§ 192-a. Provision for excess sewer, drainage or water facilities. 1.
The town board, in causing maps and plans to be prepared or in approving
the establishment or extension of a sewer, drainage or water district
may provide by resolution that the map and plan include sewer, drainage
or water facilities in excess of those required for the proposed
district or extension. Such resolution providing for or requiring excess
facilities shall include the estimated expense for such excess
facilities and shall be subject to permissive referendum. The necessity
for and the extent of the excess capacity shall be determined by the
town board and it shall be reserved for utilization by future districts
or extensions in the town.

2. The expense of any excess sewer, drainage or water facilities
authorized pursuant to this section shall be a town charge and shall be
assessed, levied and collected in the same manner and at the same time
as other town charges; provided, however, that nothing herein contained
shall be construed to prevent the financing in whole or in part,
pursuant to the local finance law, of any excess sewer, drainage or
water facilities authorized pursuant to this section. Any such excess
sewer, drainage or water facilities shall be deemed to be a district or
special improvement authorized by article twelve or twelve-a of this
chapter within the meaning of paragraph b of section 35.00 of the local
finance law.

3. In the event the petition shall contain a statement that the
improvement in the proposed district or extension shall be constructed
at the expense of a petitioning owner of taxable real property in the
proposed district or extension, the expense of all excess sewer,
drainage or water facilities shall be borne originally as a town charge
as provided in this section. If the improvement is to be constructed by
or on the behalf of the petitioning owner, such owner shall be
compensated by the town for the cost of the excess sewer, drainage or
water facilities. In this event the provisions of section one hundred
ninety-seven of this chapter relating to competitive bidding shall not
apply. If the improvement is to be constructed by the town or by the
accepted competitive bidder, the town and not the petitioning owner
shall be liable for the cost of the excess facilities.

4. The cost of the excess sewer, drainage or water facilities shall be
determined by the town board. In addition to the information required by
section one hundred ninety-two of this chapter, the maps and plans shall
include an estimate of the cost of the excess facilities. If the
improvement is to be constructed by or on behalf of the petitioning
owner, an agreement shall be entered into between the town board and
such owner which shall state the total cost of the improvement and of
the excess facilities or the method by which such costs shall be
determined and the date of payment for such excess facilities. If the
improvement is to be constructed by the town or by the accepted
competitive bidder, the town board, in determining the cost of the
excess facilities, shall consider the estimate of the cost of the excess
facilities set forth in the maps and plans, the percentage increase in
the capacity of the facilities, the maximum amount stated in the
petition as the cost of the required facilities and the reduction, if
any, in the per unit cost. In no event shall the expense of the excess
sewer, drainage or water facilities as determined or agreed to by the
town board be less than the difference between the total cost of the
improvement as set forth in or determined pursuant to the agreement or
the accepted bid and the maximum amount stated in the petition.

5. The town board may authorize the use of any excess facilities
acquired pursuant to this section by any district, districts or
extensions thereof, thereafter established in such town, in the manner
provided in section two hundred eight of this chapter, provided the
expense of such acquisition or the proportionate share of the expense as
shall be allocated to a district or extension thereof by the town board,
together with the expense of the construction of the original
improvement for such district or extension, shall not exceed the maximum
amount authorized to be expended in such district or extension. Whenever
the town board shall authorize the use of any excess facilities acquired
pursuant to this section by any district, districts or extension
thereof, the same shall be deemed to be a part of the improvement
authorized by such district or extension thereof and the entire cost of
such acquisition and the maintenance thereof as apportioned to such
district or extension, shall be deemed to be a part of such improvement
and shall be assessed, levied and collected in the same manner as other
charges against such district or extension.