§ 209-f. Application for permission of state comptroller to establish
or extend district. 1. Unless it is proposed or required that the town
in which such district or extension is located shall finance the cost
thereof by the issuance of the bonds, notes, certificates or other
evidences of indebtedness of the town therefor, or shall assume the debt
service on obligations issued to finance the cost of facilities,
pursuant to subdivision twelve of section one hundred ninety-eight of
this chapter, and, if the state comptroller shall have computed average
estimated costs for similar types of districts, the cost of the district
or extension to the typical property or, if different, the cost of the
district or extension to the typical one or two family home as stated in
the notice of hearing is above the average estimated cost to the typical
properties or homes for the establishment or extension of similar types
of districts as may be annually computed by the state comptroller, the
permission of the state comptroller shall not be required for the
establishment or extension of a district and the construction of an
improvement or the providing of a service therein, including an increase
in the maximum amount proposed to be expended for the improvement in a
district, except as otherwise provided by section two hundred two-b of
this chapter. The state comptroller annually shall provide to towns
notice of the average cost thresholds as may be computed in accordance
with this section.

2. Where the permission of the state comptroller is not required
pursuant to this section and if the certificate of the town clerk
required to be filed pursuant to subdivision four of section two hundred
nine-e of this article 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.

3. (a) Except as otherwise provided in subdivision one of this
section, within ten days after the adoption of a resolution by a town
board approving the establishment or extension of a district and the
construction of an improvement or the providing of a service therein,
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 such other officer of the town as the town board shall
determine, and shall include the following:

(1) A certified copy of the notice of public hearing, with proof of
publishing and posting thereof as required by this article, and, in the
instance of a sewer, wastewater disposal, drainage or water district, of
the map, plan and report filed in the town clerk's office pursuant to
section two hundred nine-c;

(2) An itemized statement of the then outstanding indebtedness of the
town for all purposes, as evidenced by bonds, bond anticipation notes,
capital notes, deferred payment notes and budget notes; the amount of
budgetary appropriations for the payment of any such outstanding
indebtedness, whether or not such appropriations have been realized as
cash; the amount of indebtedness proposed to be contracted for the
improvement, and the amounts, purposes and probable dates of issuance of
any bonds, bond anticipation notes, capital notes, deferred payment
notes and budget notes which the town has authorized to be issued but
which in fact have not been issued on the date of such application;

(3) A statement of the aggregate assessed valuation of the real
property situated in the proposed district or extension thereof, as such
assessed valuations are shown on the last completed assessment roll of
the town prior to the date of such application;

(4) A statement of the average full valuation of the taxable real
property of the town. Such average full valuation shall be determined in
accordance with the provisions of the first paragraph of subdivision
seven-a of section 2.00 of the local finance law;

(5) A statement as to the manner in which it is proposed to finance
the cost of the improvement.

(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
application. At any time within fifteen days of the filing of the
application, the board of supervisors may file an objection, in writing,
in the office of the department of audit and control.

(c) Thereafter and subsequent to the filing in the office of the
county clerk and the department of audit and control of the certificate
required to be filed by the town clerk pursuant to subdivision four of
section two hundred nine-e of this article, the state comptroller shall
determine whether the public interest will be served by the
establishment 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
determinations 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.

4. Upon the expiration of fifteen days from the date of the filing of
such application with the clerk of the board of supervisors, the
comptroller shall make an order, in duplicate, granting or denying
permission for the establishment 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. If the certificate required to be
filed by the town clerk pursuant to the provisions of subdivision four
of section two hundred nine-e of this article states that the
proposition submitted at such referendum was disapproved, the
comptroller shall return the application to the town clerk without
taking any action thereon.

5. If the state comptroller shall deny permission for the
establishment or extension of the district, the town board shall
forthwith adopt an order terminating its proceedings in connection with
the proposed establishment or extension of such district. If the state
comptroller shall grant permission therefor, the town board shall adopt
a final order establishing the district or extension as the boundaries
shall be finally determined.