senate Bill S4605A

Signed By Governor
2011-2012 Legislative Session

Relates to the establishment, extension, powers and expenses of watershed protection improvement districts

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Archive: Last Bill Status Via A7119 - Signed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Aug 17, 2012 signed chap.378
Aug 06, 2012 delivered to governor
Jun 21, 2012 returned to assembly
passed senate
3rd reading cal.1457
substituted for s4605a
Jun 21, 2012 substituted by a7119a
ordered to third reading cal.1457
committee discharged and committed to rules
Apr 23, 2012 print number 4605a
amend and recommit to local government
Jan 04, 2012 referred to local government
Apr 13, 2011 referred to local government

Votes

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Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S4605 - Bill Details

See Assembly Version of this Bill:
A7119A
Law Section:
Town Law
Laws Affected:
Amd §§190, 193, 198, 202, 202-b, 209-a & 209-d, Town L

S4605 - Bill Texts

view summary

Relates to the establishment, extension, powers and expenses of watershed protection improvement districts.

view sponsor memo
BILL NUMBER:S4605

TITLE OF BILL:
An act
to amend the town law, in relation to the establishment, extension,
powers and expenses of watershed protection improvement districts

PURPOSE:
Allows town boards of any town to establish or extend a watershed
protection improvement district.

SUMMARY OF PROVISIONS:
Amendments to the Town Law relating to the establishment, extension,
powers and expenses of watershed protection improvement districts.

JUSTIFICATION:
New York State's surface, ground and drinking water resources are
continually threatened by pollution. Many rivers, streams, lakes,
reservoirs and estuarine waters do not meet their current designated
uses. Approximately 34% of New York's estuarine waters are
categorized as impaired; 44% of New York's lake and reservoir acres
are categorized as being impaired or threatened.

Contaminants from storm water runoff and ineffective sanitary septic
systems such as excess nutrients, bacteria, toxic substances and
sediment can cause excessive algae growth, close bathing beaches and
shell fishing areas, harm aquatic life and contaminate drinking water.

Best management practices designed to capture, treat and infiltrate
runoff will limit the volume of storm water and amount of pollutants
reaching our water bodies. Replacing out-dated sanitary septic
systems, especially in nutrient sensitive areas and areas with high
groundwater tables, will minimize nutrient loadings to groundwater
and groundwater-fed surface waters.

Towns and private homeowners do not have the funds, individually, to
undertake these important measures. Watershed protection improvement
districts will create a dedicated, sustainable local funding source,
with equitable shared costs.

Through watershed protection improvement districts, Town are able to
raise funds to undertake municipal storm water treatment, drainage
and infiltration projects. Towns will also be able to use district
funds to provide rebates and incentives to homeowners for septic
system upgrades,=, alternative septic system, conservation
landscaping, storm water collection devices and natural shorelines
and shoreline buffers.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None to the State.

EFFECTIVE DATE:
Immediately.


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

    S. 4605                                                  A. 7119

                       2011-2012 Regular Sessions

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

                             April 13, 2011
                               ___________

IN  SENATE  --  Introduced by Sens. LAVALLE, JOHNSON, MARCELLINO -- read
  twice and ordered printed, and when printed to  be  committed  to  the
  Committee on Local Government

IN  ASSEMBLY -- Introduced by M. of A. THIELE, GALEF, MAISEL, McDONOUGH,
  MONTESANO, MURRAY, ROBERTS, SCHIMEL, WEISENBERG, WEPRIN -- Multi-Spon-
  sored by -- M. of A. GOODELL, McKEVITT,  P. RIVERA,  SAYWARD  --  read
  once and referred to the Committee on Local Governments

AN  ACT  to amend the town law, in relation to the establishment, exten-
  sion,  powers  and  expenses  of  watershed   protection   improvement
  districts

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

  Section 1. Section 190 of the town law, as amended by  chapter  24  of
the laws of 1988, is amended to read as follows:
  S  190.  Establishment  or  extension of improvement districts. Upon a
petition as hereinafter provided, the town board of any town may  estab-
lish  or  extend  in  said  town a sewer, drainage, water, water quality
treatment, park, public parking, lighting, snow removal,  water  supply,
sidewalk,  a  fallout  shelter  district or refuse and garbage district,
aquatic plant growth control  district,  ambulance  district,  WATERSHED
PROTECTION  IMPROVEMENT  DISTRICT,  and  in  any  town bordering upon or
containing within its boundaries any navigable waters of this  state,  a
harbor  improvement  district,  a public dock district, or beach erosion
control district, and provide improvements or services, or both, in  any
such  district,  wholly  at  the  expense  of the district; but no water
supply district shall be established or extended to include lands  situ-
ate within the boundaries of a water district. No such district shall be
established  or  extended  in  a  city  or  in  an  incorporated village
provided, however, that such a district may be established  or  extended
wholly  or  partly  within  an  incorporated  village  on consent of the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09908-01-1

S. 4605                             2                            A. 7119

village expressed in a local law, ordinance or resolution, subject to  a
referendum  on  petition under section twenty-four of the municipal home
rule law or a permissive referendum under article nine  of  the  village
law,  as  the  case  may  be, and except, in the case of a water quality
treatment district, on consent of a village expressed in a local law  or
by  resolution  of the board of trustees and not subject to any referen-
dum.
  S 2. Paragraph a of subdivision 1 of section 193 of the town  law,  as
amended  by  section  18 of part X of chapter 62 of the laws of 2003, is
amended to read as follows:
  a. Whenever a petition shall be presented to the town  board  pursuant
to this article, for the establishment or extension of a sewer, wastewa-
ter  disposal,  drainage,  water,  water quality treatment, park, public
parking, lighting, snow removal,  water  supply,  sidewalk,  refuse  and
garbage,  aquatic  plant  growth  control  district, ambulance district,
harbor improvement district, public dock district, beach erosion control
district, WATERSHED PROTECTION IMPROVEMENT DISTRICT, or a fallout  shel-
ter  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  main-
tained  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.
  S 3. Section 198 of the town law is amended by adding a  new  subdivi-
sion 10-g to read as follows:
  10-G.  WATERSHED  PROTECTION  IMPROVEMENT  DISTRICT. AFTER A WATERSHED
PROTECTION IMPROVEMENT DISTRICT HAS BEEN ESTABLISHED, THE TOWN BOARD MAY
TAKE SUCH ACTION AS MAY BE REQUIRED TO ADOPT  PLANS  AND  SPECIFICATIONS
AND  ENTER  INTO  A CONTRACT OR CONTRACTS, OR TAKE SUCH OTHER ACTIONS AS
MAY BE REQUIRED, FOR THE  PROTECTION  AND  RESTORATION  OF  GROUNDWATER,
SURFACE  WATERS,  AND DRINKING WATER QUALITY AS IT MAY DEEM TO BE NECES-
SARY OR DESIRABLE, INCLUDING BUT NOT  LIMITED  TO  STORMWATER  TREATMENT
PROJECTS AND WETLAND CONSTRUCTION. SUCH DISTRICT SHALL ALSO BE EMPOWERED
TO  PROVIDE  REBATES  TO  PROPERTY  OWNERS  IN  THE  DISTRICT TO PROMOTE
WATERSHED  PROTECTION,  INCLUDING  BUT  NOT  LIMITED  TO  SEPTIC  SYSTEM
UPGRADES, ALTERNATIVE SEPTIC SYSTEMS, CONSERVATION LANDSCAPING, STORMWA-

S. 4605                             3                            A. 7119

TER COLLECTION, RESTORATION OF NATURAL SHORELINES AND SHORELINE BUFFERS,
AND REMOVAL OF IMPERMEABLE SURFACES.
  S 4. Subdivision 3 of section 202 of the town law, as amended by chap-
ter 658 of the laws of 1990, is amended to read as follows:
  3.  The expense of the establishment of a park, public parking, water,
lighting, snow removal, water supply, water, water storage and  distrib-
ution,  sidewalk,  refuse  and  garbage,  aquatic  plant  growth control
district, ambulance district,  harbor  improvement  district,  WATERSHED
PROTECTION  IMPROVEMENT  DISTRICT, public dock district, fallout shelter
district, or beach erosion control district, and providing  improvements
or  services, or both, therefor, and of constructing lateral water mains
pursuant to paragraph (b) of subdivision  one  of  section  one  hundred
ninety-nine,  shall  be  assessed, levied and collected from the several
lots and parcels of land within the district for  each  purpose  in  the
same manner and at the same time as other town charges, except as other-
wise  provided  by  law. In the event that any order adopted pursuant to
section two hundred nine-d of this chapter for the  establishment  of  a
water  district,  sidewalk district, a public parking district, a refuse
and garbage district, an aquatic plant growth control district, lighting
district, WATERSHED PROTECTION IMPROVEMENT DISTRICT,  or  beach  erosion
and  control  district  or  that any petition for the establishment of a
water district, sidewalk district, a public parking district,  a  refuse
and garbage district, an aquatic plant growth control district, lighting
district,  or  beach erosion control district, shall contain a statement
that the cost of constructing  the  water  system,  sidewalks,  lighting
system,  or  acquiring  and  improving  lands  for public parking or for
refuse and garbage  purposes  or  for  beach  erosion  control,  OR  FOR
WATERSHED  PROTECTION  IMPROVEMENT  DISTRICT or for aquatic plant growth
control, shall be assessed by the town board in proportion as nearly  as
may  be  to  the benefit which each lot or parcel will derive therefrom,
the amount to be raised for the payment of the principal and interest of
the bonds issued for the construction of the  water  system,  sidewalks,
lighting  system, or acquiring and improving lands for public parking or
for refuse and garbage purposes or for beach  erosion  control,  or  for
aquatic  plant  growth  control, OR FOR WATERSHED PROTECTION IMPROVEMENT
DISTRICT pursuant to such petition or order, shall be  assessed  on  the
lands within such district in the same manner as provided in the case of
trunk  sewers.  The expense of constructing lateral water mains pursuant
to paragraph (c) of subdivision one of section one  hundred  ninety-nine
shall  be  assessed,  levied  and  collected  from  the several lots and
parcels of land within the district in proportion to the  area  of  such
lot or parcel of land to the total area of the district.
  S  5.  Subdivision  2  of section 202-b of the town law, as amended by
chapter 511 of the laws of 1989, is amended to read as follows:
  2. The town board may, on behalf of a park, public parking, ambulance,
lighting, snow removal,  refuse  and  garbage,  public  dock,  WATERSHED
PROTECTION  IMPROVEMENT DISTRICT, or beach erosion control district, and
within the limitations of section one hundred ninety-eight of this chap-
ter, acquire additional apparatus and equipment  and  replace  obsolete,
inadequate,  damaged, destroyed or worn-out apparatus and equipment, and
it may construct additional  facilities  and  appurtenances  thereto  or
reconstruct or replace obsolete, inadequate, damaged, destroyed or worn-
out  facilities  and  appurtenances  thereto.  Such expenditure shall be
authorized in the manner provided in subdivision one  [hereof]  OF  THIS
SECTION,  except that the map and plan described by said subdivision one
shall not be  required.  However,  nothing  herein  contained  shall  be

S. 4605                             4                            A. 7119

construed  to  limit  or supersede the provisions of section seventy-two
hundred three of the education law.
  S  6.  Subdivision  1  of section 209-a of the town law, as amended by
chapter 397 of the laws of 1995, is amended to read as follows:
  1. the term "improvement district" shall include only a sewer,  waste-
water  disposal,  drainage,  water, park, public parking, lighting, snow
removal, water supply,  sidewalk,  refuse  and  garbage,  aquatic  plant
growth  control,  OR  WATERSHED PROTECTION IMPROVEMENT DISTRICT or ambu-
lance district in any town, and, in any town bordering upon or  contain-
ing  within  its  boundaries  any navigable water of this state a public
dock or beach erosion control district;
  S 7. Subdivision 1 of section 209-d of the town  law,  as  amended  by
chapter 397 of the laws of 1995, is amended to read as follows:
  1.  Subsequent  to the date of the filing of the map, plans and report
in the office of the town clerk  as  required  in  section  two  hundred
nine-c  of  this article the town board may adopt an order and enter the
same in the minutes of its proceedings reciting  a  description  of  the
boundaries  of the proposed district or extension in a manner sufficient
to identify the lands included therein as in a deed of  conveyance,  the
improvements  proposed,  the  maximum amount proposed to be expended for
the improvement, 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, the proposed method of
financing to be employed, the fact that a map, plan and report  describ-
ing  the  same  are  on  file  in  the  town  clerk's  office for public
inspection and specifying the time when and the place where  said  board
will  meet  and  hold a public hearing to hear all persons interested in
the subject thereof, concerning the same.  If such order  proposes  only
the performance or supplying of certain services, it may state the maxi-
mum  amount  to  be expended annually for such services. The board shall
cause a copy of such order 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 afore-
said, and shall also cause a copy thereof to be posted on the sign-board
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. Such order may further state
such place other than the town clerk's office where the  map,  plan  and
report  may  be  examined  in  advance of the hearing, if the town board
determines that, in the public interest, some other additional place  is
necessary or desirable. If a water district, sidewalk district, a public
parking  district,  a  refuse and garbage district, aquatic plant growth
control district, WATERSHED PROTECTION  IMPROVEMENT  DISTRICT  or  beach
erosion control district is proposed, such order may contain a statement
that  the  cost of constructing the water system, sidewalks or acquiring
lands for public parking or for refuse and garbage purposes, or  aquatic
plant  growth  control  purposes  or  for  beach  erosion control OR FOR
WATERSHED PROTECTION IMPROVEMENT PURPOSES shall be assessed by the  town
board in proportion as nearly as may be to the benefit which each lot or
parcel will derive therefrom. Prior to the publication 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.
  S 8. This act shall take effect immediately.

Co-Sponsors

S4605A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A7119A
Law Section:
Town Law
Laws Affected:
Amd §§190, 193, 198, 202, 202-b, 209-a & 209-d, Town L

S4605A (ACTIVE) - Bill Texts

view summary

Relates to the establishment, extension, powers and expenses of watershed protection improvement districts.

view sponsor memo
BILL NUMBER:S4605A

TITLE OF BILL:

An act to amend the town law, in relation to the establishment, exten-
sion, powers and expenses of watershed protection improvement districts

PURPOSE:

Allows town boards of any town to establish or extend a watershed
protection improvement district.

SUMMARY OF PROVISIONS:

Amendments to the Town Law relating to the establishment, extension,
powers and expenses of watershed protection improvement districts.

JUSTIFICATION:

New York State's surface, ground, and drinking water resources are
continually threatened by pollution. Many rivers, streams, lakes, reser-
voirs, and estuarine waters do not meet their current designated uses.
Approximately 34% of New York's estuarine waters are categorized as
impaired; 44% percent of New York's lake and reservoir acres are cate-
gorized as being impaired or threatened.

Contaminants from stormwater runoff and ineffective sanitary septic
systems such as excess nutrients, bacteria, toxic substances, and sedi-
ment can cause excessive algae growth, close bathing beaches and shellf-
ishing areas, harm aquatic life, and contaminate drinking water.

Best management practices designed to capture, treat. and infiltrate
runoff will limit the volume of stormwater and amount of pollutants
reaching our waterbodies. Replacing out-dated sanitary septic systems.
especially in nutrient sensitive areas and areas with high groundwater
tables, will minimize nutrient loadings to groundwater and groundwater-
fed surface waters.

Towns and private homeowners do not have the funds, individually, to
undertake these important measures. Watershed protection improvement
districts will create a dedicated, sustainable local funding source,
with equitable shared costs.

Through watershed protection improvement districts, Towns are able to
raise funds to install and maintain the following efforts: storm water
treatment, drainage and infiltration projects, septic system upgrades,
alternative septic systems, conservation landscaping, storm water
collection devices, and natural shorelines and shoreline buffers.

LEGISLATIVE HISTORY:

New Legislation, 2011

FISCAL IMPLICATIONS:

None to the state.

EFFECTIVE DATE:

This act shall take effect immediately.

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

    S. 4605--A                                            A. 7119--A

                       2011-2012 Regular Sessions

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

                             April 13, 2011
                               ___________

IN  SENATE  --  Introduced by Sens. LAVALLE, JOHNSON, MARCELLINO -- read
  twice and ordered printed, and when printed to  be  committed  to  the
  Committee on Local Government -- recommitted to the Committee on Local
  Government  in  accordance  with  Senate  Rule  6, sec. 8 -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

IN ASSEMBLY -- Introduced by M. of A. THIELE, GALEF, MAISEL,  McDONOUGH,
  MONTESANO, MURRAY, ROBERTS, SCHIMEL, WEISENBERG, WEPRIN -- Multi-Spon-
  sored  by  --  M.  of A. GOODELL, McKEVITT, P. RIVERA, SAYWARD -- read
  once and referred to the Committee on Local Governments -- recommitted
  to the Committee on Local Governments in accordance with Assembly Rule
  3, sec. 2 -- committee discharged, bill amended, ordered reprinted  as
  amended and recommitted to said committee

AN  ACT  to amend the town law, in relation to the establishment, exten-
  sion,  powers  and  expenses  of  watershed   protection   improvement
  districts

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

  Section 1. Section 190 of the town law, as amended by  chapter  24  of
the laws of 1988, is amended to read as follows:
  S  190.  Establishment  or  extension of improvement districts. Upon a
petition as hereinafter provided, the town board of any town may  estab-
lish  or  extend  in  said  town a sewer, drainage, water, water quality
treatment, park, public parking, lighting, snow removal,  water  supply,
sidewalk,  a  fallout  shelter  district or refuse and garbage district,
aquatic plant growth control  district,  ambulance  district,  WATERSHED
PROTECTION  IMPROVEMENT  DISTRICT,  and  in  any  town bordering upon or
containing within its boundaries any navigable waters of this  state,  a
harbor  improvement  district,  a public dock district, or beach erosion
control district, and provide improvements or services, or both, in  any

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09908-02-2

S. 4605--A                          2                         A. 7119--A

such  district,  wholly  at  the  expense  of the district; but no water
supply district shall be established or extended to include lands  situ-
ate within the boundaries of a water district. No such district shall be
established  or  extended  in  a  city  or  in  an  incorporated village
provided, however, that such a district may be established  or  extended
wholly  or  partly  within  an  incorporated  village  on consent of the
village expressed in a local law, ordinance or resolution, subject to  a
referendum  on  petition under section twenty-four of the municipal home
rule law or a permissive referendum under article nine  of  the  village
law,  as  the  case  may  be, and except, in the case of a water quality
treatment district, on consent of a village expressed in a local law  or
by  resolution  of the board of trustees and not subject to any referen-
dum.
  S 2. Paragraph a of subdivision 1 of section 193 of the town  law,  as
amended  by  section  18 of part X of chapter 62 of the laws of 2003, is
amended to read as follows:
  a. Whenever a petition shall be presented to the town  board  pursuant
to this article, for the establishment or extension of a sewer, wastewa-
ter  disposal,  drainage,  water,  water quality treatment, park, public
parking, lighting, snow removal,  water  supply,  sidewalk,  refuse  and
garbage,  aquatic  plant  growth  control  district, ambulance district,
harbor improvement district, public dock district, beach erosion control
district, WATERSHED PROTECTION IMPROVEMENT DISTRICT, or a fallout  shel-
ter  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  main-
tained  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.
  S 3. Section 198 of the town law is amended by adding a  new  subdivi-
sion 10-g to read as follows:
  10-G.  WATERSHED  PROTECTION  IMPROVEMENT  DISTRICT. AFTER A WATERSHED
PROTECTION IMPROVEMENT DISTRICT HAS BEEN ESTABLISHED, THE TOWN BOARD MAY
TAKE SUCH ACTION AS MAY BE REQUIRED TO ADOPT  PLANS  AND  SPECIFICATIONS
AND  ENTER  INTO  A CONTRACT OR CONTRACTS, OR TAKE SUCH OTHER ACTIONS AS
MAY BE REQUIRED, FOR THE  PROTECTION  AND  RESTORATION  OF  GROUNDWATER,
SURFACE  WATERS,  AND DRINKING WATER QUALITY AS IT MAY DEEM TO BE NECES-

S. 4605--A                          3                         A. 7119--A

SARY OR DESIRABLE, INCLUDING BUT NOT  LIMITED  TO  STORMWATER  TREATMENT
PROJECTS AND WETLAND CONSTRUCTION.
  S 4. Subdivision 3 of section 202 of the town law, as amended by chap-
ter 658 of the laws of 1990, is amended to read as follows:
  3.  The expense of the establishment of a park, public parking, water,
lighting, snow removal, water supply, water, water storage and  distrib-
ution,  sidewalk,  refuse  and  garbage,  aquatic  plant  growth control
district, ambulance district,  harbor  improvement  district,  WATERSHED
PROTECTION  IMPROVEMENT  DISTRICT, public dock district, fallout shelter
district, or beach erosion control district, and providing  improvements
or  services, or both, therefor, and of constructing lateral water mains
pursuant to paragraph (b) of subdivision  one  of  section  one  hundred
ninety-nine,  shall  be  assessed, levied and collected from the several
lots and parcels of land within the district for  each  purpose  in  the
same manner and at the same time as other town charges, except as other-
wise  provided  by  law. In the event that any order adopted pursuant to
section two hundred nine-d of this chapter for the  establishment  of  a
water  district,  sidewalk district, a public parking district, a refuse
and garbage district, an aquatic plant growth control district, lighting
district, WATERSHED PROTECTION IMPROVEMENT DISTRICT,  or  beach  erosion
and  control  district  or  that any petition for the establishment of a
water district, sidewalk district, a public parking district,  a  refuse
and garbage district, an aquatic plant growth control district, lighting
district,  or  beach erosion control district, shall contain a statement
that the cost of constructing  the  water  system,  sidewalks,  lighting
system,  or  acquiring  and  improving  lands  for public parking or for
refuse and garbage  purposes  or  for  beach  erosion  control,  OR  FOR
WATERSHED  PROTECTION  IMPROVEMENT  DISTRICT or for aquatic plant growth
control, shall be assessed by the town board in proportion as nearly  as
may  be  to  the benefit which each lot or parcel will derive therefrom,
the amount to be raised for the payment of the principal and interest of
the bonds issued for the construction of the  water  system,  sidewalks,
lighting  system, or acquiring and improving lands for public parking or
for refuse and garbage purposes or for beach  erosion  control,  or  for
aquatic  plant  growth  control, OR FOR WATERSHED PROTECTION IMPROVEMENT
DISTRICT pursuant to such petition or order, shall be  assessed  on  the
lands within such district in the same manner as provided in the case of
trunk  sewers.  The expense of constructing lateral water mains pursuant
to paragraph (c) of subdivision one of section one  hundred  ninety-nine
shall  be  assessed,  levied  and  collected  from  the several lots and
parcels of land within the district in proportion to the  area  of  such
lot or parcel of land to the total area of the district.
  S  5.  Subdivision  2  of section 202-b of the town law, as amended by
chapter 511 of the laws of 1989, is amended to read as follows:
  2. The town board may, on behalf of a park, public parking, ambulance,
lighting, snow removal,  refuse  and  garbage,  public  dock,  WATERSHED
PROTECTION  IMPROVEMENT DISTRICT, or beach erosion control district, and
within the limitations of section one hundred ninety-eight of this chap-
ter, acquire additional apparatus and equipment  and  replace  obsolete,
inadequate,  damaged, destroyed or worn-out apparatus and equipment, and
it may construct additional  facilities  and  appurtenances  thereto  or
reconstruct or replace obsolete, inadequate, damaged, destroyed or worn-
out  facilities  and  appurtenances  thereto.  Such expenditure shall be
authorized in the manner provided in subdivision one  [hereof]  OF  THIS
SECTION,  except that the map and plan described by said subdivision one
shall not be  required.  However,  nothing  herein  contained  shall  be

S. 4605--A                          4                         A. 7119--A

construed  to  limit  or supersede the provisions of section seventy-two
hundred three of the education law.
  S  6.  Subdivision  1  of section 209-a of the town law, as amended by
chapter 397 of the laws of 1995, is amended to read as follows:
  1. the term "improvement district" shall include only a sewer,  waste-
water  disposal,  drainage,  water, park, public parking, lighting, snow
removal, water supply,  sidewalk,  refuse  and  garbage,  aquatic  plant
growth  control,  OR  WATERSHED PROTECTION IMPROVEMENT DISTRICT or ambu-
lance district in any town, and, in any town bordering upon or  contain-
ing  within  its  boundaries  any navigable water of this state a public
dock or beach erosion control district;
  S 7. Subdivision 1 of section 209-d of the town  law,  as  amended  by
chapter 397 of the laws of 1995, is amended to read as follows:
  1.  Subsequent  to the date of the filing of the map, plans and report
in the office of the town clerk  as  required  in  section  two  hundred
nine-c  of  this article the town board may adopt an order and enter the
same in the minutes of its proceedings reciting  a  description  of  the
boundaries  of the proposed district or extension in a manner sufficient
to identify the lands included therein as in a deed of  conveyance,  the
improvements  proposed,  the  maximum amount proposed to be expended for
the improvement, 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, the proposed method of
financing to be employed, the fact that a map, plan and report  describ-
ing  the  same  are  on  file  in  the  town  clerk's  office for public
inspection and specifying the time when and the place where  said  board
will  meet  and  hold a public hearing to hear all persons interested in
the subject thereof, concerning the same.  If such order  proposes  only
the performance or supplying of certain services, it may state the maxi-
mum  amount  to  be expended annually for such services. The board shall
cause a copy of such order 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 afore-
said, and shall also cause a copy thereof to be posted on the sign-board
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. Such order may further state
such place other than the town clerk's office where the  map,  plan  and
report  may  be  examined  in  advance of the hearing, if the town board
determines that, in the public interest, some other additional place  is
necessary or desirable. If a water district, sidewalk district, a public
parking  district,  a  refuse and garbage district, aquatic plant growth
control district, WATERSHED PROTECTION  IMPROVEMENT  DISTRICT  or  beach
erosion control district is proposed, such order may contain a statement
that  the  cost of constructing the water system, sidewalks or acquiring
lands for public parking or for refuse and garbage purposes, or  aquatic
plant  growth  control  purposes  or  for  beach  erosion control OR FOR
WATERSHED PROTECTION IMPROVEMENT PURPOSES shall be assessed by the  town
board in proportion as nearly as may be to the benefit which each lot or
parcel will derive therefrom. Prior to the publication 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.
  S 8. This act shall take effect immediately.

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