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This entry was published on 2023-10-27
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Notice of hearing; cost to typical property
§ 209-d. Notice of hearing; cost to typical property. 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 describing 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 maximum 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 aforesaid, 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 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 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.

2. (a) If the permission of the state comptroller is not required
pursuant to section two hundred nine-f of this article because it is
proposed or required that the town in which the district or extension is
located shall finance the cost thereof by the issuance of bonds, notes,
certificates or other evidences of indebtedness of the town therefor or
debt service is proposed to be assumed pursuant to subdivision twelve of
section one hundred ninety-eight of this chapter but the cost to the
typical property or, if different, the cost to the typical one or two
family home is not above the average cost threshold described in such
section, a certified copy of the order of the town board adopted
pursuant to this section shall also be filed with the state comptroller
on or about the date of the publication of a copy of such order.

(b) Notwithstanding the provisions of paragraph (a) of this
subdivision, the state comptroller shall not be precluded from requiring
the submission of additional information or data in such form and detail
as the state comptroller shall deem sufficient or from causing an
investigation to be made with respect to the establishment or extension
of a district or an increase in the maximum amount to be expended.