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