§ 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 growth control district, ambulance district,
harbor improvement district, public dock district, beach erosion control
district, watershed protection improvement 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.