S T A T E   O F   N E W   Y O R K
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    S. 5253                                                  A. 7866

                       2009-2010 Regular Sessions

                      S E N A T E - A S S E M B L Y

                             April 27, 2009
                               ___________

IN  SENATE  --  Introduced  by  Sen.  McDONALD -- read twice and ordered
  printed, and when printed to be committed to the  Committee  on  Local
  Government

IN  ASSEMBLY  -- Introduced by M. of A. JORDAN -- read once and referred
  to the Committee on Local Governments

AN ACT to authorize the town  of  Malta  to  form  the  Technology  Park
  Special Improvement District

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

  Section 1. 1. Notwithstanding  any  other  provision  of  law  to  the
contrary,  the  town of Malta in the county of Saratoga shall be author-
ized and enabled to form a special improvement district to be  known  as
the  "Technology  Park  Special  Improvement  District" (hereinafter the
"district"). The district shall be established in  accordance  with  the
procedural  provisions  for  the  establishment  of  special improvement
districts as provided in articles 12 and 12-A of the town law,  and  the
district  shall  be  authorized  and enabled to provide the services set
forth in this act.
  2. The district shall be comprised of all real  property  encompassing
the  Luther Forest Technology Campus Planned Development District estab-
lished by Local Law No. 6 of 2004 by the town of Malta,  as  such  local
law has been and may be from time-to-time amended.
  3.  Upon the establishment of the district, the town board of the town
of Malta shall provide maintenance, repair and replacement of any  road-
ways and rights-of-way owned by the town of Malta within the district.
  4.  Upon  resolution  by  the  town  board  of  the town of Malta, the
district  may  repair,  construct,  operate,  maintain,  monitor  and/or
replace:
  a. multi-use trails and sidewalks;
  b. street, trail and sidewalk lighting;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11473-01-9
              

S. 5253                             2                            A. 7866

  c. landscaping;
  d. stormwater management systems; and
  e. wetland mitigation areas.
  The  town  of Malta may also terminate one or more of such benefits or
services by a resolution of its town board.
  5. The costs and expenses of the operation of the  district  shall  be
paid through the levy of special assessments upon all lots or parcels of
land  within the district in proportion to the benefit derived therefrom
as determined by the town board of the town of Malta annually.
  6. The town board of the town of  Malta  shall  be  assisted  in  this
regard  by  an  advisory  board  consisting  in part of the town highway
superintendent, the town comptroller, and a representative of the Luther
Forest Technology Campus Landowner's Association.  The  board  shall  be
advisory  only,  and shall have no authority to compel any action on the
part of the town of Malta.
  7. No landowner within the district, whether municipal  or  otherwise,
shall  be  exempt  from  full  assessment  for the benefits and services
provided by the district authorized by this act, other  than  roads  and
rights-of-way owned or maintained by the town of Malta.
  8.  The  town  of  Malta  may  terminate  the  district by resolution,
provided however, no less than sixty days written notice shall be  given
to all real property owners within the district.
  S  2.  Severability.  If  any provision of this act or the application
thereof to any person or circumstance is adjudged invalid by a court  of
competent  jurisdiction,  such  judgment  shall not affect or impair any
other provisions or applications of this act which can be effected with-
out the invalid provision or application, and to this end the provisions
of this act are severable.
  S 3. This act shall take effect immediately.