Legislation
SECTION 271
Limitations of amounts to be raised
Highway (HAY) CHAPTER 25, ARTICLE 10
§ 271. Limitations of amounts to be raised. The amounts to be raised
by tax upon the vote of a town board, as provided in this article, shall
be subject to the following limitations: 1. The amount to be levied and
collected in each year for the repair and improvement of highways,
including sluices, culverts and bridges having a span of less than five
feet and board walks or renewals thereof, on highways less than two rods
in width, shall not be less than the amount prescribed under subdivision
one of section one hundred and forty-one.
3. a. Unless duly authorized by vote at a special or biennial town
election, there shall not be levied and collected in any one year in any
town, for the purchase of stone crushers, power rollers, motor trucks,
scarifiers, concrete mixers, traction engines or road machines for
grading and scraping, equipment, tools and other implements, an amount
greater than as hereinafter specified, to wit:
(1) Two hundred thousand dollars in the towns of Colonie, Bethlehem
and Guilderland in Albany county, in the town of Carmel in Putnam
county, in the town of Greenburgh in Westchester county, in the towns of
Haverstraw, Clarkstown, and Stony Point in Rockland county, in the towns
of Riverhead, Southold and Southampton in Suffolk county, in the towns
of Camillus, Cicero, DeWitt, Manlius, Onondaga and Salina in Onondaga
county, in the town of Poughkeepsie, Dutchess county, or in any town of
the first class in Erie county.
(1-a) Four hundred thousand dollars in the towns of Babylon and Islip
in Suffolk county.
(1-b) One hundred fifty thousand dollars in the town of Cortlandville,
Cortland county.
(1-c) Notwithstanding the provisions of subparagraph one of this
paragraph, four hundred thousand dollars in the town of Amherst in Erie
county.
* (1-d) One million dollars in the town of Brookhaven in Suffolk
county for replacement of equipment or replacement for comparable use.
* NB There are 2 subpar (1-d)'s
* (1-d) Eight hundred thousand dollars in any town in Nassau county.
* NB There are 2 subpar (1-d)'s
(1-e) One million two hundred thousand dollars in the town of
Smithtown in Suffolk county.
(1-f) Four hundred thousand dollars in the town of Ramapo in Rockland
county to be used only for replacement of equipment or replacement for
comparable use.
(1-g) Six hundred fifty thousand dollars in the town of Orangetown in
Rockland county to be used only for replacement or repair of equipment
or replacement for comparable use.
(1-h) One million dollars in the town of Huntington in Suffolk county.
(2) One hundred thousand dollars in the towns of Geddes and Clay in
Onondaga county, in the towns of East Hampton and Shelter Island in
Suffolk county or in any town in Westchester county, except the town of
Greenburgh.
(2-a) Two hundred thousand dollars in any town of the first class in
Monroe county.
(2-b) One hundred thousand dollars for the town of Shawangunk in
Ulster County.
(2-c) One hundred twenty-five thousand dollars in the town of Maine in
the county of Broome.
(2-d) One hundred twenty-five thousand dollars in the town of
Colesville in the county of Broome.
(3) Seventy-five thousand dollars in any town in Orange county or in
Sullivan county.
(4) Sixty thousand dollars in any other town.
b. If duly authorized at a special or biennial town election the
increase of the amount of any limitation provided in paragraph a of this
subdivision shall continue in effect for succeeding fiscal years until
changed by a vote of a special or biennial town election.
c. The limitations contained in this subdivision shall not be
construed as limitations upon the amount of money which may be spent in
any fiscal year for any object or purpose described in this subdivision.
4. Not more than three thousand dollars shall be levied and collected
in any one year in any town for the repair or construction of any
highway or bridge which has been damaged or destroyed as provided in
section two hundred and sixty-nine or which has been condemned by the
department of transportation as provided in this chapter, unless by
unanimous consent of the town board, but in no case shall more than six
thousand dollars be levied and collected unless duly authorized by the
vote of a town meeting, except that in any town in the county of
Westchester by the unanimous consent of the town board, the sum of not
more than twelve thousand dollars may be levied and collected unless
duly authorized by the vote of a town meeting.
5. Notwithstanding the foregoing provisions of this section, if any
such town is located wholly or partly within the Adirondack park and has
within its boundaries state lands subject to taxation assessed at more
than thirty per centum of the total taxable assessed valuation of the
town as determined from the assessment rolls of the town, as completed
from time to time, it shall be necessary to obtain the consent of the
state comptroller, on behalf of the state, in addition to the unanimous
consent of the town board in order to exceed the limitations of
subdivisions two and four of this section, and in addition to the vote
of a special or biennial town election in order to exceed the
limitations of subdivision three of this section as fixed by such
subdivision three or as fixed prior to May first, nineteen hundred
forty-eight, by a special or biennial town election.
by tax upon the vote of a town board, as provided in this article, shall
be subject to the following limitations: 1. The amount to be levied and
collected in each year for the repair and improvement of highways,
including sluices, culverts and bridges having a span of less than five
feet and board walks or renewals thereof, on highways less than two rods
in width, shall not be less than the amount prescribed under subdivision
one of section one hundred and forty-one.
3. a. Unless duly authorized by vote at a special or biennial town
election, there shall not be levied and collected in any one year in any
town, for the purchase of stone crushers, power rollers, motor trucks,
scarifiers, concrete mixers, traction engines or road machines for
grading and scraping, equipment, tools and other implements, an amount
greater than as hereinafter specified, to wit:
(1) Two hundred thousand dollars in the towns of Colonie, Bethlehem
and Guilderland in Albany county, in the town of Carmel in Putnam
county, in the town of Greenburgh in Westchester county, in the towns of
Haverstraw, Clarkstown, and Stony Point in Rockland county, in the towns
of Riverhead, Southold and Southampton in Suffolk county, in the towns
of Camillus, Cicero, DeWitt, Manlius, Onondaga and Salina in Onondaga
county, in the town of Poughkeepsie, Dutchess county, or in any town of
the first class in Erie county.
(1-a) Four hundred thousand dollars in the towns of Babylon and Islip
in Suffolk county.
(1-b) One hundred fifty thousand dollars in the town of Cortlandville,
Cortland county.
(1-c) Notwithstanding the provisions of subparagraph one of this
paragraph, four hundred thousand dollars in the town of Amherst in Erie
county.
* (1-d) One million dollars in the town of Brookhaven in Suffolk
county for replacement of equipment or replacement for comparable use.
* NB There are 2 subpar (1-d)'s
* (1-d) Eight hundred thousand dollars in any town in Nassau county.
* NB There are 2 subpar (1-d)'s
(1-e) One million two hundred thousand dollars in the town of
Smithtown in Suffolk county.
(1-f) Four hundred thousand dollars in the town of Ramapo in Rockland
county to be used only for replacement of equipment or replacement for
comparable use.
(1-g) Six hundred fifty thousand dollars in the town of Orangetown in
Rockland county to be used only for replacement or repair of equipment
or replacement for comparable use.
(1-h) One million dollars in the town of Huntington in Suffolk county.
(2) One hundred thousand dollars in the towns of Geddes and Clay in
Onondaga county, in the towns of East Hampton and Shelter Island in
Suffolk county or in any town in Westchester county, except the town of
Greenburgh.
(2-a) Two hundred thousand dollars in any town of the first class in
Monroe county.
(2-b) One hundred thousand dollars for the town of Shawangunk in
Ulster County.
(2-c) One hundred twenty-five thousand dollars in the town of Maine in
the county of Broome.
(2-d) One hundred twenty-five thousand dollars in the town of
Colesville in the county of Broome.
(3) Seventy-five thousand dollars in any town in Orange county or in
Sullivan county.
(4) Sixty thousand dollars in any other town.
b. If duly authorized at a special or biennial town election the
increase of the amount of any limitation provided in paragraph a of this
subdivision shall continue in effect for succeeding fiscal years until
changed by a vote of a special or biennial town election.
c. The limitations contained in this subdivision shall not be
construed as limitations upon the amount of money which may be spent in
any fiscal year for any object or purpose described in this subdivision.
4. Not more than three thousand dollars shall be levied and collected
in any one year in any town for the repair or construction of any
highway or bridge which has been damaged or destroyed as provided in
section two hundred and sixty-nine or which has been condemned by the
department of transportation as provided in this chapter, unless by
unanimous consent of the town board, but in no case shall more than six
thousand dollars be levied and collected unless duly authorized by the
vote of a town meeting, except that in any town in the county of
Westchester by the unanimous consent of the town board, the sum of not
more than twelve thousand dollars may be levied and collected unless
duly authorized by the vote of a town meeting.
5. Notwithstanding the foregoing provisions of this section, if any
such town is located wholly or partly within the Adirondack park and has
within its boundaries state lands subject to taxation assessed at more
than thirty per centum of the total taxable assessed valuation of the
town as determined from the assessment rolls of the town, as completed
from time to time, it shall be necessary to obtain the consent of the
state comptroller, on behalf of the state, in addition to the unanimous
consent of the town board in order to exceed the limitations of
subdivisions two and four of this section, and in addition to the vote
of a special or biennial town election in order to exceed the
limitations of subdivision three of this section as fixed by such
subdivision three or as fixed prior to May first, nineteen hundred
forty-eight, by a special or biennial town election.