§ 209-q. Sewer, drainage or water improvements. 1. Definition and
application. (a) The terms "sewer improvement" and/or "drainage
improvement", as used in this section, shall mean any facility, service,
function, activity or physical public betterment which may be provided
by the establishment of a sewer district, wastewater disposal district
and/or drainage district pursuant to article twelve or twelve-A of this
chapter.

(b) The term "water improvement", as used in this section, shall mean
any facility, service, function, activity or physical public betterment
which may be provided by the establishment of a water district pursuant
to article twelve or twelve-A of this chapter.

(c) The powers provided by this section shall be deemed to be in
addition to those provided in article twelve or article twelve-A of this
chapter and shall not be deemed to limit or supersede any powers
provided in either of such articles; provided, however, that nothing in
this section shall be deemed to authorize the providing of a sewer,
drainage or water improvement in, or the charging of the costs thereof
against any area of the town located in any village.

2. Plans, reports and maps. The town board may adopt a resolution
appropriating a specific amount to pay the cost of preparing a general
plan, report and map for providing a sewer, drainage or water
improvement in the area of the town outside of any villages, or in any
portion of such area. All such plans, reports and maps shall conform
with the requirements of section two hundred nine-c of this chapter. The
town board may determine that such plans, reports and maps shall be
prepared by or under the supervision of town officers and employees to
be designated by the town board, or by persons to be employed for the
purpose, or the town board may contract for the preparation thereof
within the limitations of the amount appropriated. Except as otherwise
provided herein, the expense incurred for the preparation of such plans,
reports and maps shall be a charge on the area of the town outside of
any villages, and shall be assessed, levied and collected in the same
manner as other town charges. If the town board shall thereafter make
such sewer, drainage or water improvement, the expense incurred by the
town for the preparation of the plans, reports and maps therefor shall
be deemed to be part of the cost of such sewer, drainage or water
improvement and the town shall be reimbursed for such portion of that
amount, if any, which the town board, at the public hearing held
pursuant to subdivision three of this section, shall allocate against
such benefited area, if any.

3. Hearing. Subsequent to the date of filing of the plan, report and
map in the office of the town clerk, as required by section two hundred
nine-c of this chapter, the town board may adopt an order and enter the
same in the minutes of its proceedings reciting the proposed sewer,
drainage or water improvement, a description of the boundaries of the
proposed benefited area, if any, the maximum amount proposed to be
expended for the proposed sewer, drainage or water improvement, the
proposed method of apportioning the costs of such sewer, drainage or
water improvement, the proposed method of financing to be employed, the
fact that a plan, report and map describing the same are on file in the
town clerk's office for public inspection and specifying the time when
and the place where such board will meet and hold a public hearing at
which all persons interested in the subject thereof may be heard
concerning the same. The board shall cause a copy of such order to be
published at least once in a newspaper or newspapers designated pursuant
to subdivision eleven of section sixty-four of this chapter, the first
publication thereof to be not less than ten nor more than twenty days
before the day set therein for the hearing, and shall also cause a copy
thereof to be posted upon the bulletin board in the office of the town
clerk.

4. Change in boundaries or apportionment of costs. If the town board
shall determine, after the hearing, on notice as provided in subdivision
three hereof and upon the evidence given thereat, that any of the
property in a proposed benefited area, if any, is not benefited by the
sewer, drainage or water improvement, or that any property benefited by
the sewer, drainage or water improvement is not included in the proposed
benefited area and that the boundaries of the benefited area should be
changed accordingly, or that the proposed method of apportioning the
costs of such sewer, drainage or water improvement should be changed,
the board shall specify the changes and shall call a further public
hearing at a definite time and place not less than fifteen nor more than
twenty-five days after such previous hearing. Notice of such further
hearing shall be published and posted in the manner provided in
subdivision three hereof except that such notice shall also specify the
manner in which it is proposed to alter the boundaries of the benefited
area or the method of apportioning the costs of the sewer, drainage or
water improvement.

5. Increase in maximum amount. At any time prior to the completion of
a sewer, drainage or water improvement, the maximum amount proposed to
be expended for such sewer, drainage or water improvement, as stated in
the notice of public hearing pursuant to subdivision three or four
hereof, may be increased by an order of the town board provided that the
town board shall, after a public hearing held in the manner prescribed
in subdivision three hereof, determine that it is in the public interest
to authorize the increase in such maximum amount. If it is proposed or
required that the town shall finance the increase in the maximum amount
proposed to be expended for the sewer, drainage or water improvement by
the issuance of bonds, notes, certificates or other evidences of
indebtedness and the total estimated expense of such improvement
including the increase in the maximum amount shall exceed one-tenth of
one per centum of the full valuation of the taxable real property in the
area of the town outside of villages, the town board may not make an
order pursuant to this subdivision unless the comptroller of the state
of New York shall have made, subsequent to the public hearing required
by this subdivision, an order approving the increase at such maximum
amount as stated in the notice of hearing required by this subdivision.
The order of the comptroller shall be prepared in duplicate and one copy
thereof filed in the office of the department of audit and control and
the other copy in the office of the town clerk of the town. If the
original authorization of the sewer, drainage or water improvement was
subject to a permissive referendum pursuant to paragraph (a) of
subdivision eleven of this section or made subject to a mandatory or
permissive referendum pursuant to paragraph (b) of subdivision eleven of
this section, any order of the town board increasing the maximum amount
to be expended shall be subject to the same type of referendum. The
provisions of this subdivision referring to a referendum, shall not be
applicable to any order increasing the maximum amount to be expended for
a sewer improvement adopted by the town board of any town which has been
ordered by the state commissioner of health or water resources
commission to provide sewage treatment facilities or directing
compliance with standards or determinations or orders promulgated
pursuant to article twelve of the public health law.

6. Authorization of improvement; judicial review. (a) After the
hearing on notice as provided in subdivision three or four hereof, and
upon the evidence given thereat, the town board shall determine by
resolution whether or not it is in the public interest to make such
sewer, drainage or water improvement.

(b) If the town board shall determine that it is not in the public
interest to make the proposed sewer, drainage or water improvement, the
board shall adopt a resolution to that effect.

(c) If the town board shall determine that it is in the public
interest, the board may adopt a resolution authorizing such sewer,
drainage or water improvement, subject to the approval of the state
comptroller where such approval is required by subdivision thirteen of
this section. Such resolution shall contain a statement of the manner
in which the costs of the sewer, drainage or water improvement are to be
apportioned, and a description of the boundaries of the benefited area,
if any, as finally determined by the town board where any part of the
cost is to be raised by special assessments upon benefited property.

(d) The town clerk shall cause a certified copy of any resolution or
order adopted pursuant to paragraph (c) of this subdivision, subdivision
five or paragraph (c) of subdivision eight of this section 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 resolution, or within
ten days of the receipt of notification of the approval of the state
comptroller where such approval is required by subdivision five or
subdivision thirteen of this section. When so recorded, such resolution
shall be presumptive evidence of the regularity of the proceedings and
actions taken by the town board in relation thereto.

(e) Any interested person aggrieved by any resolution or order adopted
pursuant to paragraph (c) of this subdivision, subdivision five or
paragraph (c) of subdivision eight of this section may review the same
by a proceeding pursuant to article seventy-eight of the civil practice
law and rules provided such proceeding is commenced within thirty days
from the date of the recording of the certified copy of the resolution
or order in the office of the county clerk. Any such resolution or order
shall be final and conclusive unless a proceeding pursuant to article
seventy-eight of the civil practice law and rules has been commenced
within thirty days from the date of recording thereof. No review shall
be had unless at the time the proceeding is commenced 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
of sureties, that, in the event of failure to modify such resolution or
order he or they will pay to the town board all costs and expenses as
are incurred by it on account of the said proceeding as shall be
determined by the court. In the event that upon such review there shall
be any modification by the court of such resolution 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 place and manner as was the resolution or order
appealed from.

7. Performance of the work. After the resolution authorizing a sewer,
drainage or water improvement shall become effective, such sewer,
drainage or water improvement may be made and contracts therefor may be
let in the manner provided in section one hundred ninety-seven of this
chapter.

8. Apportionment of costs. (a) The cost of any such sewer, drainage or
water improvement shall be borne partly by the area of the town outside
of any village and partly by the lands benefited thereby; or by the area
of the town outside of any village; or entirely by the lands benefited
thereby, as the town board, in its discretion, shall provide. Where,
however, (1) any part of the cost of the sewer, drainage or water
improvement is to be borne by property in a described benefited area,
such costs shall be assessed, levied and collected from the several lots
or parcels of land within such benefited area either in the same manner
and at the same time as other town charges, or in just proportion to the
amount of benefit which the sewer, drainage or water improvement shall
confer upon such lots or parcels, or (2) any part of the cost of the
sewer, drainage or water improvement is to be borne by the entire area
of the town outside of any villages, and such area has not been
determined to be the benefited area, such costs shall be assessed,
levied and collected from the several lots and parcels of land in such
area in the same manner and at the same time as other town charges.

(b) In the event that a proposed sewer, drainage or water improvement
is not made, any expense incurred by the town in relation thereto,
including costs of publication of notices and of any referendum, shall
be a charge upon the area of the town outside of any villages, and shall
be assessed, levied and collected in the same manner as other town
charges.

(c) At any time after the completion of a sewer, drainage or water
improvement pursuant to the provisions of this section, the
apportionment of the costs thereof as between the benefited area and the
area of the town outside of any village, as stated in the notice of
public hearing pursuant to subdivision three or four hereof, may be
changed by resolution of the town board provided that the town board
shall, after a public hearing, determine that it is in the public
interest to authorize the change in such apportionment. The town board
shall give notice of such hearing by at least a single publication of a
notice in a newspaper or newspapers designated pursuant to subdivision
eleven of section sixty-four of this chapter at least ten but not more
than twenty days prior to the date specified for such hearing,
specifying the time when and place where such hearing will be held and
stating the change proposed in the apportionment of the costs of the
sewer, drainage or water improvement. The only change in the
apportionment of the costs of a sewer, drainage or water improvement
that may be authorized pursuant to this paragraph shall be an increase
in the share of such costs to be borne by the area of the town outside
of any village, with a corresponding decrease in the share of such costs
to be borne by the benefited area.

(d) The cost of any such improvement may include such portion of the
cost of existing or authorized improvements as the town board shall
determine. Such determination shall be based on a finding that there is
an equitable and reasonable relationship between such improvement and
the existing or authorized improvements.

9. Financing improvement. The funds necessary to pay the cost of any
sewer, drainage or water improvement made pursuant to this section shall
be raised in a manner provided in article fifteen of this chapter, as
determined by the town board, or pursuant to a local law adopted
pursuant to the municipal home rule law.

10. Petition. Five resident owners of taxable real property located
within the area of the town outside of any villages, may petition the
town board to acquire, provide or construct any sewer, drainage or water
improvement described in subdivision one of this section. Such petition
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 nominating
petitions. When any such petition shall have been presented, the town
board may direct the preparation of a plan, report and map for such
sewer, drainage or water improvement and proceed in the manner provided
in this section, or it may adopt a resolution, reciting in general terms
the filing of such petition, the proposed sewer, drainage or water
improvement and specifying the time when and the place where such board
will meet to consider the petition and to hear all persons interested in
the subject. Notice of such meeting shall be published in the manner
provided in subdivision three of this section and shall state the time
and place of the meeting and the purpose thereof. The petitioners shall
be required to deposit with such petition the sum of one hundred dollars
to cover all cost of publishing and posting notices of meetings of the
town board to consider the petition. If the board determines to proceed,
pursuant to this subdivision, with further development of the proposed
sewer, drainage or water improvement, such deposit shall be returned in
full to the petitioners, but if the petition be denied, the surplus only
shall be so returned after paying the expenses mentioned in this
subdivision. If the town board shall determine after such hearing and
upon the evidence given thereat, that the proposed sewer, drainage or
water improvement is in the public interest and economically feasible,
the board shall direct the preparation of a general plan, report and map
for such improvement and proceed in the manner provided in this section.

11. Referendum. (a) Any resolution adopted pursuant to paragraph (c)
of subdivision six of this section authorizing a sewer, drainage or
water improvement, any part of the cost of which is to be borne by the
entire area of the town outside of any villages, and any resolution
adopted pursuant to paragraph (c) of subdivision eight of this section
which will result in an increase in the share of the costs of a sewer,
drainage or water improvement to be borne by the area of the town
outside of any villages in any one fiscal year of more than ten per
centum of the maximum amount proposed to be expended, as stated in the
last notice of public hearing for such sewer, drainage or water
improvement pursuant to subdivision three, four or five of this section,
shall be subject to a permissive referendum in the manner prescribed in
article seven of this chapter, as modified by paragraph (c) of this
subdivision.

(b) Except as provided in paragraph (a) of this subdivision, the town
board, in its discretion, may determine that any resolution adopted
pursuant to subdivision two, paragraph (c) of subdivision six or
paragraph (c) of subdivision eight of this section, shall be subject to
a mandatory or permissive referendum in the manner prescribed in article
six or seven of this chapter, as the case may be, as modified by
paragraph (c) of this subdivision. Such determination, if any, shall be
included in the resolution so adopted. Any such referendum shall be held
in the entire area of the town outside of any villages, except that, in
the case of a resolution adopted pursuant to subdivision two or
paragraph (c) of subdivision six of this section where any part of the
cost of the improvement is to be borne by an area of the town less than
the entire area of the town outside of any villages, the resolution may
provide that the referendum shall be held in such lesser area.

(c) Any resolution submitted to a referendum pursuant to this section
shall not become effective unless it is approved by the affirmative vote
of a majority of the owners of taxable real property voting thereon
whose property is situate in the area of the town outside of any
villages, or in such lesser area described in a resolution as authorized
in paragraph (b) of this subdivision, as shown on the latest completed
assessment roll of the town. A petition requesting a referendum shall be
sufficient if signed and acknowledged or proved by the owners of taxable
real property situate in the area of the town outside of any villages,
or in such lesser area described in the resolution as authorized in
paragraph (b) of this subdivision, as shown upon the latest completed
assessment roll of such town, in number equal to at least ten percent of
the total number of such owners. For the purposes of this subdivision, a
corporate owner of such taxable real property shall be considered one
owner for the purposes of a petition requesting a referendum and shall
be entitled to one vote to be cast by an officer or agent of the
corporation or other duly authorized person designated by appropriate
resolution of such corporation. The town clerk shall cause to be
prepared and have available for distribution proper forms for a petition
for a referendum under this section and shall distribute a supply to any
person requesting the same.

12. Town function. Any sewer, drainage or water improvement
constructed, acquired or provided pursuant to this section shall be a
town function and the town board shall be responsible for the necessary
management, maintenance, operation and repair thereof. The cost of such
management, maintenance, operation and repair shall be a charge upon the
area of the town outside of any villages and shall be levied and
collected in the same manner and at the same time as other town charges.

12-a. Sewer and/or drainage rents and water rates. The town board may
establish sewer and/or drainage rents and water rates as provided in
paragraph (l) of subdivision one and paragraph (d) of subdivision three
of section one hundred ninety-eight of this chapter.

13. Comptroller's approval. (a) Where it is proposed or required that
the town shall finance the cost of any sewer, drainage or water
improvement authorized by this section by the issuance of bonds, notes,
certificates or other evidences of indebtedness of the town therefor and
where the estimated expense of such improvement shall exceed one-tenth
of one per centum of the full valuation of the taxable real property in
the area of the town outside of villages, the permission of the state
comptroller shall be required for such sewer, drainage or water
improvement.

(b) Within ten days after the adoption of a resolution by the town
board pursuant to paragraph (c) of subdivision six of this section,
which requires the approval of the state comptroller pursuant to
paragraph (a) of this subdivision, the town clerk shall file a certified
copy of such resolution in the office of the state department of audit
and control at Albany, New York, together with an application for the
approval of the state comptroller to the providing of such sewer,
drainage or water improvement. The application shall be executed and
verified by the supervisor, or such other officer of the town as the
town board shall determine. Such application shall be in such form and
shall contain such information as shall be prescribed by the state
comptroller.

(c) Whenever such an application shall be filed in the office of the
department of audit and control, the state comptroller shall determine
whether the public interest will be served by providing such sewer,
drainage or water improvement in the manner proposed and also whether
the cost thereof will be an undue burden upon the property which is to
bear the cost of such sewer, drainage or water improvement. The state
comptroller may make such determinations upon the original or any
amended application, or in his discretion may require the submission of
additional information or data in such form and detail as he shall deem
sufficient, or may cause an investigation to be made to aid him in
making the determinations above mentioned.

(d) Upon the expiration of fifteen days from the date of the filing of
such application, the state comptroller shall make an order, in
duplicate, granting or denying approval for such sewer, drainage or
water improvement and shall file one copy of such order in the office of
the state department 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
improvement is to be provided. The town clerk shall thereupon notify the
members of the town board of the receipt of such order and the contents
thereof.

14. Lease of improvements. (a) The town board may lease for a term not
to exceed forty years all or any part of the property or facility
constructed or operated as a town function under this article to a
county, a city, a village, a town, a public authority, a town on behalf
of an improvement district, a county on behalf of a county district, or
a joint water works system established pursuant to article five-B of the
general municipal law, provided, however, that such lease shall be
subject to a permissive referendum held in the manner prescribed in
article seven of this chapter, as modified by paragraph (c) of
subdivision eleven of this section except that a petition requesting a
referendum shall be sufficient if signed, 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, by the owners of taxable real property situate in the area of
the town outside of any villages, as shown upon the latest completed
assessment roll of such town, in a number equal to at least five percent
of the total number of said owners, or one hundred of said owners,
whichever is the lesser.

(b) The proceeds of the lease of all or part of such property or
facility shall be deposited in a reserve fund established for the
purpose of retiring outstanding obligations issued on behalf of the town
to finance the cost of the property or facility leased, and shall be
expended only for such purposes except that if the proceeds exceed the
sum of all installments of principal of and interest on such
indebtedness due or to become due, or if, when such obligations shall
have been retired, any proceeds of such reserve fund remain unexpended,
such excess monies may be used for any purpose which would be properly
charged against the area of the town outside of any villages.