S. 4418 2 A. 6429
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 main-
tained pursuant to subdivision 6 of section 30 of the town law, not less
than ten nor more than twenty days before the day designated for the
hearing as aforesaid. 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
the zone to the typical property and, if different, the typical one or
two family home was computed.
3. The expense of the establishment of the old filed map substandard
road zone and providing improvements therefor, shall be assessed, levied
and collected from the several lots and parcels of land within the town
of Southampton for each purpose in the same manner and at the same time
as other town charges, except as otherwise provided by law.
(a) Any costs associated with the establishment of the zone, including
the cost of any services or improvements thereon, incurred within the
first two years of the existence of the zone shall be paid for by the
owners of taxable real property that is located within the zone. If only
a portion of a parcel is situated within the zone, the town board shall
determine the proportion of the costs to be borne by the owner of such
parcel.
(b) All costs associated with the establishment of the zone, including
the cost of any services or improvements thereon, incurred after the
first two years of the existence of the zone shall be paid for by all of
the owners of taxable real property of the town. If only a portion of a
parcel is situated within the town, the town board shall determine the
proportion of the costs to be borne by the owner of such parcel.
4. Upon petitions, as hereinafter provided, the town board may
dissolve and discontinue the old filed map substandard road zone
provided that there is no indebtedness, outstanding and unpaid, incurred
to accomplish any of the purposes of such zone. Such petition shall be
signed by resident owners of taxable real property aggregating at least
one-half of all the taxable real property of the town owned by resident
owners according to the latest completed assessment roll of the town,
and acknowledged or proved in the same manner as a deed to be recorded,
or authenticated in the manner provided by the election law for the
authentication of nominating petitions. When any such petition contain-
ing the required signatures shall have been presented, the town board
shall adopt an order and enter the same in the minutes of its
proceedings, reciting in general terms the filing of the petition, and
specifying the purpose thereof, the name and boundaries of the zone and
the time when and place where said board will meet to consider the peti-
tion and to hear all persons interested in the subject thereof concern-
ing the same. If the petition shall propose that the area of the zone be
diminished, the order shall also describe the portion of the zone to be
eliminated. 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
cause a copy thereof to be posted on the sign-board of the town main-
tained pursuant to subdivision 6 of section 30 of the town law not less
than ten nor more than twenty days before the day designated for the
hearing as aforesaid. If the town board shall determine, after such
hearing and upon the evidence given at such hearing, that it is in the
public interest to dissolve the zone or to diminish the area thereof,
the town board shall adopt an order accordingly dissolving the zone or
S. 4418 3 A. 6429
diminishing its area. If there are any contracts to accomplish the
purpose of such zone in force and effect, the town board shall not
dissolve such zone, nor diminish the area thereof, prior to the expira-
tion of such contracts.
5. Two petitions shall be required for the establishment of the old
filed map substandard road zone. One petition shall be signed by the
owners of taxable real property situate in the town of Southampton,
owning in the aggregate at least one-half of the assessed valuation of
all the taxable real property of such town, as shown upon the latest
completed assessment roll of said town; the second petition shall be
signed by the owners of taxable real property situate in the town of
Southampton, owning in the aggregate at least one-half of the assessed
valuation of all the taxable real property of the proposed zone, as
shown upon the latest completed assessment roll of said town; provided,
however, that if there be any resident owners, the petition shall
include the signatures of resident owners owning taxable real property
aggregating at least one-half of the assessed valuation of all the taxa-
ble real property of the town owned by resident owners, according to the
latest completed assessment roll. If only a portion of a parcel of such
real estate appearing upon the assessment roll is situate within the
town or zone thereof, then the town board may determine the relative
value of the part thereof within the town or zone based upon the valu-
ation of the entire parcel as the same appears upon the assessment roll.
Such petitions shall describe the boundaries of the proposed zone in a
manner sufficient to identify the lands included therein as in a deed of
conveyance, and shall be signed by the petitioners, and acknowledged or
proved in the same manner as a deed to be recorded, or authenticated in
the manner provided by the election law for the authentication of nomi-
nating petitions. If such petitions shall request the construction or
acquisition of an improvement, they shall state the maximum amount
proposed to be expended therefor. If the petitions shall not request the
construction or acquisition of an improvement but shall propose the
performance or supplying of certain services, they may state the maximum
amount to be expended annually for such services.
S 2. For purposes of this act, the following terms shall have the
following meanings:
1. 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 zone or town of Southampton
that will be required to finance the cost of the proposed improvements;
2. 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 zone
or town of Southampton that will be required to finance the cost of the
proposed improvements;
3. the terms "cost of the zone to the typical property" and "cost of
the zone 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 zone or town of Southampton will be required to pay for debt
service, operation and maintenance and other charges for at least the
first five years of existence of the zone; and
4. 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.
S. 4418 4 A. 6429
S 3. 1. After a hearing held upon notice as hereinbefore provided and
upon the evidence given thereat, the town board shall determine by
resolution: (a) whether the petitions are signed, and acknowledged or
proved, or authenticated, as required by law and are otherwise suffi-
cient; (b) whether all the property and property owners within the
proposed zone are benefited thereby;(c) whether all the property and
property owners benefited are included within the limits of the proposed
zone; and (d) whether it is in the public interest to grant in whole or
in part the relief sought.
2. (a) If the town board shall determine that the petitions are not
signed, and acknowledged or proved, or authenticated, as required by law
or that they are otherwise insufficient, or if it is determined that it
is not in the public interest to grant in whole or in part the relief
sought, the town board shall deny the petitions.
(b) If the town board shall determine that the petitions are signed,
and acknowledged or proved, or authenticated, as required by law and are
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 zone
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 zone to
be made in order that all of the property and property owners and only
such property and property owners as are benefited shall be included
within such proposed zone, 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 193 of the
town law except that such notice shall also specify the manner in which
it is proposed to alter the boundaries of the proposed zone. 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 establish-
ment of the zone 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 shall be adopted unless the petitions
shall comply with the requirements of section 191 of the town law as to
sufficiency of signers as the boundaries of the proposed zone shall be
finally determined.
3. (a) Within ten days after the adoption of a resolution by a town
board approving the establishment of the zone 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 such zone. 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 petitions (omitting, however, the signa-
tures, and acknowledgments or proofs, or authentications);
(2) An itemized statement of the then outstanding indebtedness of the
town for all purposes, as evidenced by bonds, bond anticipation notes,
capital notes and budget notes; the amount of joint indebtedness
contracted or incurred for a joint service or a joint water, sewage or
drainage project and the amount of such indebtedness allocated and
S. 4418 5 A. 6429
apportioned to the town, as defined in title 1-A of article 2 of the
local finance law; the amount of the indebtedness proposed to be
contracted for the improvement; the amount of budgetary appropriations
for the payment of any such indebtedness, whether or not such appropri-
ations have been realized as cash, and the amounts, purposes and proba-
ble dates of issuance of any bonds, bond anticipation notes, capital
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 prop-
erty situated in the proposed zone 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 paragraph 7-a
of section 2.00 of the local finance law; and
(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 zone 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. In addition, the state comptroller
shall determine whether the public interest will be served by the
creation of the zone and also whether the cost thereof will be an undue
burden upon the property of the proposed zone. The state comptroller may
make such determinations upon the original or any amended application,
or in his or her discretion may require the submission of additional
information or data in such form and detail as he or she shall deem
sufficient, or may cause an investigation to be made, to aid him or her
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 and upon
reaching a determination, the state comptroller shall make an order, in
duplicate, granting or denying permission for the creation of the zone
and shall file one copy of such order in the office of the state depart-
ment 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 zone is
located. The town clerk shall present such order to the town board of
the town at the next meeting thereof.
5. If the state comptroller shall deny permission for the creation of
the zone, the town board shall forthwith adopt an order denying the
petitions. If the state comptroller shall grant permission therefor, the
town board may adopt an order establishing the zone as the boundaries
shall be finally determined.
6. Except as otherwise provided by section 202-b of the town law, the
permission of the state comptroller shall not be required for the estab-
lishment of a zone and the construction of an improvement or the provid-
ing of a service therein, including an increase in the maximum amount
proposed to be expended for the improvement in a zone, unless it is
proposed or required that the town in which such zone is located shall
finance the cost thereof by the issuance of the bonds, notes, certif-
icates or other evidences of indebtedness of the town therefore or it is
S. 4418 6 A. 6429
proposed that debt service on obligations issued to finance the costs of
facilities acquired be assumed, pursuant to section 198 of the town law,
and, if the state comptroller shall have computed average estimated
costs for similar types of zones, the cost of the zone to the typical
property or, if different, the costs of the zone to the typical one or
two family home, as stated in the notice of hearing, is above the aver-
age estimated cost to typical properties or homes for the establishment
of similar types of zones as may be annually computed by the state comp-
troller. The state comptroller annually shall provide to towns notice of
the average cost thresholds as may be computed in accordance with this
section.
S 4. Upon the adoption of a resolution, the town board of any town may
enter into such contracts, as it may deem necessary, with any person,
corporation or association for the purpose of ensuring that the cost of
any old filed map substandard road zone will not constitute an undue
burden upon the property within such zone and may require the filing of
a surety bond or bonds or the deposit of cash or securities with the
town board to ensure the performance of such contracts.
S 5. 1. The town clerk shall cause a certified copy of the determi-
nation or order of the town board adopted pursuant to the provisions of
this act, establishing, extending, dissolving or diminishing any zone,
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 order or
determination by the town board, and when so recorded such determination
or order shall be presumptive evidence of the regularity of the
proceedings for the establishment, extension, dissolution or diminution
of such zone. Within ten days after the adoption of a determination or
order by the town board establishing, extending, dissolving or diminish-
ing a zone, the town clerk shall cause a certified copy thereof to be
filed in the office of the state department of audit and control at
Albany, New York.
2. Any interested person aggrieved by any final determination or order
made pursuant to the provisions of this act may review the same by
certiorari provided that the application for such order of certiorari is
made within thirty days from the date of the recording of the certified
copy of the order or determination in the office of the clerk of the
county. The said determination or order shall be final and conclusive
unless application has been made for review by certiorari within thirty
days from the time of recording thereof. No review shall be had unless
at the time of the application for a certiorari order the interested
person seeking the review shall give an undertaking approved by the
supreme court, or a justice thereof, as to form, amount and sufficiency
sureties, that, in the event of failure to modify said final determi-
nation or order he, she or they will pay to the town board, all such
costs and expenses as are incurred by it on account of the said certior-
ari proceedings, as shall be determined by the court. In the event that
upon such review there shall be any modification by the court of said
final determination or order the court shall direct the modification
thereof by order which shall be final and conclusive and such town board
shall cause such order to be recorded and filed in the same places and
manner as was the determination or order appealed from.
S 6. If the town board shall upon the petitions determine to grant the
relief sought by the petitioners and establish a zone either in whole or
in part, or if the town board shall determine to establish a zone on its
own motion without petitions but after a public hearing and subject to a
permissive referendum as provided in article 12-A of the town law, the
S. 4418 7 A. 6429
town board shall, after such determination becomes effective, require
the town engineer, or an engineer employed for that purpose, to prepare
definite plans and specifications for the improvement, a careful esti-
mate of the expense, and, with the assistance of the town attorney, or
an attorney employed for that purpose, a proposed contract or contracts
for the execution of the work, and to file the same with the town clerk
within a time to be prescribed by the said town board. Thereupon the
said board shall examine such definite plans, specifications, estimates
and the proposed contract or contracts, and may make such modifications
and changes in the plans, specifications, estimates and contract or
contracts as to the board shall seem expedient, and thereupon the board
may adopt or reject the same. If the estimated expense of the improve-
ment does not exceed the amount specified for public work in subdivision
1 of section 103 of the general municipal law, the board may adopt such
plans and specifications and cause said improvement to be made or may
enter into a contract or contracts therefor without giving public notice
thereof. If the estimated expense exceeds such amount, upon adopting
the plans and specifications, the board shall invite sealed proposals
for furnishing the material and labor necessary by the publication of a
notice at least once in the official paper and in such other newspaper
as to the board may seem expedient, requiring all persons who shall
offer to do said work to file a sealed proposal or offer to do the work,
and with it a certified check for a sum equal to five per centum of the
estimated expense of the improvement, payable to the order of the super-
visor, or a bond with sufficient sureties, to be approved by the super-
visor, in a penal sum equal to five per centum of the estimated expense
of the improvement, conditioned that if his or her proposal is accepted
he or she will enter into a contract for the same, and that he or she
will execute such further security as may be required for the faithful
performance of the contract. If a person or corporation making such
proposal shall fail to enter into a contract pursuant to the require-
ments of the board, or shall fail to give the further security which may
be prescribed in said notice, within the time to be limited therein,
then the check deposited as aforesaid and the moneys standing to the
credit of the same shall be forfeited to the town as liquidated damages
and not as a penalty, and the supervisor shall collect the same or
enforce the payment of the bond for the benefit of the town. The notices
inviting sealed proposals shall specify a time when and place where they
will be received and considered and they shall be received and consid-
ered publicly at such time and place. There shall be at least ten and
not more than thirty days between the first publication of the notice
and the time when the proposals will be received, and during that time
the plans and specifications for the work shall be exhibited publicly in
the office of the town clerk. It shall be the duty of the town clerk to
provide that all persons desiring to examine the same shall have reason-
able opportunity to do so, and that there shall be no discrimination in
favor of any person or persons in the opportunity to make proper exam-
ination of said plans and specifications. The town board may award one
contract for the entire work or separate contracts for portions thereof.
The board shall determine the lowest responsible bidder or bidders whose
bid and check or bond shall have been made and filed in conformity with
this section and with the notice published by the board as aforesaid,
and the contract or contracts shall be awarded to the lowest responsible
formal bidder therefor, unless in the judgment of the board it shall be
in the interests of the town to reject all bids and to advertise anew.
In that event, the board shall proceed accordingly. In no event shall
S. 4418 8 A. 6429
any contract be awarded if the total expense of the improvement shall
exceed the maximum amount stated in the petitions or in the final order,
if the town board proceeded under article 12-A of the town law. Nothing
in this section shall be construed to prevent the town from performing
any such work or part thereof by or through its regular employees and
the cost thereof shall be considered as part of the expense of the
improvement.
S 7. 1. The expense of any public improvement made under authority of
article 12 of the town law shall include the amount of all contracts,
the costs of all lands and interests therein necessarily acquired
including the total payments of principal remaining on obligations
assumed pursuant to paragraph (b) of subdivision 12 of section 198 of
the town law, the costs of erection of necessary buildings for operation
or administration of the improvement, printing, publishing, interest on
loans, legal and engineering services and all other expenses incurred or
occasioned by reason of the improvement or project. The town board, upon
the submission of a verified statement of the cost of preparation of the
map and plan accompanying the petitions for the establishment of a zone,
and upon the submission of a verified statement of the cost to petition-
ers for legal services rendered in a proceeding for establishment of the
zone, may refund to the petitioners the reasonable cost thereof and
include the amount or amounts refunded as a part of the cost of the
improvement. In addition, the town board may apportion against and
charge to the cost of making any improvement an allowance for any
services rendered by the town attorney, town engineer or any salaried
town employee, when such services have been necessary to or occasioned
by reason of the making of the particular improvement.
2. Except as provided in section 204 of the town law, in all zones in
which assessments have heretofore been levied upon an ad valorem basis,
assessments shall hereafter be levied upon the same basis. In all zones
in which assessments have heretofore been levied upon a benefit basis,
assessments shall hereafter be levied upon the same basis.
S 8. After the zone is constructed and completed, it shall be main-
tained by the town board and the expense of such maintenance shall be a
charge upon the owners of taxable real property in the zone or in the
town, as the case may be pursuant to subdivision three of section one of
this act.
1. If the expense of such improvement is required by subdivision three
of section one of this act to be assessed, levied and collected from the
several lots and parcels of land in the same manner and at the same time
as other town charges, the expense of maintenance of such zone shall be
assessed, levied and collected in like manner.
2. The town board shall annually prepare detailed estimates in writing
of the anticipated revenues and expenditures for such zone for the
purpose of determining the amount of money required to meet the expense
of maintaining the zone for the fiscal year commencing on the first of
January next succeeding. Such estimate may contain for contingent
purposes, an amount not to exceed ten per centum of the amount estimated
as necessary to meet the expense of maintaining the zone exclusive of
the amount necessary to pay debt service and judgments.
3. After such annual estimates have been prepared, the town board
shall annually assess the amount of the estimate of expenditures, less
the estimate of revenues as set forth in the estimate so prepared, on
the lots and parcels of land against which the expense of the zone was
charged, in proportion as nearly as may be to the benefit which each lot
or parcel will derive therefrom and shall prepare an assessment roll
S. 4418 9 A. 6429
which shall describe each such lot or parcel of land in such manner that
the same may be ascertained and identified and shall show the name or
names of the reputed owner or owners thereof, and the aggregate amount
of the assessment levied upon such lot or parcel of land. The town board
shall file such estimates and the assessment roll with the town clerk
between the first and the fifteenth days of September in each year.
4. The town board may apportion against and charge to the expense of
maintaining any zone an allowance for any services rendered by any town
officer or employee when such services have been necessary to and occa-
sioned by reason of the maintenance of the zone, or the town board may
separately compensate any town officer or employee for services neces-
sary to or occasioned by reason of the maintenance of the zone and
include the amount so paid in the expense of such maintenance.
S 9. This act shall take effect on the sixtieth day after it shall
have become a law.