law  is  REPEALED  and
subdivision 14 is renumbered subdivision 13.

A. 1922                             3

  S 5. Subdivision 2 of section 170 of the town law, as amended by chap-
ter 273 of the laws of 1960, is amended to read as follows:
  2.   Upon its own motion and without a petition, the town board of any
town or, if the district as proposed or proposed to be extended includes
territory in more than one town, the town boards of each  of  the  towns
acting  jointly by a majority vote of the members of each of such boards
may establish or extend fire districts or fire protection  districts  in
such town or towns outside of any incorporated village or city or exist-
ing fire, fire alarm or fire protection district therein, after a public
hearing  thereon.    The  notice  of such hearing shall be published and
posted and such hearing shall be held in the  manner  provided  in  this
article  for a hearing upon the establishment of a fire district or fire
protection district upon petition.   After such  hearing  and  upon  the
evidence  given  thereat,  the  town  board or boards shall determine by
resolution whether it  be  in  the  public  interest  to  establish  the
proposed  fire district or fire protection district or extend the exist-
ing fire district or fire protection district, as the case may be.    If
it be determined that the establishment or extension of such district be
in the public interest, the town board or boards shall determine whether
all  the  property,  property  owners  and interested persons within the
proposed district are benefited thereby  and  whether  all  property  or
property  owners  benefited  are included therein and such town board or
boards shall so alter the boundaries of the proposed district or  exten-
sion,  so  that  all property and property owners and only such property
and property owners as  are  benefited  shall  be  included  within  its
limits.    In  the  event,  however, that it is found that any property,
property owners or any interested persons not included in the  district,
as  originally  proposed,  will  be  benefited thereby, a further notice
shall be posted and published and another hearing held as provided here-
in, unless all said additional property  owners  or  interested  persons
execute  and  file  written  consents to be included in such district or
extension.  When the boundaries of such FIRE DISTRICT,  fire  protection
district or extension shall have been finally determined, the town board
or  boards  shall  adopt  a  resolution  establishing  or  extending the
district and shall comply with the  provisions  of  subdivision  one  of
section  one  hundred seventy-three of this [chapter] ARTICLE. [When the
boundaries of such fire district or extension shall  have  been  finally
determined  the  town board or boards shall adopt a resolution approving
the establishment or extension of the district, and  shall  comply  with
the  provisions  of  subdivisions  two  and  four of section one hundred
seventy-three of this chapter, other than filing a certified copy  of  a
petition  as  provided  in such subdivision two.]  A fire district shall
not be extended pursuant to the provisions of  this  subdivision  except
upon  the  consent in writing of a majority of the commissioners of such
fire district.  Such consent shall be acknowledged or proved in the same
manner as a deed to be recorded.
  S 6. Subdivision 2 of section 171 of the town law, as amended by chap-
ter 397 of the laws of 1995, paragraph a as amended by  chapter  631  of
the laws of 2004, is amended to read as follows:
  2.    [a.]  The  town board or town boards shall hold a public hearing
upon such petition and shall cause a notice thereof to be  published  at
least  once  in  a newspaper having general circulation in the territory
affected, the first publication thereof to be not less than ten days nor
more than twenty days before the day designated therein for the hearing,
and the town clerk or town clerks shall cause copies of such  notice  to
be  posted on the sign-board of the town maintained pursuant to subdivi-

A. 1922                             4

sion six of section thirty of this chapter, and  conspicuously  in  such
other  places within or without the territory affected as the town board
or town boards may direct, 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. Such notice shall contain a description of the  proposed
district  or extension, state the estimated rate per thousand dollars of
assessed valuation, based on the aggregate assessed valuation of taxable
real property of the proposed district or extension  district  shown  in
the  latest  completed  final assessment roll, projected to be assessed,
levied and collected for purposes of the proposed district  or  extended
district  for the fiscal year of its operation and specify the time when
and the place where the town board or boards will meet to consider  such
petition  and  to  hear all persons interested in the subject concerning
the same. If the petition shall provide for the dissolution of an exist-
ing water supply district upon the establishment of the  fire  district,
the  notice  of  hearing shall so specify. If, upon the establishment or
extension of a fire district, the fire district would become the sponsor
of a service award program pursuant to section two hundred sixteen-b  of
the  general  municipal  law, the notice of hearing shall so specify and
contain a statement of the estimated annual cost of  the  service  award
program  to  the  fire  district;  provided,  however, that if, upon the
establishment or extension of a fire district, the ensuing fire district
would become the sponsor of a service award program pursuant to  section
two  hundred  sixteen-b  of  the  general municipal law, the resolutions
establishing the districts shall be submitted in each such town  in  the
manner  provided by article seven of this chapter. Prior to the publica-
tion of the notice, the board or boards shall cause to be prepared,  and
file  for  public inspection with the town clerk, a detailed explanation
of how the estimated rate of assessment for  the  proposed  district  or
extended district was computed.
  [b.  (1)  If  the  permission of the state comptroller is not required
pursuant to section one hundred seventy-three of this article because it
is not proposed to finance an expenditure for the district or  extension
by  the  issuance  of  bonds,  notes, certificates or other evidences of
indebtedness of the fire district, a certified copy of the notice  shall
be filed with the state comptroller on or about the date of the publica-
tion of such notice.
  (2)  Notwithstanding  the provisions of subparagraph one of this para-
graph 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  investi-
gation  to  be  made with respect to the establishment or extension of a
district or an increase in the maximum amount to be expended.]
  S 7. The third undesignated paragraph of section  172-d  of  the  town
law,  as added by chapter 926 of the laws of 1957, is amended to read as
follows:
  For the purposes of this section, such fire protection district  shall
be  deemed  dissolved,  or  its  boundaries  altered,  and the territory
described added to the fire district upon the adoption by the town board
or boards of [an order] A RESOLUTION  providing  therefor,  pursuant  to
[subdivision  four  of] section one hundred seventy-three of this [chap-
ter] ARTICLE, unless such [order] RESOLUTION shall  specify  some  other
date for such purpose, in which case the dissolution or alteration shall
become  effective  on  the  date  specified.   If the [order] RESOLUTION
provides for the dissolution of the fire protection district,  the  fire

A. 1922                             5

district shall be liable for all the obligations under the then existing
contracts  for  the  supply  of  fire protection to such fire protection
district unless the contract is amended  or  terminated  in  the  manner
provided  in  section one hundred eighty-four of this [chapter] ARTICLE.
If the [order] RESOLUTION provides for the alteration of the  boundaries
of the fire protection district any existing contracts for the supplying
of  fire  protection to the fire protection district so altered shall be
carried out in the same manner as if such alteration had not taken place
unless the contract is amended or terminated in the manner  provided  in
section one hundred eighty-four of this [chapter] ARTICLE.
  S  8.  Section  173  of the town law, as amended by chapter 191 of the
laws of 1946, subdivision 1 as amended by chapter 310  of  the  laws  of
1962,  the  opening  paragraph  and  paragraph  (a) of subdivision 2 and
subdivision 4 as amended by chapter 397 of the laws  of  1995,  subpara-
graph  1  of  paragraph (a) of subdivision 2 as amended by chapter 37 of
the laws of 2000 and paragraph (b) of subdivision 2 as amended by  chap-
ter 156 of the laws of 1956, is amended to read as follows:
  S 173.  Filing of determination. 1.  Whenever the town board or boards
shall adopt a resolution establishing or extending a FIRE DISTRICT, fire
alarm  district or [a] fire protection district, or consolidating two or
more adjoining fire districts or fire protection districts, or  altering
the  boundaries  of  a  fire  district  or  fire protection district, or
dissolving a fire district, a fire alarm  district  or  fire  protection
district,  the town clerk or clerks shall cause a certified copy of such
resolution to be duly recorded in the office of the clerk of the  county
or  counties  in  which  such  fire  district, fire alarm district, fire
protection district, or  consolidated  or  altered  fire  districts,  or
consolidated  fire  protection districts, are located, and shall, within
ten days cause a certified copy of such resolution to be  filed  in  the
state  department  of  audit  and  control at Albany, New York.  When so
recorded, such resolution shall be presumptive evidence of the regulari-
ty of the establishment, extension, consolidation, dissolution or alter-
ation of such district or districts.   The  expense  of  such  recording
shall  be a charge against the district or districts.  The said determi-
nation shall be final  and  conclusive  unless  a  proceeding  has  been
commenced  for review in the manner provided by article seventy-eight of
the civil practice law and rules within thirty days  from  the  time  of
recording thereof.
  2.  [Whenever the town board or boards shall adopt a resolution estab-
lishing or extending a fire district for which it is  proposed  that  an
expenditure  is  to be financed by the issuance of bonds, notes, certif-
icates or other evidences of indebtedness of  the  fire  district,  such
resolution  or determination shall be submitted to the state comptroller
for approval in the following manner:
  (a)  Within ten days after the adoption of  a  resolution  by  a  town
board  approving  the establishment or extension of such a district, 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 by such
other  officer  of the town as the town board shall determine, and shall
include the following:
  (1)  A certified copy of the petition,  if  there  is  one,  omitting,
however,  the  signatures  and acknowledgments or proofs, or authentica-
tions.

A. 1922                             6

  (2)  An itemized statement of the existing indebtedness of  the  town,
both  temporary  and  bonded, including the indebtedness of the town for
all special district purposes.
  (3)    A  statement of the aggregate assessed valuation of the taxable
real property situated in the proposed district  or  extension  thereof,
and,  if  there  is a petition, of the portion thereof owned by resident
owners.
  (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  applica-
tion.  At any time within fifteen days of the filing of the application,
said  board  of  supervisors  may  file an objection, in writing, in the
office of said department of audit and control.  In addition, the  state
comptroller  shall  determine whether the public interest will be served
by the creation 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  determi-
nations  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.
  3.  Upon the expiration of fifteen days from the date of the filing of
such  application  with  the  clerk of the board of supervisors and upon
reaching a determination, the comptroller shall make an order, in dupli-
cate, granting or denying permission for the creation  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.
  4. If the state comptroller shall deny permission for the creation  or
extension of the district, the town board shall forthwith adopt an order
denying  the petition.   If the state comptroller shall grant permission
therefor or if permission of the state comptroller is not required,  the
town  board may adopt an order establishing the district or extension as
the boundaries shall be finally determined.  The town clerk shall  cause
certified copies of its resolution and such order to be duly recorded in
the  office  of  the  clerk of the county or counties in which such fire
district is located.  When so recorded such resolution and  order  shall
be presumptive evidence of the regularity of the establishment or exten-
sion  of such district.  The expense of such recording shall be a charge
against the district.  The said determination shall be final and conclu-
sive unless a proceeding for review in the manner  provided  by  article
seventy-eight  of  the  civil  practice law and rules has been commenced
within thirty days from the time of the recording thereof.   Within  ten
days  after  the  adoption of such order by the town board, establishing
the district or extension, the town clerk shall cause a  certified  copy
of such order to be filed in the office of the state department of audit
and control at Albany, New York.
  5.]    If  the petition for the establishment of a fire district shall
provide for the dissolution of  an  existing  coterminous  water  supply
district  having  no bonded indebtedness, then upon the establishment of
the fire district the district so established shall assume and  pay  all

A. 1922                             7

the  liabilities  and  indebtedness  of  the  water  supply  district so
dissolved.
  S 9. Subdivision 1 of section 193 of the town law, as amended by chap-
ter  397  of  the  laws of 1995, paragraph a as amended by section 18 of
part X of chapter 62 of the laws of 2003, is amended to read as follows:
  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 gener-
al  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 sign-
board  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 subdivi-
sion 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 para-
graph, 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  investi-
gation  to  be  made with respect to the establishment or extension of a
district or an increase in the maximum amount to be expended.]

A. 1922                             8

  S 10. Paragraph (b) of subdivision 2 of section 194 of the  town  law,
as  amended  by  chapter  37  of the laws of 2000, is amended to read as
follows:
  (b) If the town board shall determine that the petition is signed, and
acknowledged  or  proved,  or  authenticated,  as required by law and is
otherwise sufficient and that it is in the public interest to grant  the
relief  sought, either in whole or in part, but shall find that any part
or portion of the  property  or  property  owners  within  the  proposed
district or extension are not benefited thereby or that certain property
or property owners benefited thereby have not been included therein, the
town  board shall specify the necessary changes of the boundaries of the
proposed district or extension to be made in order that all of the prop-
erty and property owners and only such property and property  owners  as
are  benefited shall be included within such proposed district or exten-
sion, and the board shall call a further hearing at a definite place and
time not less than fifteen nor more than  twenty-five  days  after  such
determination.  Notice  of  such  further  hearing  shall  be posted and
published in the manner provided in  section  one  hundred  ninety-three
[hereof]  OF THIS ARTICLE except that such notice shall also specify the
manner in which it is proposed to alter the boundaries of  the  proposed
district  or  extension.  Such further hearing shall be conducted in the
same manner as an original hearing upon a petition. If and when the town
board shall determine in the affirmative all of the questions set  forth
in  subdivision  one  of this section, the board may adopt [a resolution
approving the establishment]  AN  ORDER  ESTABLISHING  THE  DISTRICT  or
extension  of the district as the boundaries shall be finally determined
and the construction of the improvement  or  providing  of  the  service
therein,  but  no  such [resolution so approving] ORDER shall be adopted
unless the petition shall comply with the requirements  of  section  one
hundred  ninety-one  OF THIS ARTICLE as to sufficiency of signers as the
boundaries of the proposed district or extension shall be finally deter-
mined.
  S 11. Subdivisions 3, 4, 5 and 6 of section 194 of the  town  law  are
REPEALED.
  S  12.  Section 202-d of the town law, as amended by chapter 76 of the
laws of 1952, subdivision 1 as amended by chapter 456  of  the  laws  of
2004 and subdivision 2 as amended by chapter 543 of the laws of 1954, is
amended to read as follows:
  S  202-d.   Increase of maximum amount to be expended.  1. At any time
after the establishment of an improvement district  the  maximum  amount
proposed  to be expended for the improvement in such district, as stated
in the petition for the establishment of such district, may be increased
by an order of the  town  board  provided  a  petition  requesting  such
increase  signed  as  required by section one hundred ninety-one of this
article is presented to the town  board  and  provided  the  town  board
shall,  after a public hearing ordered and held in the manner prescribed
by sections one hundred ninety-three and one hundred ninety-four of this
article, determine that it is in the public interest  to  authorize  the
increase  of  such  maximum amount[, and provided the comptroller of the
state of New York shall have made as may be required pursuant to  subdi-
vision  six  of  section  one hundred ninety-four of this article, after
such public hearing, an order approving the  increase  of  such  maximum
amount  as stated in the petition. The order of the comptroller shall be
prepared in duplicate and one copy thereof filed in the  office  of  the
department  of audit and control and the other copy in the office of the
town clerk of the town].

A. 1922                             9

  2.  If the petition for establishment of the  district  proposes  only
the performance or supplying of certain services, and states the maximum
amount  to be expended annually for such services, the maximum amount to
be expended annually may be increased by an  order  of  the  town  board
provided the town board shall, after a public hearing, determine that it
is  in  the  public  interest  to authorize the increase of such maximum
amount.  The town board shall give notice of such hearing by publication
of a notice in at least one newspaper having general circulation in  the
district  specifying the time when and the place where such hearing will
be held and stating the increase proposed in the maximum  amount  to  be
expended  annually.    Such  notice shall be published once at least ten
days prior to the date specified for such hearing.  [The approval of the
state comptroller to such increase in the maximum amount to be  expended
annually shall not be required.]
  S  13.  Section  202-e of the town law, as added by chapter 702 of the
laws of 1940 and subdivision 1 as amended by chapter 37 of the  laws  of
2000, is amended to read as follows:
  S  202-e.  Acquisition  and improvement of additional property in park
districts.  1. Petition. After the establishment of a park district  and
the acquisition for park purposes of the property described in the peti-
tion  for the establishment of the district, the town board upon a peti-
tion therefor may acquire additional property for the purposes  of  such
park  district,  in  the manner [herein] provided IN THIS SECTION.  Such
petition shall be signed, and acknowledged or proved, or  authenticated,
in  the manner specified in section one hundred ninety-one OF THIS ARTI-
CLE for petitions for the establishment of a park district and shall  be
subject  to  the requirements of such section as to sufficiency of sign-
ers. The petition shall also describe the additional  property  proposed
to  be  acquired  for  park  purposes and shall state the maximum amount
proposed to be expended for the acquisition and improvement thereof.
  2.  Hearing.  Whenever such a petition containing the required  signa-
tures shall have been presented to the town board, the board shall adopt
an  order  providing for a meeting to consider such petition and to hear
all interested persons and shall cause notice  of  such  hearing  to  be
given  in  the manner provided in section one hundred [and] ninety-three
OF THIS ARTICLE.  After such hearing and upon the evidence  given  ther-
eat,  the town board shall make the determinations specified in subdivi-
sion one of section one hundred [and] ninety-four OF THIS ARTICLE.
  3.  [Permission of comptroller.  If such board shall determine in  the
affirmative  all  the  questions set forth in such subdivision and shall
approve said petition, an application shall be filed in  the  office  of
the  state department of audit and control for permission to acquire and
improve the additional property described in said petition.  Such appli-
cation shall be executed and filed in the form and manner  specified  in
section  one  hundred and ninety-four for the execution and filing of an
application for permission to create or extend an  improvement  district
and  the  state  comptroller shall make and file an order, in the manner
and subject to the restrictions specified in subdivisions three and four
of said section, granting or denying such permission.   The  town  clerk
shall present the order of the comptroller to the town board at the next
meeting thereof.
  4.]    Powers  of  town  board.   If the [state comptroller shall deny
permission for the acquisition and improvement  of  such  property,  the
town  board shall forthwith adopt an order denying the petition.  If the
state comptroller shall grant  permission  therefor]  TOWN  BOARD  SHALL
DETERMINE  IN THE AFFIRMATIVE ALL THE QUESTIONS SET FORTH IN SUCH SUBDI-

A. 1922                            10

VISION AND SHALL APPROVE SAID PETITION, the town board  may  acquire  by
purchase  or  condemnation  the  property  described  in  the  petition;
provided, however, that no  property  situated  within  an  incorporated
village  or  city shall be acquired unless the permission and consent of
the legislative body thereof, is first obtained.
  After such additional property has been acquired, the town board shall
have such powers and shall be subject to such duties in relation thereto
as shall be prescribed in subdivision four of section one hundred  [and]
ninety-eight  OF  THIS ARTICLE in relation to property acquired for park
purposes  pursuant  to  the  petition  for  the  establishment  of  such
district.
  S  14. Section 209-d of the town law, as amended by chapter 397 of the
laws of 1995, is amended to read as follows:
  S 209-d. Notice of hearing; cost to typical property.  [1.] Subsequent
to the date of the filing of the map, plans and report in the office  of
the town clerk as required in section two hundred nine-c of this article
the  town  board may adopt an order and enter the same in the minutes of
its proceedings reciting a description of the boundaries of the proposed
district or extension in a  manner  sufficient  to  identify  the  lands
included  therein as in a deed of conveyance, the improvements proposed,
the maximum amount proposed to be  expended  for  the  improvement,  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, the proposed method of financing to be employed, the
fact  that a map, plan and report describing the same are on file in the
town clerk's office for public inspection and specifying the  time  when
and  the  place  where said board will meet and hold a public hearing to
hear all persons interested in the subject thereof, concerning the same.
If such order proposes only the  performance  or  supplying  of  certain
services,  it  may  state the maximum amount to be expended annually for
such services.   The board shall cause  a  copy  of  such  order  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 sign-board 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.  Such order may further state such place other than the  town
clerk's office where the map, plan and report may be examined in advance
of  the hearing, if the town board determines that, in the public inter-
est, some other additional place is necessary or desirable.  If a  water
district,  sidewalk  district,  a  public parking district, a refuse and
garbage district, aquatic  plant  growth  control  district    or  beach
erosion control district is proposed, such order may contain a statement
that  the  cost of constructing the water system, sidewalks or acquiring
lands for public parking or for refuse and garbage purposes, or  aquatic
plant  growth  control  purposes   or for beach erosion control shall be
assessed by the town board in proportion as nearly  as  may  be  to  the
benefit  which  each  lot or parcel will derive therefrom.  Prior to the
publication 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.
  [2. (a)  If the permission of the state comptroller  is  not  required
pursuant  to  section  two  hundred nine-f of this article because it is

A. 1922                            11

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 is proposed to be assumed pursuant to subdivision twelve of
section  one  hundred  ninety-eight  of this chapter 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 such
section, a certified copy of the order of the town board adopted  pursu-
ant 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.
  (b)  Notwithstanding  the provisions of paragraph (a) of this subdivi-
sion, 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  investi-
gation  to  be  made with respect to the establishment or extension of a
district or an increase in the maximum amount to be expended.]
  S 15. Subdivision 4 of section 209-e of the  town  law,  as  added  by
chapter 30 of the laws of 1959, is amended to read as follows:
  4.    (a)    If after the expiration of the time for filing a petition
requesting that the matter be submitted to a referendum of the  property
owners  of  the proposed district or proposed extended district, no such
petition has been filed with the town clerk, he shall file a certificate
stating such fact in the office of the  county  clerk  [and,  where  the
permission of the state comptroller is required for the establishment or
extension  of  a  district and the construction of an improvement or the
providing of a service therein, in the office of the department of audit
and control at Albany, New York].
  (b)  If such a petition was filed and after the referendum held pursu-
ant to this section, the town clerk shall prepare and file a certificate
stating that a petition was filed and a referendum was held pursuant  to
the  provisions of this section and certifying the result of the vote on
the proposition submitted at such referendum in the office of the county
clerk [and, where the permission of the state  comptroller  is  required
for the establishment or extension of a district and the construction of
an  improvement  or the providing of a service therein, in the office of
the department of audit and control at Albany, New York].
  S 16. Section 209-e of the town law is amended by adding a new  subdi-
vision 5 to read as follows:
  5.  IF THE CERTIFICATE OF THE TOWN CLERK REQUIRED TO BE FILED PURSUANT
TO SUBDIVISION FOUR OF THIS SECTION 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.
  S 17. Section 209-f of the town law is REPEALED.
  S 18. Section 209-h of the town law, as added by chapter  598  of  the
laws  of  1960,  subdivision  1 as amended by chapter 456 of the laws of
2004, is amended to read as follows:
  S 209-h.  Increase of maximum amount to be expended.  1. At  any  time
after  the  establishment  of an improvement district or of an extension
thereof pursuant to the provisions of this article or any other applica-
ble provision of law, the maximum amount proposed to be expended for the
improvement in such district, as stated in the notice of public  hearing
on  the establishment or extension of such district, may be increased by
an order of the town board provided that the town board shall,  after  a
public  hearing  is held in the manner prescribed by section two hundred

A. 1922                            12

nine-d of this article, determine that it is in the public  interest  to
authorize  the increase of such maximum amount [, and provided the comp-
troller of the state of New York shall have  made  as  may  be  required
pursuant  to subdivision one of section two hundred nine-f of this arti-
cle, after such public hearing, an order approving the increase of  such
maximum amount as stated in the said notice of hearing. The order of the
comptroller shall be prepared in duplicate and one copy thereof filed in
the  office of the department of audit and control and the other copy in
the office of the town clerk of the town]. The order of the  town  board
increasing  the  maximum  amount  to  be  expended shall be subject to a
permissive referendum in the manner provided  in  subdivision  three  of
section  two  hundred  nine-e  of this article. [The comptroller may not
make an order approving the increase in such maximum amount until  after
the  expiration  of  the  time for filing a petition requesting that the
matter be submitted to referendum or,  if  such  a  petition  is  filed,
unless  the vote on the proposition submitted at referendum was affirma-
tive.]
  2.  If the notice of public hearing for the establishment or extension
of the district proposes only the performance or  supplying  of  certain
services, and states the maximum amount to be expended annually for such
services, the maximum amount to be expended annually may be increased by
an order of the town board provided the town board shall, after a public
hearing,  determine  that  it is in the public interest to authorize the
increase of such maximum amount. The town board  shall  give  notice  of
such hearing by publication of a notice in at least one newspaper having
general  circulation  in  the  district specifying the time when and the
place where such hearing will be held and stating the increase  proposed
in  the  maximum  amount  to be expended annually.  Such notice shall be
published once at least ten days prior to the date  specified  for  such
hearing.  [The approval of the state comptroller to such increase in the
maximum amount to be expended annually shall not be required.]
  S  19.  Subdivision  5 of section 209-q of the town law, as amended by
chapter 521 of the laws of 1974, is amended to read as follows:
  5. Increase in maximum amount. At any time prior to the completion  of
a  sewer,  drainage or water improvement, the maximum amount proposed to
be expended for such sewer, drainage or water improvement, as stated  in
the  notice  of  public  hearing  pursuant  to subdivision three or four
[hereof] OF THIS SECTION, may be increased by an order of the town board
provided that the town board shall, after a public hearing held  in  the
manner  prescribed in subdivision three [hereof] OF THIS SECTION, deter-
mine that it is in the public interest to authorize the increase in such
maximum amount. [If it is proposed  or  required  that  the  town  shall
finance  the  increase in the maximum amount proposed to be expended for
the sewer, drainage or water  improvement  by  the  issuance  of  bonds,
notes,  certificates  or  other  evidences of indebtedness and the total
estimated expense of such improvement  including  the  increase  in  the
maximum  amount  shall  exceed  one-tenth  of one per centum of the full
valuation of the taxable real property in the area of the  town  outside
of  villages,  the  town  board  may  not make an order pursuant to this
subdivision unless the comptroller of the state of New York  shall  have
made,  subsequent to the public hearing required by this subdivision, an
order approving the increase at such maximum amount  as  stated  in  the
notice  of  hearing required by this subdivision. The order of the comp-
troller shall be prepared in duplicate and one copy thereof filed in the
office of the department of audit and control and the other copy in  the
office  of the town clerk of the town.] If the original authorization of

A. 1922                            13

the sewer, drainage or water improvement was  subject  to  a  permissive
referendum  pursuant  to  paragraph  (a)  of  subdivision eleven of this
section or made subject to a mandatory or permissive referendum pursuant
to paragraph (b) of subdivision eleven of this section, any order of the
town board increasing the maximum amount to be expended shall be subject
to  the  same  type  of  referendum.  The provisions of this subdivision
referring to a referendum[,]  shall  not  be  applicable  to  any  order
increasing  the  maximum  amount  to be expended for a sewer improvement
adopted by the town board of any town which  has  been  ordered  by  the
state  commissioner  of  health or water resources commission to provide
sewage treatment facilities or directing compliance  with  standards  or
determinations or orders promulgated pursuant to article [twelve] SEVEN-
TEEN of the [public health] ENVIRONMENTAL CONSERVATION law.
  S 20. Paragraph (d) of subdivision 6 of section 209-q of the town law,
as  added  by  chapter  567  of  the laws of 1973, is amended to read as
follows:
  (d) The town clerk shall cause a certified copy of any  resolution  or
order adopted pursuant to paragraph (c) of this subdivision, subdivision
five  or  paragraph (c) of subdivision eight of this section, or section
two hundred nine-r of this [chapter] ARTICLE to be duly recorded in  the
office  of  the  clerk of the county in which the town is located within
ten days after the adoption of such resolution[, or within ten  days  of
the  receipt  of  notification  of the approval of the state comptroller
where such approval is required by subdivision five or subdivision thir-
teen of this section].  When  so  recorded,  such  resolution  shall  be
presumptive  evidence  of  the regularity of the proceedings and actions
taken by the town board in relation thereto.
  S 21. Subdivision 13 of section 209-q of the town law is REPEALED  and
subdivision 14 is renumbered subdivision 13.
  S  22.  The  opening paragraph of paragraph 4 of section 104.10 of the
local finance law, as amended by chapter 469 of the  laws  of  1998,  is
amended to read as follows:
  Any  town  which,  without first obtaining the permission of the state
comptroller, shall have established or extended an improvement  district
prior  to  September  first, nineteen hundred forty-five, or which shall
establish or extend any such district after August  thirty-first,  nine-
teen  hundred  forty-five,  shall not issue its bonds, bond anticipation
notes or capital notes for the purposes of any such district  or  exten-
sion,  except  for  improvements  undertaken  pursuant  to  sections one
hundred ninety-nine[,] AND two  hundred  two-b  of  the  town  law,  and
section  222.5 of the Nassau county civil divisions act, and except when
the cost of the district or extension to the typical  property  [or,  if
different,  the  cost to the typical one or two family home is not above
the average cost threshold as may be  annually  computed  by  the  state
comptroller  pursuant  to section one hundred ninety-four or two hundred
nine-f of the town law], unless it secure the permission  of  the  state
comptroller,  granted  upon a written application signed and verified by
the supervisor or such other officer of the town as the town board shall
determine. Any such application shall include:
  S 23. This act shall take effect immediately and shall  apply  to  any
town  or  fire  district  which shall have filed an application with the
state comptroller prior to, on or after the effective date of this  act;
provided, however that the amendments made to paragraph a of subdivision
2  of  section  171  of the town law by section six of this act shall be
deemed to have been in full force and effect  on  and  after  April  24,
2005.