ARTICLE 1 Short Title; Definitions
Section 1. Short title. This chapter shall be known as the "town law."
Definition of town. A town is a municipal corporation comprising
the inhabitants within its boundaries, and formed for the purpose of
exercising such powers and discharging such duties of local government
and administration of public affairs as have been, or, may be conferred
or imposed upon it by law.
ARTICLE 2 Classification of Towns
Classification of towns. Towns are divided into classes
according to population, as shown by the latest federal or state census
or enumeration, as follows:
First class. Towns containing a population of ten thousand or more,
excepting towns in Broome and Suffolk counties, and excepting also the
town of Potsdam in St. Lawrence county, and such other towns as may
determine to become towns of the first class pursuant to the provisions
of this article. Every town in the county of Westchester shall be a town
of the first class.
Second class. Towns containing a population of less than ten thousand,
excepting towns in Westchester county and such towns as shall have
determined to become towns of the first class pursuant to the provisions
of this article. Every town in the counties of Suffolk and Broome and
the town of Potsdam in the county of St. Lawrence.
Mandatory change of classification. 1. Upon the completion of
each decennial federal census, the secretary of state shall obtain from
the proper federal authorities an authenticated statement of the
population of each town according to such federal census. When the
population of any town as shown by such federal census is five thousand
or more, the secretary of state shall file with the town clerk of such
town a copy of such authenticated statement. Whenever the population of
any town of the second class shall be shown to be ten thousand or more
according to such certificate or authenticated statement, excepting
towns in Suffolk and Broome counties, and excepting also the town of
Potsdam in St. Lawrence county and the town of Ulster in Ulster county,
the classification of such town shall be changed to that of a town of
the first class to become effective on the first day of January
succeeding the next biennial election held in said town, except that
said town shall elect at the biennial election hereinbefore referred to,
all the officers and only such as are required to be elected in a town
of the first class.
2. (a) Any town which shall have become a town of the first class,
pursuant to subdivision one of this section, shall elect at the biennial
town election immediately preceding the effective date of the change of
classification, the following town officers: a supervisor, a town clerk
and a town superintendent of highways for terms of two years each, and a
receiver of taxes and assessments for a term of four years, except as
otherwise provided by this chapter.
(b) In addition to the officers specified in the preceding paragraph,
there shall also be elected at such biennial town election:
(1) In a town which has two justices of the peace and two town council
members and the term of one of such justices of the peace and one of
such town council members expires on December thirty-first following
such election, one justice of the peace for a term of four years, two
town council members for terms of four years each, and one town council
member for a term of two years;
(2) In a town which has two justices of the peace and two town council
members and the term of office of both such justices of the peace
expires on December thirty-first following such election, two justices
of the peace for terms of four years each, and two town council members
for terms of four years each;
(3) In a town which has two justices of the peace and two town council
members and the term of office of both such town council members expires
on December thirty-first following such election, two town council
members for terms of four years each, and two town council members for
terms of two years each.
(c) The term of office of each of the officers elected at such
biennial town election shall begin on the first day of January next
succeeding said election.
(d) Party nominations for the offices to be filled at said biennial
town election shall be made and designating petitions may be filed and
such officers shall be elected in the manner provided by law for the
nomination, designation and election of town officers in such town.
(e) This section shall not be construed to require the election of a
town officer for a two year term in any town in which such term has been
increased to four years pursuant to the provisions of this chapter; and
nothing contained in this section shall be construed to abridge the term
of office of any such town officer elected for a term of four years
prior to change of classification.
(f) This section shall not be construed to require the election of a
town clerk or a town superintendent of highways if such office shall be
an appointive office in such town on the effective date of such change
of classification.
(g) Not less than ninety days before the biennial town election
immediately preceding the effective date of the change of
classification, the town board may adopt a resolution, subject to a
permissive referendum, determining that the office of receiver of taxes
and assessments shall be an appointive office in such town. Every
elector of the town shall be entitled to vote at any referendum held
thereon pursuant to the provisions of article seven of this chapter. If
the town board shall have adopted such a resolution and no petition for
a referendum thereon shall have been filed within the time specified in
article seven of this chapter, or if the majority of the votes cast on a
proposition to approve such a resolution submitted pursuant to the
provisions of said article seven shall be in the affirmative, the office
of receiver of taxes and assessments shall thereafter be an appointive
office in such town and no receiver of taxes and assessments shall be
elected at the biennial town election immediately preceding the
effective date of such change of classification, and on and after the
effective date of such change of classification, the town board shall
appoint a receiver of taxes and assessments who shall take and hold
office for the term provided by this chapter. In any town in which the
office of receiver of taxes and assessments shall be appointive, the
town board may appoint the town clerk of said town as the receiver of
taxes and assessments thereof.
3. Nothing contained in this section shall be construed to abridge the
term of office of a justice of the peace heretofore elected in any town
to which this section shall apply, but on and after the effective date
of such change of classification, any such justice of the peace shall
exercise only such powers and shall be subject to only such duties,
responsibilities and liabilities as shall be prescribed by law with
respect to a justice of the peace in a town of the first class.
4. Town collectors and school district collectors. In any town to
which this section shall apply, the collector shall continue in office
until the effective date of such change of classification. On and after
such date, the office of collector and the office of school district
collector shall be abolished in such town and no collector or school
district collector shall be chosen at any time to succeed the incumbents
of the offices so abolished.
5. (a) Assessors. If any such town shall have three elective
assessors, no successors thereto shall be elected at the biennial town
election immediately preceding the effective date of such change of
classification and the terms of office of such elective assessors whose
term would extend beyond the effective date of such change of
classification shall terminate on the effective date of such change of
classification. On or after the effective date of such change of
classification, the town board of said town shall appoint an assessor in
the manner and for the term prescribed by section three hundred ten of
the real property tax law.
(b) If any such town shall have one elective assessor, no successor
thereto shall be elected at the biennial town election immediately
preceding the effective date of such change of classification. On or
after the effective date of such change of classification, the town
board shall appoint an assessor in the manner and for the term
prescribed by section three hundred ten of the real property tax law.
(c) If any such town shall have one appointive assessor who was
appointed in the manner and for the term prescribed by section three
hundred ten of the real property tax law, such assessor shall remain in
office for the balance of his unexpired term or shall continue in office
for an indefinite term if the office of assessor shall have been for an
indefinite term immediately preceding the effective date of such change
of classification.
6. Town board. On and after the effective date of the change of
classification of such town, the supervisor and the town council members
shall constitute the town board thereof. Such town board shall have all
the powers and be subject to all the duties of a town board of a town of
the first class.
Optional change of classification. 1. Any town of the second
class, including towns in Suffolk and Broome counties and the town of
Ulster in Ulster county, having a population of five thousand or more as
shown by the latest federal census or in which the assessed valuation of
the taxable real property as shown by the latest completed assessment
role exceeds ten million dollars or adjoining a city having a population
of three hundred thousand or more as shown by the latest federal census,
may become a town of the first class, by either of the following
methods:
(a) By the adoption by the town board of a resolution therefor,
subject to a permissive referendum; or
(b) By the adoption of a proposition therefor, by the affirmative vote
of a majority of the qualified electors of the town voting thereon at a
special or biennial town election, pursuant to subdivision three of
section eighty-one of this chapter.
2. (a) If any such town shall determine, pursuant to the method
specified in paragraph (a) of subdivision one of this section, to become
a town of the first class, the town board shall cause certified copies
of the resolution to be filed in the offices of the department of state
and the department of audit and control.
There shall also be filed therewith the affidavit of the town clerk
that no petition requiring the submission to the qualified electors of
the town of a proposition approving such resolution was filed with said
town clerk, if such resolution was not so submitted.
If a proposition approving a resolution changing the classification of
a town was submitted to the electors, pursuant to the filing of a
petition therefor or upon the motion of the town board, there shall be
filed in the office of each of such state departments copies of the
certificate of the election inspectors at such election, duly certified
by the town clerk.
(b) If any such town shall determine, pursuant to the method specified
in paragraph (b) of subdivision one of this section, to become a town of
the first class, the town board shall cause copies of the certificate of
the election inspectors or board of canvassers of the town election at
which the proposition for the change of classification was adopted, duly
certified by the town clerk or board of canvassers, to be filed in the
offices of the department of state and the department of audit and
control.
3. (a) If a town shall determine, pursuant to the method specified in
paragraph (a) of subdivision one of this section, to become a town of
the first class, such change of classification shall become effective on
the first day of January next succeeding the first biennial town
election held at least one hundred fifty days after the date of the
adoption of the resolution determining, subject to a permissive
referendum, to become a town of the first class. On and after said first
day of January, such town shall be a town of the first class.
(b) If a town shall determine, pursuant to the method specified in
paragraph (b) of subdivision one of this section, to become a town of
the first class, such change of classification shall become effective on
the first day of January next succeeding the first biennial town
election held at least ninety days after the date of adoption of the
proposition changing the classification of the town to that of a town of
the first class, pursuant to article six of this chapter. On and after
said first day of January, such town shall be a town of the first class.
4. (a) Any town which shall have determined, pursuant to either method
specified in subdivision one of this section, to become a town of the
first class, shall elect, at the biennial town election immediately
preceding the effective date of the change of classification, the
following town officers: a supervisor for a term of two years, and,
except as otherwise provided herein, a town clerk and a town
superintendent of highways for terms of two years each and a receiver of
taxes and assessments for a term of four years.
(b) In addition to the officers specified in the preceding paragraph,
there shall also be elected at such biennial town election in a town
which has four or more justices of the peace but no town council member
on the first day of July immediately preceding such election: one
justice of the peace for a term of four years, two town council members
for terms of four years each, and two town council members for terms of
two years each.
Any such town which on the first day of July preceding said biennial
town election has three justices of the peace and one town council
member, shall elect at said biennial town election one justice of the
peace for a term of four years, two town council members for terms of
four years each and one town council member for a term of two years, in
addition to the officers specified in paragraph (a) of this subdivision.
Any such town which on the first day of July preceding said biennial
town election has two justices of the peace and two town council members
and the term of one of such justices of the peace and of one of such
town council members expires on December thirty-first following such
election, shall elect at such election one justice of the peace for a
term of four years, two town council members for terms of four years
each and one town council member for a term of two years, in addition to
the officers specified in paragraph (a) of this subdivision.
Any such town which on the first day of July preceding said biennial
town election has two justices of the peace and two town council members
and the term of office of both such justices of the peace expires on
December thirty-first following such election, shall elect at such
election two justices of the peace for terms of four years each and two
town council members for terms of four years each, in addition to the
officers specified in paragraph (a) of this subdivision.
Any such town which on the first day of July preceding said biennial
town election has two justices of the peace and two town council members
and the term of office of both such town council members expires on
December thirty-first following such election, shall elect at such
election two town council members for terms of four years each and two
town council members for terms of two years each, in addition to the
officers specified in paragraph (a) of this subdivision.
(c) The term of office of each of the officers elected at said
biennial town election shall begin on the first day of January next
succeeding said election.
(d) Party nominations for the offices to be filled at said biennial
town election shall be made and designating petitions may be filed and
such officers shall be elected in the manner provided by law for the
nomination, designation and election of town officers in such town.
(e) This section shall not be construed to require the election of a
town clerk or a town superintendent of highways if such office shall be
an appointive office in such town on the effective date of such change
of classification.
(f) Not less than ninety days before the biennial town election
immediately preceding the effective date of the change of
classification, the town board may adopt a resolution, subject to a
permissive referendum, determining that the office of receiver of taxes
and assessments shall be an appointive office in such town. Every
elector of the town shall be entitled to vote at any referendum held
thereon pursuant to the provisions of article seven of this chapter. If
the town board shall have adopted such a resolution and no petition for
a referendum thereon shall have been filed within the time specified in
article seven of this chapter, or if the majority of the votes cast on a
proposition to approve such a resolution submitted pursuant to the
provisions of said article seven shall be in the affirmative, the office
of receiver of taxes and assessments shall thereafter be an appointive
office in such town and no receiver of taxes and assessments shall be
elected at the biennial town election immediately preceding the
effective date of such change of classification, and on and after the
effective date of such change of classification, the town board shall
appoint a receiver of taxes and assessments who shall take and hold
office for the term provided by this chapter. In any town in which the
office of receiver of taxes and assessments shall be appointive, the
town board may appoint the town clerk of said town as the receiver of
taxes and assessments thereof.
(g) This section shall not be construed to require the election of a
town superintendent of highways for a two year term in any town in which
such term has been increased to four years pursuant to the provisions of
section twenty-four of this chapter; and nothing contained in this
section shall be construed to abridge the term of office of a town
superintendent of highways elected for a term of four years prior to
change of classification.
5. Nothing contained in this section shall be construed to abridge the
term of office of a justice of the peace elected prior to the adoption
of the resolution or proposition for the change of classification, but
on and after the effective date of such change of classification, any
such justice of the peace shall exercise only such powers and shall be
subject to only such duties, responsibilities and liabilities as shall
be prescribed by law with respect to a justice of the peace in a town of
the first class.
6. Town collectors and school district collectors. In any town which
shall have determined, pursuant to either method specified in
subdivision one of this section, to become a town of the first class,
the collector shall continue in office until the effective date of such
change of classification. On and after such date, the office of
collector and the office of school district collector shall be abolished
in such town and no collector or school district collector shall be
chosen at any time to succeed the incumbents of the offices so
abolished.
7. (a) Assessors. If on the first day of July immediately preceding
the effective date of the change of classification any such town shall
have three elective assessors, no successors thereto shall be elected at
the biennial town election immediately preceding the effective date of
such change of classification and the terms of office of all such
elective assessors whose term would extend beyond the effective date of
such change of classification shall terminate on the effective date of
such change of classification. On or after the effective date of such
change of classification, the town board of said town shall appoint an
assessor in the manner and for the term prescribed by section three
hundred ten of the real property tax law.
(b) If on the first day of July immediately preceding the effective
date of the change of classification any such town shall have one
appointive assessor who shall have been appointed in the manner and for
the term prescribed by section three hundred ten of the real property
tax law, such assessor shall continue in office for the balance of his
unexpired term, or for an indefinite term if the term of office of such
assessor shall have been for an indefinite term immediately preceding
the effective date of such change of classification.
8. Town board. On and after the effective date of the change of
classification of such town, the supervisor and the town council members
shall constitute the town board thereof. Such town board shall have all
the powers and be subject to all the duties of a town board of a town of
the first class.
ARTICLE 3 Town Officers, Powers, Duties and Compensation
Town officers. 1. (a) Every town of the first class shall have a
supervisor, four town council members, unless the number of council
members shall have been increased to six or decreased to two as provided
by this chapter, a town clerk, two town justices, a town superintendent
of highways, one assessor, a receiver of taxes and assessments, as many
town police officers and such other employees as the town board may
determine necessary for the proper conduct of the affairs of the town.
The supervisor, town counsel members, town clerk, town justices, town
superintendent of highways and receiver of taxes and assessments in
every such town shall be elective. All other officers and employees in
such a town shall be appointed by the town board, except as otherwise
provided by law. In any town in which a town police department has been
established pursuant to law, or which town is a part of a county police
district, the town board may appoint not more than four civil officers
who shall possess all the powers and duties of constables in civil
actions and proceedings only, and shall be paid no salary by the town
board but shall be entitled to collect the statutory fees allowed by law
in such civil actions and proceedings. The clerk of the court of a town
shall be employed and discharged from employment only upon the advice
and consent of the town justice or justices.
(b) Except as otherwise provided by law, every town of the second
class shall have a supervisor, two justices of the peace, two town
council members, a town clerk, a town superintendent of highways, three
assessors, a collector, and, if there be no town police department, as
many constables as the town board may determine necessary. In any such
town in which a town police department has been established pursuant to
law, the town board may appoint not more than four civil officers who
shall possess all the powers and duties of constables in civil actions
and proceedings only, except that the town board of the town of
Southold, county of Suffolk, may appoint four additional constables, who
shall possess all the powers and duties of constables in civil and
criminal actions and proceedings, solely for the benefit of Fishers
Island located in such town; provided, however, that nothing in this
paragraph shall be deemed to authorize such constables to carry, repair
or dispose of a firearm unless the appropriate license therefore has
been issued pursuant to section 400.00 of the penal law; and shall be
paid no salary by the town board but shall be entitled to collect the
statutory fees allowed by law in such civil actions and proceedings.
Every town of the second class may have in addition such other employees
as the town board may determine necessary for the proper conduct of the
affairs of the town. The supervisor, justices of the peace, town council
members, town clerk, town superintendent of highways, assessors and
collector in every such town shall be elected. All other town officers
and employees in such a town shall be appointed by the town board,
except as otherwise provided by law. Provided, however, that in a town
having less than three hundred inhabitants according to the latest
federal census and having a taxable property valuation of less than one
hundred thousand dollars according to the latest assessment roll, there
shall be elected one justice of the peace for a term of four years and
one assessor for a term of two years, but no town council member.
Successors to such officers shall be elected for like terms at the
biennial town election prior to the expiration of their terms of office.
The clerk of the court of a town shall be employed and discharged from
employment only upon the advice and consent of the town justice or
justices.
(c) Notwithstanding the provisions of this section or the provisions
of any other general or special law, in the town of Smithtown in the
county of Suffolk, a proposition calling for the abolition of the office
of justice of the peace within such town, as authorized by chapter two
hundred seventy-eight of the laws of nineteen hundred fifty-eight, as
amended by chapter eight hundred eleven of the laws of nineteen hundred
sixty-two, constituting the Suffolk county charter, having been
submitted to the electors of such town at the general election held in
nineteen hundred sixty-two and having at such election received a
majority of affirmative votes, the justices of the peace holding office
in such town at the time of such vote shall continue in office until the
end of the respective terms for which they were elected. At the general
election immediately preceding the expiration of the term of the justice
of the peace in such town whose term shall first expire an additional
town council member shall be elected, and at the general election
preceding the expiration of the term of the justice of the peace in such
town whose term shall be the second such term to expire another
additional town council member shall be elected, so that thereafter such
town shall have four town council members. Each town council member so
elected shall be elected for a term of four years and shall hold office
during such term.
(d) Notwithstanding the provisions of this chapter or of any other
general or special law, any town, which by the latest federal census or
special census has a population of more than fifty thousand inhabitants,
may, by a resolution, submit to a referendum a proposition calling for
the establishment of the office of a third town justice and a town with
a population of more than seventy-five thousand may, by a resolution,
submit to a referendum a proposition calling for the establishment of
the offices of a third, of a fourth or of a third and fourth town
justice. Such referendum must be submitted to the voters at least one
hundred twenty days prior to the next biennial town election. At the
next biennial town election immediately succeeding the approval of the
proposition hereinabove provided for, said town justices shall be
elected for a term of four years and shall hold office during such term.
Provided, however, such justice so elected shall not serve as a member
of the town board but shall exercise all other powers and duties
necessary or incident to such office. Successors to such office shall be
elected for like terms and shall exercise like powers and duties.
(e) Notwithstanding the provisions of any general, special or local
law to the contrary, the town board of the town of Southampton, county
of Suffolk, may adopt a resolution, subject to a permissive referendum
as provided by article seven of this chapter, at least one hundred fifty
days prior to any biennial town election determining that such town
shall have four town justices. If the town board of such town shall have
adopted such a resolution and no petition shall have been filed within
the time specified for a referendum thereon, or if a majority of the
votes cast on any such proposition submitted to vote of the electors be
in the affirmative, the electors of such town shall elect at the
succeeding biennial election, and quadrennially thereafter, such
additional town justice for a term of four years beginning on the first
day of January next succeeding such biennial town election.
(f) Notwithstanding the provisions of paragraph (b) of this
subdivision, every town of the second class which has not exercised the
option to retain elective assessors in the manner provided by former
section fifteen hundred fifty-six of the real property tax law shall
have one assessor to be appointed in the manner and for the term
prescribed by section three hundred ten of the real property tax law.
(g) Notwithstanding the provisions of any general, special or local
law to the contrary, the town board of the town of Clarkstown, county of
Rockland, may adopt a resolution at least one hundred fifty days prior
to any biennial town election determining that such town shall have four
town justices. If the town board of such town shall have adopted such a
resolution, the electors of such town shall elect at the succeeding
biennial election, and quadrennially thereafter, such additional town
justice for a term of four years beginning on the first day of January
next succeeding such biennial town election.
(h) Notwithstanding the provisions of any general, special or local
law to the contrary, the town board of the town of Henrietta, county of
Monroe may adopt a resolution, subject to a permissive referendum as
provided by article seven hereof, at least sixty days prior to any
regular or special election determining that such town shall have three
town justices. If the town board of such town shall have adopted such a
resolution and no petition shall have been filed within the time
specified for a referendum thereon, or if a majority of the votes cast
on any such proposition submitted to the vote of the electors be in the
affirmative, the electors of such town shall elect at the succeeding
general election a town justice who shall take office for a term of four
years beginning on the first day of January next succeeding such
biennial town election.
(i) Notwithstanding the provisions of any general, special or local
law to the contrary, the town board of the town of Orangetown, county of
Rockland may adopt a resolution, subject to a permissive referendum as
provided by article seven hereof, at least sixty days prior to any
regular or special election determining that such town shall have three
town justices. If the town board of such town shall have adopted such a
resolution and no petition shall have been filed within the time
specified for a referendum thereon, or if a majority of the votes cast
on any such proposition submitted to the vote of the electors be in the
affirmative, the electors of such town shall elect at the succeeding
general election a town justice who shall take office for a term of four
years beginning on the first day of January next succeeding such
biennial town election.
(j) Notwithstanding the provisions of any general, special or local
law to the contrary, the town board of the town of Champlain, county of
Clinton may adopt a resolution, subject to a permissive referendum as
provided by article seven of this chapter, at least sixty days prior to
any regular or special election determining that such town shall have
three town justices. If the town board of such town shall have adopted
such a resolution and no petition shall have been filed within the time
specified for a referendum thereon, or if a majority of the votes cast
on any such proposition submitted to the vote of the electors be in the
affirmative, the electors of such town shall elect at the succeeding
general election a town justice who shall take office for a term of four
years beginning on the first day of January next succeeding such
biennial town election.
* (k) Notwithstanding the provisions of any general, special or local
law to the contrary, the town board of the town of Unadilla, county of
Otsego may adopt a resolution, subject to a permissive referendum as
provided by article seven hereof, at least sixty days prior to any
regular or special election determining that such town shall have three
town justices. If the town board of such town shall have adopted such a
resolution and no petition shall have been filed within the time
specified for a referendum thereon, or if a majority of the votes cast
on any such proposition submitted to the vote of the electors be in the
affirmative, the electors of such town shall elect at the succeeding
general election a town justice who shall take office for a term of four
years beginning on the first day of January next succeeding such
biennial town election.
* NB There are 3 par (k)'s
* (k) Notwithstanding the provisions of any general, special or local
law to the contrary, the town board of the town of Sennett, county of
Cayuga may adopt a resolution, subject to a permissive referendum as
provided by article seven hereof, at least sixty days prior to any
regular or special election determining that such town shall have three
town justices. If the town board of such town shall have adopted such a
resolution and no petition shall have been filed within the time
specified for a referendum thereon, or if a majority of the votes cast
on any such proposition submitted to the vote of the electors be in the
affirmative, the electors of such town shall elect at the succeeding
general election a town justice who shall take office for a term of four
years beginning on the first day of January next succeeding such
biennial town election.
* NB There are 3 par (k)'s
* (k) Notwithstanding the provisions of any general, special or local
law to the contrary, every town which has a contract in force and effect
with another municipality for the municipality to provide highway, road
and street maintenance and repair for a period of not less than five
years may adopt a local law, subject to permissive referendum as
provided by article seven of this chapter, not later than July fifteenth
of the year prior to which the term of office of the current elected
town superintendent of highways shall expire, that the office of the
town superintendent of highways shall be abolished. A town which
thereafter terminates such a contract shall re-establish the position of
town superintendent of highways by local law as an appointive office.
* NB There are 3 par (k)'s
(l) Notwithstanding the provisions of any general, special or local
law to the contrary, the town board of the town of East Bloomfield,
county of Ontario may adopt a resolution, subject to a permissive
referendum as provided by article seven hereof, at least sixty days
prior to any regular or special election determining that such town
shall have three town justices. If the town board of such town shall
have adopted such a resolution and no petition shall have been filed
within the time specified for a referendum thereon, or if a majority of
the votes cast on any such proposition submitted to the vote of the
electors be in the affirmative, the electors of such town shall elect at
the succeeding general election a town justice who shall take office for
a term of four years beginning on the first day of January next
succeeding such biennial town election. Upon the election of a third
town justice, the town board shall adopt a resolution to abolish one of
the offices of town justice for the purpose of staggering the elections
of its town justices.
(m) Notwithstanding the provisions of any general, special or local
law to the contrary, the town board of the town of Guilderland, county
of Albany may adopt a resolution, subject to a permissive referendum as
provided by article seven of this chapter, at least sixty days prior to
any regular or special election determining that such town shall have
three town justices. If the town board of such town shall have adopted
such a resolution and no petition shall have been filed within the time
specified for a referendum thereon, or if a majority of the votes cast
on any such proposition submitted to the vote of the electors be in the
affirmative, the electors of such town shall elect at the succeeding
general election a town justice who shall take office for a term of four
years beginning on the first day of January next succeeding such
biennial town election.
(n) Notwithstanding the provisions of any general, special or local
law to the contrary, the town board of the town of Sodus, county of
Wayne may adopt a resolution, subject to a permissive referendum as
provided by article seven hereof, at least sixty days prior to any
regular or special election determining that such town shall have three
town justices. If the town board of such town shall have adopted such a
resolution and no petition shall have been filed within the time
specified for a referendum thereon, or if a majority of the votes cast
on any such proposition submitted to the vote of the electors be in the
affirmative, the electors of such town shall elect at the succeeding
general election a town justice who shall take office for a term of four
years beginning on the first day of January next succeeding such
biennial town election. Upon the election of a third town justice, the
town board shall adopt a resolution to abolish one of the offices of
town justice for the purpose of staggering the elections of its town
justices.
(o) In the event the village court of the village of Ossining, county
of Westchester, is abolished effective January first, two thousand
twelve, the town court of the town of Ossining, county of Westchester,
shall thereupon have three town justices. The third town justice
established by this paragraph shall first be filled by election at the
regular election held immediately prior to the date of abolition of the
village court of the village of Ossining as provided by the election law
and the public officers law.
(p) Notwithstanding the provisions of any general, special or local
law to the contrary, the town board of the town of Wallkill, county of
Orange may adopt a resolution, subject to a permissive referendum as
provided by article seven of this chapter, at least sixty days prior to
any regular or special election determining that such town shall have
three town justices. If the town board of such town shall have adopted
such a resolution and no petition shall have been filed within the time
specified for a referendum thereon, or if a majority of the votes cast
on any such proposition submitted to the vote of the electors be in the
affirmative, the electors of such town shall elect at the succeeding
general election a town justice who shall take office for a term of four
years beginning on the first day of January next succeeding such
biennial town election.
(q) In the event the village court of the village of Port Chester,
county of Westchester, is abolished effective May fifteenth, two
thousand twenty-one, the town court of the town of Rye, county of
Westchester, shall thereupon have four town justices. The third and
fourth town justices established pursuant to this paragraph shall be
filled by election at the regular election held immediately after the
date of abolition of the village court of the village of Port Chester as
provided by the election law and the public officers law.
(r) Notwithstanding the provisions of any general, special or local
law to the contrary, the town board of the town of Rotterdam, county of
Schenectady may adopt a resolution, subject to a permissive referendum
as provided by article seven of this chapter, at least one hundred fifty
days prior to any biennial election determining that such town shall
have three town justices. If the town board of such town shall have
adopted such a resolution and no petition shall have been filed within
the time specified for a referendum thereon, or if a majority of the
votes cast on any such proposition submitted to vote of the electors be
in the affirmative, the electors of such town shall elect at the
succeeding biennial election, and quadrennially thereafter, such
additional town justice for a term of four years beginning on the first
day of January next succeeding such biennial town election.
2. (a) The town board of every town may establish the office of town
attorney or town engineer, or both. If the town board shall so establish
the office of town attorney or town engineer, or both, it shall fix the
salary of such officer or officers. In addition, the town board of any
such town may employ counsel to the town attorney in respect to any
particular subject matter, proceeding or litigation, or it may employ
such expert engineering service in respect to any particular subject
matter, improvement or proceeding, as it may necessarily require. A town
of the first class shall have the authority to appoint such deputies in
the offices of the town attorney and town engineer as may be provided by
resolution of such board and fix the salaries therefor. A town of the
second class having a population of over seventy-five thousand according
to the latest federal census or state enumeration shall have the
authority to appoint such deputies in the office of the town attorney as
may be provided by resolution of such board and fix the salaries
therefor. The terms of such offices shall be indefinite and the
appointees thereto shall be removable at the pleasure of the town board.
(b) The town board of any town which shall not have established the
office of town attorney may employ an attorney to give it such
professional service and advice as it may require, and the town board of
any town which shall not have established the office of town engineer
may employ an engineer to give it such professional service and advice
as it may require.
3. (b) The town board of any town of the first class, or any town of
the second class having a population of over forty thousand according to
the latest federal census or state enumeration, may adopt a resolution
establishing the office of town comptroller and appoint a town
comptroller who shall hold office until the first day of January next
succeeding the first biennial town election held after the time of his
appointment. On the first day of January next succeeding the first
biennial town election held after the time of the establishment of such
office, and biennially thereafter, the town board shall appoint a
comptroller who shall hold office for a term of two years. The town
board of any town in which the office of town comptroller shall have
been established may adopt a resolution abolishing such office and upon
the expiration of the term of office of the incumbent such office shall
be abolished and no successor shall be appointed.
(c) The town board of any town of the first class may establish the
office of deputy receiver of taxes and assessments and fix the salary
therefor; and the town board of any such town in which such office shall
have been established may abolish such office. It shall be the duty of
the deputy receiver of taxes and assessments to assist the receiver of
taxes and assessments in the performance of his duties. The town board
of any such town wherein the office of deputy receiver of taxes and
assessments has been created may also establish one additional office of
deputy receiver of taxes and assessments and may fix the salary therefor
and prescribe his duties and where such additional office has been
established may abolish same.
(d) The town board of any town which has established the office of
town comptroller pursuant to the provisions of paragraph (b) of this
subdivision, may establish the office of deputy comptroller and fix the
salary therefor; and the town board of any such town in which such
office shall have been established may abolish such office. It shall be
the duty of the deputy comptroller to assist the comptroller in the
performance of his duties and if and when the comptroller is absent or
is unable to perform the duties of his office for any other reason, such
deputy shall have full power and authority to perform all the duties of
the comptroller so long as such officer is either absent or otherwise
incapable of performing his duties.
(e) The town board of any town may adopt a resolution establishing the
office of director of purchasing and appoint a director of purchasing
who shall hold office until the first day of January next succeeding the
first biennial town election held after the time of his appointment. On
the first day of January next succeeding the first biennial town
election held after the time of the establishment of such office, and
biennially thereafter, the town board shall appoint a director of
purchasing who shall hold office for a term of two years. If a town
board so determines, the duties of director of purchasing may be
combined with the duties of any other town officer, official or employee
except members of the town board or comptroller. The town board of any
town in which the office of director of purchasing shall have been
established may adopt a resolution abolishing such office and upon the
expiration of the term of office of the incumbent such office shall be
abolished and no successor shall be appointed.
4. No person shall be eligible to hold more than one elective town
office but the town board for the purpose of consolidating offices and
positions, may at any time by resolution enlarge, increase and impose
further and other duties than those prescribed by law upon any elective
or appointed officer or employee and fix a single compensation for the
performance of all such duties. No member of the town board shall,
however, be comptroller of such town.
5. The term "officer" and/or "officers" whenever used in this chapter
shall include the incumbents of the offices of supervisor, council
member, town clerk, justice of the peace, superintendent of highways,
assessor, receiver of taxes and assessments and collector, or any of
them.
5-a. The terms "council member" and "council members" whenever used in
this chapter shall include all persons eligible to hold such office.
6. (a) At least one hundred fifty days prior to any biennial town
election, the town board of any town in which the appointive office of
town clerk shall exist, may adopt a resolution, subject to a permissive
referendum, that the office of town clerk shall be an elective office in
such town. Every elector of the town shall be entitled to vote at any
referendum held thereon pursuant to the provisions of article seven of
this chapter. If the town board shall have adopted such a resolution and
no petition shall have been filed within the time specified in article
seven for a referendum thereon, or, if a majority of the votes cast on
any such proposition submitted pursuant to the provisions of article
seven be in the affirmative the office of town clerk shall thereafter be
an elective office in such town, and a town clerk shall be elected at
the succeeding biennial town election for the term provided by this
chapter, beginning on the first day of January next succeeding such
biennial town election and the term of office of the appointive town
clerk for whom such successor shall be elected shall expire on said
first day of January.
(b) At least one hundred fifty days prior to any biennial town
election the town board of any town in which the appointive office of
town superintendent of highways shall exist, may adopt a resolution,
subject to a permissive referendum that the office of town
superintendent of highways shall be an elective office in such town.
Every elector of the town shall be entitled to vote at any referendum
held thereon pursuant to the provisions of article seven of this
chapter. If the town board shall have adopted such a resolution and no
petition shall have been filed within the time specified in article
seven for a referendum thereon, or, if a majority of the votes cast on
any such proposition submitted pursuant to the provisions of article
seven be in the affirmative the office of town superintendent of
highways shall thereafter be an elective office in such town, and a town
superintendent of highways shall be elected at the succeeding biennial
town election for the term provided by this chapter, beginning on the
first day of January next succeeding such biennial town election and the
term of office of the appointive town superintendent of highways for
whom such successor shall be elected shall expire on said first day of
January.
(c) At least one hundred fifty days prior to any biennial town
election, the town board of any town of the first class in which the
appointive office of receiver of taxes and assessments shall exist, may
adopt a resolution, subject to a permissive referendum, that the office
of receiver of taxes and assessments shall be an elective office in such
town. Every elector of the town shall be entitled to vote at any
referendum held thereon pursuant to the provisions of article seven of
this chapter. If the town board shall have adopted such a resolution and
no petition shall have been filed within the time specified in article
seven for a referendum thereon, or, if a majority of the votes cast on
any such proposition submitted pursuant to the provisions of article
seven be in the affirmative the office of receiver of taxes and
assessments shall thereafter be an elective office in such town, and a
receiver of taxes and assessments shall be elected at the succeeding
biennial town election for the term provided by this chapter, beginning
on the first day of January next succeeding such biennial town election
and the term of office of the appointive receiver of taxes and
assessments for whom such successor shall be elected shall expire on
said first day of January.
Chairman of assessors; designation; duties and compensation.
The town board of any town having more than one assessor may establish
the office of chairman of town assessors and at its first meeting in
each year designate one of such assessors to be chairman until the first
day of January next succeeding such designation. The chairman of town
assessors, in addition to his regular duties, shall perform such
services in connection with the assessment and taxation of property for
state, county and town purposes as the town board shall direct. The town
board shall fix the compensation of the person designated chairman of
town assessors for all services rendered to the town, both as town
assessor and as chairman.
Election and term of assessors in the town of Southampton,
county of Suffolk. Notwithstanding the provisions of any general,
special or local law, the town board of the town of Southampton, county
of Suffolk, may by resolution subject to a permissive referendum, direct
that at the first biennial town election held after this act takes
effect, there shall be elected three town assessors for a term of four
years and two town assessors for a term of two years each to begin on
the first day of January next succeeding such election. If no referendum
be demanded or if a proposition therefor be adopted by referendum, the
assessors of such town shall be elected at such election in the manner
set forth herein. Thereafter, each assessor shall be elected for a four
year term.
Eligibility of town officers. 1. Every elective officer of the
town at the time of his election and throughout his term of office,
shall be an elector of the town. Every other officer of the town at the
time of his appointment and throughout his term of office shall be an
elector of the town except that: (a) in towns having no resident
attorney, the town attorney and such counsel as may be employed need not
be electors; and
(b) in towns having no resident engineer and in the towns of Mount
Pleasant, Westchester county, North Castle, Westchester county,
Lewisboro, Westchester county, Somers, Westchester county, Carmel,
Putnam county, and Ithaca, Tompkins county, the town engineer and such
consultant engineers as may be employed need not be electors; and
(c) in the towns of North Castle, Westchester county, North Salem,
Lewisboro and Pound Ridge, Westchester county, the town building
inspector and such deputy building inspectors as may be employed need
not be electors; and
(d) in the town of Lewisboro, Westchester county, the town wetlands
inspector need not be an elector; and
(e) in the towns of Carmel and Patterson, Putnam county, the town
wetlands inspector need not be an elector; and
(f) in the town of Hamlin, Monroe county, the court clerk need not be
an elector; and
(g) in towns participating in a shared town justice agreement pursuant
to section one hundred six-b of the uniform justice court act, a town
justice may be an elector of any town participating in such an
agreement.
No county treasurer, district superintendent of schools, or trustee of
a school district shall be eligible to the office of supervisor.
2. Notwithstanding the provisions of subdivision one of this section,
in the town of New Castle, Westchester county, and in the town of
Bolivar, Allegany county, the person performing the functions of town
superintendent of highways need not be an elector of such town.
Provided, further, that in the town of Pound Ridge, Westchester county,
the person performing the functions of town superintendent of highways
and such deputies as may be employed need not be electors of such town.
3. Notwithstanding the provisions of subdivision one of this section,
in the town of Mount Pleasant, Westchester county, the persons
performing the functions of comptroller and building inspector need not
be electors of such town.
4. Notwithstanding the provisions of subdivision one of this section,
in the town of Sweden, Monroe county, the person performing the
functions of court clerk need not be an elector of such town.
5. Notwithstanding the provisions of subdivision one of this section,
in the town of Ogden, Monroe county, the person performing the functions
of court clerk need not be an elector of such town.
6. Notwithstanding the provisions of subdivision one of this section,
in the town of North East, Dutchess county, the person performing the
functions of the town engineer need not be an elector of such town.
7. Notwithstanding the provisions of subdivision one of this section,
in the town of Independence, Allegany county, the person performing the
functions of town justice need not be an elector of such town. Provided,
however, the person performing the functions of town justice in any
other town shall be an elector of such town, unless otherwise provided
by an act of the state legislature.
8. Notwithstanding the provisions of subdivision one of this section,
in the town of Grove, Allegany county, the person performing the
functions of town justice need not be an elector of such town. Provided,
however, the person performing the functions of town justice in any
other town shall be an elector of such town unless otherwise provided by
an act of the state legislature.
* 9. Notwithstanding the provisions of subdivision one of this
section, in the town of Birdsall, Allegany county, the person performing
the functions of town justice need not be an elector of such town.
Provided, however, the person performing the functions of town justice
in any other town shall be an elector of such town unless otherwise
provided by an act of the state legislature.
* NB There are 2 sub 9's
* 9. Notwithstanding the provisions of subdivision one of this
section, in the town of West Union, Steuben county, the person
performing the functions of town justice need not be an elector of such
town. Provided, however, the person performing the functions of town
justice in any other town shall be an elector of such town, unless
otherwise provided by an act of the state legislature.
* NB There are 2 sub 9's
* 10. Notwithstanding the provisions of subdivision one of this
section, in the town of Granger, Allegany county, the person performing
the functions of town justice need not be an elector of such town.
Provided, however, the person performing the functions of town justice
in any other town shall be an elector of such town unless otherwise
provided by an act of the state legislature.
* NB There are 3 sub 10's
* 10. Notwithstanding the provisions of subdivision one of this
section, in the town of Somers, Westchester county, the person
performing the functions of the town building inspector need not be an
elector of such town. Provided, however, the person performing the
functions of town building inspector in any other town shall be an
elector of such town, unless otherwise provided by an act of the state
legislature.
* NB There are 3 sub 10's
* 10. Notwithstanding the provisions of subdivision one of this
section, in the town of Pound Ridge, Westchester county, the person
performing the functions of town superintendent of highways need not be
an elector of such town. Provided, however, the person performing the
functions of town superintendent of highways in any other town shall be
an elector of such town, unless otherwise provided by an act of the
state legislature.
* NB There are 3 sub 10's
* 11. Notwithstanding the provisions of subdivision one of this
section, in the town of Somers, Westchester county, the person
performing the functions of the court clerk need not be an elector of
such town. Provided, however, the person performing the functions of
court clerk in any other town shall be an elector of such town, unless
otherwise provided by an act of the state legislature.
* NB There are 2 sub 11's
* 11. Notwithstanding the provisions of subdivision one of this
section, in the town of Pound Ridge, Westchester county, the person
performing the functions of town building inspector need not be an
elector of such town. Provided, however, the person performing the
functions of town building inspector in any other town shall be an
elector of such town, unless otherwise provided by an act of the state
legislature.
* NB There are 2 sub 11's
12. Notwithstanding the provisions of subdivision one of this section,
in the town of Pound Ridge, Westchester county, the person performing
the functions of deputy building inspector need not be an elector of
such town. Provided, however, the person performing the functions of
deputy building inspector in any other town shall be an elector of such
town, unless otherwise provided by an act of the state legislature.
13. Notwithstanding the provisions of subdivision one of this section,
in the town of Ogden, Monroe county, the person performing the functions
of town building inspection and code enforcement officer need not be an
elector of such town. Provided, however, the person performing the
functions of building inspection and code enforcement officer in any
other town shall be an elector of such town, unless otherwise provided
by law.
* 14. Notwithstanding the provisions of subdivision one of this
section, in the town of Hamlin, Monroe county, the person performing the
functions of town building inspector/code enforcement officer need not
be an elector of such town. Provided, however, the person performing the
functions of town building inspector/code enforcement officer in any
other town shall be an elector of such town, unless otherwise provided
by an act of the state legislature.
* NB There are 2 sub 14's
* 14. Notwithstanding the provisions of subdivision one of this
section, in the town of Clarkson, in the county of Monroe, the person
performing the functions of building inspector need not be an elector of
such town. Provided, however, the person performing the functions of
building inspector in any other town shall be an elector of such town,
unless otherwise provided by law.
* NB There are 2 sub 14's
* 15. Notwithstanding the provisions of subdivision one of this
section, in the town of Hamlin, Monroe county, the person performing the
functions of town fire marshall need not be an elector of such town.
Provided, however, the person performing the functions of town fire
marshall in any other town shall be an elector of such town, unless
otherwise provided by an act of the state legislature.
* NB There are 2 sub 15's
* 15. Notwithstanding the provisions of subdivision one of the
section, in the town of Clarkson, in the county of Monroe, the person
performing the functions of code enforcement officer need not be an
elector of such town. Provided, however, the person performing the
functions of code enforcement officer in any other town shall be an
elector of such town, unless otherwise provided by law.
* NB There are 2 sub 15's
16. Notwithstanding the provisions of subdivision one of this section,
in the town of Andover, in the county of Allegany, the person performing
the functions of town justice need not be an elector of such town.
Provided, however, the person performing the functions of town justice
in any other town shall be an elector of such town unless otherwise
provided by law.
17. Notwithstanding the provisions of subdivision one of this section,
in the town of Colesville, in the county of Broome, the person
performing the functions of court clerk need not be an elector of such
town. Provided, however, the person performing the functions of court
clerk in any other town shall be an elector of such town unless
otherwise provided by law.
* 18. Notwithstanding the provisions of subdivision one of this
section, in the town of Copake, in the county of Columbia, the persons
performing the functions of court clerk and deputy court clerk need not
be electors of such town. Provided, however, the persons performing the
functions of court clerk and deputy court clerk in any other town shall
be an elector of such town unless otherwise provided by law.
* NB There are 4 sub 18's
* 18. Notwithstanding the provisions of subdivision one of this
section, in the town of Barker, in the county of Broome, the person
performing the functions of court clerk need not be an elector of such
town. Provided, however, the person performing the functions of court
clerk in any other town shall be an elector of such town unless
otherwise provided by law.
* NB There are 4 sub 18's
* 18. Notwithstanding the provisions of subdivision one of this
section, in the town of Maine, in the county of Broome, the person
performing the functions of building inspector/code enforcement officer
need not be an elector of such town. Provided, however, the person
performing the functions of building inspector/code enforcement in any
other town shall be an elector of such town unless otherwise provided by
law.
* NB There are 4 sub 18's
* 18. Notwithstanding the provisions of subdivision one of this
section, in the town of Nanticoke, in the county of Broome, the person
performing the functions of court clerk need not be an elector of such
town. Provided, however, the person performing the functions of court
clerk in any other town shall be an elector of such town unless
otherwise provided by law.
* NB There are 4 sub 18's
* 19. Notwithstanding the provisions of subdivision one of this
section, in the town of Kirkwood, in the county of Broome, the person
performing the functions of court clerk need not be an elector of such
town. Provided, however, the person performing the functions of court
clerk in any other town shall be an elector of such town unless
otherwise provided by law.
* NB There are 2 sub 19's
* 19. Notwithstanding the provisions of subdivision one of this
section, in the town of Big Flats, in the county of Chemung, persons
performing the functions of assessor, town attorney and director of
building inspection/code enforcement office need not be an elector of
such town. Provided, however, persons performing such functions or
holding such offices in any other town shall be electors of such town
unless otherwise provided by law.
* NB There are 2 sub 19's
20. Notwithstanding the provisions of subdivision one of this section,
in the town of Maine, in the county of Broome, the person performing the
functions of court clerk need not be an elector of such town. Provided,
however, the person performing the functions of court clerk in any other
town shall be an elector of such town unless otherwise provided by law.
21. Notwithstanding the provisions of subdivision one of this section,
in the town of Wellsville, in the county of Allegany, the persons
performing the functions of town justice need not be electors of such
town. Provided, however, the persons performing the functions of town
justice in any other town shall be electors of such town unless
otherwise provided by law.
22. Notwithstanding the provisions of subdivision one of this section,
in the town of Gerry, in the county of Chautauqua, the person performing
the functions of court clerk need not be an elector of such town.
Provided, however, the person performing the functions of court clerk in
any other town shall be an elector of such town, unless otherwise
provided by law.
* 23. Notwithstanding the provisions of subdivision one of this
section, in the town of Willing, in the county of Allegany, the persons
performing the functions of town justice need not be electors of such
town. Provided, however, the persons performing the functions of town
justice in any other town shall be electors of such town unless
otherwise provided by law.
* NB There are 3 sub 23's
* 23. Notwithstanding the provisions of subdivision one of this
section, in the town of Windsor, in the county of Broome, the person
holding the position of clerk to justice need not be an elector of such
town. Provided, however, the person holding the position of clerk to
justice in any other town shall be an elector of such town, unless
otherwise provided by law.
* NB There are 3 sub 23's
* 23. Notwithstanding the provisions of subdivision one of this
section, in the town of Windsor, in the county of Broome, the person
performing the functions of the town building inspector and code
enforcement officer need not be an elector of such town. Provided,
however, the person performing the functions of town building inspector
in any other town shall be an elector of such town, unless otherwise
provided by an act of the state legislature.
* NB There are 3 sub 23's
* 24. Notwithstanding the provisions of subdivision one of this
section, in the town of Benson, in the county of Hamilton, the persons
performing the functions of town justice need not be electors of such
town. Provided, however, the persons performing the functions of town
justice in any other town shall be electors of such town unless
otherwise provided by law.
* NB There are 2 sub 24's
* 24. Notwithstanding the provisions of subdivision one of this
section, in the town of Genesee, in the county of Allegany, the persons
performing the functions of town justice need not be electors of such
town. Provided, however, the persons performing the functions of town
justice in any other town shall be electors of such town unless
otherwise provided by law.
* NB There are 2 sub 24's
* 25. Notwithstanding subdivision one of this section, in the town of
Fishkill, Dutchess county, the person performing the function of
comptroller need not be an elector of such town. Provided, however, the
person performing the functions of comptroller in any other town shall
be an elector of such town, unless otherwise provided by an act of the
state legislature.
* NB There are 2 sb 25's
* 25. Notwithstanding subdivision one of this section, in the town of
Cambria, Niagara county, the person performing the functions of building
inspector need not be an elector of such town. Provided, however, the
person performing the functions of building inspector in any other town
shall be an elector of such town, unless otherwise provided by an act of
the state legislature.
* NB There are 2 sb 25's
* 26. Notwithstanding the provisions of subdivision one of this
section, the town of Kirkwood, in the county of Broome, the person
performing the functions of town code enforcement officer/building
inspector need not be an elector of such town. Provided, however, the
persons performing the functions of town code enforcement
officer/building inspector in any other town shall be electors of such
town unless otherwise provided by law.
* NB There are 3 sb 26's
* 26. Notwithstanding the provisions of subdivision one of this
section, in the town of Piercefield, in the county of St. Lawrence, the
persons performing the functions of town justice need not be electors of
such town. Provided, however, the persons performing the functions of
town justice in any other town shall be electors of such town unless
otherwise provided by law.
* NB There are 3 sb 26's
* 26. Notwithstanding the provisions of subdivision one of this
section, in the town of Lyndon, in the county of Cattaraugus, the
persons performing the functions of town justice need not be electors of
such town. Provided, however, the persons performing the functions of
town justice in any other town shall be electors of such town unless
otherwise provided by law.
* NB There are 3 sb 26's
27. Notwithstanding the provisions of subdivision one of this section,
the town of Kirkwood, in the county of Broome, the person performing the
functions of code officer need not be an elector of such town. Provided,
however, the persons performing the functions of code officer in any
other town shall be electors of such town unless otherwise provided by
law.
* 28. Notwithstanding subdivision one of this section, in the town of
Wheatfield, Niagara county, the person performing the functions of
building inspector need not be an elector of such town. Provided,
however, the person performing the functions of building inspector in
any other town shall be an elector of such town, unless otherwise
provided by an act of the state legislature.
* NB There are 3 sb 28's
* 28. Notwithstanding the provisions of subdivision one of this
section, in the town of Conklin, in the county of Broome, the person
performing the functions of town building inspector and code enforcement
officer need not be an elector of such town. Provided, however, the
person performing the functions of building inspector and code
enforcement officer in any other town shall be an elector of such town,
unless otherwise provided by law.
* NB There are 3 sb 28's
* 28. Notwithstanding subdivision one of this section, in the town of
Wallkill, Orange county, the person performing the function of
comptroller need not be an elector of such town. Provided, however, the
person performing the functions of comptroller in any other town shall
be an elector of such town, unless otherwise provided by an act of the
state legislature.
* NB There are 3 sb 28's
29. Notwithstanding the provisions of subdivision one of this section,
in the town of Lewis, Lewis county, the person performing the function
of town justice, need not be an elector of such town. Provided, however,
the person performing the function of town justice in any other town
shall be an elector of such town, unless otherwise provided by an act of
the state legislature.
* 30. Notwithstanding the provisions of subdivision one of this
section, in the town of Allen, in the county of Allegany, the person
performing the function of town justice, need not be an elector of such
town. Provided, however, the person performing the function of town
justice in any other town shall be an elector of such town, unless
otherwise provided by an act of the state legislature.
* NB There are 2 sb 30's
* 30. Notwithstanding the provisions of subdivision one of this
section, in the town of LaGrange, in the county of Dutchess, the person
performing the functions of the building inspector, comptroller and
administrator of public works need not be an elector of such town.
Provided, however, the person performing the functions of the building
inspector, comptroller and administrator of public works in any other
town shall be an elector of such town, unless otherwise provided by an
act of the state legislature.
* NB There are 2 sb 30's
* 31. Notwithstanding the provisions of subdivision one of this
section, in the town of Wallkill, in the county of Orange, the persons
performing the functions of town building inspector and code enforcement
officer need not be electors of such town. Provided, however, the
persons performing the functions of building inspector and code
enforcement officer in any other town shall be electors of such town,
unless otherwise provided by law.
* NB There are 3 sb 31's
* 31. Notwithstanding subdivision one of this section, in the town of
Boylston, Oswego county, the person performing the function of town
justice need not be an elector of such town. Provided, however, the
person performing the function of town justice in any other town shall
be an elector of such town, unless otherwise provided by an act of the
state legislature.
* NB There are 3 sb 31's
* 31. Notwithstanding subdivision one of this section, in the town of
Somers, in the county of Westchester, the provisions of this section
requiring a person to be a resident of the political subdivision or
municipal corporation of the state for which he or she shall be chosen
or within which his or her official functions are required to be
exercised, shall not prevent a person from holding the office of
assistant court clerk of the town of Somers, provided that such person
resides in the county in which such town is located or Putnam county.
Provided, however, the person performing the functions of assistant
court clerk in any other town shall be a resident of such town, unless
otherwise provided by an act of the state legislature.
* NB There are 3 sb 31's
* 32. Notwithstanding subdivision one of this section, in the town of
Wilson, Niagara county, the person performing the function of building
inspector need not be an elector of such town. Provided, however, the
person performing the function of building inspector in any other town
shall be an elector of such town, unless otherwise provided by an act of
the state legislature.
* NB There are 3 sb 32's
* 32. Notwithstanding subdivision one of this section, in the town of
Sodus, Wayne County, the person performing the functions of court clerk
need not be an elector of such town. Provided, however, the person
performing the functions of court clerk in any other town shall be an
elector of such town, unless otherwise provided by an act of the state
legislature.
* NB There are 3 sb 32's
* 32. Notwithstanding the provisions of subdivision one of this
section, in the town of Putnam Valley, Putnam County, the persons
performing the functions of the building inspector/code enforcement
officer and assistant/deputy building inspector/code enforcement officer
need not be electors of such town. Provided, however, the persons
performing the functions of the building inspector/code enforcement
officer and assistant/deputy building inspector/code enforcement officer
in any other town shall be electors of such town, unless otherwise
provided by an act of the state legislature.
* NB There are 3 sb 32's
* 33. Notwithstanding subdivision one of this section, in the town of
Somers, in the county of Westchester, the provisions of this section
requiring a person to be a resident of the political subdivision or
municipal corporation of the state for which he or she shall be chosen
or within which his or her official functions are required to be
exercised, shall not prevent a person from holding the position of court
attendant for the town of Somers, provided that such person resides in
the county in which such town is located. Provided, however, the person
performing the functions of court attendant in any other town shall be a
resident of such town, unless otherwise provided by an act of the state
legislature.
* NB There are 2 sb 33's
* 33. Notwithstanding subdivision one of this section, in the town of
Pavilion, Genesee county, the person performing the function of town
superintendent of highways or town engineer need not be an elector of
such town, provided that such person is an elector in an adjoining town
or village within an adjoining town within the state. Provided, however,
the person performing the function of town superintendent of highways or
town engineer in any other town shall be an elector of such town, unless
otherwise provided by an act of the state legislature.
* NB There are 2 sb 33's
34. Notwithstanding the provisions of subdivision one of this section,
in the town of Angelica, in the county of Allegany, the person
performing the function of town justice, need not be an elector of such
town. Provided, however, the person performing the function of town
justice in any other town shall be an elector of such town, unless
otherwise provided by an act of the state legislature.
35. Notwithstanding the provisions of subdivision one of this section,
in the town of Van Etten, in the county of Chemung, the person
performing the function of town justice, need not be an elector of such
town. Provided, however, the person performing the function of town
justice in any other town shall be an elector of such town, unless
otherwise provided by an act of the state legislature.
36. Notwithstanding the provisions of subdivision one of this section,
in the town of Chester, Orange county, the person performing the
function of comptroller or building inspector need not be an elector of
such town, provided that such person resides in the county in which such
town is located. Provided, however, the person performing the function
of comptroller or building inspector in any other town shall be an
elector of such town, unless otherwise provided by an act of the state
legislature.
* 37. Notwithstanding subdivision one of this section, in the town of
Pendleton, Niagara county, the person performing the function of
building inspector need not be an elector of such town. Provided,
however, the person performing the function of building inspector in any
other town shall be an elector of such town, unless otherwise provided
by an act of the state legislature.
* NB There are 3 sb 37's
* 37. Notwithstanding the provisions of subdivision one of this
section, in the town of Harrison, in the county of Westchester, the
person performing the function of assistant court clerk or fire marshal,
need not be an elector of such town. Provided, however, the person
performing the function of assistant court clerk or fire marshal in any
other town shall be an elector of such town, unless otherwise provided
by an act of the state legislature.
* NB There are 3 sb 37's
* 37. Notwithstanding the provisions of subdivision one of this
section, in the town of Montour, in the county of Schuyler, the person
performing the function of town justice, need not be an elector of such
town. Provided, however, the person performing the function of town
justice in any other town shall be an elector of such town, unless
otherwise provided by an act of the state legislature.
* NB There are 3 sb 37's
* § 23-a. Residence requirement for comptroller of the town of
Cortlandt. Notwithstanding any provisions of this chapter or any other
special, general or local law to the contrary, the town board of the
town of Cortlandt in Westchester county, may, by resolution, provide
that the comptroller of the town of Cortlandt need not be a resident of
said town, however he shall be a resident of New York state.
* NB Expired December 31, 1979
Terms of office. All elective officers other than town council
members, town justices, receivers of taxes and assessors shall hold
their respective offices for two years. The terms of office of the town
council members first elected after this chapter shall take effect and
of the town council members first elected in a town which shall have
changed its classification from that of a town of the second class to
that of a town of the first class, shall be two years each for two town
council members and four years each for two town council members, and
thereafter at each biennial town election there shall be elected two
town council members for terms of four years each.
The terms of office of the town justices and elective receivers of
taxes and assessments shall be four years. The term of office of the
assessor shall be six years, unless the town retains a board of
assessors, in which case the term for each shall be four years with no
more than two assessors to be elected at any biennial election after
December thirty-first, nineteen hundred eighty-one except when the
unexpired balance of term is being filled in which case three assessors
may be elected; when appointed, the term of office shall be as provided
by section three hundred ten of the real property tax law. The term of
each elective officer shall begin on the first day of January next
succeeding the election at which he was elected. The town clerk, the
town superintendent of highways, the receiver of taxes and assessments,
the town engineer and the town attorney, whenever appointed, shall hold
their respective offices until the first day of January next succeeding
the first biennial town election held after the time of their
appointment. All other appointed officers and employees shall hold their
respective offices and positions at the pleasure of the town board,
except as otherwise provided by law.
Terms of office of elective officers. 1. Notwithstanding the
provisions of section twenty-four of this chapter or any other general
law, and at least one hundred fifty days prior to any biennial town
election, the town board of any town may adopt a resolution to provide
that the term of office of each and any elective town official
thereafter elected shall be four years, and such resolution shall be
submitted to the qualified electors of the town for their approval or
disapproval at the next biennial town election. No such resolution shall
become effective until approved by the affirmative vote of the majority
of the qualified electors of the town voting on such proposition. The
submission of such proposition shall be as provided in article seven of
this chapter for a referendum thereunder in like manner as if a petition
therefor had been filed in accordance with the provisions of this
chapter, except that such proposition shall be submitted only at a
biennial town election as hereinbefore provided. If the town board shall
have adopted such a resolution and if a majority of the votes cast on
any such proposition when submitted as herein provided shall be in the
affirmative, the terms of office of those town officers included in such
proposition and thereafter elected shall be for a period of four years.
2. In those towns where the term of office of elected officials has
been set at four years pursuant to subdivision one of this section, and
at least one hundred fifty days prior to any biennial town election, the
town board may adopt a resolution to provide that the term of office of
each and any elective town official, whose term of office was changed to
four years as provided in subdivision one of this section, thereafter
elected shall be two years, and such resolution shall be submitted to
the qualified electors of the town for their approval or disapproval at
the next biennial town election. No such resolution shall become
effective until approved by the affirmative vote of the majority of the
qualified electors of the town voting on such proposition. The
submission of such proposition shall be as provided in article seven of
this chapter for a referendum thereunder in like manner as if a petition
therefor had been filed in accordance with the provisions of this
chapter, except that such proposition shall be submitted only at a
biennial town election as hereinbefore provided. If the town board shall
have adopted such a resolution and if a majority of the votes cast on
any such proposition when submitted as herein provided shall be in the
affirmative, the terms of office of those town officers included in such
proposition and thereafter elected shall be for a period of two years.
Election of council members and town justices in the town of
Pawling. Notwithstanding the provisions of section twenty-four of this
article or any other general or special law, the town board of the town
of Pawling in Dutchess county, may by a resolution adopted at least
ninety days prior to the general election to be held in November of
nineteen hundred sixty-nine, provide that at the general election to be
held in November of nineteen hundred sixty-nine, one town council member
be elected for a term of two years and one town council member be
elected for a term of four years and thereafter at each biennial town
election there shall be elected one town council member for a term of
four years. Such resolution may also provide that at the general
election to be held in November of nineteen hundred sixty-nine, one town
justice be elected for a term of four years and thereafter at each
biennial town election there shall be elected one town justice for a
term of four years.
Oaths of office and undertaking. Before he or she enters on the
duties of the office, and within thirty days after the commencement of
the term of office for which he or she is chosen, every town officer
shall take and subscribe before an officer authorized by law to
administer oaths in his or her county, the constitutional oath of office
and such other oath as may be required by law, which shall be
administered and certified by the officer taking the same without
compensation, and such oath shall be filed in the office of the town
clerk. Each town justice shall also file such oath of office as provided
pursuant to section one hundred four of the uniform justice court act
with the county clerk and the office of court administration.
Each supervisor, town clerk, collector, receiver of taxes and
assessments, town justice, constable, town superintendent of highways,
and such other officers and employees as the town board may require,
before entering upon the duties of his or her office, and within thirty
days after commencement of the term for which he or she is chosen, shall
execute and file in the office of the clerk of the town, an official
undertaking, conditioned for the faithful performance of his or her
duties, in such form, in such sum and with such sureties as the town
board shall direct and approve and such approval shall be indicated upon
such undertaking. Unless the town board of his or her town has procured
a blanket undertaking pursuant to subdivision two of section eleven of
the public officers law that covers him or her, each town justice shall
also file such undertaking as provided by section one hundred four of
the uniform justice court act with the county clerk. Such undertaking
shall not be recorded unless the town board of the town shall adopt a
resolution so requiring and shall indicate such requirement upon such
undertaking. The undertaking of the supervisor shall be further
conditioned that he or she will well and truly keep, pay over and
account for all moneys and property, including any special district
funds and the local school fund, if any, belonging to his town and
coming into his or her hands as such supervisor. The undertaking of the
receiver of taxes and assessments shall be further conditioned that he
or she will well and truly keep, pay over and account for all moneys and
property coming into his or her hands as such receiver of taxes and
assessments, including all school district taxes, and such undertaking
shall be in lieu of any other bond or undertaking otherwise required by
law in the collection of such school district taxes and the proper
accounting therefor, except the undertaking required by sections
twenty-five hundred six and twenty-five hundred twenty-seven of the
education law, and the trustees of every school district for which such
receiver of taxes and assessments shall act as collector shall have and
may exercise the same powers and remedies with respect to such
undertakings as is given them with respect to the official bond of the
collector by the provisions of article forty-three of the education law
or by the provisions of any other general or special law. The town board
at any time may require any such officer or employee to file a new
official undertaking for such sum and with such sureties as the board
shall approve. In addition, the town board may require any town officer
depositing funds or moneys of the town to file a depository bond
indemnifying the town against any loss thereof. The town board may by
resolution determine that any such undertaking or bond shall be executed
by a surety company authorized to transact business in the state of New
York and the expense thereof shall be a charge against the town. The
filing of such oath and undertaking, when required, shall be deemed an
acceptance of the office. The town clerk shall notify the town board in
writing of the expiration of any undertaking or bond filed in his or her
office pursuant to this section, at least thirty and not more than sixty
days prior to the date of expiration thereof.
A neglect or an omission to take and file such oath, or to execute and
file such undertaking within the time prescribed herein, except in the
case of town justices, shall be deemed a refusal to serve and the office
may be filled as in case of vacancy. The undertaking of a town officer
provided by this section shall be in addition to any undertaking
otherwise required by law.
Fingerprints of persons before appointment as town police
officers, or as constables possessing powers in criminal matters. No
person shall be appointed or reappointed a member of the police
department, or a special police officer, or a constable not limited to
powers and duties in civil actions and proceedings only, in any town,
who shall not previously, for the purposes of this section, have
submitted fingerprints in the form and manner prescribed by the division
of criminal justice services to the town board or other board or officer
of the town empowered by law to make such appointment or reappointment,
and it shall be the duty of such board or officer, before making such
appointment or reappointment, to compare or cause to be compared such
fingerprints with fingerprints filed with the division of criminal
justice services; provided, however, that in any case where the
fingerprints of any such person shall once have been submitted pursuant
to this section and are on file with the board empowered to make the
appointment or reappointment, no new submission thereof shall be
required, nor shall such board be required to make or cause to be made
such comparison if such comparison shall have been made previously
pursuant to this section and certification thereof by such department is
on file with such board.
Resignation of town officers. Any town officer may resign to the
town clerk in the manner provided by section thirty-one of the public
officers law.
Compensation of town officers and employees. 1. The town board
of each town shall fix, from time to time, the salaries of all officers
and employees of said town, whether elected or appointed, and determine
when the same shall be payable. The town board shall not fix the
salaries of the members of the town board, an elected town clerk or an
elected town superintendent of highways at an amount in excess of the
amounts respectively specified in the notice of hearing on the
preliminary budget published pursuant to section one hundred eight of
this chapter. However, the annual salary of any such elected officer
may be increased, for not more than one fiscal year, in excess of the
amount specified in the notice of hearing on the preliminary budget
local law adopted pursuant to the municipal home rule law. Salaries
shall be in lieu of all fees, charges or compensation for all services
rendered to the town or any district or subdivision thereof, pursuant to
law, except that the supervisor shall not be required to account for and
pay over such fees, salary or other compensation that he or she may
receive or be entitled to from the county in which he or she is elected,
for services rendered by him or her as a member of the board of
supervisors. No town officer or employee shall retain any fees or moneys
received by him or her in connection with his or her office but such
fees or money shall be the property of the town and be paid to the
supervisor not later than the fifteenth day of each month following the
receipt thereof, excepting such fees and moneys the application and
payment of which are otherwise provided for by law. Every officer or
employee, except a town justice, is hereby required to submit monthly to
the supervisor a verified statement of all moneys received by him or her
and to pay such moneys to the supervisor who shall deliver his or her
receipt therefor. Unless such verified statement and payment be made,
such officer or employee shall not be paid any further portion of his or
her salary until a report be submitted of any moneys paid as herein
provided. The said provisions shall not affect a receiver of taxes and
assessments who deposits the money collected directly to the credit of
the supervisor and whose monthly report is equivalent to a receipt from
the supervisor. Provisions of this subdivision shall not preclude the
town from hiring laborers, clerical assistants and stenographers, and
compensating them upon the hourly or daily basis. Notwithstanding any
provision of the penal law, the civil practice law and rules, the
criminal procedure law, the uniform justice court act, or any other
general, special or local law, no police officer, special police officer
or constable of any such town shall retain for his or her own use fees,
per diem or other compensation received by him or her from the state,
the county, or any other municipality, or a private corporation or a
person, in or for the performance of the duties of his or her office,
whether such duties be of an administrative, legislative, judicial or
other nature, but all such fees and moneys so received by him or her
shall be the property of the town of which he or she is an officer and
be paid to the supervisor not later than the fifteenth day of each month
following the receipt thereof. No town justice of any town shall retain
for his or her own use fees, per diem or other compensation received by
him or her from the state, the county, or any other municipality or a
private corporation or a person, in or for the performance of the duties
of his or her office, whether such duties be of an administrative,
legislative, judicial, or other nature, but all such fees and moneys so
received shall, unless otherwise provided by law, be the property of the
town of which he or she is an officer and shall be paid by such justice
to the state comptroller within the first ten days of the month
following collection. Each such payment shall be accompanied by a true
and complete report in such form and detail as the comptroller shall
prescribe. In the event that a justice shall not receive any such fees
and moneys during any month he or she shall report this fact to the
state comptroller within the first ten days of the succeeding month.
Upon receipt of notice from the state comptroller that a justice has not
properly reported or properly accounted for any moneys received by such
justice, it shall be unlawful for the town to make any further payment
of compensation to such justice until receipt of a notice from the
comptroller that a proper accounting has been made. In all towns the
salaries of all town justices shall be equal except that the town board
may determine by a majority vote to pay salaries in different amounts.
Fees payable by virtue of the civil practice law and rules and section
sixty-eight-a of the public officers law, for taking oaths and
acknowledgment, shall not be deemed to be fees within the meaning of
this section, but may be retained, or the payment thereof waived, by the
officer taking the same.
2. Inspectors of election, ballot clerks, poll clerks and election
coordinators shall receive such an amount per day for their services on
days of registration, election and primary elections, as the town board
may determine by resolution. Such election officers shall receive
compensation for one day only for all services rendered on the day of
election and in canvassing the votes thereafter, and in completing the
returns, of either an election or of a primary election.
3. Notwithstanding the provisions of subdivision one of this section,
the town board of any town which shall not have established a police
department, may adopt a resolution determining that the police officers
of such town, including special police officers and constables, shall be
compensated by annual salary or by the week, day or hour for services
actually and necessarily performed by them in all matters other than
civil actions and proceedings, and that such police officers shall be
entitled to collect and retain for their own use, the fees, mileage,
poundage and other compensation allowed by law for services in civil
actions and proceedings.
4. Notwithstanding the provisions of subdivision one of this section,
the budget officer may receive, in addition to any other compensation, a
salary as budget officer to be fixed by the town board.
Power to administer oaths. Any town officer may administer any
necessary oath in any matter or proceeding lawfully before him, or in
connection with any paper to be filed with him as such officer.
Powers and duties of supervisor. Except where powers or duties
specified herein are devolved upon the town comptroller pursuant to
section thirty-four of this chapter, the supervisor of each town.
1. Shall act as treasurer thereof and shall demand, collect, receive
and have the care and custody of moneys belonging to or due the town
from every source, except as otherwise provided by law. Except as
otherwise provided in articles eleven and thirteen, he shall also act as
treasurer and disbursing officer for every special district therein.
2. Within ten days after their receipt, shall deposit and secure in
his name as supervisor, all such moneys in the manner provided by
section ten of the general municipal law.
3. Shall disburse such moneys only by checks payable to the person or
persons entitled thereto, which checks shall, if the town board requires
such countersignature, be countersigned by the town clerk, or by the
comptroller in towns where the office of town comptroller has been
established. When authorized by resolution of the town board, such
checks may be signed with the facsimile signature of the supervisor or
other town officer whose signature is required, as reproduced by a
machine or device commonly known as a checksigner. By resolution duly
adopted, the town board may determine to enter into a contract to
provide for the deposit of the periodic payroll of the town in a bank or
trust company for disbursal by it in accordance with provisions of
section ninety-six-b of the banking law.
4. Shall keep an accurate and complete account of the receipt and
disbursement of all moneys which shall come into his hands by virtue of
his office, in books of account in the form prescribed by the state
department of audit and control for all expenditures under the highway
law and in books of account provided by the town for all other
expenditures. Such books of account shall be public records, open and
available for inspection at all reasonable hours of the day, and, upon
the expiration of his term, shall be filed in the office of the town
clerk.
7. Shall pay fixed salaries, the principal of or interest on
indebtedness, amounts becoming due upon lawful contracts for periods
exceeding one year, and compensation for services of officers or
employees regularly engaged by the town at agreed wages by the hour,
day, week, month or year without prior audit.
8. Shall prosecute, in the name of the town, for all penalties given
by law to such town for its use and for all moneys or property due the
town.
9. Shall cause a survey to be made of the bounds of his town, whenever
required by the state department of transportation, and transmit a map
and description thereof to such department within sixty days thereafter.
The expense of such survey and map shall be defrayed by the several
towns whose bounds either wholly, or in part, shall be described
thereby; such expense to be apportioned by the board of supervisors of
the county.
10. Shall prepare and file with the town clerk within thirty days
after the expiration of each fiscal year, an annual financial report
accounting for all moneys received and disbursed by him, together with
the certificate, or certificates, of the bank or trust company where
town moneys are deposited, showing the amount of such moneys on deposit
with said bank or trust company, and cause a certified copy of such
report to be published in the official newspaper, and in such other
newspapers, if any, as the town board may require. In addition thereto,
if and whenever required, such supervisor shall submit to the other
members of the town board at the time of filing such report all
vouchers, cancelled checks or check images as authorized by section
ninety-nine-b of the general municipal law, check stubs, ledgers, cash
books, journals, and financial and accounting records of every sort
required to substantiate the accuracy and completeness of such report.
10-a. In lieu of preparing the report required by subdivision ten of
this section, the town board may determine, by resolution, that the
supervisor shall submit to the town clerk, within the time period
prescribed in section thirty of the general municipal law, a copy of the
report to the state comptroller required by section thirty of the
general municipal law, providing, however, that if the time for the
filing of the annual report has been extended by the state comptroller
as provided in the said statute, then the time for submitting a copy of
the report to the town clerk similarly shall be extended. The town clerk
shall cause either a summary of such report to be published within ten
days after receipt thereof in a form approved by the state comptroller
or a notice that a copy of such report is on file in the town clerk's
office and is available for public inspection and copying, in the
official newspaper and in such other newspapers as the town board may
direct.
11. Shall lease, sell and convey in the name of the town, property
owned by it, whenever and in the manner authorized by the provisions of
this chapter or any other general or special law and shall execute and
deliver, in the name of the town, grants of easements or other rights in
lands or other property owned by the town, whenever so directed by the
town board.
12. In towns other than those mentioned in section 9-1107 of the
environmental conservation law, and other than those included in a
forest fire district as defined in subdivision two of section 9-1109 of
the environmental conservation law, shall be superintendent of fires of
his town and charged with the duty of preventing and extinguishing
forest fires. In such capacity, he shall also be charged with the duty
of preventing and extinguishing muck fires. He shall have the power to
employ persons to act as forest rangers and fire wardens in preventing
and fighting forest and muck fires and to employ necessary assistants
therefor, and shall possess, for both such purposes, all the power and
authority conferred upon the department of environmental conservation,
district forest ranger, forest ranger and fire warden under subdivisions
one, two, three, four, five and twelve of section 9-1103, subdivision
two of section 9-1111 and section 71-0705 of the environmental
conservation law with respect to forest fires and forest fire
protection. Any person summoned to fight forest or muck fires who is
physically able and refuses to assist, shall be liable to a penalty of
twenty dollars. The town board of each town shall designate one of its
members to act as such superintendent of fires for the ensuing year in
case of absence of the supervisor. The town board shall fix the
compensation of all forest rangers, fire wardens, and assistants
employed under the provisions of this section, and all expenses incurred
under the provisions of this section shall be a charge upon and paid by
the town.
13. Shall notify the state department of transportation, in writing,
regarding the construction, reconstruction or repair by any person or
corporation, or political subdivision of the state within his town, of
any dam or other structure for impounding water, and of any dock, pier
or wharf, or other structure used as a landing place. This notice shall
be given within ten days after the commencement of such work. This
subdivision shall not apply to a dam where the area draining into the
pond formed thereby does not exceed one square mile, unless the dam is
more than ten feet in height above the natural bed of the stream at any
point or unless the quantity of water which the dam impounds exceeds one
million gallons.
14. Shall attend the annual meeting of the board of supervisors of the
county, and every regular, adjourned or special meeting thereof of which
he shall receive notice.
15. In towns of the first class, may designate a bookkeeper or
confidential secretary, or both. In towns of the second class, the town
board may by resolution authorize the supervisor of the town to
designate a bookkeeper or confidential secretary, or both. A person so
designated by the supervisor, shall receive a reasonable compensation
for his services, to be fixed by the town board and such compensation
shall be a town charge.
16. Shall have and exercise any other power or duty expressly
conferred or imposed upon him by law and such powers and duties of
administration and supervision of town or special or improvement
district functions as shall be provided by resolution of the town board,
to be performed on behalf of such board.
Powers and duties of town clerk. The town clerk of each town: 1.
Shall have the custody of all the records, books and papers of the town.
He shall attend all meetings of the town board, act as clerk thereof,
and keep a complete and accurate record of the proceedings of each
meeting, and of all propositions adopted pursuant to this chapter.
Immediately after adoption he shall enter into a book to be known as the
"ordinance book" a copy of every ordinance adopted by the town board,
specifying the date of adoption thereof. In addition, he shall act as
secretary of the board of commissioners of any improvement district when
so designated by such board of commissioners. He shall keep a complete
and accurate record in his office as town clerk of all proceedings of
every board of commissioners of improvement districts in said town. The
town clerk shall record all deeds of conveyances in the office of the
clerk of the county in which the property is located and thereafter file
the same in the town clerk's office. The cost and necessary expenses
incurred in the recording of such deeds in the county clerk's office
shall be a town charge.
1-a. Shall enter daily in a suitable book or books a record of all
moneys received by him, and shall deposit all such moneys not later than
the third business day after the total thereof exceeds the sum of two
hundred fifty dollars.
2. He shall file all certificates or oaths and other papers required
by law to be filed in his office.
3. He or she shall certify to the county clerk within twenty days
after their appointment, the names of all appointive town officers,
except inspectors of election, with their respective post-office
addresses, the date of their appointment and expiration of term of
office. He or she shall also on or before the tenth day of January in
each year, file a certificate with the department of audit and control
specifying the names of all town officers, whether elected or appointed,
excepting inspectors of election, and file a certificate with the
commissioner of taxation and finance specifying the names of all town
assessors, with their respective post-office addresses, the date of
their appointment or election and the expiration of term of office.
4. Whenever a vacancy shall occur or exist in any town office, the
town clerk shall immediately notify the county clerk of such vacancy,
specifying the name of the officer, the office in which the vacancy
occurred and the date when the same became vacant. Within five days
after such vacancy is filled, the town clerk shall file with the county
clerk and the department of audit and control and, if the vacancy was in
the office of assessor, with the commissioner of taxation and finance, a
certificate specifying the name and address of the person filling the
vacancy, together with the term for which elected or appointed. In the
case of a person appointed to fill a vacancy in the office of town
justice, the town clerk shall file a duplicate certificate with the
chief administrator of the courts. If a vacancy shall occur or exist in
the office of town clerk, the supervisor shall notify the county clerk
of such vacancy and the date when such office became vacant.
5. He shall deliver to the supervisor, before the annual meeting of
the board of supervisors of the county in each year, certified copies of
all propositions adopted by the town since the last annual meeting of
the board of supervisors.
6. At the expense of the town he or she shall procure and affix on or
near the main entrance to his or her office a sign-board with the name
of the town followed by the words "town clerk's office" in plain
characters thereon with sufficient space immediately below for posting
thereon the legal notices of the town. Such sign-board and, in any town
that maintains a regularly and routinely updated website and utilizes a
high speed internet connection, an electronic version of such sign-board
shall be one of the public places upon which any legal notice may be
posted. Towns which maintain a regularly and routinely updated website
and utilizes a high speed internet connection shall, to the extent
practicable, maintain an electronic version of such sign-board and shall
post a link to the electronic version of the sign-board on its homepage.
An electronic version of such sign-board shall include a town website
page designed or intended to provide electronic access to public
notices. A town shall not be required to maintain an electronic
sign-board pursuant to this subdivision should the town incur additional
costs in order to comply.
7. He shall issue all licenses or permits, whenever and in the manner
required by this chapter or by any other law and collect all fees
therefor, except as provided in section one hundred thirty-seven of this
chapter.
8-a. Any town in the county of Ontario may, by resolution of the town
board and upon agreement with the board of supervisors of such county,
authorize the town clerk of such town to provide for the care and
protection of any road dedication books in his possession by placing
them in the custody of the county clerk for filing and storage in a safe
place and for such purpose the board of supervisors of Ontario county is
hereby authorized to make such provision as may be necessary for the
care and preservation of such road dedication books in the office of
such county clerk.
9. Except in towns where the office of town comptroller has been
created the town clerk, when required by resolution of its town board,
shall countersign all checks required to be signed by the supervisor.
10. (a) The town clerk may appoint, and at his or her pleasure remove,
a first deputy town clerk, who shall serve without compensation from the
town unless otherwise provided by the town board. Such compensation may
be in addition to any other compensation he or she may receive as a town
officer, town official or town employee. The town clerk shall establish
the duties and responsibilities of the first deputy town clerk and such
first deputy town clerk shall possess the powers and perform the duties
of the town clerk during the absence or inability to act of the town
clerk, or during a vacancy in the office of town clerk. Before he or she
shall perform any function as such, the first deputy town clerk shall
take and file the constitutional oath of office and execute and file an
official undertaking in the manner prescribed in section twenty-five of
this article.
In addition, the town clerk may appoint, and at his or her pleasure
remove, up to two additional deputy town clerks whose duties and
responsibilities shall be established by the town board. The town board,
in its discretion, may delegate to the town clerk the authority to
establish the duties of the additional deputy town clerks. Any such
additional deputy town clerks shall serve without compensation from the
town, unless otherwise provided by the town board. Such compensation may
be in addition to any other compensation he or she may receive as a town
officer, town official or town employee. Before he or she shall perform
any function as such, the additional deputy town clerk shall take and
file the constitutional oath of office and if required by the town
board, execute and file an official undertaking in the manner prescribed
in section twenty-five of this article.
(b) In the event that the town clerk is absent or unable to act and
there is no duly appointed and qualified first deputy town clerk present
and able to act, the town board may appoint as deputy town clerk any
person other than a member of the town board; provided, however, that
such person be qualified as provided in section three of the public
officers law and section twenty-three of this article. If the town board
shall provide compensation for such deputy town clerk, such compensation
may be in addition to any other compensation he or she may receive as a
town officer, town official or town employee. Such deputy town clerk
shall hold office at the pleasure of the town board and in no event for
longer than the duration of such absence or incapacity of the town
clerk.
10-a. Where a town has not established the office of receiver of taxes
and assessments, the town clerk shall collect water rates and sewer
rents unless the town board has designated another officer or employee
to make such collections.
11. The town clerk shall have such additional powers and perform such
additional duties as are or hereafter may be conferred or imposed upon
him by law, and such further duties as the town board may determine, not
inconsistent with law.
Powers and duties of town justices; requirements; restriction.
1. The town justice shall have such jurisdiction in criminal and civil
matters and in special proceedings, as is now or may hereafter be
conferred by law. Each such justice shall:
(a) Keep or cause to be kept the records and dockets required by the
uniform justice court act. No town justice shall receive or disburse any
moneys unless he shall furnish or receive a proper receipt therefor, or
make a memorandum or record of such transaction, in such form and detail
as the state comptroller shall prescribe.
(b) At least annually and as often as may be required, submit his
dockets to the members of the town board for examination and audit.
2. No town justice selected for a term of office commencing on or
after September first, nineteen hundred sixty-seven, except one who has
been admitted to practice law in this state, shall assume the functions
of his office unless he has filed in the office of the town clerk a
certificate of completion of a course of training prescribed by the
administrative board of the judicial conference. The administrative
board may issue a temporary certificate enabling a justice to assume the
functions of his office pending completion of the earliest such course
available thereafter. Such certificates shall be in a form, and subject
to terms and conditions, prescribed by the administrative board.
3. Notwithstanding any other law, actual and necessary expenses
incurred by a justice or justice elect in attending a course of training
required of him before he can assume the functions of his office shall
be a charge against the town.
4. No town justice selected for a term of office commencing on or
after July first, nineteen hundred seventy-five, shall engage in or
accept any employment as a "police officer" or a "peace officer" as
those terms are defined in the criminal procedure law.
5. A person who has been convicted of a felony pursuant to the laws of
this state or who has been convicted in federal court or in another
state for a crime or offense that would constitute a felony under the
laws of this state shall be permanently ineligible to be a candidate for
town justice or to be appointed or continue to hold such office.
Powers and duties of town superintendent of highways and deputy
superintendent. 1. The town superintendent of highways shall have such
powers and shall perform such duties as are or hereafter may be
conferred or imposed upon him by law, and such further duties as the
town board may determine not inconsistent with law.
2. The town board of any town may at any time establish the office of
deputy town superintendent of highways. The deputy town superintendent
of highways shall be appointed by and serve at the pleasure of the town
superintendent of highways. If the town superintendent of highways shall
fail to appoint such deputy within five days after the establishment of
the office of deputy or within five days after a vacancy occurs in the
office of deputy, the town board shall have power to appoint such deputy
town superintendent of highways. During the absence or inability of the
town superintendent of highways to act, such deputy shall act and be
vested with all the powers and duties of the town superintendent as
provided by law. Before such deputy shall perform any power or duty of
the office of superintendent such deputy town superintendent of highways
shall take and file the constitutional oath of office and execute and
file an official undertaking to be approved by the town board. The town
board shall fix the compensation to be received by such deputy.
Entry by town engineer on private lands. The town engineer and
any deputy, assistant or employee of the town engineer's office
designated by him may enter upon any lands, waters or waterways, public
or private, within the town, without hindrance, for the purpose of
making surveys, examinations or investigations, including the making of
test pits and test borings, necessary or convenient in the exercise of
performance of any of the other powers or duties conferred or imposed on
the town engineer, provided that any test pits or borings made hereunder
shall be refilled and the real property so disturbed shall be restored
to its previous condition.
Powers and duties of assessors. 1. The assessor or assessors
shall have such powers and shall perform such duties as are, or
hereafter may be, conferred or imposed by law.
When required by the town board in a town of the first class, the
assessor or assessors shall keep such office hours for public
convenience as the town board shall determine.
Powers and duties of town comptroller. 1. In any town in which
the office of town comptroller shall have been established and a town
comptroller shall have been appointed and shall have qualified, the
powers of the town board of that town with respect to auditing, allowing
or rejecting all accounts, charges, claims or demands against the town
or the improvement districts thereof and with respect to the examining,
auditing and certification of accounts and receipts of town officers,
and making provision for preparing and publishing or posting lists of
all such accounts, charges, claims or demands after the audit or
rejection thereof, including the powers conferred and duties imposed
upon the town board in relation to auditing and approving certain claims
pursuant to sections two hundred eighty-four and two hundred eighty-five
of the highway law, shall devolve upon and thereafter be exercised by
such town comptroller, during the continuance of such office; and with
respect to the powers so conferred and the duties so imposed he shall be
the town board of the town during the continuance of such office. The
comptroller, when required by resolution of the town board, shall
countersign all checks required to be signed by the supervisor. The
comptroller shall annually audit the fiscal affairs of each improvement
district in said town operating under article thirteen of this chapter
and report thereon in writing to the town board.
2. In any town in which the office of town comptroller shall have been
established and a town comptroller shall have been appointed and shall
have qualified, the town board may by ordinance provide that either or
both of the following powers conferred and duties imposed upon the
supervisor under section one hundred twenty-five of this chapter shall
devolve upon and be exercised by such town comptroller during the
continuance of such office: (a) the keeping of separate appropriation
accounts and preventing funds or appropriation accounts from being
overdrawn; or (b) the drawing upon funds or appropriations, provided the
counter-signature of the supervisor shall be required. The town
comptroller shall furnish to the supervisor such information and data as
the supervisor may require for the purpose of enabling him to exercise
his powers and perform his duties or make reports required by law.
Powers and duties of collector. 1. The collector of taxes shall
be subject to the duties and shall have and possess, and shall exercise
in the manner and within the time prescribed by law, all the rights,
powers, authority, and jurisdiction conferred upon him by law. The
county clerk, in whose office the collector's undertaking shall have
been filed, shall make an entry thereof in a book to be provided for the
purpose in the same manner as judgments are entered of record; and every
such undertaking, except where the surety thereon is a fidelity or
surety company duly authorized to transact business and act as such
surety within this state, shall be a lien on all the real estate held by
the collector or his sureties within the county at the time of the
filing thereof, and shall continue to be such lien, until its condition,
together with all costs and charges which may accrue by the prosecution
thereof shall be fully satisfied. Upon a settlement in full between the
county treasurer and the collector, a certificate of payment shall be
executed in duplicate by the county treasurer, one copy to be delivered
to the collector and one copy to be filed by the county treasurer in the
office of the county clerk, and said county clerk shall then enter a
satisfaction thereof in the book in which the filing of said undertaking
is entered and opposite said entry of filing. The collector shall within
twenty-four hours after receiving the same deposit and secure all sums
of money received and collected by him in the manner provided by section
ten of the general municipal law. All tax moneys so deposited shall be
paid to the supervisor at least once in each week or at more frequent
times as may be specified by resolution of the town board, provided
however, that after payment to the supervisor in full of all moneys
payable to him pursuant to any warrant for the collection of taxes, the
residue, if any, shall be paid to the county treasurer not later than
the fifteenth day of each month following the receipt thereof. The town
board may require that such moneys be deposited in an interest bearing
account. The interest earned on tax moneys so deposited, collected on
behalf of the county, shall belong to such county unless the legislative
body of such county has, by resolution, authorized the town to credit
all or a percentage of such interest to the general fund of the town.
Upon adoption of such resolution, the clerk of the county legislative
body shall notify, in writing, all town supervisors of the percentage of
interest the town is authorized to credit to its general fund. The
provisions of this subdivision regarding the deposit of moneys and
crediting of interest shall be controlling and shall apply to each town,
notwithstanding any inconsistent provisions of any general, special or
local law.
2. The collector of taxes may appoint, and at his pleasure remove, a
deputy who shall serve without compensation from the town unless
otherwise provided by the town board. Such appointment shall be made by
an instrument in writing which shall become effective upon the filing
thereof in the office of the town clerk. Such deputy collector shall
possess the powers and perform the duties of the collector of taxes
during the absence or inability to act of the tax collector, or during a
vacancy in the office of collector. The collector shall be liable for
the faithful performance of his duties by a deputy designated by him,
except where such deputy is acting during a vacancy in the office of
collector. Whenever a vacancy shall occur in the office of collector,
the town board shall require the deputy collector to file in the office
of the clerk of the county in which the town is located, an official
undertaking conditioned for the faithful performance of his duties, in
such form, in such sum and with such sureties as the town board shall
direct and approve. Such approval shall be indicated upon such
undertaking. The town board may by resolution determine that any such
undertaking or bond shall be executed by a surety company authorized to
transact business in the state of New York and the expense thereof shall
be a charge against the town.
Collection of taxes by town clerk. 1. In any town of the second
class in which the office of tax collector or receiver of taxes exists,
the town board thereof may by resolution duly adopted at least one
hundred fifty days prior to any biennial town election, determine that
said office be abolished, same to take effect at the expiration of the
term of office to which the incumbent was elected or appointed; and no
such tax collector or town receiver of taxes shall be elected at any
biennial town election held not less than one hundred fifty days
thereafter. Upon the expiration of the term of office of such tax
collector or town receiver of taxes as provided herein, he shall
surrender and deliver to the town clerk of said town all assessment
rolls, books, papers, writings and all other documents and property in
his possession as such officer. In all towns where the office of tax
collector or receiver of taxes has been abolished, it shall be the duty
of such town clerk to collect and receive all state, county and town
taxes and assessments that may be levied in such town and the town clerk
shall have all the powers and be subject to all the duties of a
collector with respect to the collection of such taxes, the deposit of
receipts and the return of unpaid taxes, as provided by subdivision one
of section thirty-five of this chapter.
2. The board of supervisors of the county in which such town is
situate shall issue its warrant to such clerk for the collection of
taxes in such town, in the same manner as warrants are issued to
collectors, and all other warrants or authorizations for the collection
of taxes, assessments or other moneys upon the taxable property of said
town.
Powers and duties of receiver of taxes and assessments. 1. The
receiver of taxes and assessments, if the office be elective, shall hold
no other elective public office. Except as otherwise provided in section
twenty-five hundred six of the education law, he shall have and possess
and exercise in the manner and within the time prescribed by law all the
rights, powers, authority and jurisdiction possessed and exercised by
the town tax collector and the school district collectors in the town of
which he is receiver of taxes and assessments and he shall be subject to
all of the duties of such officers. Except as otherwise provided in
section twenty-five hundred six of the education law, and unless there
has been an agreement between the town board and the school board to the
contrary, it shall be the duty of such receiver of taxes and assessments
to receive and collect all state, county, town and school taxes, and all
assessments that may be levied or assessed in the town, and all fees
thereon prescribed by law, including all other moneys provided by law to
be paid to the town tax collector or school district collectors, except
that the town board of a town may by resolution authorize the receiver
of taxes and assessments to receive taxes for thirty days after the
first day specified in the notice for the payment of such taxes, at a
charge of not more than one per centum upon such taxes or without
additional charge, and except that the town board of a town may by
resolution authorize the receiver of taxes and assessments to receive
taxes heretofore payable to school district collectors after the
expiration of such thirty day period with such fee, not more than five
per centum upon such taxes, as the town board shall determine and
specify in such resolution. Upon the passage of such resolution, the
town board shall determine and fix the fee to be collected upon such
taxes. Except as otherwise provided by law, the receiver of taxes shall
receive and collect all water rates, sewer rentals, permit fees and
other fees and charges payable to said town. Except as otherwise
provided by this section, all fees, interest or penalties collected by
him upon any tax or assessment heretofore payable to the town tax
collector, or school district collectors, shall belong to the town.
Except as otherwise permitted by section fifteen hundred eighty-eight of
the real property tax law, such receiver shall enter daily in a suitable
book or books a record of all moneys received by him and such book or
books shall be public records and shall be open during office hours to
public inspection. Within twenty-four hours after receiving the same, he
shall deposit and secure all sums of money received and collected by him
to the credit of the supervisor in or with a bank or trust company
designated by the town board and notify the supervisor thereof, except
that all school district moneys collected shall be deposited to the
credit of the school district in such bank or banks as may be designated
from time to time by the boards of education or trustees of the school
districts, and except that after payment to the supervisor in full of
all moneys payable to him pursuant to any warrant for the collection of
taxes, the residue, if any, shall be deposited to the credit of the
receiver of taxes and assessments, in such banks or trust companies as
have been designated by the town board in the type of account specified
by such board and such moneys shall be paid to the county treasurer not
later than the fifteenth day of each month following the receipt
thereof, and upon expiration of such warrant the receiver shall comply
with the provisions of section nine hundred forty of the real property
tax law. In lieu of the aforesaid immediate deposit of school district
moneys to the credit of the school districts, the receiver of taxes and
assessments may deposit such school district moneys to his own credit as
receiver of taxes and assessments in the same account or accounts which
he uses for depositing and disbursing county tax moneys; provided that,
within five days after so depositing such school district moneys, he
shall make appropriate distribution thereof by depositing appropriate
sums to the credit of the school district as hereinbefore provided.
Notwithstanding the foregoing provisions of this section, the town
board, by resolution, may direct the receiver of taxes and assessments
to deposit and secure in the manner provided by section ten of the
general municipal law, in his name as receiver of taxes and assessments,
within twenty-four hours after receipt thereof, all moneys collected by
him which are due to the supervisor. All such moneys so deposited shall
be paid to the supervisor at such times as may be specified in such
resolution, but in no event later than the fifteenth day of each month
following the receipt thereof. The town board may require that any
moneys deposited to the credit of the receiver pursuant to this
subdivision be deposited in an interest bearing account. The interest
earned on tax moneys so deposited, collected on behalf of the state,
county, any school district or special district, shall belong to the
taxing entity for which such moneys were collected unless such entity
has, by statute in the case of the state or otherwise by resolution,
authorized the town to credit all or a percentage of such interest to
the general fund of the town. Upon the adoption of such statute or
resolution, the taxing entity shall notify, in writing, all town
supervisors of the percentage of interest the town is authorized to
credit to its general fund. The provisions of this subdivision regarding
the deposit of moneys and crediting of interest shall be controlling and
shall apply to each town, notwithstanding any inconsistent provisions of
any general, special or local law.
2. If any school district shall include territory in a town or towns
of the first class as well as territory in a town of the second class,
or in two or more towns of the first class, the board of education or
trustees or trustee of such school district shall divide the tax roll of
such school district so as to set forth separately that portion of the
district contained in each town of the first class and such board of
education, trustees or trustee shall deliver to each receiver of taxes
such proper portion of the tax roll and a warrant for the collection of
the taxes levied thereon. The school district collector of such school
district shall collect the taxes levied upon that portion of the
district contained in a town of the second class.
Certain offices abolished. 1. Except as otherwise provided by
section twenty-five hundred six of the education law, in towns of the
first class the offices of collector and of school district collector
are abolished from and after the beginning of the term of office of the
first receiver of taxes and assessments under this chapter, and no such
collector or school district collector shall be chosen at any time to
succeed the collectors in office when the term of such receiver begins.
Upon the taking of office by the first receiver of taxes and assessments
as provided herein, the town tax collector and each school district
collector shall surrender and deliver to such receiver all tax warrants,
assessment rolls, books, papers, writings and all other documents in his
possession as such officer. All provisions of law applicable to town tax
collectors or school district collectors, not inconsistent with the
provisions of this article, are hereby made applicable to such receiver
and such receiver shall continue to collect all fees and penalties which
such collectors, or either of them, would collect were it not for the
provisions of this article.
2. Notwithstanding the provisions of section thirty-seven of this
chapter, the town board of any town of the first class may enter into
agreement with one or more school boards for the collection of school
taxes within such town, in which event a school district collector or
collectors shall be appointed in the manner, and with all the powers and
duties, prescribed by section twenty-one hundred thirty of the education
law.
Powers and duties of constables and town police officers.
Constables and town police officers shall have all the power and
authority conferred upon constables by the general laws of the state and
such additional powers, not inconsistent with law, as shall be conferred
upon them by the town board. They shall be subject to the general
authority and direction of the town board and to such orders and
regulations as the town board may prescribe, not inconsistent with law.
Powers and duties of fence viewers. The assessors shall perform
all the duties and shall exercise all the powers hereinafter imposed and
conferred upon fence viewers. In a town having a sole appointed
assessor, the assessor and the members of the town board shall act as
fence viewers.
Additional supervisors in certain towns. 1. Resolution of town
board. Any town having a population of more than one-half the total
population of the county in which such town is located, according to the
latest federal or state census or enumeration, shall have one additional
supervisor. No such additional supervisor, however, shall be elected or
appointed in any such town which has but one supervisor at the time this
chapter takes effect, until the town board of such town shall by
resolution adopted by a majority vote determine to provide for the
election of an additional supervisor.
2. Election of supervisors in such town. At a town election held in
November following the adoption of the resolution provided for in the
preceding section, the electors of such town shall elect one additional
supervisor who shall hold office until January first following the next
biennial town election, at which time, and at each biennial town
election thereafter, two supervisors shall be elected under the general
and special laws relating to the election of supervisors applicable to
such town, except that one of such supervisors shall be elected as
presiding supervisor of such town.
3. Powers and duties of presiding supervisor. The presiding supervisor
shall exercise all the powers and be charged with all the duties imposed
upon or required of town supervisors, except as herein otherwise
provided.
4. Powers and duties of additional supervisor. Such additional
supervisor shall be a member of the town board and shall have one vote
therein. Whenever by reason of sickness or absence from the state the
presiding supervisor shall be prevented from attending to the duties of
his office, and whenever a vacancy occurs in the office of presiding
supervisor, the town board may by resolution authorize such additional
supervisor to act as presiding supervisor during such disability,
absence from the state or vacancy, as the case may be, and during such
time said supervisor shall possess all the rights and powers of the
presiding supervisor. No such additional supervisor shall perform any
act as presiding supervisor until he has qualified by the filing of
bonds and otherwise as required by law in the case of the presiding
supervisor. Such additional supervisor shall exercise such other powers
and perform such other duties not inconsistent with law as may from time
to time be authorized or required by the town board.
5. Temporary appointment; vacancies. At the meeting of the town board
immediately following the adoption of a resolution providing for the
election of an additional supervisor, the town board may appoint the
additional supervisor to which such town is entitled who shall be a
resident tax payer of such town and who shall hold office until his
successor is elected at the election first held thereafter as herein
provided. From and after the appointment by the town board of such
additional supervisor and until the election of a presiding supervisor,
the supervisor in office at the time of such appointment of an
additional supervisor shall be the presiding supervisor. Upon the death,
disability or removal of either supervisor of such town, his successor
shall be elected or appointed as provided by law in the case of a town
supervisor.
6. Salary of additional supervisor. Such additional supervisor shall
receive from the town a salary to be fixed by the town board.
7. Powers and duties of supervisors as members of the board of
supervisors. Each supervisor from such town shall be a member of the
board of supervisors of the county in which such town is located and as
a member of such board he shall have powers and duties co-ordinate with
the powers and duties of the supervisors of other towns in the county,
and he shall receive from the county for all services in any official
capacity the same salary and expenses as now or hereafter provided by
law for supervisors of other towns in such county.
If the supervisor from such a town be entitled to more than one vote,
the total number of votes to which such town is entitled, without any
limitation which would apply to a single supervisor of such town and
whether such number of votes be more or less than one-half of the total
number of such votes of such board, shall be divided equally between
such supervisors of such town.
Abolition of the additional office of supervisor of the town
of Hempstead. The additional office of supervisor of the town of
Hempstead as created pursuant to the provisions of section forty-one of
this chapter is abolished effective at 12:01 a.m. on January first,
nineteen hundred ninety-six. For purposes of the election law, any
petition filed or any nomination made in nineteen hundred ninety-five
for the office of presiding supervisor of the town of Hempstead shall be
deemed filed and or made for the office of supervisor of the town of
Hempstead which shall exist effective 12:01 a.m. on January first,
nineteen hundred ninety-six, and any petition filed or nomination made
in nineteen hundred ninety-five for the office of supervisor of the town
of Hempstead which is abolished hereunder shall be null and void.
In any town in which the office of director of purchasing
shall have been established and a director of purchasing shall have been
appointed and shall have qualified, the director of purchasing shall
make all purchases and all contracts for supplies, materials and
equipment of every nature for the town and for any town department,
board or agency for which the town may in any event be liable and for
any special improvement district within such town except for a district
having a separate board of commissioners. Before making any purchase,
the director of purchasing shall comply with such rules and regulations
in relation thereto as may be established by resolution of the town
board and such provisions of law as may be applicable thereto.
Deputy supervisor. The town board of any town may at any time
establish the office of deputy supervisor. The deputy supervisor shall
be appointed by the supervisor to serve at the pleasure of the
supervisor, and in case the office of supervisor becomes vacant any
deputy supervisor in office at the time such vacancy occurs shall
continue to serve until the successor of such deputy supervisor is
appointed. If the supervisor shall fail to appoint a deputy supervisor
within five days after the establishment of the office or within five
days after a vacancy occurs in the office, the town board shall have
power to appoint such deputy supervisor. During the absence or inability
to act of the supervisor, or while the office of supervisor is vacant,
the deputy supervisor shall preside, when present, at the meetings of
the town board and shall be vested with all of the powers and may
perform all of the duties of the supervisor under this chapter or any
other law, except that he shall have no vote in his capacity as deputy
supervisor on matters coming before the town board and he shall not
serve as a member of the county board of supervisors. Any person,
including a town officer, official or employee, may be appointed deputy
supervisor, provided that the person appointed shall possess the same
qualifications as an elective town officer. Before he shall perform any
function as such, the deputy supervisor shall take and file the
constitutional oath of office and execute and file an official
undertaking in the manner prescribed in section twenty-five of this
chapter. The town board shall fix the compensation which the deputy
supervisor shall receive, which compensation may be in addition to any
other compensation he may receive as a town officer, town official or
town employee.
ARTICLE 3-A Suburban Town Law
TITLE 1 Short Title and Application
Short title. This article shall be known and may be cited as the
suburban town law. Towns to which this article is applicable shall be
known as "suburban towns. "
Application. 1. The provisions of this article may be made
applicable, effective on a January first, after December thirty-first,
nineteen hundred sixty-three, to any town which on such January first:
(a) Has a population of at least twenty-five thousand, or
(b) Has a population of at least seventy-five hundred and is not more
than fifteen miles from a city having a population of at least one
hundred thousand, measured from their respective nearest boundary lines;
provided, however, that the population of such town shall have increased
by at least sixty-five per cent between nineteen hundred forty and
nineteen hundred sixty or by at least forty per cent between nineteen
hundred fifty and nineteen hundred sixty, as shown by the decennial
federal censuses for such years.
The current population of a town shall be determined on the basis of the
most recent decennial federal census or a special population census
taken pursuant to section twenty of the general municipal law and
subdivision five-a of section fifty-four of the state finance law and
certified to the state comptroller pursuant to law.
2. The provisions of this article may be made so applicable to such a
town by resolution of the town board adopted not later than July first
preceding the January first on which the town would become a suburban
town, which resolution also shall provide that the town shall at the
same time become a town of the first class, if it is not then such a
town, and shall elect its officers in compliance with section twelve of
this chapter. Prior to the adoption of such a resolution the town board
shall conduct a public hearing thereon on notice published at least ten
but not more than twenty days before such hearing in a newspaper or
newspapers designated pursuant to subdivision eleven of section
sixty-four of this chapter. Such resolution shall be subject to
referendum on motion of the town board or on petition pursuant to
article seven of this chapter provided, however:
(a) That any such petition shall be filed with the town clerk not
later than September fifth of the year in which the town board shall
have adopted such resolution,
(b) That if the town board, on its own motion, determines that such
resolution shall be subject to referendum or if such a petition be
filed, such referendum shall be had at the election in November of such
year or at a special town election held at least forty days after the
filing of such petition, as the town board shall determine, and in the
event the resolution is approved at such referendum the town shall
become a suburban town on the January first following such referendum,
and
3. At any biennial town election held during and after the November
prior to the January first on which a town is to become a suburban town
pursuant to this section, but not including the election in November, if
any, at which a town's becoming a suburban town is approved pursuant to
this section, there shall be elected only such officers as are required
to be elected to fill elective offices or vacancies therein, as the case
may be, for such town to function as a suburban town and a town of the
first class. With respect to additional appointive offices which such
town is required to have as a suburban town and a town of the first
class, vacancies therein shall exist as of the January first on which
the town becomes a suburban town.
4. After it shall have been finally determined pursuant to this
section that a town shall become a suburban town, the town board shall
have power to determine and make provision for any matter necessarily
involved in the transition from its form of town government at the time
of its becoming a suburban town to its government as a suburban town
under the provisions of this article where such matter is not provided
for by this article.
5. (a) Within ten days after the January first on which a town becomes
a suburban town pursuant to this section, the town clerk shall make a
certificate to such effect and transmit the same to the secretary of
state, in whose office it shall be kept as a public record, provided,
however, that in the case of those towns which became suburban towns on
January first, nineteen hundred sixty-four, such a certificate shall be
made and transmitted to the secretary of state not later than June
first, nineteen hundred sixty-four.
(b) It shall be the duty of the secretary of state to cause to be
published separately, under an appropriate heading, in the appendix of
the session laws of each year and in the appendix of the local laws of
each year, the names of the towns which have become suburban towns and
the dates on which they became suburban towns.
TITLE 2 Town Board
General powers of town board. The town board of a suburban town
shall be the legislative, appropriating, governing and policy
determining body of the town and shall have and exercise all such powers
and duties as are conferred or imposed upon it or are necessarily
incidental thereto which are consistent with the provisions of this
article; provided, however, that whenever the expense of a function or
activity is required by law or agreement to be a charge upon the taxable
property of that part of the town outside of any village and the
responsibility for the performance of such function or activity is
reassigned, transferred or changed in any way pursuant to the provisions
of this article, the expenses and liabilities attributable to such
function or activity shall continue to be a charge upon such taxable
real property outside of any village. In addition to functions, powers
and duties otherwise granted to it, the town board of a suburban town
also shall have the following functions, powers and duties:
1. Appointment of the heads and deputies of departments of town
government in cases in which such officers are appointive and the
hearing and determination of charges brought by the supervisor for the
removal from office of any of such appointive officers.
2. On recommendation of the supervisor, approval of budget
modifications and transfers between budgetary appropriations in the
annual budget or in the capital budget, if any.
3. Requiring reports from the supervisor concerning the conduct of the
official business of the town and the performance by town officers and
employees of their functions, powers and duties.
4. Making of studies and investigations as it deems to be in the best
interests of the town and, in connection therewith, to obtain and
provide for compensation for professional and technical advice, subpoena
witnesses, administer oaths and require the production of books, papers
and other evidence deemed necessary or material for any such study or
investigation.
5. Creation of non-compensated advisory boards, each member of which
shall be appointed by the town board or the supervisor, or both, as
shall be specified by the town board in its action providing for the
particular advisory board.
6. Determination and provision for any matter of town government not
otherwise provided for, including but not restricted to, any matter
necessarily involved in the transition to government of the town as a
suburban town under the provisions of this article.
TITLE 3 Supervisor
Supervisor. The supervisor shall be the chief executive officer
of a suburban town and head of the administrative branch of town
government. He shall be responsible for the proper administration of
town affairs, law enforcement and the maintenance of peace and order in
the town. Except as otherwise provided in this article or other
applicable law, in addition to the functions, powers and duties of a
supervisor as provided by this chapter and other laws of the state, the
supervisor shall have the following functions, powers and duties:
1. Appoint, and at pleasure remove, a director of finance who shall
assist the supervisor in the preparation of the preliminary budget and
the capital budget, if any, and in the administration of other fiscal
operations of the town for which the supervisor is responsible.
2. On the basis of estimates submitted to him by departments, agencies
and officers of the town, prepare annually the preliminary budget of the
town and submit it to the town board and be responsible for
administration of the annual budget after adoption by the town board,
and be responsible for recommending modifications and transfers between
appropriations in such budget during the fiscal year.
3. Where the town board has, by local law, established a capital
budget procedure, on the basis of estimates submitted to him by
departments, agencies and officers of the town, prepare with the
assistance of the planning board, if any, a proposed capital budget and,
after adoption of a capital budget by the town board, recommend for
action by the board, from time to time when necessary, modifications and
transfers between appropriations in such capital budget.
4. Bring removal charges against the appointive head or deputy head of
any department of town government for hearing and determination by the
town board.
5. Approve the transfer of personnel in and among agencies and
departments of the town.
6. Provide for and direct the internal organization and reorganization
within individual town departments or agencies where consistent with
applicable law, provided, however, that in any event, permissible
transfers of functions between departments or agencies shall be subject
to approval of the town board.
7. Keep the town board informed generally concerning town affairs and
of the financial condition and future needs of the town and make such
recommendations as may seem to him desirable.
8. Have and perform the functions, powers and duties necessary for the
execution of those functions, powers and duties specifically granted in
this article or other applicable law consistent herewith.
Official newspaper in town of Greenburgh, Westchester county.
Notwithstanding any other provision of law to the contrary, the town
board of the town of Greenburgh, Westchester county is hereby authorized
and empowered to designate as the official newspaper of such town any
newspaper regularly published in such town if such newspaper has been
entered as second class mail matter, or such town board shall have the
option to designate as its official newspaper any newspaper published in
the county if such newspaper has general circulation in such town. If no
official newspaper has been designated, the town board may authorize the
publication of a notice, resolution or ordinance in any newspaper which
could be designated as the official newspaper of the town. Such
authorization shall be deemed a designation of such newspaper as the
official newspaper of the town for the purpose of such publication.
Additional newspapers published in the English language may be
designated for the publication of such notices, resolutions and
ordinances at the option of the town board. Any designation by the town
board pursuant to the foregoing provisions shall be deemed sufficient
authority for designation of any such newspaper by any board, agency,
commission or authority of such town for any publication of notice or
resolution required by law unless the town board in its discretion shall
clearly indicate otherwise.
TITLE 4 Town Departments
Departments of town government. The town board of a suburban
town may, by local law, create, modify or discontinue departments of the
town government in addition to those otherwise authorized by law and may
assign additional functions or duties to offices, departments or
agencies established by or pursuant to act of the legislature or local
law, but may not discontinue or assign to any other office, department
or agency any function or duty otherwise required by law to be performed
by an officer serving in an elective office.
Department heads. The town board shall appoint the head of any
department of the government of the town established or created in
accordance with the provisions of this article. Such department heads
shall be principal executive officers of their respective departments
and their offices shall be in the unclassified service, and unless their
titles are otherwise designated by the town board, they shall be known
as directors. Salaries of department heads shall be determined in the
same manner as is provided in the annual budget for the salaries of
other town officers, provided, however, that where the duties of a
department head are increased, altered or diminished by local law and to
the extent funds are available therefor, appropriate adjustment may be
made in such local law in the salary of such department head.
Deputy department heads. The town board may appoint such
deputy department heads as may be authorized by act of the legislature
or local law, with power to act generally for and in place of their
principals, and the office of such a deputy shall be in the exempt class
of the civil service.
Terms of office. The head of a department and a deputy
department head shall hold office until the first day of January next
succeeding the first bi-annual town election held after his appointment,
and thereafter, shall hold office for the term of two years and until
his successor shall have qualified, provided, however, that the
appointees to such offices shall be removable at the pleasure of the
town board unless otherwise provided by local law.
TITLE 5 Special Improvements
Special improvements. 1. Definition and application. (a) The
term "improvement" or "special 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 an improvement
district pursuant to article twelve or twelve-a of this chapter, but not
including water quality treatment districts.
(b) 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 special
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, where appropriate, a map for providing an 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 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 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, if any, 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
improvement, a description of the boundaries of the proposed benefited
area, if any, the maximum amount proposed to be expended for the
proposed improvement, the proposed method of apportioning the costs of
such improvement, the proposed method of financing to be employed, the
fact that a plan, report and map, if any, 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
improvement, or that any property benefited by the 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 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 improvement.
5. Increase in maximum amount. (a) At any time prior to the completion
of an improvement, the maximum amount proposed to be expended for such
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 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 in 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 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.
(b) If the notice of public hearing held pursuant to subdivision three
or four hereof proposes only the performance or supplying of certain
services and states the maximum amount to be expended annually for such
services, the maximum amount to be expended annually may be increased by
an order of the town board, provided the town board shall, after a
public hearing, determine that it is in the public interest to authorize
the increase in such maximum amount. 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 increase
proposed in the maximum amount to be expended annually.
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
improvement.
(b) If the town board shall determine that it is not in the public
interest to make the proposed improvement, the board shall adopt a
resolution stating the reasons for its determination not to make the
proposed improvement and enter the same in the minutes of its
proceedings.
(c) If the town board shall determine that it is in the public
interest, the board may adopt a resolution authorizing such 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 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 this subdivision, subdivision five or
paragraph (c) of subdivision eight of this section, or section
fifty-seven of this chapter 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 this subdivision, subdivision five or paragraph (c) of
subdivision eight of this section, or section fifty-seven of this
chapter may review the same by a proceeding pursuant to article
seventy-eight of the civil practice act 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 act
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 an
improvement shall become effective, such 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 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 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
improvement shall confer upon such lots or parcels, or (2) any part of
the cost of the 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 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 an 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 improvement. The only change in the
apportionment of the costs of an 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
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 section
fifty-one-a of this article.
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 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, where appropriate, a map for such 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 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 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 improvement is in the
public interest and economically feasible, the board shall direct the
preparation of a general plan, report, and where appropriate, a 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, sewage disposal,
water or drainage 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 an 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 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 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, 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 per cent 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 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; provided, however, that, where
the improvement is only the providing of a service at a stated annual
cost, such annual cost shall be charged in the manner prescribed in the
provisions of the resolution adopted pursuant to paragraph c of
subdivision six of this section or in modifications thereof, if any,
adopted pursuant to paragraph c of subdivision eight of this section.
12-a. Sewer rents and water rates. The town board may establish sewer
rents and water rates as provided in paragraph (l) of subdivision 1 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 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 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 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 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
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 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 section 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 per
cent 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 a 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 purpose 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.
TITLE 6 Reserve Funds
General reserve fund. 1. The town board of a suburban town may
establish a general reserve fund for the financing of all or part of the
cost of town objects or purposes having periods of probable usefulness
of at least five years pursuant to paragraph a of section 11.00 of the
local finance law, other than objects or purposes for which a reserve
fund may be established pursuant to section fifty-five-a or fifty-five-b
of this chapter.
2. There may be paid into such fund:
(a) Such an amount as may be provided therefor by budgetary
appropriation or transfer or raised by tax therefor.
(b) Such revenues as are not required by law to be paid into any other
fund or account, including the proceeds from the sale of any capital
improvement or equipment owned by such town.
3. An expenditure may be made from the fund only by an authorization
of the town board and only for a specific object or purpose having a
period of probable usefulness of at least five years pursuant to
paragraph a of section 11.00 of the local finance law. The authorization
of such an expenditure shall be subject to a permissive referendum in
the manner provided by article seven of this chapter. No expenditure
from the fund shall be authorized for that part of the cost of any
object or purpose which is to be borne by (a) assessments for benefit,
(b) ad valorem taxes upon the real property within an area of benefit
within the town, or, (c) ad valorem taxes upon the real property within
an area of the town less than the entire area.
4. Nothing contained in this article shall be deemed to prevent the
temporary advance of the moneys in the fund pursuant to the provisions
of section 165.10 of the local finance law.
Reserve funds for improvement districts. 1. The town board of
a suburban town, on behalf of any improvement district wholly located
within the town, may establish one or more reserve funds for the
financing of all or part of the cost of a "specific object or purpose"
or a "class of objects or purposes", as such terms are defined in
section 2.00 of the local finance law, which may be constructed,
reconstructed, acquired or provided by or on behalf of such district.
The authorization of the establishment of such a fund shall be subject
to a permissive referendum in the affected district and shall set forth
the estimated maximum cost of any such specific object or purpose or
class thereof.
2. There may be paid into such fund such an amount as may be provided
therefor by budgetary appropriation or such district revenues as are not
required by law to be paid into any other fund or account. Any amount
to be assessed, levied and collected in a district to provide money for
such a fund shall be assessed, levied and collected in the same manner
and at the same time as the amount to provide for the costs of operation
and maintenance of such district.
3. An expenditure may be made from such a reserve fund only by an
authorization of the town board and only for a specific object or
purpose or class thereof, the cost of which may be financed therefrom.
4. The town board may authorize the transfer to the credit of a
reserve fund created pursuant to this section for the district affected,
any unexpended balance remaining in another reserve fund created for
such district. If the object or purpose or class thereof for which the
latter fund was established has been completed, acquired or provided, a
sum sufficient to satisfy all outstanding claims arising from such
completion, acquisition or provision shall be retained in such fund and
not transferred.
Reserve fund for judgments and claims. 1. The town board of a
suburban town may establish a reserve fund for the financing of all or
part of the cost of payment of:
(a) Judgments or compromised or settled claims against the town; and
(b) Awards or sums payable by the town pursuant to a determination by
a court, or an officer, body or agency acting in an administrative or
quasi-judicial capacity.
2. The amount of any such fund shall not exceed the greater of
thirty-three thousand dollars or five per centum of the total budget for
such fiscal year at any one time, exclusive of any interest or capital
gains realized from the investment of the money in such fund. Whenever
an expenditure shall be made from such fund, additional money may be
appropriated or transferred thereto in an amount which, together with
all money remaining in such fund including any interest or capital gains
realized from the investment of the money in such fund, shall not exceed
the greater of thirty-three thousand dollars or five per centum of the
total budget for such fiscal year.
3. There may be paid into such fund:
(a) Such an amount as may be provided therefor by budgetary
appropriation or transfer or raised by tax therefor.
(b) Such revenues as are not required by law to be paid into any other
fund or account, including the proceeds from the sale of any capital
improvement or equipment owned by such town.
4. An expenditure may be made from the fund only by authorization of
the town board and only for a specific object or purpose, the cost of
which may be financed therefrom. Any expenditure made from such fund to
pay all or part of the cost of a judgment, claim, award or determination
arising out of the management, improvement, operation or maintenance of
any special improvement district located in the town shall be charged
back against such district and raised in the same manner as other
district charges. Any amount so charged to a district shall be included
in determining the amount of such fund, exclusive of any interest or
capital gains realized from the investment of the money in such fund.
Deposit and investment of and accounting for moneys in reserve
funds. 1. The money in each reserve fund established pursuant to this
article shall be deposited and secured in the manner provided by section
ten of the general municipal law.
2. The town board or the chief fiscal officer of the town, if the
town board shall delegate such duty to him, may invest the moneys in
each such reserve fund or, in two or more such funds, in the manner
provided in section eleven of the general municipal law. Any interest
earned or capital gains realized on the money so deposited or invested
shall accrue to and become a part of each such fund. Where the money in
two or more such reserve funds are invested together, the interest
earned or capital gains realized shall be apportioned to each separate
fund in the same proportion as the amount of each fund bears to the
aggregate amount of the several funds.
3. The chief fiscal officer shall keep a separate account for each
such fund. Such account shall show:
(a) The date and amount of each sum paid into the fund.
(b) The interest earned by such fund.
(c) The capital gains or losses resulting from the sale of investments
of the fund.
(d) The interest or capital gains which have accrued to the fund.
(e) The amount and date of each expenditure from the fund.
(f) The assets of the fund, indicating the cash balance therein and
the schedule of the amounts invested.
The chief fiscal officer, at the termination of each fiscal year,
shall render a detailed report of the operation and condition of each
such fund to the town board.
4. The members of the town board are hereby declared trustees of each
such fund and shall be subject to all the duties and responsibilities
imposed by law on trustees, and such duties and responsibilities may be
enforced by the town, or by any board, commission, agency, officer or
taxpayer thereof.
5. The members of the town board shall not:
(a) Authorize an expenditure or withdrawal from any such fund for any
purpose other than for the financing of an object or purpose which has
been authorized to be financed in whole or in part from such fund; or
(b) Expend any money withdrawn from any such fund for a purpose other
than that for which it was authorized to be withdrawn.
Any violation of this subdivision shall be an offense punishable by a
civil penalty of not more than one hundred dollars. The provisions of
this subdivision shall be considered to be in addition to any other
penalties provided by law.
TITLE 7 Town-village Cooperation
Town-village cooperation. 1. Where a suburban town and a village
or villages therein create one or more joint municipal survey committees
pursuant to article twelve-C of the general municipal law and where such
a committee makes a recommendation relating to the provision of an
existing or new function, service or facility in the town and in one or
more villages thereof:
a. If the recommendation is for the provision or extension of (1) a
town function, service or facility to one or more villages in the town
and for the spreading of the costs thereof against the affected area of
the town outside villages and against the affected area of such village
or villages or (2) a village function, service or facility to an area of
the town outside any village or to an area of any other village and for
the spreading of the costs thereof against the affected area or areas,
of the village or villages and against the affected area of the town,
and if such recommendation is acceptable to the town board and the
affected village board or boards, the town board and village board or
boards, respectively, may adopt such recommendation and, notwithstanding
any inconsistent provision of any general or special law, taxes,
assessments, or other charges necessary to pay the cost of such
function, service or facility shall be spread (1) by the town against
the affected area of the town outside villages and against the affected
area in such village or villages or (2) by the village or villages
against the affected area of such village or villages and by the town
against the affected area of the town outside any such village, as the
case may be.
b. If the recommendation is for the provision or extension of a
function, service or facility by the town in the area outside villages
or outside a specified village or villages, as the case may be, and for
the separate provision thereof by such village or villages, with the
respective costs to be spread by the town against the area outside
villages or outside the specified village or villages, as the case may
be, and separately by such village or villages against the area or areas
within the same, and if such recommendation is acceptable to the town
board and the affected village board or boards, the town board and the
affected village board or boards, respectively, may adopt such
recommendation and, notwithstanding any inconsistent provision of any
general or special law, the necessary taxes, assessments, or other
charges for such function, service or facility shall be borne and spread
on such basis.
c. If the recommendation is for the performance of a function, power
or duty among them or their districts, on a cooperative, joint or
contract basis pursuant to article five-G of the general municipal law,
or other similar law, and for allocating and financing the capital and
operating costs among them or their districts on a specified equitable
basis, and if such recommendation is acceptable to the town board and
the affected village board or boards, the town board and the affected
village board or boards, respectively, may adopt such recommendation
pursuant to such article and, notwithstanding any inconsistent provision
of general or special law, such function, power or duty shall be so
provided and the costs allocated and financed on such basis.
d. Where costs are to be spread against an area of a town or an area
of a village and such costs are financed pursuant to the local finance
law, such area shall be primarily liable therefor.
2. Members of the town board shall be eligible to serve on any joint
municipal survey committee in which the town participates.
TITLE 8 Miscellaneous Provisions
Dissolution of special improvement districts. 1. Whenever the
town board of a suburban town shall determine after a public hearing as
hereinafter provided that it is in the public interest to manage,
maintain, operate and repair as a town function, pursuant to title five
of this article, any improvement or service provided or authorized to be
provided by one or more special improvement districts, it may adopt a
resolution dissolving all special improvement districts wholly located
in such town created or existing to provide such improvement or service.
The resolution dissolving the district or districts shall provide for
the assessment of the costs of any improvement provided or authorized to
be provided by such district or districts, including the principal of
and interest on any bonds or other obligations authorized to be issued
for the purposes of such district or districts or which have been issued
for the purposes of such district or districts and are outstanding and
unpaid as of the date of such dissolution, to be borne partly by the
area of the town outside of any villages and partly by lands benefited
thereby; or by the area of the town outside of any villages; or entirely
by lands benefited thereby as the town board, in its discretion, shall
determine. Where however, (1) any part of the costs of the 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 improvement shall confer upon such lots or parcels, or
(2) any part of the costs of the 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.
2. Any such resolution shall provide that the cost of the management,
maintenance, operation and repair of such improvement or service shall
thereafter 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.
3. The district or districts shall be dissolved on the first day of
January next succeeding the effective date of the resolution dissolving
such district or districts provided, however, that if the effective date
of such resolution shall be subsequent to the first day of August in any
year, the dissolution of such district or districts shall be effective
on the first day of January of the second succeeding calendar year.
4. Upon the dissolution of any such district or districts pursuant to
this section, the improvement or service provided or authorized to be
provided by such district or districts shall thereafter be a town
function and the town board shall be responsible for the necessary
management, maintenance, operation and repair thereof. All the property
of such district or districts shall become the property of the town.
5. The town board shall conduct a public hearing on the proposed
dissolution of a district or districts pursuant to this section, on
notice published at least ten but not more than twenty days before such
hearing in a newspaper or newspapers designated pursuant to subdivision
eleven of section sixty-four of this chapter and shall also cause a copy
thereof to be posted upon the bulletin board in the office of the town
clerk. Such notice shall specify the time when and the place where such
hearing will be held and in general terms, describe the proposed
dissolution, and where appropriate, the proposed basis of apportioning,
levying and assessing all improvement costs and shall specifically state
that the cost of the management, maintenance, operation and repair of
such improvement or service provided or authorized to be provided by the
district or districts proposed to be dissolved shall thereafter 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.
6. The town board may complete any improvement authorized to be
provided in the district or districts dissolved or to be dissolved and
finance such improvement pursuant to the local finance law.
7. The town clerk shall cause a certified copy of any such resolution
to be duly recorded in the manner prescribed in paragraph (d) of
subdivision six of section fifty-four of this chapter and to be filed
with the state comptroller no later than ten days after it shall become
effective.
Special improvement district commissioners; abolition of
office. 1. Except where the town board of a town shall by at least a
three-fourths vote of the whole number of its members taken not later
than July first in the year in which it adopts a resolution to become a
suburban town, adopt a resolution continuing such offices, the term of
every commissioner in any improvement district located in any suburban
town shall expire on the thirty-first day of December immediately
succeeding the January first on which any such town shall become a
suburban town pursuant to section fifty-a of this chapter, unless a
petition be filed as provided herein requiring the submission to the
qualified electors in any such district of a proposition "Shall the
offices of commissioners be retained in the (insert the name of the
district)?" Any such petition shall be filed in the office of the town
clerk and shall be 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 at least
twenty-five per centum, or five hundred, whichever is less, of the
resident electors of the district qualified to vote at the last general
election. Any such petition must be filed not later than the first day
of July immediately succeeding the January first on which the town
became a suburban town.
2. The proposition for which the petition shall have been filed shall
be submitted to a special town election to be held not later than forty
days after the filing of such petition and at a place within such
district to be fixed by the town board. Notice of the election shall be
given, the election held and the votes canvassed and results certified
and returned in the manner provided in article six of this chapter
relating to special town elections. Every elector of the town who is a
resident and the owner of property in such district assessed upon the
last preceding town assessment roll shall be entitled to vote at such
election.
3. If a majority of the votes cast on any proposition submitted as
herein provided be in the affirmative, the provisions of article
thirteen of this chapter shall continue to be applicable to such
district and the affairs of such district shall continue to be
administered in the manner therein provided. If a majority of the votes
cast not be in the affirmative, or if no petition be filed, the
commissioners of such district shall (a) deliver to the town clerk not
later than such thirty-first day of December all the records, books and
papers of such commissioners, (b) deliver to the supervisor all funds,
(c) deliver to the town board all other property in their possession or
under their control and (d) make complete and proper accounting therefor
to the town board.
4. In the event of the abolition of the office of district
commissioner pursuant to this section, all powers previously exercised
by the commissioners so abolished shall thereafter be vested in and
exercised by the town board unless otherwise provided by such board
pursuant to this chapter.
ARTICLE 3-B Town Manager
Town manager. Any town may, by local law, establish the office
of town manager, provide for his appointment and delegate to such office
such powers and duties as may be prescribed, modified or revoked from
time to time by the town board.
Powers and duties. The town manager shall be the chief
administrative officer of the town and may be given such powers and
duties by local law, as the town board in its discretion shall prescribe
notwithstanding the provisions of any general or special law to the
contrary, unless the legislature expressly shall have restricted or
prohibited the adoption of a local law relating to the delegation or
grant of such powers provided, however, that the powers of legislation
and appropriation shall be exercised by the town board. Subject to the
provisions of sections twenty-three and twenty-four of the municipal
home rule law, the town board may also, by local law, grant or transfer
to such town manager powers and duties held by elected officials of the
town.
ARTICLE 4 Town Boards
Town board constituted. 1. In every town the supervisor and the
town council members shall constitute the town board and shall be vested
with all the powers of such a town and shall possess and exercise all
the powers and be subject to all the duties now or hereafter imposed by
law upon town boards and town boards of health within such towns; but it
is not intended to extend the power of said boards or officers within
the limits of any incorporated village or city, or in any manner to
abridge or interfere with the power and authority of the officers of any
such village or city within its corporate limits, except as otherwise
provided by law.
2. In any town in which a town justice serves as a member of the town
board, such town justice shall continue to serve as a member of the town
board until the expiration of their term. Thereafter any town justice
shall not be a member of the town board and a town council member shall
be elected as a member of such town board in place of such town justice
except as otherwise provided by the town board by resolution adopted
pursuant to the provisions of section sixty-a of this article.
Removal of town justices from town board. 1. Notwithstanding
any provision of this chapter or any other law to the contrary, in any
town in which a town justice serves as a member of the town board, a
vacancy shall be created and is hereby created on the town board upon
the expiration of the term of office of such justice and the membership
of such town board shall consist of a town supervisor and town council
members and the vacancy on such town board created by the expiration of
the term of the town justice shall be filled at the general election
preceding the expiration of the term of such justice by the election of
a town council member, unless the office of town council member does not
exist in such town. In the event the town board determines that council
members should be elected biennially and in order to so provide, it is
necessary that such council member be elected for a single one year term
or a single three year term, such town board may, by resolution provide
that the town council member elected to fill the vacancy created by the
expiration of the term of town justice as town board member, shall be
first elected for a single one or three year term as provided in such
resolution and their successors shall thereafter be elected for four
year terms.
Notwithstanding the provisions of this section, or any other law to
the contrary, which provides that a town justice shall not constitute a
member of the town board, such office of town justice shall continue and
such town justice shall have all the powers and duties of a town justice
as defined by the uniform justice court act and as otherwise provided by
law. Such town justices shall continue to be elected as town justices
except that such town justices shall not constitute members of the town
board.
2. In the event the town board determines that it will be in the best
interests of the town, such town board may, by the adoption of a
resolution, subject to permissive referendum, reduce the number of
council members or town justices and provide that the term of such town
council member first elected shall be for a single two or four year term
in order to provide for biennial town elections and their successor
shall thereafter be elected for four year terms. In no event shall any
town board constitute less than two town council members and the
supervisor. The town board of any town in which the number of council
members or justices has been reduced pursuant to this subdivision, may
adopt a resolution, subject to permissive referendum, restoring one or
two of the offices of council members or town justices previously
reduced, provided, however, that the total number of town justices for
such town including the restored offices, shall not exceed the number
provided in subdivision one of section twenty of this chapter. Such
resolution shall provide for a two or four year term for the restored
office of council member in order to provide for biennial town
elections, and their successor shall thereafter be elected for four year
terms. The election of a council member or town justice to the restored
office shall take place at the biennial town election next succeeding
the effective date of such resolution, for a term of office commencing
January first following the election.
Commissions abolished. Every separate board of commissioners is
hereby abolished, except fire district commissioners, and commissioners
of districts created pursuant to the provisions of chapter four hundred
twenty-three of the laws of nineteen hundred seventeen and chapter five
hundred fifty-five of the laws of nineteen hundred twenty-six, and the
commissioners of any district which shall have adopted a proposition
pursuant to subdivision ten of section three hundred forty-one of this
chapter. The town clerk shall forthwith notify the members of such
boards so abolished and they shall deliver to the town clerk within ten
days, all the records, books and papers of such boards or commissions
and, within the same time, shall deliver to the supervisor all funds,
and to the town board all other property in their possession or under
their control, and make complete and proper accounting therefor to the
town board. All powers heretofore exercised by said separate boards or
commissions so abolished shall hereafter be vested in and be exercised
by the town board.
Except as otherwise provided by law and subject to the provisions of
this chapter, districts now existing shall continue as now established
until such time as the town board may otherwise determine, pursuant to
the provisions of article twelve. The town board shall have authority
to, and may exercise in and for such districts all the powers permitted
by section one hundred ninety-eight of this chapter, and such additional
powers as shall be necessarily implied therefrom for the operation and
maintenance of such district or districts, including but not limited to
the employment of personal services and the purchase of required
equipment. The town board shall annually prepare a budget for the
operation and maintenance of each such district, including therein the
amounts necessary for the retirement of all bonds or other obligations
and for the payment of interest upon all outstanding indebtedness
becoming due during the next fiscal year, and the supervisor shall
submit such budget to the board of supervisors of the county at the
annual session thereof, and the total amount of such budget shall be
assessed and levied upon and collected from the taxable property within
such district or districts.
Meetings of town board. 1. The town board of every town shall
meet on or before the twentieth day of January in each year for the
purpose of making the annual accounting by town officers and employees
as required by section one hundred twenty-three of this chapter. The
requirement for the annual accounting shall not apply to a town having a
town comptroller, nor to a town which, prior to the twentieth day of
January, shall have engaged the services of a certified public
accountant or public accountant to make an annual audit to be completed
within sixty days after the close of the town's fiscal year.
2. The town board of every town of the first class shall hold at least
one meeting in each month. The supervisor of any town may, and upon
written request of two members of the board shall within ten days, call
a special meeting of the town board by giving at least two days notice
in writing to members of the board of the time when and the place where
the meeting is to be held. All meetings of the town board shall be held
within the town at such place as the town board shall determine by
resolution, except that where provision is made by law for joint
meetings of two or more town boards such joint meetings may be held in
any of the towns to be represented thereat.
Presiding officer and rules of procedure. The supervisor, when
present, shall preside at the meetings of the town board. In the absence
of the supervisor, the other members shall designate one of their
members to act as temporary chairman. A majority of the board shall
constitute a quorum for the transaction of business, but a lesser number
may adjourn. The vote upon every question shall be taken by ayes and
noes, and the names of the members present and their votes shall be
entered in the minutes. Every act, motion or resolution shall require
for its adoption the affirmative vote of a majority of all the members
of the town board. The board may determine the rules of its procedure,
and the supervisor may, from time to time, appoint one or more
committees, consisting of members of the board, to aid and assist the
board in the performance of its duties.
General powers of town boards. Subject to law and the provisions
of this chapter, the town board of every town:
1. Control of town finances. Shall have the general management and
control of the finances of the town and shall designate in the manner
provided by section ten of the general municipal law the depositaries in
which the supervisor, town clerk, tax collector, tax receiver, and
trustees of the freeholders and commonalty of a town shall deposit and
secure all moneys coming into their hands by virtue of their offices.
1-a. Petty cash fund. Notwithstanding the provisions of section one
hundred eighteen of this chapter, may by resolution establish a petty
cash fund for any town officer or head of a department or office in any
town, for the payment, in advance of audit, of properly itemized and
verified or certified bills for materials, supplies or services
furnished to the town for the conduct of its affairs and upon terms
calling for payment to the vendor upon the delivery of any such
materials or supplies or the rendering of any such services, provided
that moneys in any such fund also may be used for the purpose of making
change when such is required in the performance of official duties. The
amount of the petty cash fund established for a receiver of taxes and
assessments in a town of the first class shall not exceed one thousand
dollars and for any other officer or office or department head shall not
exceed five hundred dollars. Prior to making his return of unpaid taxes
to the county treasurer, a collector of taxes in a town of the second
class shall reimburse the supervisor for the amount of the petty cash
fund previously advanced to him. At the time of any payment from such
fund, the officer for which the fund was established shall require
delivery to him of a bill in form sufficient for audit by the town board
as required by law. At each meeting of the town board a list of all
expenditures made from each such fund since the last meeting of the
board, together with the bills supporting such expenditures, shall be
presented to the town board for audit and the town board shall direct
the supervisor to reimburse each petty cash fund from the appropriate
budgetary item or items, in an amount equal to the totals of such bills
which it shall so audit and allow, except that, in any such town in
which there is a town comptroller, such list of expenditures, together
with such bills shall be presented to said town comptroller for audit no
later than the last day of each month and the supervisor shall so
reimburse each petty cash fund in an amount equal to the total of such
bills which the town comptroller shall so audit and allow. Any of such
bills or any portion of any of such bills which the town board or the
town comptroller, as the case may be, shall refuse to audit and allow
shall be the personal liability of the officer for which the fund was
established and he shall promptly reimburse his petty cash fund in the
amount of such disallowances. If such reimbursement has not been made by
the time of the first payment of salary to such officer after the action
of the town board or the town comptroller, as the case may be, in
disallowing an amount so expended, such amount shall be withheld from
his salary payment and, if necessary, subsequent salary payments and
paid into the appropriate petty cash fund until an amount equal to the
amount so disallowed has been repaid to such petty cash fund. Any bond
or undertaking filed by any town officer or department or office head
shall be available to the town for recovery of any losses incurred by
reason of the operation of the petty cash fund established for him.
2. Acquisition and conveyance of real property. May acquire by lease,
purchase, in the manner provided by law, or by acquisition in the manner
provided by the eminent domain procedure law, any lands or rights
therein, either within or outside the town boundaries, required for any
public purpose, and may, upon the adoption of a resolution, convey or
lease real property in the name of the town, which resolution shall be
subject to a permissive referendum. If the property or rights be
acquired by acquisition, the town board may subject to the provisions of
the eminent domain procedure law at once enter into possession of the
real property or rights described when the judgment shall have been made
and entered, and the town shall thereupon stand charged and responsible
for the prompt payment of the amount which may ultimately be awarded.
Lands or rights required for a district purpose shall be acquired by the
town board in the name of the district, and the cost thereof shall be a
charge upon and assessed against such district. Such district lands and
rights may be sold or leased in the manner provided in subdivision
twelve of section one hundred ninety-eight of this chapter.
2-a. Acquisition and sale of personal property. May take, purchase,
lease, sell and dispose of personal property as the purposes of the town
may require, except as otherwise provided by law.
3. Management, custody and control of town property. Shall have the
management, custody and control of all town lands, buildings and
property of the town and keep them in good repair and may cause the same
to be insured against loss or damage by fire or other hazard.
4. Indemnity insurance. May contract at the expense of the town for
insurance indemnifying the town against any loss arising from injuries
to persons or property.
5. Vacancies. Whenever a vacancy shall occur or exist in any town
office, the town board or a majority of the members thereof, may appoint
a qualified person to fill the vacancy. If the appointment be made to
fill a vacancy in an appointive office, the person so appointed shall
hold office for the remainder of the unexpired term. If the appointment
be made to fill a vacancy in an elective office, the person so appointed
shall hold office until the commencement of the calendar year next
succeeding the first annual election at which the vacancy may be filled.
A person, otherwise qualified, who is a member of the town board at the
time the vacancy occurs may be appointed to fill the vacancy provided
that he shall have resigned prior to such appointment.
5-a. Removal of fire and health hazards and weeds. The town board may
require the owners of land to cut, trim or remove from the land owned by
them brush, grass, rubbish, or weeds, or to spray poisonous shrubs or
weeds on such land, and upon default may cause such grass, brush,
rubbish or weeds to be cut, trimmed or removed and such poisonous shrubs
or weeds to be sprayed by the town and the total expense of such
cutting, trimming, removal or spraying may be assessed by the town board
on the real property on which such brush, grass, rubbish, weeds or
poisonous shrubs or weeds were found, and the expense so assessed shall
constitute a lien and charge on the real property on which it is levied
until paid or otherwise satisfied or discharged and shall be collected
in the same manner and at the same time as other town charges. If the
owner of said lands is a non-resident, a notice to so cut, trim or
remove such brush, grass, rubbish or weeds or to spray such poisonous
shrubs or weeds mailed to such owner addressed to his last known address
shall be sufficient service thereof. The provisions of this subdivision
shall not apply within the property lines of any lands or highway
easements owned by another municipal corporation or political
subdivision of the state.
6. Award and execution of town contracts. May award contracts for any
of the purposes authorized by law and the same shall be executed by the
supervisor in the name of the town after approval by the town board.
7. Franchises. Except as otherwise provided by law, may grant rights,
franchises, permissions or consents for the use of the streets,
highways, and public places or any part thereof or the space above or
under them or any of them, for any specific purpose authorized by law
upon such terms and conditions as it may deem proper and as may be
permitted by law. No such franchise, permission or consent shall be
granted without a public hearing, notice of which shall be given by the
publication of a notice thereof in the official paper at least ten days
before the meeting.
8. Gifts to town. May take by gift, grant, bequest or devise and hold
real and personal property absolutely or in trust for parks or gardens,
or for the erection of statues, monuments, buildings or structures, or
for any public use, upon such terms or conditions as may be prescribed
by the grantor or donor and accepted by said town, and provide for the
proper administration of the same.
9. Naming and numbering streets, and providing street signs. May
designate by name and number the streets, avenues, lots, public
buildings and places, and may cause a map of the town to be prepared and
filed in the office of the town clerk, and purchase, install and
maintain street signs showing the names of streets and avenues therein.
Such names may also be changed and altered as the town board may
determine. Whenever the town board shall change the name or number of
any street, avenue, public building or place, the town clerk shall
within ten days thereafter notify the board of assessors and the
planning board, if any, of said town, the county clerk and county
engineer of the county in which said town is located, and the
post-office department of the United States thereof.
10. Street profiles. The town board may provide for the establishment
of the profiles and grades of any accepted street, avenue or highway in
the town and upon the completion thereof shall cause the same to be
filed in the office of the town clerk and of the superintendent of
highways of the town.
10-a. Permits for filling or diversion of streams. The town board may
provide for control over the filling or diversion of streams and
watercourses, except when authorized by a state or federal agency, by
requiring that any person, firm or corporation shall secure a permit
from the town board before filling or diverting any stream or
watercourse from its natural course. The town board may in its
discretion deny a permit if it determines that the proposed filling or
diversion is detrimental to the drainage or welfare of the town.
10-b. Temporary blocking of town streets, highways and roads. After a
public hearing on at least five days notice, may adopt regulations
setting forth terms and conditions for issuance of a permit by the town
superintendent of highways or commissioner of public works to hold a
neighborhood block party, celebration or event on a town street, highway
or road. Prior to the time for commencing of such party, celebration or
event and for the duration thereof, the permit issuing official shall
cause the street or portion thereof to be blocked to motor vehicles
except authorized emergency or hazard vehicles, as defined in the
vehicle and traffic law and to provide detour signs for vehicular
traffic.
11. Official newspaper. May designate as the official paper of the
town any newspaper regularly published in the town if such newspaper has
been entered as second class mail matter. If no such newspaper is
published in the town, and in any town of the second class having a
population in excess of sixty thousand according to the latest federal
census if there is no newspaper published in such town having general
circulation therein, the town board may designate any newspaper
published in the county if such newspaper has general circulation in the
town or if no newspaper is published in the county entered in a post
office within five miles from the town, any other newspaper published in
a city, town or village in an adjoining county and having a circulation
in the town. If no official paper has been designated, the town board
may authorize the publication of a notice, resolution or ordinance in
any newspaper which could be designated as the official newspaper of the
town or, if there be no newspaper which is regularly published in the
town and entered as second class mail matter, the town board may
authorize such publication in any newspaper published and having general
circulation in the town. Such authorization shall be deemed a
designation of such newspaper as the official paper of the town for the
purpose of such publication. Additional newspapers published in the
English language may be designated for the publication of such notices,
resolutions and ordinances at the option of the town board.
Notwithstanding any provisions of this subdivision to the contrary, any
publication may be designated as the official paper of the town which
was designated and publishing notice as an official newspaper of the
town prior to the year nineteen hundred forty and continued to be so
designated and publishing for at least thirty years after such year.
11-a. Drainage facilities. Upon the adoption of a resolution, the town
board of any town may, for the purpose of drainage and to protect the
property within the town from floods, freshets, and high waters,
construct drains, culverts, ditches, sluices, and other channels for the
passage of water, and may deepen, straighten, alter, pipe, or otherwise
improve any of the lakes, ponds, streams, ditches, drains, or water
courses in any part or section of the town in order to prevent the same
from overflowing, and provide that the same carry off such additional
water as may be brought to the same by other public improvements in the
towns; and for such purposes the town board of any town may acquire real
property or an interest therein by purchase, dedication, gift, devise,
or by condemnation in the manner provided by law for acquisition of real
property for highway or town road purposes. If an expenditure for any of
such purposes is to be paid by taxes levied for the fiscal year in which
such expenditure is to be made, the adoption of a resolution therefor
shall be subject to a permissive referendum.
11-b. Publication of minutes of town board meetings. The town board of
any town may publish the minutes of its proceedings in the official
newspaper, or if no official newspaper has been designated, in any
newspaper having general circulation in the town.
11-c. Central fire alarm system. In any town, all the area of which
outside of any village or villages is included in fire districts, fire
alarm districts and fire protection districts, the town board may
provide for and establish a central fire alarm system in such town, and
may purchase or lease, install, construct and maintain necessary
equipment for the operation of such central fire alarm system; provided,
that no town board shall exercise the power and authority granted by
this subdivision, unless prior thereto the governing board of each
village within such town shall by appropriate action have signified its
consent thereto, and if the governing board in any village does not
consent thereto, the central fire alarm system shall exclude said
village and the cost thereof will be assessed against the real property
of the town outside said village.
12. Appropriations for Independence day, Memorial day, Columbus day
and Veterans day. Any town may appropriate annually such sums as it may
deem appropriate for the purpose of defraying the expenses of the proper
observance of Independence day, Memorial or Decoration day, Columbus day
and Veterans day in such proportion as it may determine. Any town of the
first class, or, any town having a population of five thousand
inhabitants or more, excepting any such town having a population of two
hundred twenty-five thousand inhabitants or more, according to the
latest federal census, in which one or more posts, camps or chapters of
the Grand Army of the Republic, the United Spanish War Veterans, the
Veterans of Foreign Wars, the Jewish War Veterans of the United States,
Inc., the Catholic War Veterans, Inc., the Italian American War Veterans
of the United States, Incorporated, the Polish Legion of American
Veterans, Inc., the Marine Corps League, the Military Order of the
Purple Heart, Inc., the American Legion, the Disabled American Veterans,
AMVETS, American Veterans of World War II, Masonic War Veterans of the
State of New York, Inc., Veterans of World War I of the United States of
America Department of New York, Inc., China-Burma-India Veterans
Association, Inc., Polish-American Veterans of World War II, Amsterdam,
N. Y., Inc., Polish-American Veterans of World War II, Schenectady, N.
Y., Inc., the Sons of Union Veterans, Vietnam Veterans of America, World
War Veterans Club of Lindenhurst, Inc. or the Eastern Paralyzed Veterans
Association exists, may appropriate annually an amount not to exceed
five thousand dollars for such purpose, and any town having a population
of two hundred twenty-five thousand inhabitants or more, according to
the latest federal census, in which one or more such posts, camps or
chapters exists may annually appropriate an amount not to exceed five
thousand dollars for such purpose, and any town which has a population
of five hundred thousand inhabitants or more, according to the latest
federal census, in which one or more such posts, camps or chapters
exists may annually appropriate an amount not to exceed ten thousand
dollars for such purpose. Any moneys appropriated pursuant to the
provisions of this subdivision shall be a general town charge, except
that in any town having a population of two hundred twenty-five thousand
inhabitants or more there shall be a charge on that portion of the town
outside of any village therein and shall be assessed, levied and
collected from real property outside of any such village. Such sum when
collected shall be paid to the supervisor of such town and be disbursed
by him in such manner as the town board of such town may direct upon
vouchers properly receipted and audited by the town board of such town;
except that in any town in which there may be a post, camp or chapter of
the Grand Army of the Republic, the United Spanish War Veterans, the
Veterans of Foreign Wars, the Jewish War Veterans of the United States,
Inc., the Catholic War Veterans, Inc., the Italian American War Veterans
of the United States, Incorporated, the Polish Legion of American
Veterans, Inc., the Marine Corps League, the Military Order of the
Purple Heart, Inc., the American Legion, the Disabled American Veterans,
AMVETS, American Veterans of World War II, Masonic War Veterans of the
State of New York, Inc., Veterans of World War I of the United States of
America Department of New York, Inc., China-Burma-India Veterans
Association, Inc., Polish-American Veterans of World War II, Amsterdam,
N. Y., Inc., Polish-American Veterans of World War II, Schenectady, N.
Y., Inc., the Sons of Union Veterans, Vietnam Veterans of America, World
War Veterans Club of Lindenhurst, Inc. or the Eastern Paralyzed Veterans
Association, in any such town, the commanders and quartermasters of such
posts, camp or chapter may direct the manner and extent of such
observance and the supervisor shall pay the expenses thereof upon the
order or orders of the commander or quartermaster of such post, camp or
chapter, which orders shall be his vouchers for such payment, and in
case there may be two or more posts, camps or chapters of the Grand Army
of the Republic, the United Spanish War Veterans, the Veterans of
Foreign Wars, the Jewish War Veterans of the United States, Inc., the
Catholic War Veterans, Inc., the Italian American War Veterans of the
United States, Incorporated, the Polish Legion of American Veterans,
Inc., the Marine Corps League, the Military Order of the Purple Heart,
Inc., the American Legion, the Disabled American Veterans, AMVETS,
American Veterans of World War II, Masonic War Veterans of the State of
New York, Inc., Veterans of World War I of the United States of America
Department of New York, Inc., China-Burma-India Veterans Association,
Inc., Polish-American Veterans of World War II, Amsterdam, N. Y., Inc.,
Polish-American Veterans of World War II, Schenectady, N. Y., Inc., the
Sons of Union Veterans, Vietnam Veterans of America, World War Veterans
Club of Lindenhurst, Inc. or the Eastern Paralyzed Veterans Association,
in any such town, the commanders and quartermasters of such posts, camps
or chapters by concurrent action, shall direct the supervisor of such
town what proportion of such moneys so raised shall be expended by each
of such posts, camps or chapters which proportion shall be paid by such
supervisor upon the order or orders of the commander and quartermaster
of each of such posts. In case there is a post, camp or chapter in a
town adjoining a town in which no post, camp or chapter is located,
whose membership includes at least three residents of such town having
no post, camp or chapter, the post, camp or chapter shall appoint a
committee of not less than three of its members who are residents of the
said adjoining town in which the post, camp or chapter is not located,
and the supervisor of said town shall pay the expenses of observance of
Independence day, Memorial or Decoration day and Veterans day upon the
order or orders of said committee or a majority thereof, which orders
shall be his vouchers for such payment.
12-a. The town board of any town adjoining or contiguous to any camp
established and operating for the training of persons in the military
service of the United States may establish a recreation center in the
town and may appropriate a sum not exceeding one thousand dollars in any
year for the rental, equipment and maintenance of rooms. Any resolution
authorizing the appropriation of town funds for such purposes shall be
subject to a permissive referendum as provided in article seven of this
chapter.
13. Appropriations for rooms for patriotic organizations. In any town
in which there may, now or hereafter, be one or more posts of the Grand
Army of the Republic, the United Spanish War Veterans, the Veterans of
Foreign Wars, the Jewish War Veterans of the United States, Inc.,
Disabled American Veterans, the Catholic War Veterans, Inc., the Italian
American War Veterans of the United States, Incorporated, the Polish
Legion of American Veterans, Inc., the Marine Corps League, the Military
Order of the Purple Heart, Inc., AMVETS, American Veterans of World War
II, Masonic War Veterans of the State of New York, Inc., Veterans of
World War I of the United States of America Department of New York,
Inc., China-Burma-India Veterans Association, Inc., Polish-American
Veterans of World War II, Amsterdam, N.Y., Inc., Polish-American
Veterans of World War II, Schenectady, N.Y., Inc., World War Veterans
Club of Lindenhurst, Inc., the American Legion, the Eastern Paralyzed
Veterans Association, the Vietnam Veterans of America, the Army and Navy
Union of the United States, the American Gold Star Mothers, Inc.,
Regular Veterans Association, Inc., the 369th Veterans Association,
Inc., the Tri-County Council of Vietnam Veterans, the National Congress
of Puerto Rican Veterans, the Fleet Reserve Association, the Navy Seabee
Veterans of America, the Korean War Veterans Association, the Women's
Army Corps Veterans Association, the 82nd Airborne Division Association,
the Empire State Chapter No. 120 of the Retired Enlisted Association,
the National Amputation Foundation, or the Navy Club of the U.S.A., the
town board may appropriate a sum not exceeding five hundred dollars for
each post in any year for the purpose of assisting in defraying the
rental or maintenance of rooms for holding meetings of such post or
posts, or both. If there be a post in a town adjoining a town in which
no post is located, whose membership includes at least five residents of
such town having no post, the town board of such town having no post may
vote any sum of money, not exceeding one hundred twenty-five dollars in
any year, for the purpose of assisting in defraying the rental or
maintenance of rooms in such adjoining town as meeting places of each of
the posts hereinbefore enumerated. Claims for such rental or rentals
shall be made by the organizations interested, and shall be submitted to
the town board for audit in the same manner and at the same time as
other claims against the town.
14. Publicity fund. a. Upon the adoption of a resolution, the town
board of any town may establish a publicity fund to be expended for the
purpose of advertising the advantages of such town as a summer or winter
resort, or for commemoration programs of historical events, or
otherwise, including the necessary and legitimate expense of securing a
designation of such town as the place for holding the convention or
meeting of any organization or society and for such additional purposes
as may tend to promote the general, commercial and industrial welfare of
the town. Such an appropriation shall not exceed the sum of twenty-five
thousand dollars annually provided, however, that the town board of any
town (1) upon the adoption of a resolution, subject to a permissive
referendum, may appropriate an amount in excess of twenty-five thousand
dollars for such publicity fund. Provided, however, that the town board
of a town with a population of fifty thousand or less may not
appropriate more than fifty thousand dollars to a publicity fund unless
such town board adopts a resolution appropriating funds in excess of
fifty thousand dollars and such resolution is subject to a mandatory
referendum. The amount appropriated shall continue to be so appropriated
until the adoption of a resolution, subject to a permissive referendum,
to discontinue the same.
b. Notwithstanding the provisions of this subdivision, the town of
Webb in the county of Herkimer, may, upon adoption of a resolution
subject to a permissive referendum, appropriate a sum in excess of three
thousand dollars but not in excess of one hundred fifty thousand dollars
to its publicity fund and may continue to make such appropriations,
until the adoption of a resolution, also subject to a permissive
referendum, to discontinue the same.
c. The amount so appropriated when collected shall be paid over to the
supervisor for the payment of claims incurred and after duly itemized
and verified vouchers therefor have been audited by the town board.
14-a. Wherever it is provided in this chapter that a notice or a copy
of a notice be posted on the sign-board of the town maintained pursuant
to subdivision six of section thirty of this chapter, the town board may
direct the same to be posted in addition in such other place or places
within or without the territory affected as it may deem to be in the
public interest but failure to accomplish such additional posting shall
not affect the validity of the proceedings.
15. Appropriation for construction of conning towers. If requested by
the conservation department, the town board of any town, not within the
forest preserve, may appropriate a sum of money for the construction of
a conning tower, to be constructed by the conservation department and to
be used as a look-out in aid of the suppression of forest fires, but the
whole amount appropriated in any one year shall not exceed five hundred
dollars. The money so appropriated when collected, shall be disbursed by
the supervisor on the order of the conservation department.
15-a. Purchase of equipment for prevention of forest fires. Any town
may appropriate not exceeding the sum of one thousand dollars in any one
year without the vote of a town election for the purpose of purchasing
equipment for the prevention of forest fires within the town. Any such
equipment shall be under the direction and supervision of the town
board.
16. Traffic control, signals and standards. Any town may purchase,
lease, install and maintain traffic signals and standards, for the
control of traffic upon streets and highways outside the limits of any
incorporated village or city, and the town board may authorize the town
superintendent to purchase or lease such traffic signals and standards
and materials necessary for the installation and use thereof, without
prior approval of the board in an amount to be fixed by the board not
exceeding one thousand dollars in any one year. The cost of erection and
maintenance of such signals and standards shall be a town charge.
17. Citizens advisory committee on capital improvements. The town
board of any town having a population of five thousand or more as shown
by the latest federal census, by resolution may appoint a committee of
citizens to act in an advisory capacity to the town board on the
planning, construction, reconstruction, undertaking or acquisition of
capital improvements. The members of such committee shall serve without
compensation and it shall be the duty of such advisory committee to
meet, consult and advise with the officers named in the resolution. Such
advisory committee shall have no powers other than advisory. The town
board may authorize the payment of the just and reasonable actual
expenses of the members of such advisory committee.
17-a. Historic places. The town board may provide for the preservation
and protection of places, buildings, works of art and other objects
having a special character or aesthetic interest or value and also may
provide for appropriate and reasonable control of the use or appearance
of neighborhood private property within public view. Any such measures,
if adopted in the exercise of police power, shall be reasonable and
appropriate to the purpose, or if constituting a taking of private
property, shall provide for due compensation, which may include the
limitation or remission of taxes.
17-b. Cultural development. To promote the cultural development of the
residents of the community, the town board may appropriate and expend
funds for promotion of literary, graphic, dramatic and performing arts
by way of demonstrations, performances and exhibits of art and art
forms.
18. Control of white pine blister rust. If requested by the
conservation department, any town may appropriate a sum not exceeding
one thousand dollars in any one year for the eradication or control of
white pine blister rust. When such an appropriation has been made, the
town clerk shall deliver to the supervisor and to the conservation
department a certified copy of the resolution making the appropriation.
The supervisor shall present a certified copy thereof to the board of
supervisors and the amount thereof shall be levied upon the taxable
property of the town in the same manner as other town charges are levied
and when collected shall be paid to the supervisor. When such funds are
available, the supervisor shall, in writing, notify the conservation
department of the fact and thereafter the conservation department may
provide for the disbursement thereof in such manner as it shall deem
necessary for eradication and control.
18-a. Appropriation for deer food. If requested by the conservation
department, any town may appropriate a sum not in excess of two hundred
fifty dollars in any one year to provide food for wild deer at times
when such deer are unable to obtain natural food. Distribution of such
food shall be under the supervision of the conservation department.
18-b. Any town, where there is an infestation of the golden nematode,
may appropriate a sum not exceeding five thousand dollars ($5,000), in
any one year for the eradication or control of the golden nematode. When
such appropriation has been made, the town clerk shall deliver to the
supervisor and to the state department of agriculture and markets a
certified copy of the resolution making the appropriation. The
supervisor shall present a certified copy thereof to the board of
supervisors and the amount thereof shall be levied upon the taxable
property of the town in the same manner as other town charges are
levied, and when collected shall be paid to the supervisor. When such
funds are available, the supervisor shall, in writing, notify the state
department of agriculture and markets and thereafter the state
department of agriculture and markets may provide for the disbursement
thereof in such manner as it shall deem necessary for eradication and
control.
19. Contracts for lighting of certain improved highways and bridges.
Any town may contract for the lighting of such improved state highways
and county roads, as defined in section three of the highway law, and
for lighting the bridges on such highways, in the town outside of
incorporated villages, as the town board deems necessary for the safety
or convenience of the public. The contract for any such purpose or
purposes shall be upon such terms and for such time or period not
exceeding ten years as the board deems proper or expedient.
19-a. Appropriation for public health. The town board of any town, the
local board of health of which has been lawfully abolished, may, in lieu
of employing a public health nurse or public health nurses in the manner
authorized by section twenty-b of the public health law, contract with
any non-profit institution or agency, wholly or partly under private
control, organized to furnish visiting nursing or public health services
and agree to pay fees specified in the said contract for such services
furnished to inhabitants of the town for which the contracting
institution or agency shall not otherwise receive payment. Such
contracts shall provide that the contracting institution or agency will
comply with any rules promulgated by the county health commissioner.
Such town boards are authorized and empowered to appropriate the sums
required to be paid to such institutions and agencies under the terms of
such contracts and to raise the amount thereof by taxation.
19-b. Town medical and dental center. May create, establish, construct
and reconstruct, repair, operate, equip and maintain a suitable building
for a town medical and/or dental center or facility that meets the
requirements of the public health law and the sanitary code of the state
of New York and to acquire by purchase, lease, gift or condemnation
necessary lands therefor. Two or more adjoining towns may combine in the
establishment of such a center and the portion of expense chargeable to
each town shall be fixed by agreement of the respective town boards.
19-c. Psychiatric rehabilitation programs for mentally ill, mentally
defective, epileptic and emotionally disordered persons. May contract on
an annual basis with the county in which the town is located to furnish
and operate psychiatric rehabilitation programs in the town for the
county. Any such contract shall be subject to the prior approval of the
commissioner of mental hygiene. Notwithstanding the provisions of any
other law, a county, acting through its mental health board, may
contract with a town within the county for the furnishing of community
mental health services authorized by the community mental health
services act, as set forth in article eleven of the mental hygiene law,
to be rendered by the town for the county to residents of the town.
19-d. Contracts for physician services. Notwithstanding the provisions
of any law to the contrary, the town board of any town may contract on
an annual basis for the services of a licensed physician, whether or not
he resides within such town, to render medical care and treatment to the
inhabitants thereof and upon such terms and conditions as the town board
may prescribe. Such town board is authorized and empowered to
appropriate the sums required to be paid under the terms of such
contract and to raise the amount thereof by taxation.
A town board desiring to contract for the services authorized in this
subdivision is further authorized and empowered to appropriate and
expend a sum, not in excess of five thousand dollars, to be raised by
taxation, for the purposes of advertisement of any proposed contract,
the terms and conditions thereof or incidental thereto, and solicitation
of offers of acceptance from any qualified physician. Such advertisement
and solicitation may be accomplished in any manner the board deems
appropriate.
19-e. Psychiatric clinics. Any town may appropriate a sum not in
excess of ten thousand dollars in any one year for a psychiatric clinic
for use in the clinic's annual budget, provided said corporation is
organized under the not-for-profit corporation law and approved by and
under the jurisdiction of the department of mental hygiene and which
provides psychiatric and psychological counselling and therapy for
children under the supervision of qualified personnel for the residents
of the town.
20. Band concerts. Any town may provide for public band concerts to be
held at any place within the town annually between the first day of June
and the fifteenth day of September.
20-a. Dumping facilities. May contract with any village which has a
dumping ground for the use of such dumping ground by persons living in
such town for the disposal of their garbage, ashes, rubbish and other
waste matter. The term of any such contract shall not exceed ten years
and the consideration for such use shall be paid in equal annual
installments. Notwithstanding the provisions of any other law, the
governing board of any village having a dumping ground shall have power
to enter into any such contract on behalf of the village.
20-b. Combustible liquids. The town board may provide for the
regulation of underground areas used for the storage of combustible
liquids.
21. Town physician. May establish the office of town physician in any
town in which there is not a practicing physician, fix the salary and
appoint a duly qualified and licensed physician upon condition that he
shall reside in the town. Two or more adjoining towns may combine in the
employment of such a physician who shall reside in one of the towns so
combining. In such case the portion of the salary chargeable to each
town shall be fixed by agreement of the respective town boards.
21-a. Establishment of department of public works in certain towns. 1.
The town board of any town of the first class or of any town having a
population of ten thousand or more as shown by the latest federal
census, and in which town the office of town superintendent of highways
is an appointive office, may adopt a resolution establishing a
department of public works, and may appoint and fix the salary of a
commissioner of public works, who shall be the administrative head of
the department.
2. The commissioner of public works shall be appointed on the basis of
his administrative experience and qualifications for the duties of the
office. Such commissioner of public works shall hold office until the
first day of January next succeeding the first bi-annual town election
held after his appointment and thereafter such commissioner of public
works shall hold office for the term of two years.
2-a. The town board of any town in Suffolk county in which the office
of the town superintendent of highways is an elective or appointive
office may adopt a resolution establishing a department of public works
and providing that the town superintendent of highways shall be the
administrative head thereof.
3. Upon the establishment of a department of public works, as above
provided, the town board by appropriate resolution may transfer to said
department the functions of one or more of the departments, bureaus,
improvement districts and services that are now or may hereafter come
under the jurisdiction of the town board, and such other duties in the
nature of public works as may be prescribed by law or the town board may
determine, not inconsistent with law. All costs and expenses incurred by
the department or its officers, agents and employees on behalf of a
special improvement district, shall be charged against such district and
paid from the funds duly appropriated for the purpose of such district.
4. Whenever such town board shall transfer to a department of public
works any department, bureau, improvement district or service as in this
section provided, the employees of such department, bureau, improvement
district or service shall be continued as employees in the department of
public works, with the same classification, pensions and retirement
rights and privileges as they had immediately prior to such transfer,
provided, however, that nothing herein contained shall deprive the town
board of any power it now has with respect to any such employees.
5. Nothing herein contained shall be construed to delegate or transfer
any power of the town board contained in sections sixty-one, sixty-four
and articles twelve, fourteen and fifteen of this chapter.
22. Certain expenditures town charges. Except as otherwise provided by
law, any expense actually and necessarily incurred by the town pursuant
to the provisions of subdivisions twelve through twenty-one inclusive of
this section shall be a town charge and the amount thereof shall be
assessed and levied upon the taxable property of the town and collected
in the same manner as other town charges are assessed, levied and
collected.
23. General powers. Shall have and exercise all the powers conferred
upon the town and such additional powers as shall be necessarily implied
therefrom.
24. Shall have the power to impose a fifteen per cent admission tax at
all pari-mutuel tracks in such town, where such track is leased from a
tax exempt organization.
25. Use of agricultural assessment for improvement district charges.
May adopt a resolution authorizing the application of the agricultural
assessment established pursuant to article twenty-five-AA of the
agriculture and markets law to the special assessment or special ad
valorem levy made on behalf of an ambulance, water, lighting, fire
protection, sewer, or sanitation district on land located within the
ambulance, water, lighting, fire protection, sewer, or sanitation
district and benefitting from such agricultural assessment. A copy of
this resolution shall be delivered to the assessor or assessors of the
town and shall be effective on the assessment roll prepared on the basis
of the next taxable status date following its adoption. A resolution
repealing this authorization shall similarly be delivered to the
assessor or assessors of the town and shall be effective on the
assessment roll prepared on the basis of the next taxable status date
following its adoption.
* § 64-a. Payment in lieu of taxes for property acquired for park or
recreational purposes. The town of Hempstead having acquired certain
property for park or recreational purposes in the Lido Beach-Point
Lookout area shall have the power and authority with respect to such
property, to pay or transfer out of any town funds available to it,
annual sums in lieu of taxes to the affected taxing jurisdiction, in
order that none of such taxing jurisdiction shall suffer an inequitable
loss of revenue by virtue of such park or recreational program; provided
further, that the amount so paid or transferred for any year shall not
exceed the sum last levied for the benefit of such taxing jurisdiction
as an annual tax on such property prior to the time of its acquisition
for such purpose or purposes.
As used in this section, the term "taxing jurisdiction" means any
municipal corporation or district corporation, including any school
district or any special district, having the power to levy and collect
taxes and benefit assessments upon real property in the Lido Beach-Point
Lookout area or in whose behalf such taxes or benefit assessments may be
levied or collected.
* NB Section operative only to and including June 30, 2027
* § 64-a. Powers of town with respect to municipal deposits in
national banks in liquidation. Whenever the depositors and other
unsecured creditors of a national bank, representing at least sixty per
centum in amount of its total net unsecured liabilities as shown by the
books of the bank, acting pursuant to section two hundred seven of the
bank conservation act, have waived and released to the bank a certain
percentage of their deposits and/or other claims, the town board of a
town having municipal funds deposited in such bank, upon determining by
majority vote that it is for the best interest of the town, may
authorize the supervisor of such town to execute a waiver and/or
release, similar in form to those executed by such other depositors, by
which it shall waive and/or release unto such bank a like percentage in
amount of its net unsecured claim against the bank as shall have been
theretofore waived and/or released by the other depositors and/or
creditors representing at least sixty per centum in amount of its total
net unsecured liabilities, as aforesaid. The certificate of the
conservator or other public official in charge of such bank to the
effect that waivers and/or releases have been so executed to the amount
of sixty per centum of the total net unsecured liabilities of such bank,
shall constitute the necessary condition precedent to such action by the
town board of the town. Neither the supervisor nor any member of a town
board shall be liable to the town for any authorization given or release
or waiver executed pursuant to the provisions of this section.
* NB Effective July 1, 2027
* § 64-b. Powers of town with respect to municipal deposits in
national banks in liquidation. Whenever the depositors and other
unsecured creditors of a national bank, representing at least sixty per
centum in amount of its total net unsecured liabilities as shown by the
books of the bank, acting pursuant to section two hundred seven of the
bank conservation act, have waived and released to the bank a certain
percentage of their deposits and/or other claims, the town board of a
town having municipal funds deposited in such bank, upon determining by
majority vote that it is for the best interest of the town, may
authorize the supervisor of such town to execute a waiver and/or
release, similar in form to those executed by such other depositors, by
which it shall waive and/or release unto such bank a like percentage in
amount of its net unsecured claim against the bank as shall have been
theretofore waived and/or released by the other depositors and/or
creditors representing at least sixty per centum in amount of its total
net unsecured liabilities, as aforesaid. The certificate of the
conservator or other public official in charge of such bank to the
effect that waivers and/or releases have been so executed to the amount
of sixty per centum of the total net unsecured liabilities of such bank,
shall constitute the necessary condition precedent to such action by the
town board of the town. Neither the supervisor nor any member of a town
board shall be liable to the town for any authorization given or release
or waiver executed pursuant to the provisions of this section.
* NB Effective until June 30, 2027; then becomes § 64-a
* § 64-c. Payment in lieu of taxes for property acquired for park and
recreational purposes. The town of Hempstead, having acquired certain
property for park and recreational purposes in Lido Beach known as the
Lido Golf Club and the Lido Cabana Club shall have the power and
authority with respect to such property, to pay or transfer out of any
town funds available to it, annual sums in lieu of taxes to the affected
taxing jurisdiction, in order that none of such taxing jurisdiction
shall suffer an inequitable loss of revenue by virtue of such park and
recreational program; provided further, that the amount so paid or
transferred for any year shall not exceed the sum last levied for the
benefit of such taxing jurisdiction as an annual tax on such property
prior to the time of its acquisition for such purposes.
As used in this section, the term "taxing jurisdiction" means any
municipal corporation or district corporation, including any school
district or any special district, having the power to levy and collect
taxes and benefit assessments upon real property in Lido Beach or in
whose behalf such taxes or benefit assessments may be levied or
collected.
That the payments or transfers made pursuant to the power and
authority granted herein with respect to such property shall continue
notwithstanding that the legislature of the state of New York may
hereinafter alter, modify or replace the current method of financing of
public education and notwithstanding that a court of competent
jurisdiction may hereinafter order that such method of financing public
education be altered, modified or replaced.
* NB Expires July 1, 2027
Payment in lieu of taxes for property acquired for open space
purposes. The town of Southampton, Suffolk county, shall have the power
and authority with respect to property acquired for open space purposes
to pay or transfer out of any town funds available to it, annual sums in
lieu of taxes to the affected taxing jurisdiction, in order that none of
such taxing jurisdictions shall suffer an inequitable loss of revenue by
virtue of such open space acquisition. The amount so paid or transferred
for any year shall not exceed the sum last levied for the benefit of
such taxing jurisdiction as an annual tax on such property prior to the
time of its acquisition for such purposes. As used in this section, the
term "taxing jurisdiction" means any municipal corporation or district
corporation, including any school district or any special district,
having the power to levy and collect taxes and benefit assessments upon
real property or in whose behalf such taxes or benefit assessments may
be levied or collected. That the payments or transfers made pursuant to
the power and authority granted herein with respect to such property
shall continue notwithstanding that the legislature of the state of New
York may hereinafter alter, modify or replace the current method of
financing of public education and notwithstanding that a court of
competent jurisdiction may hereinafter order that such method of
financing public education be altered, modified or replaced.
Peconic Bay region community preservation funds. 1. As used
in this section, the following words and terms shall have the following
meanings:
(a) "Peconic Bay region" means the towns of East Hampton, Riverhead,
Shelter Island, Southampton and Southold.
(b) "Community preservation" shall mean and include any of the
purposes outlined in subdivision four of this section.
(c) "Board" means the advisory board required pursuant to subdivision
five of this section.
(d) "Fund" means the community preservation fund created pursuant to
subdivision two of this section.
(e) "Water quality improvement project" means projects designed to
improve the quality of drinking and surface waters and projects,
including operational expenses, related to the operation of the Peconic
Bay National Estuary Program, as designated by the United States
Environmental Protection Agency.
(f) "Disadvantaged communities" shall mean a community that is
identified pursuant to section 75-0111 of the environmental conservation
law.
2. The town board of any town in the Peconic Bay region is authorized
to establish by local law a community preservation fund pursuant to the
provisions of this section. Deposits into the fund may include revenues
of the local government from whatever source and shall include, at a
minimum, all revenues from a tax imposed upon the transfer of real
property interests in such town pursuant to article thirty-one-D of the
tax law. The fund shall also be authorized to accept gifts of any such
interests in land or of funds. Interest accrued by monies deposited into
the fund shall be credited to the fund. In no event shall monies
deposited in the fund be transferred to any other account. Nothing
contained in this section shall be construed to prevent the financing in
whole or in part, pursuant to the local finance law, of any acquisition
or water quality improvement project authorized pursuant to this
section. Monies from the fund may be utilized to repay any indebtedness
or obligations incurred pursuant to the local finance law consistent
with effectuating the purposes of this section. Where a town finances an
acquisition or water quality improvement project, in whole, or in part,
pursuant to the local finance law, the resolution authorizing such
indebtedness shall be accompanied by a report from the town supervisor
demonstrating how said indebtedness will be repaid by the fund. Said
report shall include an estimate of projected revenues of the fund
during the period of indebtedness. The report shall also provide an
accounting of all other indebtedness incurred against the fund to be
repaid for the same period. The town board shall make findings by
resolution that there will be sufficient revenue to repay such
indebtedness in its entirety from the fund before authorizing such
indebtedness.
3. The purposes of the fund shall be exclusively, (a) to implement a
plan for the preservation of community character as required by this
section, (b) to acquire interests or rights in real property for the
preservation of community character within the town including villages
therein in accordance with such plan and in cooperation with willing
sellers, (c) to establish a bank pursuant to a transfer of development
rights program consistent with section two hundred sixty-one-a of this
chapter, (d) to provide a management and stewardship program for such
interests and rights consistent with subdivisions nine and nine-a of
this section and in accordance with such plan designed to preserve
community character; provided that not more than ten percent of the fund
shall be utilized for the management and stewardship program, and (e) to
implement water quality improvement projects in accordance with a plan
to preserve community character. A maximum of twenty (20) percent of the
fund may be utilized for the implementation of water quality improvement
projects; provided that where such water quality improvement funds are
utilized for the operation of the Peconic Bay National Estuary Program,
the use of such funds shall only be utilized to match federal, state,
county, or other public or private funds on a dollar for dollar basis,
not to exceed ten (10) percent of the annual amount appropriated for
water quality improvement projects. Unused funds allocated for water
quality improvement projects pursuant to this subdivision may be carried
forward from year to year for utilization in future budgets. In towns
with one or more disadvantaged communities, not less than ten (10)
percent of the annual proceeds of the fund shall be utilized to benefit
such disadvantaged communities. If the implementation of the community
preservation project plan, adopted by a town board, as provided in
subdivision six of this section, has been completed, and funds are no
longer needed for the purposes outlined in this subdivision, then any
remaining monies in the fund shall be applied to reduce any bonded
indebtedness or obligations incurred to effectuate the purposes of this
section.
3-a. Preliminary and incidental costs in connection with the
acquisition of interests or rights in real property, pursuant to
subdivision three of this section, shall be deemed part of the cost of
the acquisition for which they were incurred. Such expenditures may
include any administrative or other expenditures directly arising
therefrom. No expenditure shall be charged to the fund, unless
authorized by law. A full accounting of such costs for each acquisition
of land shall be provided to the town board.
4. Preservation of community character shall involve one or more of
the following: (a) establishment of parks, nature preserves, or
recreation areas; (b) preservation of open space, including agricultural
lands provided, however, that farm buildings and structures used for the
marketing of farm products produced on such agricultural lands shall be
permitted; (c) preservation of lands of exceptional scenic value; (d)
preservation of fresh and saltwater marshes or other wetlands; (e)
preservation of aquifer recharge areas; (f) preservation of undeveloped
beachlands or shoreline including those at significant risk of coastal
flooding due to projected sea level rise and future storms; (g)
establishment of wildlife refuges for the purpose of maintaining native
animal species diversity, including the protection of habitat essential
to the recovery of rare, threatened or endangered species; (h)
preservation of pine barrens consisting of such biota as pitch pine, and
scrub oak; (i) preservation of unique or threatened ecological areas;
(j) preservation of rivers and river areas in a natural, free-flowing
condition; (k) preservation of forested land; (l) preservation of public
access to lands for public use including stream rights and waterways;
(m) preservation of historic places and properties listed on the New
York state register of historic places and/or protected under a
municipal historic preservation ordinance or law; (n) preservation of
lands necessary to protect fisheries and water dependent uses essential
to maintain and enhance maritime heritage; (o) preservation of lands
that contain significant cultural resources including the aboriginal
lands of indigenous peoples, including but not limited to, burial sites,
settlements, and lands utilized for ceremonial purposes; and (p)
undertaking any of the aforementioned in furtherance of the
establishment of a greenbelt. Preservation of community character shall
also include the protection and improvement of the quality of all water
resources.
5. The town board of any town in the Peconic Bay region which has
established a community preservation fund shall create an advisory board
to review and make recommendations on proposed acquisitions of interests
in real property or water quality improvement projects using monies from
the fund. Such board shall consist of five or seven legal residents of
the municipality who shall serve without compensation. No member of the
local legislative body shall serve on the board. A majority of the
members of the board shall have demonstrated experience with
conservation and land preservation activities or water quality
improvement activities, or historic preservation activities. The board
shall act in an advisory capacity to the town board. At least one member
of the board shall be an active farmer.
6. The town board of any town in the Peconic Bay region which has
established a community preservation fund shall, by local law, adopt a
community preservation project plan. This plan shall list every project
which the town plans to undertake pursuant to the community preservation
fund. It shall include every parcel which is necessary to be acquired in
the town in order to protect community character. Such plan shall
provide for a detailed evaluation of all available land use alternatives
to protect community character, including but not limited to: (a) fee
simple acquisition, (b) zoning regulations, including density
reductions, cluster development, and site plan and design requirements,
(c) transfer of development rights, (d) the purchase of development
rights, and (e) scenic and conservation easements. Said evaluation shall
be as specific as practicable as to each parcel selected for inclusion
in the plan. The plan shall establish the priorities for preservation,
and shall include the preservation of farmland as its highest priority.
Said plan shall also list every water quality improvement project which
the town plans to undertake pursuant to the community preservation fund
and shall state how such project would improve existing water quality.
Projects which have as their purpose the accommodation of new growth as
opposed to the remediation of water quality shall not qualify for
funding under this section. Funds from the community preservation fund
may only be expended for projects which have been included in said plan.
Said plan shall be updated not less than once every five years, but in
no event until at least three years after the adoption of the original
plan. A copy of the plan shall be filed with the commissioner of
environmental conservation, the commissioner of agriculture and markets
and the commissioner of the office of parks, recreation and historic
preservation. Said plan shall be completed at least sixty days before
the submission of the mandatory referendum required by section one
thousand four hundred forty-nine-bb of the tax law. As part of, or in
addition, to said community preservation fund project plan, each town
board may also adopt a management and stewardship plan for interests or
rights in real property acquired pursuant to this section. No monies
from the fund shall be expended for management and stewardship, except
as approved in said plan. Said plan may provide management and
stewardship projects for up to a three year period and shall provide a
description and estimated cost for each project. Said plan shall be
approved and adopted by local law and may be updated from time to time
at the discretion of the town board. Only management and stewardship
projects permitted pursuant to subdivision nine-a of this section shall
be eligible to be included in the plan.
7. The town board of any town in the Peconic Bay region which has
established a community preservation fund pursuant to this section shall
study and consider establishing a transfer of development rights program
to protect community character as provided for by section two hundred
sixty-one-a of this chapter. All provisions of such section two hundred
sixty-one-a shall be complied with. If at any time during the life of
the community preservation fund a transfer of development rights program
is established, the town may utilize monies from the community
preservation fund in order to create and fund a central bank of the
transfer of development rights program. If at any time during the life
of the community preservation fund, a transfer of development rights
program is repealed by the town, all monies from the central bank shall
be returned to the community preservation fund.
8. No interests or rights in real property shall be acquired pursuant
to this section until a public hearing is held as required by section
two hundred forty-seven of the general municipal law; provided, however,
that nothing herein shall prevent the town board from entering into a
conditional purchase agreement before a public hearing is held. Any
resolution of a town board approving an acquisition of land pursuant to
this section, shall find that acquisition was the best alternative for
the protection of community character of all the reasonable alternatives
available to the town.
9. (a) Lands acquired pursuant to this section shall be administered
and managed in a manner which maximizes public use and enjoyment in a
manner compatible with the character of such lands.
(b) Lands acquired for open space purposes shall preserve the native
biological diversity of such lands.
(c) With regard to lands acquired for open space purposes improvements
shall be limited to minimal improvements that enhance access for passive
use of such lands. Such improvements shall not degrade the ecological
value of the land or threaten essential wildlife habitat.
(d) Historic and cultural property shall be preserved consistent with
accepted standards for historic preservation. Adaptive reuse of such
properties shall be consistent with the historic character and prior use
of the property and shall be consistent with all local land use plans
and regulations. Such historic and cultural properties shall maximize
public use to the extent practicable.
(e) In furthering the purposes of this section, the town may enter
into agreements with corporations organized under the not-for-profit
corporation law and engaged in preservation activities to manage lands,
including less than fee interests acquired pursuant to the provisions of
this section, provided that any such agreement shall contain a provision
that such corporation shall keep the lands accessible to the public
unless such corporation shall demonstrate to the satisfaction of the
town that public accessibility would be detrimental to the lands or any
historic, cultural, or natural resources associated therewith. Where
revenues are generated by such corporations on such lands pursuant to
such agreements, disposition of such revenues shall be governed by the
town pursuant to resolution or local law.
9-a. (a) Management and stewardship funds may only be expended for
projects related to lands acquired for open space preservation and
historic preservation purposes. Lands acquired for any other purpose
shall not be eligible for management and stewardship funds. In the case
of lands acquired for open space preservation purposes, management and
stewardship projects shall be only expended for: (1) projects which
promote the protection or enhancement of the natural, scenic, and open
space character for which the interests or rights in real property were
acquired; or (2) minimal improvements as permitted by subdivision nine
of this section; or (3) restoration of acquired real property to its
natural state including the demolition of existing buildings and
structures.
(b) In the case of interests or rights in real property acquired for
historic preservation purposes, funds may be expended for the
restoration, rehabilitation, or replacement of buildings and structures
consistent with accepted standards for historic preservation.
(c) Expenses related to the customary operation and maintenance of
acquired interests or rights in real property shall not be permitted
from the management and stewardship portion of the fund, except that in
the case of historic properties, where the town has entered into an
agreement with a not-for profit corporation for the management of such
properties as permitted by subdivision nine of this section, up to
twenty (20) percent of the management and stewardship portion of the
fund or two (2) percent of the total annual revenue of the fund, may be
dedicated to the operation and maintenance of stewardship properties
managed by such corporations. Where a town enters into an agreement for
the management of an historic property with a not-for-profit corporation
and the town allocates management and stewardship funds for the
operation and maintenance of such historic property, said corporation
shall annually provide for a full accounting of such funds to the town
board.
(d) Any project funded pursuant to this subdivision, except operation
and maintenance expenses permitted pursuant to paragraph (c) of this
subdivision, must have a useful life of five years or more under section
11.00 of the local finance law.
(e) Any expenditure from the fund for a purpose other than that
permitted, herein, shall be deemed to be prohibited.
10. Rights or interests in real property acquired with monies from
such fund shall not be sold, leased, exchanged, donated, or otherwise
disposed of or used for other than the purposes permitted by this
section without the express authority of an act of the legislature,
which shall provide for the substitution of other lands of equal
environmental value and fair market value and reasonably equivalent
usefulness and location to those to be discontinued, sold or disposed
of, and such other requirements as shall be approved by the legislature.
Nothing in this section shall preclude a town, by local law, from
establishing additional restrictions to the alienation of lands acquired
pursuant to this section. This subdivision shall not apply to the sale
of development rights by a town acquired pursuant to this section, where
said sale is made by a central bank created by a town, pursuant to a
transfer of development rights program established by a town pursuant to
section two hundred sixty-one-a of this chapter, provided, however (a)
that the lands from which said development rights were acquired shall
remain preserved in perpetuity by a permanent conservation easement or
other instrument that similarly preserves the community character
referenced in subdivision four of this section, and (b) the proceeds
from such sale shall be deposited in the community preservation fund.
Nothing in this section shall preclude a town from utilizing development
rights acquired with monies from the fund from being utilized to provide
community housing, provided that such development rights have not been
expressly extinguished at the time of acquisition. The lands from which
said development rights were acquired shall remain preserved in
perpetuity by a permanent conservation easement or other instrument that
similarly preserves the community character referenced in subdivision
four of this section. Where such development rights are sold, the
proceeds from such sale shall be deposited in the community preservation
fund. For purposes of this subdivision, "community housing" shall mean a
primary residential property where the purchase price limit shall not
exceed one hundred fifty percent of the purchase price limits
established by the state of New York mortgage agency low interest rate
loan program in non-target categories for the county.
11. Notwithstanding any provision of law to the contrary, towns may
enter into intermunicipal agreements pursuant to article five-G of the
general municipal law for the following purposes:
(a) to jointly acquire interests or rights in real property,
consistent with the purposes of this section, where the acquisition of
such interests or rights promotes a regional public benefit for two or
more towns pursuant to a regional plan;
(b) to provide for an independent financial audit of each town's fund;
and
(c) to hire employees necessary to implement the provisions of this
section.
12. Each town shall annually commission an independent audit of the
fund. The audit shall be conducted by an independent certified public
accountant or an independent public accountant. Said audit shall be
performed by a certified public accountant or an independent public
accountant other than the one that performs the general audit of each
town's finances. Such audit shall be an examination of the fund and
shall determine whether the fund has been administered consistent with
the provisions of this section and all other applicable provisions of
state law. Said audit shall be initiated within sixty days of the close
of the fiscal year of each town and shall be completed within one
hundred twenty days of the close of the fiscal year. A copy of the audit
shall be submitted annually to the state comptroller and the town clerk.
A copy of the audit shall be made available to the public within thirty
days of its completion. A notice of the completion of the audit shall be
published in the official newspaper of the town and posted on the
official sign board of the town within ten days of its filing with the
town clerk. Said audit and notice shall also be posted on the internet
site for the town. The cost of the audit may be a charge to the fund.
13. The cost of employees and independent contractors to implement the
provisions of this section, may only be paid for by the fund where the
duties and responsibilities of said employees and independent
contractors are directly dedicated to implementing the provisions of
this section. Where such employees and independent contractors are not
exclusively dedicated to implementing the provisions of this section, no
more than the cost of the actual time expended directly dedicated to
implementing the provisions of this section may be charged. Such costs
shall be expressly identified in the town budget and any plan adopted
pursuant to this section before funds for such costs may be expended. In
addition, such costs must be documented by a time accounting system,
subject to audit. Costs relating to the activities of elected officials
implementing the purposes of this section may not be a charge to the
fund.
14. (a) The towns in the Peconic Bay region shall jointly establish,
by intermunicipal agreement, the office of regional community
preservation fund counsel to render legal opinions and interpretations
to facilitate the efficient and consistent administration of the funds
created pursuant to this section. All such opinions and interpretations
rendered shall be published on each town's official website and shall be
available to the public as a public record under article six of the
public officers law.
(b) The towns in the Peconic Bay region shall jointly establish, by
intermunicipal agreement, the Peconic Bay Region Advisory Committee to
advise town boards regarding policy and administrative issues relating
to funds established pursuant to this section. The committee shall
consist of eleven (11) members. The members shall include each Town
Supervisor or designee, a representative of village government to be
jointly selected by the villages in the Peconic Bay region and five (5)
members to be selected by the state legislative representatives
representing the Peconic Bay region with expertise in land preservation,
environmental protection, water quality protection, agriculture,
historic preservation, or parks and recreation. The committee shall
elect a chair from among its members. Said committee shall meet at least
quarterly each year. The office of regional community preservation fund
counsel shall attend the meetings of the committee and shall be further
available to the committee chair for additional consultations. The
committee shall be empowered to establish the rules for its operation,
consistent with this section.
(c) The office and committee required to be established pursuant to
this subdivision shall be implemented no later than ninety days after
the effective date of this subdivision.
Peconic Bay region septic system replacement loan program. 1.
As used in this section, the following words and terms shall have the
following meanings:
(a) "Peconic Bay region" means the towns of East Hampton, Riverhead,
Shelter Island, Southampton and Southold.
(b) "Cesspool" means a drywell that receives untreated sanitary waste
containing human excreta, which sometimes has an open bottom and/or
perforated sides.
(c) "Septic system" means a system that provides for the treatment
and/or disposition of the combination of human and sanitary waste with
water not exceeding one thousand gallons per day, serving a single
parcel of land.
(d) "Septic system project" means the replacement of a cesspool with a
septic system, the installation, replacement or upgrade of a septic
system or septic system components, or installation of enhanced
treatment technologies, including an advanced nitrogen removal system,
to significantly and quantifiably reduce environmental and/or public
health impacts associated with effluent from a cesspool or septic system
to groundwater used as drinking water, or a threatened or an impaired
waterbody.
(e) "Fund" means the community preservation fund created pursuant to
subdivision two of section sixty-four-e of this article.
2. The town board of any town in the Peconic Bay region may, by local
law, establish a septic system replacement loan program using a portion
of the water quality improvement monies from the fund, pursuant to
paragraph (e) of subdivision three of section sixty-four-e of this
article.
3. Such program may make loans to the owners of real property located
within the town to finance the installation of septic system projects.
The town shall establish priority areas within the town, which would
receive water quality and public health benefits from the installation
of septic system projects, for such loans in order to maximize
environmental and public health benefits.
4. To be eligible for a loan pursuant to this section, the septic
system project shall be listed as an approved water quality improvement
project in the town's community preservation project plan pursuant to
subdivision six of section sixty-four-e of this article and be proposed
for real property located within an established priority area of the
town. Monies from the fund may only be loaned for projects which have
been included in such plan and shall not include costs associated with
routine maintenance such as a pump out of a septic tank.
5. A local law establishing the septic system replacement loan program
shall provide for the criteria for making such loans and the terms and
conditions for repayment of such loans provided that:
(a) For loans made to an owner of real property that is a commercial
entity, not-for-profit organization, or entity other than an individual,
the town board shall have the authority by local law to impose
requirements on the maximum amount that may be borrowed through such
loan, which may consider factors including but not limited to the
property value, expected environmental and water quality benefit and
existing indebtedness secured by such property.
(b) For loans made to an owner of real property who is an individual,
the principal amount of each such loan, excluding interest, shall not
exceed the lesser of ten percent of the appraised real property value or
the actual cost of the septic system project including the costs of
installation, necessary equipment, materials, and labor.
(c) No such loan shall be made unless such septic system project will
significantly and quantifiably reduce environmental and/or public health
impacts associated with effluent from a cesspool or septic system from
the proposed real property site to groundwater used as drinking water,
or a threatened or an impaired waterbody.
6. Every loan made under the septic system replacement loan program
shall be repaid over a term not to exceed ten years. The town shall set
a fixed rate of interest for the repayment of the principal amount of
each loan at the time the loan is made provided that no interest rate
shall exceed two and one-half percent and no applicant shall receive a
loan more than once in any five-year period.
7. The principal amount of each such loan, excluding interest, shall
not exceed the actual cost of installing the septic system project,
including the costs of necessary equipment, materials, and labor.
8. No such loan shall be made for a septic system replacement project
unless such system is approved by the Suffolk County Department of
Health Services.
9. The loan made under the septic system replacement loan program
shall constitute a lien upon the real property benefitted by such loan.
10. The town may require the loan made under the septic system loan
program to be repaid by the property owner through a charge on the real
property benefitted by such loan. Such charge shall be on the real
property and shall be levied and collected at the same time and in the
same manner as town taxes, provided that such charge shall be separately
listed on the tax bill, and provided further that in the event such
charge should not be paid in a timely manner, no other municipal
corporation shall be required to credit or otherwise guarantee the
amount of such unpaid charge to the municipal corporation which
authorized the loan, notwithstanding any provision of law to the
contrary.
11. All revenues received by the town from the repayment of loans
shall be deposited in the fund.
Town of Brookhaven community preservation fund. 1. As used in
this section, the following words and terms shall have the following
meanings:
(a) "Town" means the town of Brookhaven in the county of Suffolk.
(b) "Community preservation" shall mean and include any of the
purposes outlined in subdivision four of this section.
(c) "Board" means the advisory board required pursuant to subdivision
five of this section.
(d) "Fund" means the community preservation fund created pursuant to
subdivision two of this section.
2. The town board of the town is authorized to establish by local law
a community preservation fund pursuant to the provisions of this
section. Deposits into the fund may include revenues of the town from
whatever source and shall include, at a minimum, all revenues from a tax
imposed upon the transfer of real property interests in such town
pursuant to article thirty-one-B of the tax law. The fund shall also be
authorized to accept gifts of any such interests in land or of funds.
Interest accrued by monies deposited into the fund shall be credited to
the fund. In no event shall monies deposited in the fund be transferred
to any other account. Nothing contained in this section shall be
construed to prevent the financing in whole or in part, pursuant to the
local finance law, of any acquisition authorized pursuant to this
section. Monies from the fund may be utilized to repay any indebtedness
or obligations incurred pursuant to the local finance law consistent
with effectuating the purposes of this section. The town shall only
adopt the local law authorized by this subdivision if it has incurred or
authorized bonded indebtedness since nineteen hundred eighty for open
space purposes equal to or greater than two hundred dollars per town
resident, and shall also include in such calculation of its incurred or
authorized bonded indebtedness, the incurred or authorized bonded
indebtedness dedicated for open space purposes of the county of Suffolk
within the town. The number of residents shall be determined by the 1990
U.S. Census. Said local law shall make a finding that the town has
complied with the per resident financial commitment requirement of this
subdivision.
3. The purposes of the fund shall be exclusively, (a) to implement a
plan for the preservation of community character as required by this
section, (b) to acquire interests or rights in real property for the
preservation of community character within the town including villages
therein in accordance with such plan and in cooperation with willing
sellers, (c) to establish a bank pursuant to a transfer of development
rights program consistent with section two hundred sixty-one-a of this
chapter, (d) to provide a management and stewardship program for such
interests and rights consistent with subdivision nine of this section
and in accordance with such plan designed to preserve community
character; provided that not more than ten percent of the fund shall be
utilized for the management and stewardship program, and (e) to make
payments to school, fire, fire protection and ambulance districts in
connection with lands owned by the state or any municipal corporation
within the central pine barrens area as defined in subdivision ten of
section 57-0107 of the environmental conservation law. Such payments may
only be made to districts where more than twenty-five percent of the
assessed value of such district is wholly exempt from real property
taxation pursuant to the real property tax law because it is owned by
the state or a municipal corporation. Not more than ten percent of the
fund may be used for said purpose in any calendar year. Such payments
from the fund shall not exceed the actual tax liability that would have
been due if such lands of the state or of a municipal corporation had
been subject to real property taxation. Where more than one district is
eligible for such a payment under this subdivision, and such payment is
less than the actual tax liability that would have been due if such
lands of the state or a municipal corporation had been subject to real
property taxation, the town shall apportion such annual payment on the
basis of the total tax levied by each district within the town for the
year such payment is made. Such payment made by the town shall be used
solely to reduce the property tax liability of the remaining taxpayers
of the district within said town. If the implementation of the community
preservation project plan, adopted by the town board, as provided in
subdivision six of this section, has been completed, and funds are no
longer needed for the purposes outlined in this subdivision, then any
remaining monies in the fund shall be applied to reduce any bonded
indebtedness or obligations incurred to effectuate the purposes of this
section.
4. Preservation of community character shall involve one or more of
the following: (a) establishment of parks, nature preserves or
recreation areas; (b) preservation of open space, including agricultural
lands; (c) preservation of lands of exceptional scenic value; (d)
preservation of fresh and saltwater marshes or other wetlands; (e)
preservation of aquifer recharge areas; (f) preservation of undeveloped
beachlands or shoreline; (g) establishment of wildlife refuges for the
purpose of maintaining native animal species diversity, including the
protection of habitat essential to the recovery of rare, threatened or
endangered species; (h) preservation of pine barrens consisting of such
biota as pitch pine, and scrub oak; (i) preservation of unique or
threatened ecological areas; (j) preservation of rivers and river areas
in a natural, free-flowing condition; (k) preservation of forested land;
(l) preservation of public access to lands for public use including
stream rights and waterways; (m) preservation of historic places and
properties listed on the New York state register of historic places
and/or protected under a municipal historic preservation ordinance or
law; and (n) undertaking any of the aforementioned in furtherance of the
establishment of a greenbelt.
5. The town board of the town upon establishment of a community
preservation fund shall create an advisory board to review and make
recommendations on proposed acquisitions of interests in real property
using monies from the fund. Such board shall consist of five or seven
legal residents of the town who shall serve without compensation. No
member of the town board shall serve on the board. A majority of the
members of the board shall have demonstrated experience with
conservation or land preservation activities. The board shall act in an
advisory capacity to the town board. At least one member of the board
shall be an active farmer.
6. The town board of the town upon establishment of a community
preservation fund shall, by local law, adopt a community preservation
project plan. This plan shall list every project which the town plans to
undertake pursuant to the community preservation fund. It shall include
every parcel which is necessary to be acquired in the town in order to
protect community character. Such plan shall provide for a detailed
evaluation of all available land use alternatives to protect community
character, including but not limited to: (a) fee simple acquisition, (b)
zoning regulations, including density reductions, cluster development,
and site plan and design requirements, (c) transfer of development
rights, (d) the purchase of development rights, and (e) scenic and
conservation easements. Said evaluation shall be as specific as
practicable as to each parcel selected for inclusion in the plan. The
plan shall establish the priorities for preservation, and shall include
the preservation of farmland as its highest priority. Funds from the
community preservation fund shall only be expended for projects which
have been included in said plan. Said plan shall be updated not less
than once every five years. A copy of the plan shall be filed with the
commissioner of environmental conservation, the commissioner of
agriculture and markets and the commissioner of parks, recreation and
historic preservation. Said plan shall be completed at least sixty days
before the submission of the mandatory referendum required by section
one thousand four hundred forty-one of the tax law.
7. The town board of the town upon establishment of a community
preservation fund pursuant to this section shall study and consider
establishing a transfer of development rights program to protect
community character as provided for by section two hundred sixty-one-a
of this chapter. All provisions of such section two hundred sixty-one-a
shall be complied with. If at any time during the life of the community
preservation fund a transfer of development rights program is
established, the town may utilize monies from the community preservation
fund in order to create and fund a central bank of the transfer of
development rights program. If at any time during the life of the
community preservation fund, a transfer of development rights program is
repealed by the town, all monies from the central bank shall be returned
to the community preservation fund.
8. No interests or rights in real property shall be acquired pursuant
to this section until a public hearing is held as required by section
two hundred forty-seven of the general municipal law; provided, however,
that nothing in this subdivision shall prevent the town board from
entering into a conditional purchase agreement before a public hearing
is held. Any resolution of the town board approving an acquisition of
land pursuant to this section, shall find that acquisition was the best
alternative for the protection of community character of all the
reasonable alternatives available to the town.
9. Lands acquired pursuant to this section shall be administered and
managed in a manner which (a) allows public use and enjoyment in a
manner compatible with the natural, scenic, historic and open space
character of such lands; (b) preserves the native biological diversity
of such lands; (c) with regard to open spaces, limits improvements to
enhancing access for passive use of such lands such as nature trails,
boardwalks, bicycle paths, and peripheral parking areas provided that
such improvements do not degrade the ecological value of the land or
threaten essential wildlife habitat; and (d) preserves cultural property
consistent with accepted standards for historic preservation. In
furthering the purposes of this section, the town may enter into
agreements with corporations organized under the not-for-profit
corporation law and engage in land trust activities to manage lands
including less than fee interests acquired pursuant to the provisions of
this section, provided that any such agreement shall contain a provision
that such corporation shall keep the lands accessible to the public
unless such corporation shall demonstrate to the satisfaction of the
town that public accessibility would be detrimental to the lands or any
natural resources associated therewith.
10. Rights or interests in real property acquired with monies from
such fund shall not be sold, leased, exchanged, donated, or otherwise
disposed of or used for other than the purposes permitted by this
section without the express authority of an act of the legislature,
which shall provide for the substitution of other lands of equal
environmental value and fair market value and reasonably equivalent
usefulness and location to those to be discontinued, sold or disposed
of, and such other requirements as shall be approved by the legislature.
Nothing in this section shall preclude the town, by local law, from
establishing additional restrictions to the alienation of lands acquired
pursuant to this section. This subdivision shall not apply to the sale
of development rights by the town acquired pursuant to this section,
where said sale is made by a central bank created by the town, pursuant
to a transfer of development rights program established by the town
pursuant to section two hundred sixty-one-a of this chapter, provided,
however (a) that the lands from which said development rights were
acquired shall remain preserved in perpetuity by a permanent
conservation easement or other instrument that similarly preserves the
community character referenced in subdivision four of this section, and
(b) the proceeds from such sale shall be deposited in the community
preservation fund.
Town of Warwick preservation funds. 1. As used in this
section, the following words and terms shall have the following
meanings:
(a) "Town" means the town of Warwick.
(b) "Community preservation" shall mean and include any of the
purposes outlined in subdivision four of this section.
(c) "Board" means the advisory board required pursuant to subdivision
five of this section.
(d) "Fund" means the community preservation fund created pursuant to
subdivision two of this section.
2. The town board of the town of Warwick is authorized to establish by
local law a community preservation fund pursuant to the provisions of
this section. Deposits into the fund may include revenues of the local
government from whatever source and shall include, at a minimum, all
revenues from a tax imposed upon the transfer of real property interests
in such town pursuant to article thirty-one-F of the tax law. The fund
shall also be authorized to accept gifts of any such interests in land
or of funds. Interest accrued by monies deposited into the fund shall be
credited to the fund. In no event shall monies deposited in the fund be
transferred to any other account. Nothing contained in this section
shall be construed to prevent the financing in whole or in part,
pursuant to the local finance law, of any acquisition authorized
pursuant to this section. Monies from the fund may be utilized to repay
any indebtedness or obligations incurred pursuant to the local finance
law consistent with effectuating the purposes of this section. The town
of Warwick may only adopt the local law authorized by this subdivision
if it has incurred or authorized bonded indebtedness since nineteen
hundred eighty for open space purposes equal to or greater than two
hundred dollars per town resident. The number of residents shall be
determined by the 2000 U.S. Census. Said local law shall make a finding
that the town has complied with the per resident financial commitment
requirement of this subdivision.
3. The purposes of the fund shall be exclusively, (a) to implement a
plan for the preservation of community character as required by this
section, (b) to acquire interests or rights in real property for the
preservation of community character within the town including villages
therein in accordance with such plan and in cooperation with willing
sellers, (c) to establish a bank pursuant to a transfer of development
rights program consistent with section two hundred sixty-one-a of this
chapter, and (d) to provide a management and stewardship program for
such interests and rights consistent with subdivision nine of this
section and in accordance with such plan designed to preserve community
character. Not more than ten percent of the fund shall be utilized for
the management and stewardship program. If the implementation of the
community preservation project plan, adopted by the town board, as
provided in subdivision six of this section, has been completed, and
funds are no longer needed for the purposes outlined in this
subdivision, then any remaining monies in the fund shall be applied to
reduce any bonded indebtedness or obligations incurred to effectuate the
purposes of this section.
4. Preservation of community character shall involve one or more of
the following: (a) establishment of parks, nature preserves, or
recreation areas; (b) preservation of open space, including agricultural
lands; (c) preservation of lands of exceptional scenic value; (d)
preservation of aquifer recharge areas; (e) preservation of undeveloped
beachlands or shoreline; (f) establishment of wildlife refuges for the
purpose of maintaining native animal species diversity, including the
protection of habitat essential to the recovery of rare, threatened or
endangered species; (g) preservation of unique or threatened ecological
areas; (h) preservation of rivers and river areas in a natural,
free-flowing condition; (i) preservation of forested land; (j)
preservation of public access to lands for public use including stream
rights and waterways; (k) preservation of historic places and properties
listed on the New York state register of historic places and/or
protected under a municipal historic preservation ordinance or law; and
(l) undertaking any of the aforementioned in furtherance of the
establishment of a greenbelt.
5. The town board which has established a community preservation fund
shall create an advisory board to review and make recommendations on
proposed acquisitions of interests in real property using monies from
the fund. Such board shall consist of five or seven legal residents of
the municipality who shall serve without compensation. No member of the
local legislative body shall serve on the board. A majority of the
members of the board shall have demonstrated experience with
conservation or land preservation activities. The board shall act in an
advisory capacity to the town board. At least one member of the board
shall be an active farmer.
6. The town board which has established a community preservation fund
shall, by local law, adopt a community preservation project plan. Such
plan shall list every project which the town plans to undertake pursuant
to the community preservation fund. It shall include every parcel which
is necessary to be acquired in the town in order to protect community
character. Such plan shall provide for a detailed evaluation of all
available land use alternatives to protect community character,
including but not limited to: (a) fee simple acquisition, (b) zoning
regulations, including density reductions, cluster development, and site
plan and design requirements, (c) transfer of development rights, (d)
the purchase of development rights, and (e) scenic and conservation
easements. Said evaluation shall be as specific as practicable as to
each parcel selected for inclusion in such plan. Such plan shall
establish the priorities for preservation, and shall include the
preservation of farmland as its highest priority. Funds from the
community preservation fund may only be expended for projects which have
been included in such plan. Such plan shall be updated not less than
once every five years, but in no event until at least three years after
the adoption of the original plan. A copy of such plan shall be filed
with the commissioner of environmental conservation, the commissioner of
agriculture and markets and the commissioner of the office of parks,
recreation and historic preservation. Such plan shall be completed at
least sixty days before the submission of the mandatory referendum
required by section fourteen hundred forty-nine-bbbb of the tax law.
7. The town board which has established a community preservation fund
pursuant to this section shall study and consider establishing a
transfer of development rights program to protect community character as
provided for by section two hundred sixty-one-a of this chapter. All
provisions of such section two hundred sixty-one-a shall be complied
with. If at any time during the life of the community preservation fund
a transfer of development rights program is established, the town may
utilize monies from the community preservation fund in order to create
and fund a central bank of the transfer of development rights program.
If at any time during the life of the community preservation fund, a
transfer of development rights program is repealed by the town, all
monies from the central bank shall be returned to the community
preservation fund.
8. No interests or rights in real property shall be acquired pursuant
to this section until a public hearing is held as required by section
two hundred forty-seven of the general municipal law; provided, however,
that nothing herein shall prevent the town board from entering into a
conditional purchase agreement before a public hearing is held. Any
resolution of the town board approving an acquisition of land pursuant
to this section, shall find that acquisition was the best alternative
for the protection of community character of all the reasonable
alternatives available to the town.
9. Lands acquired pursuant to this section shall be administered and
managed in a manner which (a) allows public use and enjoyment in a
manner compatible with the natural, scenic, historic and open space
character of such lands; (b) preserves the native biological diversity
of such lands; (c) with regard to open spaces, limits improvements to
enhancing access for passive use of such lands such as nature trails,
boardwalks, bicycle paths, and peripheral parking areas provided that
such improvements do not degrade the ecological value of the land or
threaten essential wildlife habitat; and (d) preserves cultural property
consistent with accepted standards for historic preservation. In
furthering the purposes of this section, the town may enter into
agreements with corporations organized under the not-for-profit
corporation law and engage in land trust activities to manage lands
including less than fee interests acquired pursuant to the provisions of
this section, provided that any such agreement shall contain a provision
that such corporation shall keep the lands accessible to the public
unless such corporation shall demonstrate to the satisfaction of the
town that public accessibility would be detrimental to the lands or any
natural resources associated therewith.
10. Rights or interests in real property acquired with monies from
such fund shall not be sold, leased, exchanged, donated, or otherwise
disposed of or used for other than the purposes permitted by this
section without the express authority of an act of the legislature,
which shall provide for the substitution of other lands of equal
environmental value and fair market value and reasonably equivalent
usefulness and location to those to be discontinued, sold or disposed
of, and such other requirements as shall be approved by the legislature.
Nothing in this section shall preclude the town, by local law, from
establishing additional restrictions to the alienation of lands acquired
pursuant to this section. This subdivision shall not apply to the sale
of development rights by the town acquired pursuant to this section,
where said sale is made by a central bank created by the town, pursuant
to a transfer of development rights program established by the town
pursuant to section two hundred sixty-one-a of this chapter, provided,
however (a) that the lands from which said development rights were
acquired shall remain preserved in perpetuity by a permanent
conservation easement or other instrument that similarly preserves the
community character referenced in subdivision four of this section, and
(b) the proceeds from such sale shall be deposited in the community
preservation fund.
Town of Red Hook preservation funds. 1. As used in this
section, the following words and terms shall have the following
meanings:
(a) "Town" means the town of Red Hook.
(b) "Community preservation" shall mean and include any of the
purposes outlined in subdivision five of this section.
(c) "Board" means the advisory board required pursuant to subdivision
six of this section.
(d) "Fund" means the community preservation fund created pursuant to
subdivision two of this section.
(e) "Tax" shall mean the real estate transfer tax imposed pursuant to
section fourteen hundred thirty-eight-b of the tax law or, if the
context clearly indicates, shall mean the real estate transfer tax
imposed pursuant to article thirty-one of the tax law.
2. The town board of the town of Red Hook is authorized to establish
by local law a community preservation fund pursuant to the provisions of
this section. Deposits into the fund may include revenues of the local
government from whatever source and shall include, at a minimum, all
revenues from a tax imposed upon the transfer of real property interests
in such town pursuant to article thirty-one-A-1 of the tax law. The fund
shall also be authorized to accept gifts of any such interests in land
or of funds. Interest accrued by monies deposited into the fund shall be
credited to the fund. In no event shall monies deposited in the fund be
transferred to any other account. Nothing contained in this section
shall be construed to prevent the financing in whole or in part,
pursuant to the local finance law, of any acquisition authorized
pursuant to this section. Monies from the fund may be utilized to repay
any indebtedness or obligations incurred pursuant to the local finance
law consistent with effectuating the purposes of this section.
3. The purposes of the fund shall be exclusively, (a) to implement a
plan for the preservation of community character as required by this
section, (b) to acquire interests or rights in real property for the
preservation of community character within the town including villages
therein in accordance with such plan and in cooperation with willing
sellers, (c) to establish a bank pursuant to a transfer of development
rights program consistent with section two hundred sixty-one-a of this
chapter, and (d) to provide a management and stewardship program for
such interests and rights consistent with subdivision ten of this
section and in accordance with such plan designed to preserve community
character. Not more than ten percent of the fund shall be utilized for
the management and stewardship program.
4. If the implementation of the community preservation project plan,
adopted by the town board, as provided in subdivision seven of this
section, has been completed, and funds are no longer needed for the
purposes outlined in this subdivision, then any remaining monies in the
fund shall be applied to reduce any bonded indebtedness or obligations
incurred to effectuate the purposes of this section.
5. Preservation of community character shall involve one or more of
the following:
(a) preservation of open space;
(b) establishment of parks, nature preserves, or recreation areas;
(c) preservation of land which is predominantly viable agricultural
land, as defined in subdivision seven of section three hundred one of
the agriculture and markets law, or unique and irreplaceable
agricultural land, as defined in subdivision six of section three
hundred one of the agriculture and markets law;
(d) preservation of lands of exceptional scenic value;
(e) preservation of fresh and saltwater marshes or other wetlands;
(f) preservation of aquifer recharge areas;
(g) preservation of undeveloped beach-lands or shoreline;
(h) establishment of wildlife refuges for the purpose of maintaining
native animal species diversity, including the protection of habitat
essential to the recovery of rare, threatened or endangered species;
(i) preservation of unique or threatened ecological areas;
(j) preservation of rivers and river areas in a natural, free-flowing
condition;
(k) preservation of forested land;
(l) preservation of public access to lands for public use including
stream rights and waterways;
(m) preservation of historic places and properties listed on the New
York state register of historic places and/or protected under a
municipal historic preservation ordinance or law; and
(n) undertaking any of the purposes of this subdivision in furtherance
of the establishment of a greenbelt.
6. The town board which has established a community preservation fund
shall create an advisory board to review and make recommendations on
proposed acquisitions of interests in real property using monies from
the fund. Such board shall consist of five or seven legal residents of
the municipality who shall serve without compensation. No member of the
local legislative body shall serve on the board. A majority of the
members of the board shall have demonstrated experience with
conservation or land preservation activities. The board shall act in an
advisory capacity to the town board. At least one member of the board
shall be an active farmer. Board members' terms shall be staggered.
7. The town board which has established a community preservation fund
shall, by local law, adopt a community preservation project plan. Such
plan shall list every project which the town plans to undertake pursuant
to the community preservation fund. It shall include every parcel which
is necessary to be acquired in the town in order to protect community
character. Such plan shall provide for a detailed evaluation of all
available land use alternatives to protect community character,
including but not limited to: (a) fee simple acquisition, (b) zoning
regulations, including density reductions, cluster development, and site
plan and design requirements, (c) transfer of development rights, (d)
the purchase of development rights, and (e) scenic and conservation
easements. Said evaluation shall be as specific as practicable as to
each parcel selected for inclusion in such plan. Such plan shall
establish the priorities for preservation, and shall include the
preservation of farmland as its highest priority. Funds from the
community preservation fund may only be expended for projects which have
been included in such plan. Such plan shall be updated not less than
once every five years, but in no event until at least three years after
the adoption of the original plan. A copy of such plan shall be filed
with the town clerk, the commissioner of environmental conservation, the
commissioner of agriculture and markets and the commissioner of the
office of parks, recreation and historic preservation. Such plan shall
be completed at least sixty days before the submission of the mandatory
referendum required by section fourteen hundred thirty-eight-b of the
tax law. If at the time of referendum, the town shall have in place an
adopted open space plan, such plan shall be deemed sufficient to waive
the preservation plan requirements of this subdivision. Any monies
expended from the community preservation plan shall, however be
consistent with the purposes outlined in subdivisions three and five of
this section and with the open space plan for a period not to exceed
twelve months.
8. The town board which has established a community preservation fund
pursuant to this section may study and consider establishing a transfer
of development rights program to protect community character as provided
for by section two hundred sixty-one-a of this chapter. All provisions
of such section two hundred sixty-one-a shall be complied with. If at
any time during the life of the community preservation fund a transfer
of development rights program is established, the town may utilize
monies from the community preservation fund in order to create and fund
a central bank of the transfer of development rights program. If at any
time during the life of the community preservation fund, a transfer of
development rights program is repealed by the town, all monies from the
central bank shall be returned to the community preservation fund.
9. No interests or rights in real property shall be acquired pursuant
to this section until a public hearing is held as required by section
two hundred forty-seven of the general municipal law; provided, however,
that nothing herein shall prevent the town board from entering into a
conditional purchase agreement before a public hearing is held. Any
resolution of the town board approving an acquisition of rights or
interest in real property pursuant to this section, shall find that
acquisition was the best alternative for the protection of community
character of all the reasonable alternatives available to the town.
10. Rights or interest in real property acquired pursuant to this
section shall be administered and managed in a manner which (a) allows
public use and enjoyment in a manner compatible with the natural,
scenic, historic and open space character of such lands; (b) preserves
the native biological diversity of such lands; (c) with regard to open
spaces, limits improvements to enhancing access for passive use of such
lands such as nature trails, boardwalks, bicycle paths, and peripheral
parking areas provided that such improvements do not degrade the
ecological value of the land or threaten essential wildlife habitat; and
(d) preserves cultural property consistent with accepted standards for
historic preservation. Notwithstanding any other provision of this
subdivision there shall be no right to public use and enjoyment of land
used in conjunction with a farm operation as defined by subdivision
eleven of section three hundred one of the agriculture and markets law.
In furthering the purposes of this section, the town may enter into
agreements with corporations organized under the not-for-profit
corporation law and engage in land trust activities to manage lands
including less than fee interests acquired pursuant to the provisions of
this section, provided that any such agreement shall contain a provision
that such corporation shall keep the lands accessible to the public
unless such corporation shall demonstrate to the satisfaction of the
town that public accessibility would be detrimental to the lands or any
natural resources associated therewith.
11. Rights or interests in real property acquired with monies from
such fund shall not be sold, leased, exchanged, donated, or otherwise
disposed of or used for other than the purposes permitted by this
section without the express authority of an act of the state
legislature, which shall provide for the substitution of other lands of
equal environmental value and fair market value and reasonably
equivalent usefulness and location to those to be discontinued, sold or
disposed of, and such other requirements as shall be approved by the
state legislature. Any conservation easements, created under title three
of article forty-nine of the environmental conservation law, which are
acquired with monies from such fund may only be modified or extinguished
as provided in section 49-0307 of such law. Nothing in this section
shall preclude the town, by local law, from establishing additional
restrictions to the alienation of lands acquired pursuant to this
section. This subdivision shall not apply to the sale of development
rights by the town acquired pursuant to this section, where said sale is
made by a central bank created by the town, pursuant to a transfer of
development rights program established by the town pursuant to section
two hundred sixty-one-a of this chapter, provided, however (a) that the
lands from which said development rights were acquired shall remain
preserved in perpetuity by a permanent conservation easement or other
instrument that similarly preserves the community character referenced
in subdivision five of this section, and (b) the proceeds from such sale
shall be deposited in the community preservation fund.
* § 64-i. Town of Chatham preservation funds. 1. As used in this
section, the following words and terms shall have the following
meanings:
(a) "Town" means the town of Chatham.
(b) "Community preservation" shall mean and include any of the
purposes outlined in subdivision five of this section.
(c) "Board" means the advisory board required pursuant to subdivision
six of this section.
(d) "Fund" means the community preservation fund created pursuant to
subdivision two of this section.
(e) "Tax" shall mean the real estate transfer tax imposed pursuant to
section fourteen hundred thirty-nine-b of the tax law or, if the context
clearly indicates, shall mean the real estate transfer tax imposed
pursuant to article thirty-one of the tax law.
2. The town board of the town of Chatham is authorized to establish by
local law a community preservation fund pursuant to the provisions of
this section. Deposits into the fund may include revenues of the local
government from whatever source and shall include, at a minimum, all
revenues from a tax imposed upon the transfer of real property interests
in such town pursuant to article thirty-one-A-two of the tax law. The
fund shall also be authorized to accept gifts of any such interests in
land or of funds. Interest accrued by monies deposited into the fund
shall be credited to the fund. In no event shall monies deposited in the
fund be transferred to any other account. Nothing contained in this
section shall be construed to prevent the financing in whole or in part,
pursuant to the local finance law, of any acquisition authorized
pursuant to this section. Monies from the fund may be utilized to repay
any indebtedness or obligations incurred pursuant to the local finance
law consistent with effectuating the purposes of this section.
3. The purposes of the fund shall be exclusively: (a) to implement a
plan for the preservation of community character as required by this
section, (b) to acquire interests or rights in real property for the
preservation of community character within the town including villages
therein in accordance with such plan and in cooperation with willing
sellers, (c) to establish a bank pursuant to a transfer of development
rights program consistent with section two hundred sixty-one-a of this
chapter, and (d) to provide a management and stewardship program for
such interests and rights consistent with subdivision ten of this
section and in accordance with such plan designed to preserve community
character. Not more than ten percent of the fund shall be utilized for
the management and stewardship program.
4. If the implementation of the community preservation project plan,
adopted by the town board, as provided in subdivision seven of this
section, has been completed, and funds are no longer needed for the
purposes outlined in this subdivision, then any remaining monies in the
fund shall be applied to reduce any bonded indebtedness or obligations
incurred to effectuate the purposes of this section.
5. Preservation of community character shall involve one or more of
the following:
(a) preservation of open space;
(b) establishment of parks, nature preserves, or recreation areas;
(c) preservation of land which is predominantly viable agricultural
land, as defined in subdivision seven of section three hundred one of
the agriculture and markets law, or unique and irreplaceable
agricultural land, as defined in subdivision six of section three
hundred one of the agriculture and markets law;
(d) preservation of lands of exceptional scenic value;
(e) preservation of freshwater marshes or other wetlands;
(f) preservation of aquifer recharge areas;
(g) preservation of undeveloped beach-lands or shoreline;
(h) establishment of wildlife refuges for the purpose of maintaining
native animal species diversity, including the protection of habitat
essential to the recovery of rare, threatened or endangered species;
(i) preservation of unique or threatened ecological areas;
(j) preservation of rivers and river areas in a natural, free-flowing
condition;
(k) preservation of forested land;
(l) preservation of public access to lands for public use including
stream rights and waterways;
(m) preservation of historic places and properties listed on the New
York state register of historic places and/or protected under a
municipal historic preservation ordinance or law; and
(n) undertaking any of the purposes of this subdivision in furtherance
of the establishment of a greenbelt.
6. The town board which has established a community preservation fund
shall create an advisory board to review and make recommendations on
proposed acquisitions of interests in real property using monies from
the fund. Such board shall consist of five or seven legal residents of
the municipality who shall serve without compensation. No member of the
local legislative body shall serve on the board. A majority of the
members of the board shall have demonstrated experience with
conservation or land preservation activities. The board shall act in an
advisory capacity to the town board. At least one member of the board
shall be an active farmer. Board members' terms shall be staggered.
7. The town board which has established a community preservation fund
shall, by local law, adopt a community preservation project plan. Such
plan shall list every project which the town plans to undertake pursuant
to the community preservation fund. It shall include every parcel which
is necessary to be acquired in the town in order to protect community
character. Such plan shall provide for a detailed evaluation of all
available land use alternatives to protect community character,
including but not limited to: (a) fee simple acquisition, (b) zoning
regulations, including density reductions, cluster development, and site
plan and design requirements, (c) transfer of development rights, (d)
the purchase of development rights, and (e) scenic and conservation
easements. Said evaluation shall be as specific as practicable as to
each parcel selected for inclusion in such plan. Such plan shall
establish the priorities for preservation, and shall include the
preservation of farmland as its highest priority. Funds from the
community preservation fund may only be expended for projects which have
been included in such plan. Such plan shall be updated not less than
once every five years, but in no event until at least three years after
the adoption of the original plan. A copy of such plan shall be filed
with the town clerk, the commissioner of environmental conservation, the
commissioner of agriculture and markets and the commissioner of the
office of parks, recreation and historic preservation. Such plan shall
be completed at least sixty days before the submission of the mandatory
referendum required by section fourteen hundred thirty-nine-b of the tax
law. If at the time of referendum, the town shall have in place an
adopted open space plan, such plan shall be deemed sufficient to waive
the preservation plan requirements of this subdivision. Any monies
expended from the community preservation plan shall, however be
consistent with the purposes outlined in subdivisions three and five of
this section and with the open space plan for a period not to exceed
twelve months.
8. The town board which has established a community preservation fund
pursuant to this section may study and consider establishing a transfer
of development rights program to protect community character as provided
for by section two hundred sixty-one-a of this chapter. All provisions
of such section two hundred sixty-one-a shall be complied with. If at
any time during the life of the community preservation fund a transfer
of development rights program is established, the town may utilize
monies from the community preservation fund in order to create and fund
a central bank of the transfer of development rights program. If at any
time during the life of the community preservation fund, a transfer of
development rights program is repealed by the town, all monies from the
central bank shall be returned to the community preservation fund.
9. No interests or rights in real property shall be acquired pursuant
to this section until a public hearing is held as required by section
two hundred forty-seven of the general municipal law; provided, however,
that nothing herein shall prevent the town board from entering into a
conditional purchase agreement before a public hearing is held. Any
resolution of the town board approving an acquisition of rights or
interest in real property pursuant to this section, shall find that
acquisition was the best alternative for the protection of community
character of all the reasonable alternatives available to the town.
10. Rights or interest in real property acquired pursuant to this
section shall be administered and managed in a manner which (a) allows
public use and enjoyment in a manner compatible with the natural,
scenic, historic and open space character of such lands; (b) preserves
the native biological diversity of such lands; (c) with regard to open
spaces, limits improvements to enhancing access for passive use of such
lands such as nature trails, boardwalks, bicycle paths, and peripheral
parking areas provided that such improvements do not degrade the
ecological value of the land or threaten essential wildlife habitat; and
(d) preserves cultural property consistent with accepted standards for
historic preservation. Notwithstanding any other provision of this
subdivision there shall be no right to public use and enjoyment of land
used in conjunction with a farm operation as defined by subdivision
eleven of section three hundred one of the agriculture and markets law.
In furthering the purposes of this section, the town may enter into
agreements with corporations organized under the not-for-profit
corporation law and engage in land trust activities to manage lands
including less than fee interests acquired pursuant to the provisions of
this section, provided that any such agreement shall contain a provision
that such corporation shall keep the lands accessible to the public
unless such corporation shall demonstrate to the satisfaction of the
town that public accessibility would be detrimental to the lands or any
natural resources associated therewith.
11. Rights or interests in real property acquired with monies from
such fund shall not be sold, leased, exchanged, donated, or otherwise
disposed of or used for other than the purposes permitted by this
section without the express authority of an act of the state
legislature, which shall provide for the substitution of other lands of
equal environmental value and fair market value and reasonably
equivalent usefulness and location to those to be discontinued, sold or
disposed of, and such other requirements as shall be approved by the
state legislature. Any conservation easements, created under title three
of article forty-nine of the environmental conservation law, which are
acquired with monies from such fund may only be modified or extinguished
as provided in section 49-0307 of such law. Nothing in this section
shall preclude the town, by local law, from establishing additional
restrictions to the alienation of lands acquired pursuant to this
section. This subdivision shall not apply to the sale of development
rights by the town acquired pursuant to this section, where said sale is
made by a central bank created by the town, pursuant to a transfer of
development rights program established by the town pursuant to section
two hundred sixty-one-a of this chapter, provided, however (a) that the
lands from which said development rights were acquired shall remain
preserved in perpetuity by a permanent conservation easement or other
instrument that similarly preserves the community character referenced
in subdivision five of this section, and (b) the proceeds from such sale
shall be deposited in the community preservation fund.
* NB There are 2 § 64-i's
Town of Northeast preservation funds. 1. As used in this
section, the following words and terms shall have the following
meanings:
(a) "Town" means the town of Northeast.
(b) "Community preservation" shall mean and include any of the
purposes outlined in subdivision five of this section.
(c) "Board" means the advisory board required pursuant to subdivision
six of this section.
(d) "Fund" means the community preservation fund created pursuant to
subdivision two of this section.
(e) "Tax" shall mean the real estate transfer tax imposed pursuant to
section fourteen hundred thirty-nine-bb of the tax law or, if the
context clearly indicates, shall mean the real estate transfer tax
imposed pursuant to article thirty-one of the tax law.
2. The town board of the town of Northeast is authorized to establish
by local law a community preservation fund pursuant to the provisions of
this section. Deposits into the fund may include revenues of the local
government from whatever source and shall include, at a minimum, all
revenues from a tax imposed upon the transfer of real property interests
in such town pursuant to article thirty-one-A-three of the tax law. The
fund shall also be authorized to accept gifts of any such interests in
land or of funds. Interest accrued by monies deposited into the fund
shall be credited to the fund. In no event shall monies deposited in the
fund be transferred to any other account. Nothing contained in this
section shall be construed to prevent the financing in whole or in part,
pursuant to the local finance law, of any acquisition authorized
pursuant to this section. Monies from the fund may be utilized to repay
any indebtedness or obligations incurred pursuant to the local finance
law consistent with effectuating the purposes of this section.
3. The purposes of the fund shall be exclusively: (a) to implement a
plan for the preservation of community character as required by this
section, (b) to acquire interests or rights in real property for the
preservation of community character within the town including villages
therein in accordance with such plan and in cooperation with willing
sellers, (c) to establish a bank pursuant to a transfer of development
rights program consistent with section two hundred sixty-one-a of this
chapter, and (d) to provide a management and stewardship program for
such interests and rights consistent with subdivision ten of this
section and in accordance with such plan designed to preserve community
character. Not more than ten percent of the fund shall be utilized for
the management and stewardship program.
4. If the implementation of the community preservation project plan,
adopted by the town board, as provided in subdivision seven of this
section, has been completed, and funds are no longer needed for the
purposes outlined in this subdivision, then any remaining monies in the
fund shall be applied to reduce any bonded indebtedness or obligations
incurred to effectuate the purposes of this section.
5. Preservation of community character shall involve one or more of
the following:
(a) preservation of open space;
(b) establishment of parks, nature preserves, or recreation areas;
(c) preservation of land which is predominantly viable agricultural
land, as defined in subdivision seven of section three hundred one of
the agriculture and markets law, or unique and irreplaceable
agricultural land, as defined in subdivision six of section three
hundred one of the agriculture and markets law;
(d) preservation of lands of exceptional scenic value;
(e) preservation of freshwater marshes or other wetlands;
(f) preservation of aquifer recharge areas;
(g) preservation of undeveloped beach-lands or shoreline;
(h) establishment of wildlife refuges for the purpose of maintaining
native animal species diversity, including the protection of habitat
essential to the recovery of rare, threatened or endangered species;
(i) preservation of unique or threatened ecological areas;
(j) preservation of rivers and river areas in a natural, free-flowing
condition;
(k) preservation of forested land;
(l) preservation of public access to lands for public use including
stream rights and waterways;
(m) preservation of historic places and properties listed on the New
York state register of historic places and/or protected under a
municipal historic preservation ordinance or law; and
(n) undertaking any of the purposes of this subdivision in furtherance
of the establishment of a greenbelt.
6. The town board which has established a community preservation fund
shall create an advisory board to review and make recommendations on
proposed acquisitions of interests in real property using monies from
the fund. Such board shall consist of five or seven legal residents of
the municipality who shall serve without compensation. No member of the
local legislative body shall serve on the board. A majority of the
members of the board shall have demonstrated experience with
conservation or land preservation activities. The board shall act in an
advisory capacity to the town board. At least one member of the board
shall be an active farmer. Board members' terms shall be staggered.
7. The town board which has established a community preservation fund
shall, by local law, adopt a community preservation project plan. Such
plan shall list every project which the town plans to undertake pursuant
to the community preservation fund. It shall include every parcel which
is necessary to be acquired in the town in order to protect community
character. Such plan shall provide for a detailed evaluation of all
available land use alternatives to protect community character,
including but not limited to: (a) fee simple acquisition, (b) zoning
regulations, including density reductions, cluster development, and site
plan and design requirements, (c) transfer of development rights, (d)
the purchase of development rights, and (e) scenic and conservation
easements. Said evaluation shall be as specific as practicable as to
each parcel selected for inclusion in such plan. Such plan shall
establish the priorities for preservation, and shall include the
preservation of farmland as its highest priority. Funds from the
community preservation fund may only be expended for projects which have
been included in such plan. Such plan shall be updated not less than
once every five years, but in no event until at least three years after
the adoption of the original plan. A copy of such plan shall be filed
with the town clerk, the commissioner of environmental conservation, the
commissioner of agriculture and markets and the commissioner of the
office of parks, recreation and historic preservation. Such plan shall
be completed at least sixty days before the submission of the mandatory
referendum required by section fourteen hundred thirty-nine-bb of the
tax law. If at the time of referendum, the town shall have in place an
adopted open space plan, such plan shall be deemed sufficient to waive
the preservation plan requirements of this subdivision. Any monies
expended from the community preservation plan shall, however be
consistent with the purposes outlined in subdivisions three and five of
this section and with the open space plan for a period not to exceed
twelve months.
8. The town board which has established a community preservation fund
pursuant to this section may study and consider establishing a transfer
of development rights program to protect community character as provided
for by section two hundred sixty-one-a of this chapter. All provisions
of such section two hundred sixty-one-a shall be complied with. If at
any time during the life of the community preservation fund a transfer
of development rights program is established, the town may utilize
monies from the community preservation fund in order to create and fund
a central bank of the transfer of development rights program. If at any
time during the life of the community preservation fund, a transfer of
development rights program is repealed by the town, all monies from the
central bank shall be returned to the community preservation fund.
9. No interests or rights in real property shall be acquired pursuant
to this section until a public hearing is held as required by section
two hundred forty-seven of the general municipal law; provided, however,
that nothing herein shall prevent the town board from entering into a
conditional purchase agreement before a public hearing is held. Any
resolution of the town board approving an acquisition of rights or
interest in real property pursuant to this section, shall find that
acquisition was the best alternative for the protection of community
character of all the reasonable alternatives available to the town.
10. Rights or interest in real property acquired pursuant to this
section shall be administered and managed in a manner which (a) allows
public use and enjoyment in a manner compatible with the natural,
scenic, historic and open space character of such lands; (b) preserves
the native biological diversity of such lands; (c) with regard to open
spaces, limits improvements to enhancing access for passive use of such
lands such as nature trails, boardwalks, bicycle paths, and peripheral
parking areas provided that such improvements do not degrade the
ecological value of the land or threaten essential wildlife habitat; and
(d) preserves cultural property consistent with accepted standards for
historic preservation. Notwithstanding any other provision of this
subdivision there shall be no right to public use and enjoyment of land
used in conjunction with a farm operation as defined by subdivision
eleven of section three hundred one of the agriculture and markets law.
In furthering the purposes of this section, the town may enter into
agreements with corporations organized under the not-for-profit
corporation law and engage in land trust activities to manage lands
including less than fee interests acquired pursuant to the provisions of
this section, provided that any such agreement shall contain a provision
that such corporation shall keep the lands accessible to the public
unless such corporation shall demonstrate to the satisfaction of the
town that public accessibility would be detrimental to the lands or any
natural resources associated therewith.
11. Rights or interests in real property acquired with monies from
such fund shall not be sold, leased, exchanged, donated, or otherwise
disposed of or used for other than the purposes permitted by this
section without the express authority of an act of the state
legislature, which shall provide for the substitution of other lands of
equal environmental value and fair market value and reasonably
equivalent usefulness and location to those to be discontinued, sold or
disposed of, and such other requirements as shall be approved by the
state legislature. Any conservation easements, created under title three
of article forty-nine of the environmental conservation law, which are
acquired with monies from such fund may only be modified or extinguished
as provided in section 49-0307 of such law. Nothing in this section
shall preclude the town, by local law, from establishing additional
restrictions to the alienation of lands acquired pursuant to this
section. This subdivision shall not apply to the sale of development
rights by the town acquired pursuant to this section, where said sale is
made by a central bank created by the town, pursuant to a transfer of
development rights program established by the town pursuant to section
two hundred sixty-one-a of this chapter, provided, however (a) that the
lands from which said development rights were acquired shall remain
preserved in perpetuity by a permanent conservation easement or other
instrument that similarly preserves the community character referenced
in subdivision five of this section, and (b) the proceeds from such sale
shall be deposited in the community preservation fund.
Peconic Bay region community housing fund. 1. Definitions. As
used in this section, the following words and terms shall have the
following meanings:
(a) "Peconic Bay region" means the towns of East Hampton, Riverhead,
Shelter Island, Southampton, and Southold.
(b) "Community housing" means a primary residential property for an
eligible individual that does not exceed one hundred fifty percent of
the purchase price limits established by the state of New York mortgage
agency low interest rate loan program in non-target categories for
Suffolk county in effect on the contract date for the sale of such
property.
(c) "Board" means the advisory board created pursuant to subdivision
six of this section.
(d) "Fund" means the community housing fund authorized pursuant to
subdivision two of this section.
(e) "First-time homebuyer" means an eligible individual who has not
owned a primary residential property and is not married to a person who
has owned a residential property during the three-year period prior to
his or her purchase of the primary residential property, and who does
not own a vacation or investment home.
(f) "Primary residential property" means any one or two family house,
townhouse, or condominium.
(g) "Eligible individual" means a household with an income that does
not exceed one hundred percent of the income limits as established by
the state of New York mortgage agency low interest rate loan program in
non-target categories for Suffolk county in effect on the contract date
for the sale of such property.
2. Fund authorized. The town board of any town in the Peconic Bay
region is authorized to establish by local law a community housing fund,
pursuant to the provisions of this section. Deposits into the fund may
include revenues of the local government from whatever source, including
but not limited to: (a) all revenues from the supplemental real estate
transfer tax authorized by subdivision two of section fourteen hundred
forty-nine-bb of the tax law; (b) all proceeds from any indebtedness or
obligations issued pursuant to the local finance law for community
housing opportunity purposes as authorized in subdivision three of this
section; (c) general fund balances or surpluses; (d) any proceeds
received by the local government from the sale or rental of community
housing produced from revenues of the fund; (e) the repayment of any
loans issued from proceeds of the fund; (f) any gifts of interests in
land or funds; and (g) any state or federal grants received by the town
for providing affordable homes.
3. Purposes of the fund. The proceeds of the fund established pursuant
to subdivision two of this section shall be utilized for the following
purposes:
(a) the provision of financial assistance to first-time homebuyers who
are residents of the town for the purchase of a first home. Such
financial assistance may be in the form of a grant or a loan.
(1) A town may provide financial assistance for the purchase of a
first home to a first-time homebuyer who is a resident of the town or
who is employed in the town. A resident of the town shall include a
person who is currently a resident of the town or a non-resident who has
been a resident within the past five years.
(2) Such financial assistance shall not exceed fifty percent of the
purchase price of the home.
(3) If such financial assistance is in the form of a loan, such loan
shall be repayable to the town pursuant to the terms agreed to between
the recipient and the town, provided that any loan shall be fully repaid
by the recipient upon the resale of the home.
(4) For the purposes of calculating town tax liability for such
property, only, the dollar amount of any financial assistance for the
purchase of a first home made by the town pursuant to this section shall
be subtracted from the full equalized assessed value of such property.
(5) All revenues received by the town from the repayment of a loan
shall be deposited in the fund.
(6) A town may provide financial assistance for community housing in
conjunction with a public/private partnership for employer assisted
housing.
(b) the actual production of community housing for sale to eligible
individuals by the town;
(c) the actual production of community housing for sale to eligible
individuals in conjunction with a public/private partnership, where the
private partner agrees to comply with the profit guidelines of the New
York state affordable housing corporation and the provisions of this
section;
(d) the actual production and maintenance of community housing for
rental to eligible individuals either by the town or the town housing
authority; or in conjunction with a public/private partnership, where
the private partner agrees to comply with the profit guidelines of the
New York state affordable housing corporation and the provisions of this
section;
(e) the rehabilitation of existing buildings and structures in the
town for the purpose of conversion to community housing for sale or
rental to eligible individuals;
(f) the acquisition of interests in real property in existing housing
units, which will result in the production of community housing for sale
or rental to eligible individuals; and
(g) the provision of housing counseling services by not-for-profit
corporations who are authorized by the United States department of
housing and urban development to provide such services.
4. Fund management. Interest accrued by monies deposited into the fund
shall be credited to the fund. In no event shall monies deposited into
the fund be transferred to any other account. Nothing contained in this
section shall be construed to prevent the financing in whole or in part,
pursuant to the local finance law, of any purpose authorized pursuant to
this section. Monies from the fund may be utilized to repay indebtedness
or obligations incurred pursuant to the local finance law consistent
with effectuating the purposes of this section.
5. Eligible expenses. For the purposes of this section, eligible
expenses relating to the production of community housing and the
rehabilitation of existing buildings and structures under the fund shall
include but not be limited to land acquisition, planning, engineering,
construction costs, and other hard and soft costs directly related to
the construction, rehabilitation, purchase or rental of housing pursuant
to this section. All revenues received by the town from the sale or
rental of community homes, or the repayment of loans shall be deposited
in the fund.
6. Advisory board established. The town board of any town in the
Peconic Bay region which has established a community housing fund
pursuant to this section shall create an advisory board to review and
make recommendations regarding the town's community housing plan
required by subdivision seven of this section. Such board shall consist
of not less than seven nor more than fifteen legal residents of the
municipality who shall serve without compensation. No member of the
local legislative body shall serve on the board. The board shall include
a representative of: (a) the construction industry; (b) the real estate
industry; (c) the banking industry; and three representatives of local
housing advocacy or human services organizations. Where a village or
villages, located within the town, have elected to participate in the
fund, as provided in subdivision seven of this section, the board shall
include at least one resident of a participating village or villages.
Where an Indian nation is located within the boundaries of a town, the
board shall include at least one member from such nation. The board
shall act in an advisory capacity to the town board.
7. Adoption of housing plan. (a) Before a town in the Peconic Bay
region may expend any funds pursuant to this section, the town board
shall first adopt a town housing plan which establishes an
implementation plan for the provision of community housing opportunities
by the fund. Said plan shall be adopted by local law. Such plan shall
adhere to the following smart growth principles:
(1) Public investment. To account for and minimize social, economic,
and environmental costs of new development, including infrastructure
costs such as transportation, sewers, and wastewater treatment, water,
schools, recreation, and loss of open space and agricultural land;
(2) Development. To encourage development in areas where
transportation, water, and sewage infrastructure are available or
practical;
(3) Conservation. To protect, preserve, and enhance the state's
resources, including agricultural land, forests, surface waters,
groundwater, recreation and open space, scenic areas, and significant
historic and archeological sites;
(4) Coordination. To promote coordination of state and local
government decisions and cooperation among communities to work toward
the most efficient, planned and cost-effective delivery of government
services by, among other means, facilitating cooperative agreements
among adjacent communities, and to coordinate planning to ensure
compatibility of one's community development with development of
neighboring communities;
(5) Community design. To strengthen communities through development
and redevelopment strategies that include integration of all income and
age groups, mixed land uses, and compact development, traditional
neighborhood development, planned unit development, open space
districts, downtown revitalization, brownfield redevelopment, enhanced
beauty in public spaces, and diverse and community housing in close
proximity to places of employment, recreation, and commercial
development;
(6) Transportation. To provide transportation choices, including
increasing public transit and alternative modes of transportation, in
order to reduce automobile dependency, traffic congestion, and
automobile pollution;
(7) Consistency. To ensure predictability in building and land use
codes; and
(8) Community collaboration. To provide for and encourage local
governments to develop, through a collaborative community-based effort,
smart growth plans that include long term land use and permit
predictability and coordination, efficient decision making and planning
implementation.
(b) Such plan may include the establishment of a map or maps that
delineate the housing implementation recommendations proposed by the
town.
(c) Such plan shall be updated at least once every five years.
(d) The town housing plan shall be an element of the town's
comprehensive plan.
(e) Such plan shall ensure that all community housing created pursuant
to this section remains affordable. Subsequent purchasers of such
community housing shall have at the time of purchase, pursuant to the
definition "eligible individual", an income that does not exceed one
hundred percent of the income limits as established by the state of New
York mortgage agency low interest rate loan program in non-target
categories for Suffolk county.
(f) Such plan shall provide for the equitable distribution of
community housing opportunities among all the communities of the town.
The plan shall ensure that no community has an undue concentration of
community housing opportunities that would substantially alter the
character of the community. In determining equitable distribution of
community housing opportunities, existing community housing
opportunities in a community shall be considered.
8. Village participation. (a) The participation of any village in the
production of community housing authorized by this section shall be at
the option of the village. In order to participate, a village shall pass
a resolution opting into the program and shall submit said resolution to
the town board.
(b) Where a village opts to participate pursuant to this subdivision,
an intergovernmental agreement shall be executed pursuant to article
five-G of the general municipal law or other applicable legal authority,
in order to establish the rights and responsibilities of each government
regarding community housing opportunities.
(c) Regardless of whether a village participates in the program
authorized by this section, properties in the village shall be subject
to the supplemental real estate transfer tax authorized by subdivision
two of section fourteen hundred forty-nine-bb of the tax law.
* § 64-l. Town of Chester preservation funds. 1. As used in this
section, the following words and terms shall have the following
meanings:
(a) "Town" means the town of Chester.
(b) "Community preservation" shall mean and include any of the
purposes outlined in subdivision five of this section.
(c) "Board" means the advisory board required pursuant to subdivision
six of this section.
(d) "Fund" means the community preservation fund created pursuant to
subdivision two of this section.
(e) "Tax" shall mean the real estate transfer tax imposed pursuant to
section fourteen hundred thirty-nine-bbb of the tax law or, if the
context clearly indicates, shall mean the real estate transfer tax
imposed pursuant to article thirty-one of the tax law.
2. The town board of the town of Chester is authorized to establish by
local law a community preservation fund pursuant to the provisions of
this section. Deposits into the fund may include revenues of the local
government from whatever source and shall include, at a minimum, all
revenues from a tax imposed upon the transfer of real property interests
in such town pursuant to article thirty-one-A-four of the tax law. The
fund shall also be authorized to accept gifts of any such interests in
land or of funds. Interest accrued by monies deposited into the fund
shall be credited to the fund. In no event shall monies deposited in the
fund be transferred to any other account. Nothing contained in this
section shall be construed to prevent the financing in whole or in part,
pursuant to the local finance law, of any acquisition authorized
pursuant to this section. Monies from the fund may be utilized to repay
any indebtedness or obligations incurred pursuant to the local finance
law consistent with effectuating the purposes of this section.
3. The purposes of the fund shall be exclusively: (a) to implement a
plan for the preservation of community character as required by this
section, (b) to acquire interests or rights in real property for the
preservation of community character within the town including villages
therein in accordance with such plan and in cooperation with willing
sellers, (c) to establish a bank pursuant to a transfer of development
rights program consistent with section two hundred sixty-one-a of this
chapter, and (d) to provide a management and stewardship program for
such interests and rights consistent with subdivision ten of this
section and in accordance with such plan designed to preserve community
character. Not more than ten percent of the fund shall be utilized for
the management and stewardship program.
4. If the implementation of the community preservation project plan,
adopted by the town board, as provided in subdivision seven of this
section, has been completed, and funds are no longer needed for the
purposes outlined in this subdivision, then any remaining monies in the
fund shall be applied to reduce any bonded indebtedness or obligations
incurred to effectuate the purposes of this section.
5. Preservation of community character shall involve one or more of
the following:
(a) preservation of open space;
(b) establishment of parks, nature preserves, or recreation areas;
(c) preservation of land which is predominantly viable agricultural
land, as defined in subdivision seven of section three hundred one of
the agriculture and markets law, or unique and irreplaceable
agricultural land, as defined in subdivision six of section three
hundred one of the agriculture and markets law;
(d) preservation of lands of exceptional scenic value;
(e) preservation of freshwater marshes or other wetlands;
(f) preservation of aquifer recharge areas;
(g) preservation of undeveloped beach-lands or shoreline;
(h) establishment of wildlife refuges for the purpose of maintaining
native animal species diversity, including the protection of habitat
essential to the recovery of rare, threatened or endangered species;
(i) preservation of unique or threatened ecological areas;
(j) preservation of rivers and river areas in a natural, free-flowing
condition;
(k) preservation of forested land;
(l) preservation of public access to lands for public use including
stream rights and waterways;
(m) preservation of historic places and properties listed on the New
York state register of historic places and/or protected under a
municipal historic preservation ordinance or law; and
(n) undertaking any of the purposes of this subdivision in furtherance
of the establishment of a greenbelt.
6. The town board which has established a community preservation fund
shall create an advisory board to review and make recommendations on
proposed acquisitions of interests in real property using monies from
the fund. Such board shall consist of five or seven legal residents of
the municipality who shall serve without compensation. No member of the
local legislative body shall serve on the board. A majority of the
members of the board shall have demonstrated experience with
conservation or land preservation activities. The board shall act in an
advisory capacity to the town board. At least one member of the board
shall be an active farmer. Board members' terms shall be staggered.
7. The town board which has established a community preservation fund
shall, by local law, adopt a community preservation project plan. Such
plan shall list every project which the town plans to undertake pursuant
to the community preservation fund. Such plan shall provide for a
detailed evaluation of all available land use alternatives to protect
community character, including but not limited to: (a) fee simple
acquisition, (b) zoning regulations, including density reductions,
cluster development, and site plan and design requirements, (c) transfer
of development rights, (d) the purchase of development rights, and (e)
scenic and conservation easements. Said evaluation shall be as specific
as practicable as to each parcel selected for inclusion in such plan.
Such plan shall establish the priorities for preservation, and shall
include the preservation of farmland as its highest priority. Funds from
the community preservation fund may only be expended for projects which
have been included in such plan. Such plan shall be updated not less
than once every five years, but in no event until at least three years
after the adoption of the original plan. A copy of such plan shall be
filed with the town clerk, the commissioner of environmental
conservation, the commissioner of agriculture and markets and the
commissioner of the office of parks, recreation and historic
preservation. Such plan shall be completed at least sixty days before
the submission of the mandatory referendum required by section fourteen
hundred thirty-nine-bbb of the tax law. If at the time of referendum,
the town shall have in place an adopted open space plan, such plan shall
be deemed sufficient to waive the preservation plan requirements of this
subdivision. Any monies expended from the community preservation plan
shall, however be consistent with the purposes outlined in subdivisions
three and five of this section and with the open space plan for a period
not to exceed twelve months.
8. The town board which has established a community preservation fund
pursuant to this section may study and consider establishing a transfer
of development rights program to protect community character as provided
for by section two hundred sixty-one-a of this chapter. All provisions
of such section two hundred sixty-one-a shall be complied with. If at
any time during the life of the community preservation fund a transfer
of development rights program is established, the town may utilize
monies from the community preservation fund in order to create and fund
a central bank of the transfer of development rights program. If at any
time during the life of the community preservation fund, a transfer of
development rights program is repealed by the town, all monies from the
central bank shall be returned to the community preservation fund.
9. No interests or rights in real property shall be acquired pursuant
to this section until a public hearing is held as required by section
two hundred forty-seven of the general municipal law; provided, however,
that nothing herein shall prevent the town board from entering into a
conditional purchase agreement before a public hearing is held. Any
resolution of the town board approving an acquisition of rights or
interest in real property pursuant to this section, shall find that
acquisition was the best alternative for the protection of community
character of all the reasonable alternatives available to the town.
10. Rights or interest in real property acquired pursuant to this
section shall be administered and managed in a manner which (a) allows
public use and enjoyment in a manner compatible with the natural,
scenic, historic and open space character of such lands; (b) preserves
the native biological diversity of such lands; (c) with regard to open
spaces, limits improvements to enhancing access for passive use of such
lands such as nature trails, boardwalks, bicycle paths, and peripheral
parking areas provided that such improvements do not degrade the
ecological value of the land or threaten essential wildlife habitat; and
(d) preserves cultural property consistent with accepted standards for
historic preservation. Notwithstanding any other provision of this
subdivision there shall be no right to public use and enjoyment of land
used in conjunction with a farm operation as defined by subdivision
eleven of section three hundred one of the agriculture and markets law.
In furthering the purposes of this section, the town may enter into
agreements with corporations organized under the not-for-profit
corporation law and engage in land trust activities to manage lands
including less than fee interests acquired pursuant to the provisions of
this section, provided that any such agreement shall contain a provision
that such corporation shall keep the lands accessible to the public
unless such corporation shall demonstrate to the satisfaction of the
town that public accessibility would be detrimental to the lands or any
natural resources associated therewith.
11. Rights or interests in real property acquired with monies from
such fund shall not be sold, leased, exchanged, donated, or otherwise
disposed of or used for other than the purposes permitted by this
section without the express authority of an act of the state
legislature, which shall provide for the substitution of other lands of
equal environmental value and fair market value and reasonably
equivalent usefulness and location to those to be discontinued, sold or
disposed of, and such other requirements as shall be approved by the
state legislature. Any conservation easements, created under title three
of article forty-nine of the environmental conservation law, which are
acquired with monies from such fund may only be modified or extinguished
as provided in section 49-0307 of such law. Nothing in this section
shall preclude the town, by local law, from establishing additional
restrictions to the alienation of lands acquired pursuant to this
section. This subdivision shall not apply to the sale of development
rights by the town acquired pursuant to this section, where said sale is
made by a central bank created by the town, pursuant to a transfer of
development rights program established by the town pursuant to section
two hundred sixty-one-a of this chapter, provided, however that (a) the
lands from which said development rights were acquired shall remain
preserved in perpetuity by a permanent conservation easement or other
instrument that similarly preserves the community character referenced
in subdivision five of this section, and (b) the proceeds from such sale
shall be deposited in the community preservation fund.
* NB There are 3 § 64-l's
Town of Clarkstown preservation funds. 1. As used in this
section, the following words and terms shall have the following
meanings:
(a) "Town" means the town of Clarkstown.
(b) "Community preservation" shall mean and include any of the
purposes outlined in subdivision five of this section.
(c) "Board" means the advisory board required pursuant to subdivision
six of this section.
(d) "Fund" means the community preservation fund created pursuant to
subdivision two of this section.
(e) "Tax" shall mean the real estate transfer tax imposed pursuant to
section fourteen hundred fifty-bb of the tax law or, if the context
clearly indicates, shall mean the real estate transfer tax imposed
pursuant to article thirty-one of the tax law.
2. The town board of the town of Clarkstown is authorized to establish
by local law a community preservation fund pursuant to the provisions of
this section. Deposits into the fund may include revenues of the local
government from whatever source and shall include, at a minimum, all
revenues from a tax imposed upon the transfer of real property interests
in such town pursuant to article thirty-one-K of the tax law. The fund
shall also be authorized to accept gifts of any such interests in land
or of funds. Interest accrued by monies deposited into the fund shall be
credited to the fund. In no event shall monies deposited in the fund be
transferred to any other account. Nothing contained in this section
shall be construed to prevent the financing in whole or in part,
pursuant to the local finance law, of any acquisition authorized
pursuant to this section. Monies from the fund may be utilized to repay
any indebtedness or obligations incurred pursuant to the local finance
law consistent with effectuating the purposes of this section.
3. The purposes of the fund shall be exclusively: (a) to implement a
plan for the preservation of community character as required by this
section, (b) to acquire interests or rights in real property for the
preservation of community character within the town including villages
therein in accordance with such plan and in cooperation with willing
sellers, (c) to establish a bank pursuant to a transfer of development
rights program consistent with section two hundred sixty-one-a of this
chapter, and (d) to provide a management and stewardship program for
such interests and rights consistent with subdivision ten of this
section and in accordance with such plan designed to preserve community
character. Not more than ten percent of the fund shall be utilized for
the management and stewardship program.
4. If the implementation of the community preservation project plan,
adopted by the town board, as provided in subdivision seven of this
section, has been completed, and funds are no longer needed for the
purposes outlined in this subdivision, then any remaining monies in the
fund shall be applied to reduce any bonded indebtedness or obligations
incurred to effectuate the purposes of this section.
5. Preservation of community character shall involve one or more of
the following:
(a) preservation of open space;
(b) establishment of parks, nature preserves, or recreation areas;
(c) preservation of land which is predominantly viable agricultural
land, as defined in subdivision seven of section three hundred one of
the agriculture and markets law, or unique and irreplaceable
agricultural land, as defined in subdivision six of section three
hundred one of the agriculture and markets law;
(d) preservation of lands of exceptional scenic value;
(e) preservation of freshwater marshes or other wetlands;
(f) preservation of aquifer recharge areas;
(g) preservation of undeveloped beach-lands or shoreline;
(h) establishment of wildlife refuges for the purpose of maintaining
native animal species diversity, including the protection of habitat
essential to the recovery of rare, threatened or endangered species;
(i) preservation of unique or threatened ecological areas;
(j) preservation of rivers and river areas in a natural, free-flowing
condition;
(k) preservation of forested land;
(l) preservation of public access to lands for public use including
stream rights and waterways;
(m) preservation of historic places and properties listed on the New
York state register of historic places and/or protected under a
municipal historic preservation ordinance or law; and
(n) undertaking any of the purposes of this subdivision in furtherance
of the establishment of a greenbelt.
6. The town board which has established a community preservation fund
shall create an advisory board to review and make recommendations on
proposed acquisitions of interests in real property using monies from
the fund. Such board shall consist of five or seven legal residents of
the municipality who shall serve without compensation. The names and
relevant qualifications of each member of the advisory board shall be
posted and updated as necessary on the town's official municipal website
maintained pursuant to article thirteen-E of the general municipal law.
No member of the local legislative body shall serve on the board. A
majority of the members of the board shall have demonstrated experience
with conservation or land preservation activities. The board shall act
in an advisory capacity to the town board. At least one member of the
board shall be an active farmer. Board members' terms shall be
staggered.
6-a. In the event of a vacancy on the advisory board established
pursuant to this section, the town shall cause a notice of such vacancy
to be posted in the official newspaper of such town, or if no newspaper
has been designated as the official newspaper, in a newspaper having
general circulation in such town. A copy of such notice shall also be
posted on the town's official municipal website maintained pursuant to
article thirteen-E of the general municipal law.
7. The town board which has established a community preservation fund
shall, by local law, adopt a community preservation project plan. Such
plan shall list every project which the town plans to undertake pursuant
to the community preservation fund. It shall include every parcel which
is necessary to be acquired in the town in order to protect community
character. Such plan shall provide for a detailed evaluation of all
available land use alternatives to protect community character,
including but not limited to: (a) fee simple acquisition, (b) zoning
regulations, including density reductions, cluster development, and site
plan and design requirements, (c) transfer of development rights, (d)
the purchase of development rights, and (e) scenic and conservation
easements. Said evaluation shall be as specific as practicable as to
each parcel selected for inclusion in such plan. Such plan shall
establish the priorities for preservation, and shall include the
preservation of farmland as its highest priority. Funds from the
community preservation fund may only be expended for projects which have
been included in such plan. Such plan shall be updated not less than
once every five years, but in no event until at least three years after
the adoption of the original plan. A copy of such plan shall be filed
with the town clerk, the commissioner of environmental conservation, the
commissioner of agriculture and markets and the commissioner of the
office of parks, recreation and historic preservation. Such plan shall
be completed at least sixty days before the submission of the mandatory
referendum required by section fourteen hundred fifty-bb of the tax law.
If at the time of referendum, the town shall have in place an adopted
open space plan, such plan shall be deemed sufficient to waive the
preservation plan requirements of this subdivision. Any monies expended
from the community preservation plan shall, however be consistent with
the purposes outlined in subdivisions three and five of this section and
with the open space plan for a period not to exceed twelve months.
8. The town board which has established a community preservation fund
pursuant to this section may study and consider establishing a transfer
of development rights program to protect community character as provided
for by section two hundred sixty-one-a of this chapter. All provisions
of such section two hundred sixty-one-a shall be complied with. If at
any time during the life of the community preservation fund a transfer
of development rights program is established, the town may utilize
monies from the community preservation fund in order to create and fund
a central bank of the transfer of development rights program. If at any
time during the life of the community preservation fund, a transfer of
development rights program is repealed by the town, all monies from the
central bank shall be returned to the community preservation fund.
9. No interests or rights in real property shall be acquired pursuant
to this section until a public hearing is held as required by section
two hundred forty-seven of the general municipal law; provided, however,
that nothing herein shall prevent the town board from entering into a
conditional purchase agreement before a public hearing is held. Any
resolution of the town board approving an acquisition of rights or
interest in real property pursuant to this section, shall find that
acquisition was the best alternative for the protection of community
character of all the reasonable alternatives available to the town.
10. Rights or interest in real property acquired pursuant to this
section shall be administered and managed in a manner which (a) allows
public use and enjoyment in a manner compatible with the natural,
scenic, historic and open space character of such lands; (b) preserves
the native biological diversity of such lands; (c) with regard to open
spaces, limits improvements to enhancing access for passive use of such
lands such as nature trails, boardwalks, bicycle paths, and peripheral
parking areas provided that such improvements do not degrade the
ecological value of the land or threaten essential wildlife habitat; and
(d) preserves cultural property consistent with accepted standards for
historic preservation. Notwithstanding any other provision of this
subdivision there shall be no right to public use and enjoyment of land
used in conjunction with a farm operation as defined by subdivision
eleven of section three hundred one of the agriculture and markets law.
In furthering the purposes of this section, the town may enter into
agreements with corporations organized under the not-for-profit
corporation law and engage in land trust activities to manage lands
including less than fee interests acquired pursuant to the provisions of
this section, provided that any such agreement shall contain a provision
that such corporation shall keep the lands accessible to the public
unless such corporation shall demonstrate to the satisfaction of the
town that public accessibility would be detrimental to the lands or any
natural resources associated therewith.
11. Rights or interests in real property acquired with monies from
such fund shall not be sold, leased, exchanged, donated, or otherwise
disposed of or used for other than the purposes permitted by this
section without the express authority of an act of the state
legislature, which shall provide for the substitution of other lands of
equal environmental value and fair market value and reasonably
equivalent usefulness and location to those to be discontinued, sold or
disposed of, and such other requirements as shall be approved by the
state legislature. Any conservation easements, created under title three
of article forty-nine of the environmental conservation law, which are
acquired with monies from such fund may only be modified or extinguished
as provided in section 49-0307 of such law. Nothing in this section
shall preclude the town, by local law, from establishing additional
restrictions to the alienation of lands acquired pursuant to this
section. This subdivision shall not apply to the sale of development
rights by the town acquired pursuant to this section, where said sale is
made by a central bank created by the town, pursuant to a transfer of
development rights program established by the town pursuant to section
two hundred sixty-one-a of this chapter, provided, however that (a) the
lands from which said development rights were acquired shall remain
preserved in perpetuity by a permanent conservation easement or other
instrument that similarly preserves the community character referenced
in subdivision five of this section, and (b) the proceeds from such sale
shall be deposited in the community preservation fund.
Actions and proceedings by and against towns. 1. Any action or
special proceeding for or against a town, or for its benefit, and upon a
contract lawfully made with it, or with any of its officers or agents
authorized to contract in its behalf, or to enforce any liability
created, or duly enjoined upon it, or upon any of its officers or agents
for which it is liable, or to recover damages for any injury to any
property or rights for which it is liable, shall be in the name of the
town. The town board of any town may authorize and direct any town
officer or officers to institute, defend or appear, in any action or
legal proceeding, in the name of the town, as in its judgment may be
necessary, for the benefit or protection of the town, in any of its
rights or property. It shall be the duty of any officer or officers so
authorized and directed to institute said action or legal proceeding or
to defend or appear therein, and the reasonable and necessary expense of
such action or proceeding, or defense or appearance shall be a town
charge. No such officer or officers, however, shall employ legal counsel
except as directed by the town board.
2. The town may sue and be sued at law for the breach of any lawful
contract entered into by it on behalf of a district wholly located in
such town. Any sum of money recovered by it in such an action shall be
paid over to the town treasury and be credited to such district. In the
event of the entry of any judgment against such town by reason of a
contract made on behalf of a district, the town shall forthwith satisfy
and pay such judgment, interest and costs, and the amount so paid in
satisfaction of any such judgment, interest and costs shall be a charge
against such district and the amount thereof shall be assessed and
levied against and collected from the several lots and parcels of land
within the district in the same manner as other district charges, or the
amount of any such judgment, including interest and costs, may be
financed pursuant to the local finance law in which event amounts
necessary to provide for the annual payments of principal of and
interest on any obligations issued by the town for such purpose shall be
assessed and levied against and collected from the several lots and
parcels of land within the district in the same manner as other district
charges.
3. On and after the first day of September, nineteen hundred
thirty-nine, no action shall be maintained against a town upon or
arising out of a contract entered into by the town unless the same shall
be commenced within eighteen months after the cause of action thereof
shall have accrued, nor unless a written verified claim shall have been
filed with the town clerk within six months after the cause of action
shall have accrued, but no such action shall be brought upon any such
claim until forty days have elapsed after the filing of the claim in the
office of the town clerk.
Liability of towns and town superintendents of highways in
certain actions. 1. No civil action shall be maintained against any town
or town superintendent of highways for damages or injuries to person or
property sustained by reason of any highway, bridge or culvert being
defective, out of repair, unsafe, dangerous or obstructed unless written
notice of such defective, unsafe, dangerous or obstructed condition of
such highway, bridge or culvert was actually given to the town clerk or
town superintendent of highways, and that there was a failure or neglect
within a reasonable time after the giving of such notice to repair or
remove the defect, danger or obstruction complained of, or, in the
absence of such notice, unless such defective, unsafe, dangerous or
obstructed condition existed for so long a period that the same should
have been discovered and remedied in the exercise of reasonable care and
diligence; but no such action shall be maintained for damages or
injuries to person or property sustained solely in consequence of the
existence of snow or ice upon any highway, bridge or culvert, unless
written notice thereof, specifying the particular place, was actually
given to the town clerk or town superintendent of highways and there was
a failure or neglect to cause such snow or ice to be removed, or to make
the place otherwise reasonably safe within a reasonable time after the
receipt of such notice.
2. No civil action shall be maintained against any town or town
superintendent of highways for damages or injuries to person or property
sustained by reason of any defect in its sidewalks or in consequence of
the existence of snow or ice upon any of its sidewalks, unless such
sidewalks have been constructed or are maintained by the town or the
superintendent of highways of the town pursuant to statute, nor shall
any action be maintained for damages or injuries to person or property
sustained by reason of such defect or in consequence of such existence
of snow or ice unless written notice thereof, specifying the particular
place, was actually given to the town clerk or to the town
superintendent of highways, and there was a failure or neglect to cause
such defect to be remedied, such snow or ice to be removed, or to make
the place otherwise reasonably safe within a reasonable time after the
receipt of such notice.
3. The town superintendent of highways shall transmit in writing to
the town clerk within ten days after the receipt thereof all written
notices received by him pursuant to this section.
4. The town clerk of each town shall keep an indexed record, in a
separate book, of all written notices which he shall receive of the
existence of a defective, unsafe, dangerous or obstructed condition in
or upon, or of an accumulation of ice or snow upon any town highway,
bridge, culvert or sidewalk, which record shall state the date of
receipt of the notice, the nature and location of the condition stated
to exist, and the name and address of the person from whom the notice is
received. All such written notices shall be indexed according to the
location of the alleged defective, unsafe, dangerous or obstructed
condition, or the location of accumulated snow or ice. The record of
each notice shall be preserved for a period of five years after the date
it is received.
Place of trial of actions and proceedings against towns;
inhabitants not incompetent to act thereat. 1. The place of trial of all
actions and proceedings against a town or any of its officers or boards
shall be the county in which the town is situated.
2. Upon the trial of any issue or the prosecution of any proceeding,
or upon the taking or making of any inquisition, appraisal or award, or
upon the judicial investigation of any facts whatever, to which issue,
proceedings, inquest, investigation or award a town is a party, or in
which a town may in any way be interested, no person shall be deemed
incompetent as a judge, referee, commissioner, witness or juror by
reason of his being an inhabitant, freeholder or taxpayer of the town.
Presentation of claims for torts: actions against towns. 1. Any
claim including a claim specified in section sixty-five-a of this
chapter which may be made against the town or town superintendent of
highways for damages for wrong or injury to person or property or for
the death of a person, shall be made and served in compliance with
section fifty-e of the general municipal law.
2. Every action upon such claim shall be commenced pursuant to the
provisions of section fifty-i of the general municipal law.
3. This section shall not apply to actions upon claims for damages or
compensation for property taken by condemnation for any public purpose.
Compromise of actions, proceedings or claims. 1. The town board
of any town may compromise or settle:
a. An action or proceeding against the town, with the approval of the
court in which such action or proceeding is pending.
b. Any claim presented pursuant to section sixty-five-a or sixty-seven
of this chapter, with the approval of a justice of the supreme court of
the judicial district in which such town is located.
2. The order of the court or the justice approving such settlement or
compromise may be granted upon the motion of an officer of the town
designated by the town board, supported by the affidavit of such officer
setting forth the cause of action or the claim against the town and also
such other information which, in his opinion, will enable the court or
the justice to arrive at a determination that such compromise or
settlement is just, reasonable and to the interest of the town. Such
officer may also present the affidavits of other persons in support of
his motion. The court or the justice, in order to arrive at such a
determination, may require such officer to present additional
information by a supplemental affidavit or affidavits or may require
other persons to present additional information by their affidavits.
3. Upon obtaining the approval of the court or the justice, the town
board may pay the amount of such compromise or settlement from funds or
sources authorized pursuant to section one hundred twelve of this
chapter.
4. Notwithstanding the foregoing provisions of this section, the town
board of any town may compromise or settle any action, proceeding or
claim against the town upon such terms as said board shall determine are
just, reasonable and to the interest of the town.
Duties of town board with respect to justice courts. Each town
board shall provide for each justice of the peace such statutes,
manuals, books, forms and supplies as may be necessary for the proper
administration of his office. The expenses incurred in complying with
the foregoing provisions shall be a town charge within the meaning of
this chapter.
ARTICLE 5 Alteration of Boundaries
* § 73. Alteration of town boundaries. 1. A petition signed, and
acknowledged or proved, or authenticated in the manner provided in
article six for the purpose of altering the boundary lines or the
division of a town may be filed as herein provided. The petition shall
describe the boundaries with common certainty and shall be accompanied
by a map or survey showing the alteration proposed. The petition shall
be signed, and acknowledged or proved, or authenticated by electors of
each town affected as provided in section eighty-one of this chapter.
The petition shall contain a statement of all town indebtedness and the
reasons for the change.
2. The petition shall be filed with the clerk of the board of
supervisors of the county not less than one hundred twenty days
preceding a biennial town election. The board of supervisors shall fix a
date for a public hearing thereon and the clerk of said board of
supervisors shall prepare a notice of such hearing which shall recite
the filing of the petition and the description of the proposed
alteration. The notice shall be delivered to the town clerk of each town
affected thereby, who shall cause the same to be published in a
newspaper published in the town, or if none, in a newspaper having
circulation in such town, once a week for four successive weeks next
preceding the hearing and who shall also cause a copy of the notice to
be posted on the sign-board of the town maintained pursuant to
subdivision six of section thirty of this chapter at least four weeks
next preceding the hearing. In the event that the town maintains a
website, such information may also be provided on the website. The cost
of publication and posting shall be a town charge and due proof thereof
shall be filed with the clerk of the board of supervisors at or before
the hearing.
3. The public hearing may be held either before the board of
supervisors or a standing or special committee of the board designated
for the purpose. A report of proceedings before a committee shall be
filed with the clerk of the board of supervisors within ten days after
the public hearing. After such public hearing and upon the evidence
given thereat, the board of supervisors may by a resolution adopted by a
two-thirds vote of the total voting power of the board grant the
petition and provide for the submission of a proposition to the electors
of each town affected. A copy of the determination of the board of
supervisors duly certified by the clerk of the board shall be filed in
the office of the town clerk of each town affected. No county, city or
village boundary shall be altered under or pursuant to the provisions of
this section.
4. The form of the proposition and the certificate thereof shall be in
the manner provided in article three of the county law. When a town is
to be divided, the board of supervisors shall determine the proposed
name of each new town.
5. The proposition shall be submitted to the qualified electors of
each town affected at the next biennial town election occurring not less
than forty days after the adoption of the resolution of the board of
supervisors. All provisions of the election law not inconsistent with
this chapter shall apply to the submission of the proposition and to the
canvass of the vote and certification of the result. If a majority of
the votes cast on such proposition be in the affirmative, the
proposition shall be adopted and the town or towns shall consist of the
territory as so altered or divided.
6. The clerk of the board of supervisors shall cause a copy of the
petition together with a copy of such map or survey, to be filed within
sixty days after the adoption of the proposition with the secretary of
state and state comptroller, and with the county clerk of the county.
* NB This section partially repealed by chapter 73/64. Certain
provisions were retained by opinion of the Atty. Gen. (Inf.) October 1,
1981;(Inf.) 195/1975; and (Inf.) 143/1977.
* § 74. Effective date of alteration or division. 1. When only the
boundary lines are altered between two towns, the same shall be
effective on the first of July next succeeding the adoption of the
proposition. The town board of the respective towns shall prior thereto
make all necessary alterations in the election districts in such town.
The term of any town officer shall not be abridged by reason of any
alteration in town lines.
2. When a town is divided into two or more towns, the same shall be
effective for the purposes of exercise of governmental functions on the
first day of January next succeeding the first biennial town election at
which town officers for the new towns may be elected. All officers of
the town in office on such first day of January shall continue in
office, unless a vacancy occurs, until the expiration of the term for
which elected or appointed. The town board shall prior to such effective
date, make all necessary alterations or creation of new election
districts as provided in the election law.
* NB This section partially repealed by chapter 73/64. Certain
provisions were retained by opinion of the Atty. Gen. (Inf.) October 1,
1981;(Inf.) 195/1975; and (Inf.) 143/1977.
Disposition of town property on alteration of boundaries. When
the boundaries of a town owning real or personal property shall be
altered, either by a division of a town into two or more towns or by the
annexation of a part of its territory to another town or towns, the town
boards of the several towns affected by such alterations shall meet as
soon as may be after the first biennial town elections subsequently held
in such towns, and shall make such agreement concerning the disposition
to be made of such real and personal property, and the apportionment of
the proceeds, as they shall deem equitable and take all measures, and
execute all conveyances necessary to carry such agreement into effect.
If no such agreement shall be made within six months after such town
elections, the town board of each town in which any portion of such real
property, or in whose possession any of such personal property shall be,
shall, as soon as may be, sell and convey such part of the real property
as shall be included within the limits of the town as fixed by such
alteration, and such of the personal property as may be in its
possession; and the proceeds arising from the sale shall be apportioned
between the several towns interested therein, by the town boards of all
the towns, according to the amount of the taxable property of the town
divided or altered, as the same existed immediately before such division
or alteration, to be ascertained by the last assessment-roll of such
town. No town cemetery or burialground shall be sold or divided, but the
same shall belong to the town within which it may be situated after a
division of the town shall have been made, and no lots heretofore
granted by the people of this state to any town for the support of the
gospel and of schools, commonly called the gospel and school lots, shall
be so sold or apportioned.
Apportionment of debts on division of towns. Debts owed by a
town so divided or altered shall be apportioned in the same manner as
the personal property of a town, and each town shall be charged with its
share of the debts, according to the apportionment, and the amount of
the unpaid taxes levied and assessed upon the taxable property of the
town, divided or altered, before the division or alteration thereof,
shall be apportioned between the several towns interested therein,
according to the amount of taxable property in each town as the same
existed before such division or alteration, to be ascertained by the
last assessment-roll of the town. In making such division, there shall
be set off to each town interested the unpaid taxes assessed and levied
upon the real property within its borders and such as were assessed and
levied upon personal property against persons or corporations who
resided within its borders at the time of the assessment; and each town,
to which the same are apportioned, shall have the same power, right and
methods of collecting the same by warrant, action, sale or otherwise, as
the town so divided or altered had, or would have had if such town had
not been so divided or altered. Any such town having apportioned to it
more than its proportion of unpaid taxes, according to the aforesaid
taxable property, to be ascertained by the last assessment-roll of such
town, shall pay to the other town or towns interested, such sum or sums
as shall be necessary to make such apportionment correspond with the
said taxable property, as ascertained by the said last assessment-roll
of said town, before the said division or alteration.
Meetings of town boards on alteration of boundaries. Whenever a
meeting of the town boards of two or more towns shall be required, in
order to carry into effect the provisions of this article, such meeting
may be called by either of the supervisors of such towns, by giving at
least three days' written notice to all the other members of such town
boards of the time and place of such meeting.
Right of action upon failure of towns whose boundaries are
altered to agree upon disposition of assets and debts. Whenever said
town boards shall fail to carry into effect the provisions of this
article and agree upon the amount of assets to which each town is
entitled, and the amount of indebtedness for which each town is liable
and complete the full settlement thereof, within eighteen months after
the division or alteration mentioned in section seventy-five of this
article, any of such towns may begin and maintain an action against the
other town or towns to make and enforce such settlement.
Application of article. The provisions of this article shall
apply to towns heretofore and hereafter divided or altered.
ARTICLE 5-A Dissolution of Certain Towns
Dissolution of certain towns. 1. Any town having no bonded
indebtedness may be dissolved and may be annexed to and become a part of
an adjoining town in the same county, upon compliance with the following
conditions:
a. The submission at a special or biennial town election in the town
proposed to be dissolved of a proposition, in the manner provided by
article six, for the dissolution of such town and the annexation of the
territory therein to a specified adjoining town in the same county, and
the approval of such proposition by a majority of the electors voting
thereon at such election.
b. The submission at a special or biennial town election in such
adjoining town, at the same time as the proposition provided for in the
last preceding paragraph is submitted, of a proposition, in the manner
provided by article six, for the annexation of the territory of the town
proposed to be dissolved, and the approval of such proposition by a
majority of the duly qualified electors voting at such election.
2. If such proposition be so approved and adopted, the dissolution and
annexation therein provided for shall become effective at the expiration
of the thirty-first day of December of the odd numbered year next
succeeding the year in which such propositions are so approved and
adopted except in the county of Broome where such dissolution and
annexation shall become effective at the expiration of the next
succeeding even numbered year. Provided, however that such dissolution
or annexation shall not affect a fire district or other special
improvement district in the territory to be annexed. No election of town
officers shall be held in the town so to be dissolved during the year
immediately preceding the time such dissolution becomes effective but
voters of such town shall have the right to vote at the election in such
year for officers of the town to which such town is to be annexed and
the board of elections shall make provision for the holding of such
election in such town. The terms of office of all town officers of such
town shall expire when such dissolution becomes effective, except
justices of the peace who shall continue in office until the expiration
of the term for which they were elected or appointed and who shall
exercise all the powers and duties of and be entitled to compensation as
a justice of the peace of the town to which such dissolved town is
annexed, provided that they shall not be members of the town board of
such town. No successors to such justices of the peace of the town so
dissolved shall be elected or appointed.
3. All the property and assets, real and personal, of a town so
dissolved, shall become the property and assets of the town to which it
is annexed, and all debts and charges of a town so dissolved shall be
the liability of and be paid by the town to which it is annexed. All
funds and sums of money held by such a town so dissolved or any officer
thereof to the credit of such town shall be paid to the supervisor of
the town to which such dissolved town is annexed. All the books, records
and documents of or on file with the town officers of a town so
dissolved, shall be turned over at the expiration of their terms of
office to appropriate officers of the town to which such territory is
annexed.
4. In case of dissolution and annexation as herein permitted, in the
year at the end of which the dissolution and annexation become
effective, the retiring supervisor of the town to be so dissolved shall
present the assessment roll of such town, as completed by the assessors
thereof, to the board of supervisors of the county and such board of
supervisors shall cause each of the assessments thereon to be
transferred and added to the assessment roll of the town to which such
dissolved town is to be annexed, consolidated and treated as one tax
roll and each of the pieces of property and all of the assessments so
transferred shall thenceforth, for tax purposes, be part of the taxable
property and assessments of the town to which such dissolved town is to
be annexed.
5. In case of dissolution and annexation as herein permitted, the town
board of the town to which the territory of the dissolved town is
annexed shall make a proper revision of the election districts in such
town.
ARTICLE 6 Town Elections
Biennial town elections. Notwithstanding any provision of any
general, special or local law, charter, code, ordinance, resolution,
rule or regulation to the contrary, a biennial town election for the
election of town officers, other than town justices or any town office
with a three-year term prior to January first, two thousand twenty-five,
and for the consideration of such questions as may be proposed by the
town board or the duly qualified electors, pursuant to the provisions of
this chapter, shall be held on the Tuesday next succeeding the first
Monday in November of every even-numbered year. All other town elections
are special elections. A town election or special town election held
pursuant to this chapter, shall be construed as a substitute, for a town
meeting or a special town meeting heretofore provided to be held by law,
and a reference in any law to a town meeting or special town meeting
shall be construed as referring to a town election or special town
election. Any town completely coterminous with a village shall continue
to elect its officers, including town justices, in odd-numbered years if
both such village and town last held such elections in an odd-numbered
year prior to January first, two thousand twenty-five.
Election upon proposition. The town board may upon its own
motion and shall upon a petition, as hereinafter provided, cause to be
submitted at a special or biennial town election, a proposition:
1. In any town:
(a) To erect a monument or monuments within the town in commemoration
of any person or event.
(b) To purchase, lease, construct, alter or remodel a town hall, a
town lockup or any other necessary building for town purposes, acquire
necessary lands therefor, and equip and furnish such buildings for such
purposes, or to demolish or remove any town building.
(c) To establish airports, landing fields, public parking places,
public parks or playgrounds, acquire the necessary lands therefor, and
equip the same with suitable buildings, structures and apparatus.
(d) To vote upon or determine any question, proposition or resolution
which may lawfully be submitted, pursuant to this chapter or any general
or special law.
(e) To dredge, bulkhead, dock and otherwise improve any navigable, or
other waterway, within the town, and to rent, purchase and equip
necessary machinery for such dredging, docking, bulkheading or other
improvement, and supply the necessary labor and material therefor.
(f) To provide for the collection and disposition of garbage, ashes,
rubbish and other waste matter in the town by (1) the award of one or
more contracts for the collection and disposition of the same, (2) by
the purchase, operation and maintenance of apparatus and equipment for
the collection and transportation of the same, (3) by the construction,
operation and maintenance of a disposal or incinerator plant or (4) by
any combination of (1), (2) and (3).
2. In any town of the first class:
(a) To increase the number of council members from four to six.
(b) To establish or abolish the ward system for the election of
council members in towns having four or six council members.
(c) To decrease the number of council members from four to two.
(d) To increase the number of council members from two to four.
3. In a town of the second class having five thousand or more
population according to the latest federal or state census or
enumeration or having an assessed valuation of ten million dollars or
more, as shown by the latest completed assessment-roll of such town, or
adjoining a city having a population of three hundred thousand or more,
as shown by the latest federal or state census or enumeration, to change
the classification of such town to that of a town of the first class.
4. Such petition shall be subscribed and authenticated, in the manner
provided by the election law for the authentication of nominating
petitions, by electors of the town qualified to vote upon a proposition
to raise and expend money, in number equal to at least five per centum
of the total votes cast for governor in said town at the last general
election held for the election of state officers, but such number shall
not be less than one hundred in a town of the first class nor less than
twenty-five in a town of the second class. If such a petition be filed
in the office of the town clerk not less than sixty days, nor more than
seventy-five days, prior to a biennial town election, the proposition
shall be submitted at such biennial election. If a petition be presented
at any other time, a special election shall be called to be held not
less than sixty days, nor more than seventy-five days after the filing
of such petition.
5. A proposition for the consolidation or dissolution of a town or
district shall be noticed, conducted, canvassed and otherwise held
pursuant to, and in accordance with, the provisions of article
seventeen-A of the general municipal law; and a petition to consolidate
or dissolve a town or district shall be subscribed, authenticated and
otherwise governed pursuant to, and in accordance with, that article.
Any expenditure approved pursuant to this section shall be paid for by
taxes levied for the fiscal year in which such expenditure is to be
made. However, nothing contained in this section shall be construed to
prevent the financing in whole or in part, pursuant to the local finance
law, of any expenditure enumerated in this section which is not
authorized pursuant to this section.
Any expenditure financed in whole from moneys appropriated from surplus
funds shall not be subject to referendum.
Notice of submission of proposition; hours of voting. The town
board shall adopt a resolution at least twenty days before every special
town election designating the hours of opening and closing the polls and
the place or places of holding the election, and setting forth in full
all propositions to be voted upon. If the town board shall designate
more than one voting place, the resolution and the notice hereinafter
provided for shall specify the place at which the qualified voters of
each election district shall vote. The polls shall remain open for at
least six consecutive hours between eight o'clock in the forenoon and
eight o'clock in the evening. The voting upon a proposition shall be by
ballot and each proposition submitted shall be separately stated and
numbered thereon. The town clerk shall give notice of such special town
election at the expense of the town by the publication of a notice in a
newspaper published in said town, if there be any, or, if there be none,
in a newspaper published in the county having general circulation in the
town, specifying the time when and place or places where such election
will be held, the hours during which the polls will remain open for the
purpose of receiving ballots, and setting forth in full all propositions
to be voted upon. The first publication of such notice shall be at least
ten days prior to the time of such special election. In addition, the
town clerk shall post or cause to be posted a copy of such notice on the
sign-board of the town maintained pursuant to subdivision six of section
thirty of this chapter at least ten days prior to such election. In the
event that any such questions or propositions shall be submitted at a
biennial town election, notice that the same will be submitted setting
them forth in full shall be published and posted in the manner above
provided for special town elections.
Conduct of town elections. The town board shall select from the
list of election inspectors and ballot clerks previously designated for
general election purposes, pursuant to the election law, persons to act
as election inspectors and ballot clerks for each voting place at which
a special town election shall be held. Election inspectors and ballot
clerks for biennial town elections shall be those appointed as provided
by the election law, and both special town elections and biennial
elections shall be conducted, the votes canvassed, and the results
certified and returned so far as practicable in the manner prescribed by
such law. Upon the closing of the polls at any election at which a
proposition or propositions shall be voted upon, the election inspectors
shall proceed to canvass the votes thereat and shall complete such
canvass without adjournment. As soon as possible after completion the
inspectors shall file with the town clerk a certificate setting forth
the holding of the election, the total number of votes cast upon each
proposition, and the number of votes cast for and against each
proposition, together with the name and address of every person voting
at such election upon such proposition or propositions.
Qualifications of electors at town elections. 1. No person shall
be entitled to vote upon any proposition for raising, appropriating or
expending money or incurring any town liability, or for the sale or
other disposition of town land or property, unless he or she is an
elector of the town; nor shall he or she be entitled to vote upon any
proposition for raising, appropriating or expending money or incurring
any liability which shall be a charge wholly against a district or a
portion of said town unless he or she is an elector.
2. The town board of a town may, by resolution adopted at a regular
meeting, determine that thereafter personal registration of voters shall
be required for special town elections. Such resolution and the notice
hereinafter provided for shall specify the day or days, the place or
places, and the hours during which a board or boards of registration
shall meet for the purpose of preparing a register of voters of the town
qualified to vote in such special elections, who shall present
themselves personally for registration for such special election. The
town clerk shall give notice at the expense of the town, by the
publication of a notice in a newspaper published in said town, if there
be any, or, if there be none, in a newspaper published in the county
having general circulation in the town, specifying the day or days, the
place or places, and hours during which the board or boards of
registration will meet for the purpose of preparing a register of
qualified voters of the town as provided in this section. The first
publication of such notice shall be at least ten days prior to the first
day fixed by the town board on which boards of registration shall meet.
In addition, the town clerk shall post or cause to be posted in five
conspicuous places in said town copies of such notice at least ten days
prior to the first day fixed by the town board on which the boards of
registration shall meet.
3. In such event, the town board shall select from the list of
election inspectors previously designated for general election purposes,
not less than two nor more than four persons to constitute a board of
registration for each voting place designated by the town board,
provided, however, a town board may, by resolution adopted at a regular
meeting, determine that one or more boards of registration shall be
reasonably capable of carrying out the personal registration
requirements, as provided in this section, for all voting places
designated for such special town election. Each member of a board of
registration shall be entitled to compensation at a rate to be fixed by
the town board for time spent upon the duties of his office.
4. Such boards of registration shall meet on such days as the town
board shall, by said resolution designate, the last day of which shall
not be more than fifteen nor less than ten days preceding such special
town election at the place in each election district where the election
is to be held, and at such hours as the town board shall designate,
which shall include at least four consecutive hours between twelve
o'clock noon and nine o'clock in the evening of each day required for
the preparation of the register for such election, which shall include,
at a minimum, a space for the name of the voter and his address within
the town, a space for the voter's signature to be signed on the day of
the election and a space in which there shall be entered the
qualifications for voters as provided by this section. All the
provisions of the election law in relation to the registration of voters
shall, so far as applicable, apply to the registration provided for by
this section and such special elections in such towns shall be conducted
in the manner provided by this chapter and the election law, except that
no person shall be entitled to vote thereat whose name does not appear
upon the register of the voting place in which he claims to be entitled
to vote.
5. In order to assist boards of registration in the preparation of
their registers, the town clerk, prior to the first meeting of such
boards of registration, shall obtain from the board of elections of the
county in which such town is located, the list of names and addresses of
all voters registered with such board of elections on or before the
twenty-third day before such special election. The town clerk shall
deliver the names and addresses of qualified voters to the appropriate
board or boards of registration on or before the first meeting of such
board or boards. At the first and subsequent meetings of the board of
registration for each voting place designated by the town board for such
special town election, such board of registration shall place on the
register described in subdivision four hereof the names of all qualified
voters and all other qualified voters who personally appear, those
voters who have made application for early mail ballots, and those
military voters and such other voters who are absent by reason of
confining illness or physical disability or whose duties, occupation or
business required them to be outside of the state of New York, having
the qualifications of voters prescribed in this section and who have
made application for absentee ballots as certified to them by the town
clerk.
6. The register prepared as provided in this section shall immediately
upon its completion and not more than eighteen hours thereafter; be
filed in the office of the town clerk, and thereafter shall at all
reasonable times be open to inspection by any qualified voter of the
town on each day up to and including the day next preceding the day set
for such town election, except Saturdays, Sundays and holidays.
Additions, corrections, challenges and judicial review of registration
procedure shall so far as practicable conform to sections 5-218, 5-220
and 16-108 of the election law.
Absentee ballots for special town elections; special
provisions. 1. Absentee ballots shall be provided for all special town
elections for which personal registration is required.
2. a. An applicant for such an absentee ballot shall submit an
application setting forth (1) his name and residence address, including
the street and number, if any, or town and rural delivery route, if any;
(2) that he is or will be, on the day of the election, a qualified voter
of the town in which he resides; (3) that he is registered in the town;
(4) that he will be unable to appear to vote in person on the day of the
election for which the absentee ballot is requested because he is, or
will be on such day (a) a patient in a hospital, or unable to appear
personally at the polling place on such day because of illness or
physical disability or (b) because his duties, occupation or business
will require him to be outside of the county of his residence on such
day, (c) because he will be on vacation outside the county of his
residence on such day; or, (d) absent from his voting residence because
he is detained in jail awaiting action by a grand jury or awaiting trial
or is confined in prison after conviction for an offense other than a
felony. Such application must be received by the town clerk at least
seven days before the election if the ballot is to be mailed to the
voter, or the day before the election, if the ballot is to be delivered
personally to the voter or his agent.
b. (1) Where such duties, occupation or business are of such a nature
as ordinarily to require such absence, a brief description of such
duties, occupation or business shall be set forth in such affidavit; and
(2) where such duties, occupation or business are not of such a nature
as ordinarily to require such absence, such application shall contain a
statement of the special circumstances on account of which such absence
is required.
c. Where the applicant expects in good faith to be absent on the day
of the election because he will be on vacation elsewhere on such day,
such application shall also contain the dates upon which he expects to
begin and end such vacation, the place or places where he expects to be
on such vacation, the name and address of his employer, if any, and if
self-employed, a statement to that effect.
d. Where the absence is because of detention or confinement to jail,
such affidavit shall state whether the voter is detained awaiting action
of the grand jury or is confined after conviction for an offense other
than a felony.
e. Where a person is or would be, if he were a qualified voter,
entitled to apply for the right to vote by absentee ballot under the
provisions of this section, his spouse, parent or child, if a qualified
voter and a resident of the same town, shall be entitled to vote as an
absentee voter upon personally making and signing an application in
accordance with the preceding provisions of this subdivision and showing
that he expects to be absent from the town on the day of the special
town election by reason of accompanying or being with the spouse, child
or parent who is or would be, if he were a qualified voter, so entitled
to apply for the right to vote by absentee ballot, and, in the event no
application is made by such spouse, child or parent, such further
information as the town shall require.
f. Such application shall include the following statement to be
signed by the voter:
I hereby declare that the foregoing is a true statement to the best of
my knowledge and belief, and I understand that if I make any material
false statement in the foregoing statement of application for absentee
ballots, I shall be guilty of a misdemeanor.
Date.................... Signature of Voter.............
g. An applicant whose ability to appear personally at the polling
place of the town of which he is a qualified voter is substantially
impaired by reason of permanent illness or physical disability and whose
registration record has been marked "permanently disabled" by the board
of elections pursuant to the provisions of the election law shall be
entitled to receive an absentee ballot pursuant to the provisions of
this section without making separate application for such absentee
ballot, and the town clerk, upon being advised by the board of elections
on or with the list of registered voters that the registration record of
a voter is marked "permanently disabled", shall send an absentee ballot
to such voter at his last known address by first class mail with a
request to the postal authorities not to forward same but to return same
in five days in the event that it cannot be delivered to the addressee.
The board of inspectors of the election district shall make an
appropriate entry on the registration record indicating the fact that an
absentee ballot has been sent and the date of mailing.
3. If, upon examining the application required under the provisions
of subdivision two of this section, and upon such inquiry as it deems
proper, the board of inspectors shall be satisfied that the applicant is
a qualified voter of the town, and entitled to vote by absentee ballot,
such board of inspectors shall place his name upon a list, thereupon the
applicant shall be issued or mailed an absentee voter's ballot and the
town clerk shall make an appropriate entry on the list indicating that
an absentee ballot has been applied for by, and issued to, the
applicant.
4. Ballots for absentee voters shall be, as nearly as practicable, in
the same form as those to be voted at the town election. On the back of
such absentee ballots shall be printed the words "Official Ballot,
Absentee Voter".
5. a. The board of registration shall enclose each absentee voter's
ballot in an envelope which shall be labelled:
ELECTION MATERIAL
PLEASE EXPEDITE
On one side of such envelope shall be printed:
OFFICIAL BALLOT, ABSENTEE VOTER
for
Special Town Election
Name of Voter.........................................
Residence (street and number, if any).................
Town of...............................................
County of.............................................
The date of the election and name of the town shall be printed, and
the name of the voter, residence and district shall be written in by the
town clerk.
b. On the reverse side of such envelope shall be printed the following
statement:
STATEMENT OF ABSENTEE VOTER
I do declare that I will have been a citizen of the United States for
thirty days, and will be at least eighteen years of age, on the date of
the special town election; that I will have been a resident of this
state and of the town shown on the reverse side of this envelope for
thirty days next preceding the said election; that I am or on such date
will be, a registered voter of said town; that I will be unable to
appear personally on the day of said special town election at the
polling place of the election district in which I am or will be a
qualified voter because of the reason stated on my application
heretofore submitted; that I have not qualified, or do I intend to vote,
elsewhere than as set forth on the reverse side of this envelope; that I
have not received or offered, do not expect to receive, have not paid,
offered or promised to pay, contributed, offered or promised to
contribute to another to be paid or used, any money or other valuable
thing, as a compensation or reward for the giving or withholding of a
vote at this special town election, and have not made any promise to
influence the giving or withholding of any such votes; that I have not
made or become directly or indirectly interested in any bet or wager
depending upon the result of this special town election; and that I have
not been convicted of bribery or any infamous crime, or, if so
convicted, that I have been pardoned or restored to all the rights of a
citizen, without restriction as to the right of suffrage, or received a
certificate of relief from disabilities or a certificate of good conduct
pursuant to article twenty-three of the correction law removing my
disability to register and vote.
I hereby declare that the foregoing is a true statement to the best of
my knowledge and belief, and I understand that if I make any material
false statement in the foregoing statement of absentee voter, I shall be
guilty of a misdemeanor.
Date.............. Signature of Voter..................
c. The envelope shall be gummed, ready for sealing, and shall have
printed thereon, on the side opposite the statement, instructions as to
the duties of the voter after the marking of the ballot, which
instructions shall include a specific direction stating that the
envelope must reach the office of the town clerk not later than five
P.M. on the day of the election in order that his vote may be canvassed.
d. A person who shall make any material false statement in the
statement of absentee voter appearing on the reverse side of the
envelope as provided in this subdivision, shall be guilty of a
misdemeanor.
6. a. The town clerk shall make a list of all persons to whom absentee
voter's ballots shall have been issued and keep such list on file in his
office where it shall be available for public inspection during regular
office hours until the day of the election. Any qualified voter may,
upon examination of such list, file a written challenge of the
qualifications as a voter of any person whose name appears on such list,
stating the reasons for such challenge. A challenge to an absentee
ballot may not be made on the basis that the voter should have applied
for an early mail ballot. Such written challenge shall be transmitted by
the town clerk to the inspectors of election on election day.
b. Such list shall also be posted in a conspicuous place or places
during the election, and any qualified voter may challenge the
acceptance of the absentee voter's ballot of any person on such list, by
making his challenge and the reasons therefor known to the inspectors of
election before the close of the polls.
7. a. The town clerk shall be authorized to call upon the
commissioner of police and the officers and members of the police force
for such assistance in the enforcement of the provisions of this section
as he shall require, and such commissioner and officers and members of
the police force shall be authorized to render such assistance.
b. The board of inspectors may require any person to attend before it
at the office of the town clerk of the district and be examined as to
any matter in relation to which such board is charged with a duty under
this section, and may issue a subpoena therefor. Each member of such
board of inspectors district shall be authorized to administer any oath
that may be required or authorized by law in this connection.
8. No absentee voter's ballot shall be canvassed, unless it shall
have been received in the office of the town clerk not later than five
P.M. on the day of the election.
9. The town clerk shall, on the day of the election, transmit all
absentee voters' envelopes, received by him in accordance with
subdivision eight of this section, to the inspectors of election.
10. If, at the election, any absentee voters' envelopes shall have
been received at the polling place, the inspectors of election
immediately after the closing of the polls shall examine them, and shall
compare the signature, if any, on each envelope with the signature, if
any, on the register, of the person of the same name who registered from
the same address. If the signatures are found to correspond, the
inspectors shall certify thereto by signing their initials opposite the
name of the voter at the appropriate place in the register. If a person
whose name is on an envelope as a voter, shall have already voted in
person at such special town election, or if his name, residence and
signature, as stated on the envelope, are not on the register, or if
there is no signature on the envelope, this envelope shall be laid aside
unopened and be returned unopened to the town clerk. If such person is
found to be registered and has not so voted in person, and if no
objection is made, or if an objection made be not sustained, the
envelope shall be opened and the ballot withdrawn without unfolding and
deposited in the proper box or boxes. At the time of the deposit of such
ballot, the inspectors shall enter the words "absentee vote" at an
appropriate place in the register.
11. During such examination any qualified voter present in the
polling place may object to the voting of the ballot contained in any
envelope upon the ground or grounds (a) that the person named thereon is
not a qualified voter of the town, or (b) that he was within the county
while the polls of the election were open, except where the applicant is
a patient in a hospital located within the county or city or detained or
confined in a jail located within the county and except where the ballot
was obtained upon the ground of inability to appear personally at the
polling place on the day of the special town election because of illness
or physical disability, or (c) that he was able to appear personally
while the polls were open, in cases where the ballot was obtained upon
the ground that the voter was a patient in a hospital located within the
county or detained or confined in a jail located within the county or
upon the ground of inability to appear personally at the polling place
on the day of the election because of illness or physical disability, or
(d) that he was not entitled to cast such ballot. An inspector shall
make such an objection if he shall know or suspect that the person named
on such envelope is not such a qualified voter or was so within the
county or was able so to appear personally, or was not entitled to cast
such ballot. The election inspectors shall forthwith proceed to
determine each objection including any written challenge transmitted to
them by the town clerk as provided in subdivision six of this section.
Unless the inspectors, by majority vote, shall sustain the objection,
the chairman, or if he refuses, another inspector shall endorse upon the
envelope the objection and the words "not sustained," shall sign such
endorsement, and shall open the envelope and deposit the ballot as
provided in this section. Should the inspectors, by majority vote,
sustain such objection, the objection and word "sustained" shall be
similarly endorsed upon the envelope, the envelope shall not be opened
nor the ballots therein canvassed, and such envelope shall be returned
unopened to the town clerk. If the inspectors of election shall have
received an envelope endorsed with the name of a person who to the
knowledge of the inspectors is deceased on the day of the election, the
inspectors shall return such envelope unopened to the town clerk with
the words "deceased--objection sustained" endorsed on the envelope.
12. If the inspectors of election shall have received an envelope, and
upon opening the same no ballot shall be found therein, the inspectors
shall make a memorandum showing that the ballot is missing. When the
casting of absentee voters' ballots shall have been completed, the
inspectors shall ascertain the number of such ballots which have been
deposited in the ballot box by deducting from the number of envelopes
opened the number of missing ballots, and shall make a separate return
thereof in duplicate. The number of absentee voters' ballots deposited
in the ballot box shall be added to the number of other ballots
deposited in the ballot box in order to determine the number of all
ballots to be accounted for in the ballot box. Such ballots shall then
be counted or canvassed by the inspectors of election along with the
other ballots cast at such district election, or, where voting machines
are used, shall be added to the votes recorded on such machines.
13. The provisions of this section shall apply to absentee ballots in
special town elections, notwithstanding any other provision of law. The
provisions of any other law as they relate to special town elections not
inconsistent herewith shall apply to the conduct of such elections.
Early mail ballots for special town elections; special
provisions. 1. Early mail ballots shall be provided for all special town
elections for which personal registration is required.
2. a. An applicant for such an early mail ballot shall submit an
application setting forth (1) their name and residence address,
including the street and number, if any, or town and rural delivery
route, if any; (2) that they are or will be, on the day of the election,
a qualified voter of the town in which they reside; and (3) that they
are registered in the town. Such application must be received by the
town clerk at least seven days before the election if the ballot is to
be mailed to the voter, or the day before the election, if the ballot is
to be delivered personally to the voter or their agent.
b. Such application shall include the following statement to be signed
by the voter:
I hereby declare that the foregoing is a true statement to the best of
my knowledge and belief, and I understand that if I make any material
false statement in the foregoing statement of application for early mail
ballots, I shall be guilty of a misdemeanor.
Date ............... Signature of Voter ................................
3. If, upon examining the application required under the provisions of
subdivision two of this section, and upon such inquiry as it deems
proper, the board of inspectors shall be satisfied that the applicant is
a qualified voter of the town, and entitled to vote by early mail
ballot, such board of inspectors shall place their name upon a list,
thereupon the applicant shall be issued or mailed an early mail ballot
and the town clerk shall make an appropriate entry on the list
indicating that an early mail ballot has been applied for by, and issued
to, the applicant.
4. Ballots for early mail voters shall be, as nearly as practicable,
in the same form as those to be voted at the town election. On the back
of such early mail ballots shall be printed the words "Official Ballot,
Early Mail Voter".
5. a. The board of registration shall enclose each early mail voter's
ballot in an envelope which shall be labelled:
ELECTION MATERIAL
PLEASE EXPEDITE
On one side of such envelope shall be printed:
OFFICIAL BALLOT, EARLY MAIL VOTER
for
Special Town Election
Name of Voter ................
Residence (street and number, if any) .......
Town of ....................
County of ...................
The date of the election and name of the town shall be printed, and
the name of the voter, residence and district shall be written in by the
town clerk.
b. On the reverse side of such envelope shall be printed the following
statement:
STATEMENT OF EARLY MAIL VOTER
I do declare that I will have been a citizen of the United States for
thirty days, and will be at least eighteen years of age, on the date of
the special town election; that I will have been a resident of this
state and of the town shown on the reverse side of this envelope for
thirty days next preceding the said election; that I am or on such date
will be, a registered voter of said town; that I have not qualified, or
do I intend to vote, elsewhere than as set forth on the reverse side of
this envelope; that I have not received or offered, do not expect to
receive, have not paid, offered or promised to pay, contributed, offered
or promised to contribute to another to be paid or used, any money or
other valuable thing, as a compensation or reward for the giving or
withholding of a vote at this special town election, and have not made
any promise to influence the giving or withholding of any such votes;
that I have not made or become directly or indirectly interested in any
bet or wager depending upon the result of this special town election;
and that I have not been convicted of bribery or any infamous crime, or,
if so convicted, that I have been pardoned or restored to all the rights
of a citizen, without restriction as to the right of suffrage, or
received a certificate of relief from disabilities or a certificate of
good conduct pursuant to article twenty-three of the correction law
removing my disability to register and vote.
I hereby declare that the foregoing is a true statement to the best of
my knowledge and belief, and I understand that if I make any material
false statement in the foregoing statement of early mail voter, I shall
be guilty of a misdemeanor.
Date.... Signature of Voter....
c. The envelope shall be gummed, ready for sealing, and shall have
printed thereon, on the side opposite the statement, instructions as to
the duties of the voter after the marking of the ballot, which
instructions shall include a specific direction stating that the
envelope must reach the office of the town clerk not later than five
P.M. on the day of the election in order that their vote may be
canvassed.
d. A person who shall make any material false statement in the
statement of early mail voter appearing on the reverse side of the
envelope as provided in this subdivision, shall be guilty of a
misdemeanor.
6. a. The town clerk shall make a list of all persons to whom early
mail voter's ballots shall have been issued and keep such list on file
in their office where it shall be available for public inspection during
regular office hours until the day of the election. Any qualified voter
may, upon examination of such list, file a written challenge of the
qualifications as a voter of any person whose name appears on such list,
stating the reasons for such challenge. A challenge to an early mail
ballot may not be made on the basis that the voter should have applied
for an absentee ballot. Such written challenge shall be transmitted by
the town clerk to the inspectors of election on election day.
b. Such list shall also be posted in a conspicuous place or places
during the election, and any qualified voter may challenge the
acceptance of the early mail voter's ballot of any person on such list,
by making their challenge and the reasons therefor known to the
inspectors of election before the close of the polls.
7. a. The town clerk shall be authorized to call upon the commissioner
of police and the officers and members of the police force for such
assistance in the enforcement of the provisions of this section as he
shall require, and such commissioner and officers and members of the
police force shall be authorized to render such assistance.
b. The board of inspectors may require any person to attend before it
at the office of the town clerk of the district and be examined as to
any matter in relation to which such board is charged with a duty under
this section, and may issue a subpoena therefor. Each member of such
board of inspectors district shall be authorized to administer any oath
that may be required or authorized by law in this connection.
8. No early mail voter's ballot shall be canvassed, unless it shall
have been received in the office of the town clerk not later than five
P.M. on the day of the election.
9. The town clerk shall, on the day of the election, transmit all
early mail voters' envelopes, received by him in accordance with
subdivision eight of this section, to the inspectors of election.
10. If, at the election, any early mail voters' envelopes shall have
been received at the polling place, the inspectors of election
immediately after the closing of the polls shall examine them, and shall
compare the signature, if any, on each envelope with the signature, if
any, on the register, of the person of the same name who registered from
the same address. If the signatures are found to correspond, the
inspectors shall certify thereto by signing their initials opposite the
name of the voter at the appropriate place in the register. If a person
whose name is on an envelope as a voter, shall have already voted in
person at such special town election, or if their name, residence and
signature, as stated on the envelope, are not on the register, or if
there is no signature on the envelope, this envelope shall be laid aside
unopened and be returned unopened to the town clerk. If such person is
found to be registered and has not so voted in person, and if no
objection is made, or if an objection made be not sustained, the
envelope shall be opened and the ballot withdrawn without unfolding and
deposited in the proper box or boxes. At the time of the deposit of such
ballot, the inspectors shall enter the words "early mail vote" at an
appropriate place in the register.
11. During such examination any qualified voter present in the polling
place may object to the voting of the ballot contained in any envelope
upon the ground or grounds that the person named thereon is not a
qualified voter of the town. An inspector shall make such an objection
if he shall know or suspect that the person named on such envelope is
not such a qualified voter. The election inspectors shall forthwith
proceed to determine each objection including any written challenge
transmitted to them by the town clerk as provided in subdivision six of
this section. Unless the inspectors, by majority vote, shall sustain the
objection, the chairman, or if he refuses, another inspector shall
endorse upon the envelope the objection and the words "not sustained,"
shall sign such endorsement, and shall open the envelope and deposit the
ballot as provided in this section. Should the inspectors, by majority
vote, sustain such objection, the objection and word "sustained" shall
be similarly endorsed upon the envelope, the envelope shall not be
opened nor the ballots therein canvassed, and such envelope shall be
returned unopened to the town clerk. If the inspectors of election shall
have received an envelope endorsed with the name of a person who to the
knowledge of the inspectors is deceased on the day of the election, the
inspectors shall return such envelope unopened to the town clerk with
the words "deceased--objection sustained" endorsed on the envelope.
12. If the inspectors of election shall have received an envelope, and
upon opening the same no ballot shall be found therein, the inspectors
shall make a memorandum showing that the ballot is missing. When the
casting of early mail voters' ballots shall have been completed, the
inspectors shall ascertain the number of such ballots which have been
deposited in the ballot box by deducting from the number of envelopes
opened the number of missing ballots, and shall make a separate return
thereof in duplicate. The number of early mail voters' ballots deposited
in the ballot box shall be added to the number of other ballots
deposited in the ballot box in order to determine the number of all
ballots to be accounted for in the ballot box. Such ballots shall then
be counted or canvassed by the inspectors of election along with the
other ballots cast at such district election, or, where voting machines
are used, shall be added to the votes recorded on such machines.
13. The provisions of this section shall apply to early mail ballots
in special town elections, notwithstanding any other provision of law.
The provisions of any other law as they relate to special town elections
not inconsistent herewith shall apply to the conduct of such elections.
Ward system for election of council members. 1. Whenever a
proposition shall have been adopted in a town of the first class for the
establishment of the ward system and the election thereafter of one
council member from each ward, the board of elections of the county in
which such town is situate shall divide the town into four wards and fix
the boundaries thereof, unless a proposition shall have been adopted to
increase the number of council members from four to six, in which
instance, the board of elections shall divide the town into six wards
and fix the boundaries thereof. In so dividing the town into wards, no
town election district shall be divided and no election district
thereafter created under the election law shall contain parts of two or
more wards. So far as possible the division shall be so made that the
number of voters in each ward shall be approximately equal. When the
board of elections shall have finally determined the boundaries of the
wards, they shall cause a map of the town to be prepared showing in
detail the location of each ward and the boundaries thereof. The
original map so made shall be filed in the office of the town clerk and
copies thereof shall be filed in the offices of the county clerk and the
board of elections of the county. The ward system shall be deemed
established after such filing is complete. After a ward system shall
have been so established, the term of office of every town council
member shall terminate on the thirty-first day of December next
succeeding the first biennial town election held not less than one
hundred twenty days after the establishment of such ward system, and at
such biennial town election, and every biennial town election
thereafter, one resident elector of each ward shall be elected as
council member therefrom for a term of two years beginning on the first
day of January next succeeding such election.
2. The ward system may be abolished upon the adoption of a proposition
therefor at any special or biennial town election. At the first biennial
town election held at least one hundred twenty days after the adoption
of a proposition to abolish the ward system for election of council
members, the electors of the town shall elect one-half of the total
number of town council members for the term of two years each and
one-half of the total number of town council members for the term of
four years each. At each biennial town election held thereafter there
shall be elected one-half of the total number of town council members
for the term of four years each. The terms of all such council members
shall begin on the first day of January next succeeding the date of
their election.
Town elections in the county of Broome. Biennial town elections
in the several towns of the county of Broome, for the election of town
officers and for the consideration of such questions as may be proposed
by the town board or the duly qualified electors, pursuant to the
provisions of this chapter, shall be held on the Tuesday next succeeding
the first Monday in November of every even-numbered year. All other
town elections in towns of such county are special elections. All
elective town officers of the several towns in the county in office at
the time this section takes effect, shall continue in office for the
terms for which elected and until their successors have been elected and
have qualified. The town officers to be elected at any such election
shall be those and only those elective town officers of a town of the
second class, unless such town shall have determined to become a town of
the first class, pursuant to the provisions of this chapter, and shall
be elected for terms prescribed by this chapter.
Increase or decrease of number of council members. 1. Whenever a
proposition shall have been adopted in a town of the first class which
shall not have established the ward system, to increase the number of
council members from four to six, party nominations for town council
members may be made and designating petitions filed and four town
council members shall be elected at the first biennial town election
held at least one hundred fifty days thereafter, three for a term of
four years each and one for a term of two years and thereafter at each
biennial town election in such town there shall be elected three town
council members for the term of four years each, in the same manner as
other elective town officers in such town. The term of office of each
such council member shall begin on the first day of January next
succeeding the election at which they were elected.
2. Whenever a proposition shall have been adopted in a town of the
first class which shall not have established the ward system, to
increase the number of council members from two to four, party
nominations for town council members may be made and designating
petitions filed and three town council members shall be elected at the
first biennial town election held at least one hundred fifty days
thereafter, two for terms of four years each and one for a term of two
years, and thereafter at each biennial town election in such town, there
shall be elected two town council members for terms of four years each,
in the same manner as other elective town officers in such town. The
term of office of each such town council member shall begin on the first
day of January next succeeding the election at which they were elected.
3. Whenever a proposition shall have been adopted in a town of the
first class to reduce the number of council members from four to two, no
town council members shall be elected at the first biennial town
election held at least one hundred fifty days after the adoption of such
proposition. Party nominations for town council members may be made and
designating petitions filed and two town council members shall be
elected at the biennial town election next succeeding the biennial town
election at which no town council members are elected, one for a term of
two years and one for a term of four years and thereafter at each
biennial town election in such town there shall be elected one town
council member for a term of four years, in the same manner as other
elective town officers in such town. The term of office of each such
council member shall begin on the first day of January next succeeding
the election at which they were elected.
Reduction of number of justices of the peace and election of
town council members. 1. Except in the town of Hector in the county of
Schuyler, and except as hereinafter provided, in any town of the second
class having more than two justices of the peace there shall be elected
at the next biennial town election occurring after this act shall take
effect and at every biennial town election held in such town thereafter,
one justice of the peace and one town council member for a term of four
years each to begin on the first day of January next succeeding the
election at which such officers were elected. During the period between
the first day of January next succeeding the biennial town election at
which the first town council member shall be so elected and the first
day of January next succeeding the biennial town election at which a
second town council member shall be elected, the supervisor, the
justices of the peace and the town council member of such town shall
constitute the town board thereof. On and after the first day of January
next succeeding the biennial town election at which the second town
council member shall be elected, the supervisor, the two justices of the
peace and the two town council members shall constitute such town board.
Nothing herein contained shall be construed to abridge the term of a
justice of the peace heretofore elected in any town.
2. Notwithstanding the provisions of subdivision one of this section,
the town board of any town of the second class to which this section
shall apply may, by resolution, direct that at the first biennial town
election held after this act shall take effect, there shall be elected
two town council members (but no justices of the peace except to fill a
vacancy) for a term of four years each to begin on the first day of
January next succeeding the election at which such officers were
elected, instead of one justice of the peace and one town council
member; and on and after the first day of January next succeeding the
biennial town election at which such town council members shall be so
elected the supervisor, the justices of the peace and the two town
council members of such town shall constitute the town board thereof. At
each biennial election at which no town council members are elected
(except to fill a vacancy) two justices of the peace shall be elected
for a term of four years each beginning on the first day of January next
succeeding such election.
3. Notwithstanding the provisions of subdivision one of this section,
the town board of any town of the second class to which this section
shall apply may, by resolution, direct that at the first biennial town
election held after this act shall take effect, there shall be elected
two justices of the peace for a term of four years each to begin on the
first day of January next succeeding the election at which such officers
were elected, instead of one justice of the peace and one town council
member; and on and after the first day of January next succeeding the
biennial town election at which such justices of the peace shall be so
elected the supervisor and the justices of the peace shall constitute
the town board thereof. At the next biennial election thereafter, two
town council members shall be elected for a term of four years each, in
place of the two justices of the peace whose terms shall next expire,
and the town board shall thereafter consist of the supervisor, two
justices of the peace and two town council members.
4. The provisions of this section, however, shall not apply to the
town of Islip in the county of Suffolk and, in such town, four justices
of the peace shall continue to be elected in accordance with former
provisions of law and the supervisor and the four justices of the peace
shall continue to constitute the town board of such town.
ARTICLE 7 Permissive Referendum
Acts or resolutions of the town board that are subject to a
referendum on petition. Whenever this chapter shall expressly provide
that an act or resolution of the town board is subject to a permissive
referendum, such act or resolution shall be subject to a referendum on
petition as set forth in the next section, unless a proposition therefor
shall have been adopted at a town election. Within ten days after the
adoption by the town board of any resolution which is subject to a
permissive referendum as above defined, the town clerk, in the same
manner as provided for notice of a special election, shall post and
publish a notice which shall set forth the date of the adoption of the
resolution and contain an abstract of such act or resolution concisely
stating the purpose and effect thereof. The notice shall specify that
such resolution was adopted subject to a permissive referendum.
Referendum on petition. Any such resolution or act of the town
board as set forth in the preceding section shall not take effect until
thirty days after its adoption; nor until approved by the affirmative
vote of a majority of the qualified electors of such town or district
affected, voting on such proposition, if within thirty days after its
adoption there be filed with the town clerk a petition signed, and
acknowledged or proved, or authenticated by electors of the town
qualified to vote upon a proposition to raise and expend money, in
number equal to at least five per centum of the total vote cast for
governor in said town at the last general election held for the election
of state officers, but which shall not be less than one hundred in a
town of the first class nor less than twenty-five in a town of the
second class, protesting against such act or resolution and requesting
that it be submitted to the qualified electors of the town or district
affected, for their approval or disapproval. If such petition be so
filed not more than one hundred five days nor less than ninety days
prior to a biennial town election, a proposition for the approval of
such act or resolution shall be submitted at such biennial town
election. If a petition be so filed at any other time, a proposition for
the approval of such act or resolution shall be submitted at a special
town election to be held not less than ninety nor more than one hundred
five days after the filing of such petition. The petition may be made
upon separate sheets and the signatures to each sheet shall be
authenticated in the manner provided by the election law for the
authentication of nominating petitions. The several sheets so signed and
authenticated when fastened together and offered for filing shall be
deemed to constitute one petition. If, within five days after the filing
of such petition, a written objection thereto be filed with the town
clerk, and a verified petition setting forth the objections be presented
by the person so filing such objections to the supreme court or any
justice thereof of the judicial district in which such town is located,
such court or justice within twenty days shall determine any question
arising thereunder and make such order as justice may require. Such
proceeding shall be heard and determined in the manner prescribed by
section 16-116 of the election law.
Propositions for the submission of acts or resolutions. A
proposition for the submission of any such act or resolution of the town
board to the approval of the qualified electors pursuant to this
chapter, shall contain an abstract of such act or resolution concisely
stating the purpose and effect thereof. The town clerk shall prepare
such abstract with the advice of the town attorney, if there be one, and
forthwith transmit the proposition to the town board in the form in
which it is to be submitted at such annual or special election in accord
with the provisions of this chapter. If there be more than one such
proposition to be voted upon at such election, each proposition shall be
separately and consecutively numbered. Each proposition for raising,
appropriating or expending money or incurring any liability which shall
be a charge wholly against a district or a portion of the town shall be
submitted upon a separate ballot.
Repeal of acts or resolutions of town board. Any act or
resolution of a town board may be rescinded or repealed at any time by
the town board and, in case the resolution so repealed be one subject to
a permissive referendum and a petition thereupon be filed, no further
proceedings shall be had thereunder and no referendum shall be held.
Referendum on acts or resolutions of the town board without
petition. The town board, upon its own motion, may cause to be submitted
for the approval of the electors any act or resolution of such board
against which a petition could be filed as provided in this chapter and
the proceedings thereon shall be the same as if such petition had been
filed in accord with the provisions of this chapter.
ARTICLE 8 Finances
Application. This article shall apply to all towns.
Fiscal year. The fiscal year of all towns shall begin on the
first day of January and end on the thirty-first day of December in each
year.
Budget system. The provisions of section one hundred two to
section one hundred fifteen, inclusive, shall be known as the budget
system.
Definitions. For the purpose of this article, the following
terms shall be defined as follows:
1. "Administrative unit" shall mean an office, department, division,
bureau, board, commission, district, or other agency of town government,
but shall exclude a fire district.
2. "Budget officer" shall mean the supervisor or, in towns which have
more than one supervisor, the presiding supervisor; provided that the
supervisor or presiding supervisor may appoint, to serve at his
pleasure, any person including a town officer or employee, other than a
member of the town board, to be budget officer. When a person other than
the supervisor has been appointed as budget officer, the supervisor, in
the event of a vacancy in the office of budget officer shall serve as
budget officer unless and until another person shall be appointed as
provided in this subdivision.
3. "Capital project" shall mean: (a) any physical public betterment or
improvement or studies, surveys and plans relative thereto, or (b) land
or rights in land, or (c) any furnishings, machinery, apparatus or
equipment for any physical public betterment or improvement when such
betterment or improvement is first constructed or acquired, or (d) any
combination of items (a), (b) and (c).
4. "Unappropriated unreserved fund balance" shall mean the difference
between the total assets for a fund and the total liabilities, deferred
revenues, encumbered appropriations, amounts appropriated for the
ensuing fiscal year's budget, and amounts reserved for stated purposes
pursuant to law, including reserve funds established pursuant to the
general municipal law for the fund, as determined through application of
the system of accounts prescribed by the state comptroller pursuant to
section thirty-six of the general municipal law.
Submission of estimates. 1. The head of each administrative
unit, except as otherwise provided in section two hundred two-a of this
chapter, shall submit on or before the twentieth day of September to the
budget officer an estimate of revenues and expenditures of such
administrative unit for the ensuing year. In towns in Westchester and
Monroe counties such estimates shall be submitted on or before the
twentieth day of October. Estimates shall be submitted in such form and
shall contain such information as the budget officer shall prescribe.
2. If the head of an administrative unit shall fail to submit an
estimate by the designated date, the budget officer shall forthwith
prepare the estimate for such administrative unit.
Fire district estimates and budget. 1. The board of
commissioners of each fire district shall submit the fire district
budget on or before the seventh day of November to the budget officer.
The fire district budget shall be in the form prescribed by and pursuant
to subdivision one of section one hundred seven of this article, and
shall be adopted in the manner prescribed in section one hundred
eighty-one of this chapter.
2. The budget officer shall affix the fire district budget to the
annual town budget, established pursuant to section one hundred nine of
this article, as a part thereof. No change shall be made by the budget
officer or the town board in the budget submitted by a fire district.
Preparation, filing and review of tentative and preliminary
budgets. 1. The budget officer, upon receipt of the estimates of the
various administrative units, shall review the estimates and may confer
with the head of any such unit in regard to such estimates. He may
require the head of any such unit to furnish information and to answer
inquiries pertinent to such review.
2. Upon the completion of the review of the estimates, the budget
officer shall prepare a tentative budget which shall include his
recommendations and which shall be in the form prescribed in and in
conformance with section one hundred seven of this article. He may also
prepare a budget message explaining the main features of the tentative
budget and containing such additional information as he may deem
advisable. On or before the thirtieth day of September, or in towns in
Westchester and Monroe counties on or before the thirtieth day of
October, he shall file in the office of the town clerk the tentative
budget, the budget message, if any, and the estimates and schedules.
3. The town clerk shall present the tentative budget to the town board
at a regular or special meeting to be held on or before the fifth day of
October. In towns in Westchester and Monroe counties the town clerk
shall present the tentative budget to the town board at a regular or
special meeting to be held on or before the tenth day of November. The
town board may call upon the head of any administrative unit and the
budget officer to discuss the tentative budget and the estimates as
originally submitted. The head of any administrative unit may request in
writing that he be permitted to explain his estimates to the town board.
The town board shall review the tentative budget and may make such
changes, alterations and revisions as it shall consider advisable and
which are consistent with law.
4. Upon the completion of such review, the tentative budget and any
modifications thereof as approved by the town board, shall become the
preliminary budget. The preliminary budget shall be filed in the office
of the town clerk and the town clerk shall reproduce for public
distribution as many copies as the town board may direct.
Contents of preliminary budget. 1. The preliminary budget
shall be in the format prescribed by the state comptroller. The
preliminary budget shall show by funds (a) proposed appropriations and
estimated revenues in accordance with the classification of accounts
prescribed by the state comptroller pursuant to article three of the
general municipal law, (b) estimated fund balances, together with a
breakdown of such fund balance estimated for encumbrances, amounts
appropriated for the ensuing fiscal year's budget, amounts reserved for
stated purposes pursuant to law, including reserve funds established
pursuant to the general municipal law, and the remaining estimated
unappropriated unreserved fund balance for each fund, provided that the
remaining estimated unappropriated unreserved fund balance for each fund
shall not exceed a reasonable amount, consistent with prudent budgeting
practices, necessary to ensure the orderly operation of town government,
taking into account factors including, but not limited to, the size of
the fund, cash flows, the certainty with which the amounts of revenues
and expenditures can be estimated, and the town's experience in prior
fiscal years, (c) the amount of taxes to be levied, (d) salaries of
elected officers, and (e) such other information pertinent to the above
as shall be prescribed by the state comptroller.
2. Such budget may contain for general contingent purposes, an amount
not to exceed ten per centum of the total amount estimated as necessary
to provide for the operation of town government exclusive of the amount
necessary to pay debt service and judgments, estimates for special
district purposes, estimates for the repair and improvement of highways
and estimates for purposes for which real property taxes are required to
be levied on an area less than the entire town. A sum also be included
for special contingent purposes, which amount shall not exceed ten per
centum of the total amount estimated as necessary to provide for the
operation of town government and for which real property taxes are
required to be levied on the area of the town outside villages,
exclusive of the amount required to pay debt service, judgments and
estimates for special district purposes and for the repair and
improvement of highways.
3. Amounts to be raised by tax for highway purposes shall be within
the limitations of section two hundred seventy-one of the highway law.
4. The preliminary budget shall include any other data which the town
board may, by resolution, require.
Public hearing. The town board shall hold a public hearing on
the preliminary budget showing such changes, alterations and revisions
as shall have been made therein by such board pursuant to subdivision
three of section one hundred six of this chapter. Such hearing shall be
held on or before the Thursday immediately following the general
election, except that in towns in Westchester and Monroe counties such
hearing shall be held on or before the tenth day of December. Notice of
such public hearing shall be published at least once in the official
newspaper, or if no official newspaper has been designated, in any
newspaper having general circulation in the town. The notice may be
published in such other newspapers and for such other additional times
as the town board, by resolution, shall direct. At least five days shall
elapse between the date of the first publication of the notice and the
date specified for the hearing. The notice of hearing shall state the
time when and the place where the public hearing will be held, the
purpose thereof and that a copy of the preliminary budget is available
at the office of the town clerk where it may be inspected by any
interested person during office hours. Such notice shall also specify
the proposed salaries of each member of the town board, an elected town
clerk and an elected town superintendent of highways. The town clerk
shall cause a copy of the notice to be posted on the signboard of the
town, maintained pursuant to subdivision six of section thirty of this
chapter, not later than five days before the day designated for such
hearing. The hearing may be adjourned from day to day but not beyond the
fifteenth day of November, except that in towns in Westchester and
Monroe counties the hearing may be so adjourned up to and including the
fifteenth day of December. At such hearing, any person may be heard in
favor of or against the preliminary budget as compiled or for or against
any item or items therein contained.
Final revision and adoption of budget. 1. After the public
hearing, the town board may further change, alter and revise the
preliminary budget, subject, however, to the requirements of subdivision
one of section one hundred seven of this chapter.
2. The preliminary budget as submitted or amended shall be finally
adopted by resolution of the town board not later than the twentieth day
of November, except that in towns in Westchester and Monroe counties not
later than the twentieth day of December. The preliminary budget as
adopted shall be known as the annual budget for the town for the fiscal
year beginning on the first day of January next succeeding, and it shall
be entered in the minutes of the town board.
3. Upon the adoption of the resolution required by this section the
amounts proposed to be appropriated shall thereupon be appropriated. In
the event that the town board shall fail to adopt a budget as of the
twentieth day of November, or in towns in Westchester and Monroe
counties as of the twentieth day of December, the preliminary budget,
with such changes, alterations and revisions, if any, as shall have been
made by the town board, shall constitute the budget for the ensuing
fiscal year.
Encumbering appropriations. The head of each administrative
unit shall file a list of unpaid obligations with the supervisor at the
close of the fiscal year. The supervisor shall encumber the applicable
appropriation account balances to the extent of such unpaid obligations.
The town board may provide for the encumbering of appropriation accounts
at more frequent intervals.
Lapse of appropriations. Each appropriation to the extent that
it shall not have been expended or obligated, shall lapse at the close
of the fiscal year for which made, except that an appropriation for a
capital project shall continue in force until the purposes for which it
was made shall have been accomplished or abandoned.
Supplemental appropriations; unappropriated unreserved fund
balances. 1. The town board, during a fiscal year, by resolution, may
make additional appropriations or increase existing appropriations and
shall provide for the financing thereof. Moneys therefor may be provided
from the unexpended balance of an appropriation, from the appropriation
for contingencies, from unappropriated unreserved fund balance or
unanticipated revenues within a fund or by borrowing pursuant to the
local finance law. For the purposes of this subdivision, unappropriated
unreserved fund balance or unanticipated revenues shall be utilized only
to the extent that the total of all revenues of such fund recognized or
reasonably expected to be recognized in the current fiscal year,
together with unappropriated unreserved fund balance, exceeds the total
of all revenues and appropriated fund balance as estimated in the
budget.
2. If at any time during a fiscal year a town receives moneys from any
source, except from loans, which are not otherwise committed or
appropriated, the town board may direct the supervisor to pay the same
or any part thereof to the treasurer of the county to be applied in
reduction of the amount to be levied for state and county purposes, and
the supervisor shall pay such moneys to the county treasurer prior to
the levy.
3. Notwithstanding the provisions of subdivision one of this section,
grants in aid from the state and federal governments, gifts which are
required to be expended for particular objects or purposes, and
insurance proceeds for the loss, theft, damage or destruction of real or
personal property, when proposed to be used or applied to repair or
replace such property, may be appropriated by resolution of the town
board at any time for such objects and purposes.
Transfers from general purpose funds to other funds.
Notwithstanding any other provision of law, the town board may, by
resolution, authorize the transfer of surplus moneys, contingent
appropriations, and unexpended balances
(1) from the fund maintained for general town purposes and comprised
of moneys which, if raised by taxes, would be raised by taxes levied on
property in the entire area of the town, to any of the funds or accounts
authorized by section one hundred forty-one of the highway law and
comprised of moneys which, if raised by taxes, would be raised by taxes
levied on property in the entire area of the town; and,
(2) from the fund maintained for general town purposes and comprised
of moneys which, if raised by taxes, would be raised by taxes levied
solely on property in the area of the town outside of villages, to any
of the funds or accounts authorized by section one hundred forty-one of
the highway law which are comprised of moneys which, if raised by taxes,
would be raised by taxes levied solely on property in such area.
Interest charges against districts. The town board may include
in the annual budget a charge against any district for the amount of any
interest paid or to be paid upon moneys borrowed for district purposes
in anticipation of the receipt of taxes, assessments and revenues of any
such district.
Tax levy. The town clerk shall prepare and certify in duplicate
a copy of the annual budget as adopted by the town board, together with
the estimates, if any, adopted pursuant to section two hundred two-a of
this chapter. The town clerk shall then affix to each such copy of the
annual budget adopted by the town board, as part thereof, a copy of the
annual budget of each fire district located in whole or in part within
the town as certified by the secretary of the fire district. Within five
days thereof the town clerk shall deliver two copies of such budget to
the supervisor of the town. The supervisor shall present the copies of
the annual budget to the board of supervisors of the county in which
such town is situated within ten days after his receipt thereof from the
clerk as hereinabove provided. The board of supervisors shall levy and
cause to be raised the amounts specified in said annual budget to be
levied by tax or assessments, and such amounts shall be levied, assessed
and raised by tax and assessments upon the real property of the town
liable therefor, at the time and in the manner provided by law for the
levy of state and county taxes. The clerk of the board of supervisors
shall cause such annual budget to be printed in the journal or
proceedings of the board of supervisors except that the board of
supervisors of any county by majority vote may authorize the clerk to
cause a summary, recapitulation or abstract of such budget to be so
printed.
Town charges. Except as herein otherwise provided, towns may
incur obligations for any purpose necessary to give effect to the powers
herein granted, including but not limited to the following:
1. The compensation of town officers and employees, and all expenses
necessarily incurred for the use and benefit of the town, and when
incurred by authority of the town board, all expenses necessarily
incurred and paid by any town officer or employee in executing the
duties of his office or position, including actual and necessary
expenses for travel, office rent, janitor service, light, heat,
telephone, postage, furniture, books, stationery and supplies, and, in
the county of Franklin, for maintenance while attending meetings of the
town board. The town board of any town, in lieu of auditing and allowing
the claim of a town officer or employee for actual and necessary
expenses for travel, may determine by resolution to allow and pay such
officer or employee a reasonable mileage allowance for the use of his
own automobile for each mile actually and necessarily traveled by him in
the performance of the duties of his office or position, in attending a
course of training for his respective office or position provided by the
town and county officers training school of the state of New York, or in
attending a convention, conference or school pursuant to section
seventy-seven-b of the general municipal law.
2. All damages recovered against a town officer for any act done
pursuant to a resolution, or proposition, duly adopted by the town board
or at a town election duly held; and all damages against any such
officer for any act done in good faith, in his official capacity,
without any such direction or resolution, may be made a town charge, by
a vote of the town, at a town election duly held, or by a resolution of
the town board, but any such subsequent resolution of the town board
shall be subject to a permissive referendum.
3. The moneys authorized to be raised by the vote of a town election
for any town purpose, or by resolution of the town board, which has
become effective by the failure to file a petition for a referendum, or,
which has been approved by a referendum.
4. The actual expenses necessarily incurred by the supervisor of a
town in the forest preserve, when authorized by resolution of the town
board, in connection with the distribution of fish and game birds, not
exceeding one hundred dollars in any one year.
5-a. The expense incurred by a town officer, with the approval of the
town board, for insurance indemnifying against any loss through theft,
robbery or burglary of public moneys in his custody.
6. The cost and expense necessarily incurred by the town board in the
employment of a veterinarian to examine animals in the town to ascertain
whether they are infected with an infectious or communicable disease.
The town board may employ such veterinarian and provide for filing the
result of examinations made by him with the commissioner of agriculture
and markets.
7. The reasonable fees of a physician for examining a person arrested
in the town and charged with being intoxicated while operating a motor
vehicle.
8. The engaging of a certified public accountant or a public
accountant to audit the accounts and fiscal affairs of the town.
9. The fees of officers other than magistrates in criminal
proceedings, or in criminal actions tried before a magistrate of the
town where the offense is alleged to have been committed. The fees
allowable to towns and villages for the services of a magistrate and the
fees allowable to an officer in issuing or serving process for an
offense committed in a town other than that in which such magistrate
resides, and of which a court of special sessions has jurisdiction to
try, or which a magistrate has jurisdiction to hear and determine and
the fees allowable to towns and villages for the services of a
magistrate in the trial or examination of a person brought before him by
reason of the absence or inability to act of the magistrate before whom
he is directed by the warrant to be brought, charged with such an
offense committed in a town other than that in which the magistrate
before whom such person is brought resides, shall, in either case, be a
charge against the town in which such offense was committed. Except as
provided in this section no fees shall be allowed to an officer, for
services in a criminal action or proceeding, before a magistrate of one
town for or on account of an offense charged to have been committed in
another town, and which a court of special sessions has jurisdiction to
try, or which a magistrate has jurisdiction to hear and determine. The
fees and mileage of a police officer or peace officer in connection with
any criminal action or proceeding of which a court of special sessions
has jurisdiction to try, or which a magistrate has jurisdiction to hear
and determine, may be fixed by the town board of the town to which the
same are chargeable, not exceeding the amount now allowed by law; and
when so fixed, shall supersede as to such town any other provision of
law fixing fees or mileage in such case. The fees allowable to towns for
the services of magistrates and the fees allowable to other officers for
services in criminal proceedings, for or on account of an offense which
a court of special sessions has not jurisdiction to try, shall be a
county charge, if the magistrate had jurisdiction of the proceedings in
which the services were rendered. A county shall pay any amount due to a
town for the services of a justice of the peace which are a county
charge upon the presentation to it of a claim by the state comptroller
for such charges each quarter.
10. Such sums as the town board may determine to annually expend and
raise by taxation in such town to meet the actual and necessary expenses
of maintaining and continuing the association of towns of the state of
New York, the New York state town clerks association, Inc., the county
legislators and supervisors association of New York State and any of
their activities in this state for the purpose of devising practical
ways and means for obtaining greater economy and efficiency in the
government thereof.
11. The fees and charges of a police justice or other officer
authorized by law to be paid for services rendered and expenses incurred
on account of offenses committed in a village and triable before the
police justice, shall not be a town charge or be audited or paid by the
town board of the town.
12. Except as otherwise provided in section one hundred seventy-one-d
of the tax law, the actual and necessary expenses incurred by a town
officer or a person duly elected as a town officer, in attending a
course of training for his respective office provided by the town and
county officers training school of the state of New York for the purpose
of improving the administration of municipal affairs in the towns and
counties of the state, or by a justice of the peace in attending a
training school for justices provided by the education department or
given in his own county, by the county magistrate's association, shall
be a charge against the town of which he is an officer or officer-elect.
No such person, however, shall be allowed such expenses for attending a
regional school unless his town shall be included within the area of
such region as established by the education department or the board of
trustees of the town and county officers training school of the state of
New York.
13. The actual expense incurred in the publication and distribution of
a report relative to the fiscal affairs, official acts, programs and
meetings of boards, commissions, departments and other agencies, of a
town.
14. Notwithstanding the provisions of this chapter or any general or
special law, when incurred pursuant to resolution of the town board the
cost and expense of acquiring, purchasing, leasing or rental of any
labor-saving device, machine or equipment to assist a town officer in
the performance of the duties of his office.
Certain contracts and expenditures prohibited. Except as
authorized by law, no officer, board, department or commission shall
during any fiscal year expend or contract to be expended any money or
incur any liability or enter into any contract which by its terms
involves the expenditure of money for any purpose, unless provision
therefor shall have been made in the annual budget, and in no case in
excess of the amount appropriated for such year, except pursuant to
section one hundred twelve of this chapter and further excepting such
leases and contracts as may have been entered into by the town for a
term exceeding one year in accordance with the provisions of this
chapter or any other law applicable to such town. Nothing in this
section shall be construed to prevent the allowance of any claim by the
town board for any lawful town purpose in excess of the amount
appropriated for such year for such purposes, where the said town board
has by resolution transferred sufficient funds to said budgetary fund in
accordance with section one hundred twelve of this chapter, and nothing
in this act shall be construed to prevent the town supervisor or the
town comptroller from paying amounts in excess of the amounts
appropriated for such year in the annual budget where such transfer has
been made, nor shall anything in this act be construed to require a town
which has entered into a lease or contract for a term exceeding one year
to pay during the current year any amounts larger than those which
become due and owing during that year under the terms of such lease or
contract. Any contract, verbal or written, made in violation of this
section, shall be null and void as to the town and no money belonging to
the town shall be paid thereon. Nothing herein contained shall be
construed to prohibit the town board from making contracts for periods
exceeding one year for the purposes of improvement districts whenever
authorized by law.
Form of claims. 1. Except as otherwise provided by this
section, no claim against a town, except for a fixed salary, for
compensation for services of officers or employees regularly engaged by
the town at agreed wages by the hour, day, week, month or year, for the
principal of or interest on indebtedness, or amounts becoming due upon
lawful contracts for periods exceeding one year, shall be paid unless an
itemized voucher therefor, in such form as the town board or the town
comptroller shall prescribe, shall have been presented to the town board
or town comptroller and shall have been audited and allowed. Such
voucher shall be accompanied by a statement by the officer whose action
gave rise or origin to the claim that he approves the claim and that the
service was actually rendered or supplies or equipment actually
delivered. The town board may determine, by resolution, that vouchers
shall be certified or verified.
2. The town board may by resolution authorize the payment in advance
of audit of claims for public utility services, postage, freight and
express charges. All such claims shall be presented at the next regular
meeting for audit, and the claimant and the officer incurring or
approving the same shall be jointly and severally liable for any amount
disallowed by the town board.
As used in this subdivision the term public utility services shall
mean electric, gas, water, sewer, fuel oil and telephone services.
Audit of claims and issuance of warrants. 1. In a town in which
there is no town comptroller, the town clerk shall cause each claim
presented to the town board for audit to be numbered consecutively,
beginning with the number one in each year and to be stamped or
otherwise marked with the date of presentation. The claims shall be
available for public inspection at all times during office hours. The
town board shall not be required to audit any claim until thirty days
after presentation to the town clerk. The town board may, in considering
a claim, require any person presenting the same to be sworn before it or
before any member thereof, relative to the justness and accuracy of such
claim, and may take evidence and examine witnesses in respect to the
claim, and for that purpose may issue subpoenas for the attendance of
witnesses, except as otherwise provided by law. When a claim has been
audited by the town board the town clerk shall file the same in
numerical order as a public record in his office and prepare an abstract
of the audited claims specifying the number of the claim, the name of
the claimant, the amount allowed and the fund and appropriation account
chargeable therewith and such other information as may be deemed
necessary and essential, directed to the supervisor of the town,
authorizing and directing him to pay to the claimant the amount allowed
upon his claim. No warrant shall be drawn against one fund or
appropriation account to pay a claim chargeable to another fund or
appropriation account.
2. In a town in which there is a town comptroller, he shall cause each
claim presented to him for audit to be numbered consecutively, beginning
with the number one in each year and to be stamped or otherwise marked
with the date of presentation. The claims shall be available for public
inspection at all times during office hours. The town comptroller shall
not be required to audit any claim until thirty days after presentation
to him. The town comptroller may, in considering a claim, require any
person presenting the same to be sworn before him, relative to the
justness and accuracy of such claim, and may take evidence and examine
witnesses in respect to the claim and for that purpose the town
comptroller may issue subpoenas for the attendance of witnesses, except
as otherwise provided by law. When a claim has been audited by the town
comptroller, he shall file the same in numerical order as a public
record in his office and prepare an abstract of the audited claims
specifying the number of the claim, the name of the claimant, the amount
allowed and the fund and appropriation account chargeable therewith and
such other information as may be deemed necessary or essential, directed
to the supervisor of the town, authorizing and directing him to pay to
the claimant the amount allowed upon his claim. No fund and no
appropriation account shall be overdrawn nor shall any warrant be drawn
against one fund or appropriation account to pay a claim chargeable to
another fund or appropriation account. It shall be the duty of the town
comptroller to keep a separate account with each appropriation for
expenditure for which funds are appropriated or raised by tax, in such
manner as the state department of audit and control may direct and
determine.
Payrolls to be certified. All payrolls, or other claims for
compensation, for personal services rendered to the town by any person
other than an elective town officer shall be certified by the town
officer or employee of the town having direct supervision of the
claimant to the effect that such services indicated on such payroll or
claim were actually performed by the person or persons mentioned
therein. The town board may, by resolution, determine that, in lieu of
certification, these payrolls and claims shall be verified by such
officer or employee to the same effect.
Payment of judgments and compromised actions, proceedings or
claims. Whenever a final judgment has been recovered against a town, or
an action, proceeding or claim has been compromised or settled in the
manner provided in section sixty-eight of this chapter, the town board
may provide by taxation the sum necessary to pay such judgment or
compromised action, proceeding or claim, or may provide such sum, in
whole or in part, pursuant to the local finance law.
Advertising for bids; letting of contracts. Every officer,
board or agency of a town shall let all contracts for public work and
all purchase contracts to the lowest responsible bidder after
advertisement for bids where so required by section one hundred three of
the general municipal law.
Purchasing of products for public use. Notwithstanding the
provisions of section one hundred three of the general municipal law,
when purchasing products the officer, board or agency of a town may,
wherever recycled products meet contract specifications and the price of
such products is reasonably competitive, purchase such products. For the
purpose of this section and until July first, nineteen hundred
ninety-six, "recycled product" shall mean any product which has been
manufactured from secondary materials, as defined in subdivision one of
section two hundred sixty-one of the economic development law, and meets
secondary material content requirements adopted by the office of general
services under subdivision one of section one hundred seventy-seven of
the state finance law for products available to the town under state
contract or, if no such contract for such product is available, any
product which meets the secondary material content requirements adopted
by the town with respect to a specific commodity procurement by the
town. On and after July first, nineteen hundred ninety-six, "recycled
product" shall mean, for the purposes of this section, any product which
is manufactured from secondary materials, as defined in subdivision one
of section two hundred sixty-one of the economic development law, and
which meets the requirements of subdivision two of section 27-0717 of
the environmental conservation law and regulations promulgated pursuant
thereto. For the purpose of this section, "reasonably competitive" shall
mean that the cost of the recycled product does not exceed a cost
premium of ten percent above the cost of a comparable product that is
not a recycled product or, if at least fifty percent of the secondary
materials utilized in the manufacture of that product are generated from
the waste stream in New York state, the cost of the recycled product
does not exceed a cost premium of fifteen percent above the cost of a
comparable product that is not a recycled product.
Whenever such officer, board or agency shall purchase or cause the
purchase of printing on recycled paper pursuant to this section, he or
she shall require the printed material to contain the official state
recycling emblem established pursuant to subdivision two of section
27-0717 of the environmental conservation law and regulations
promulgated pursuant thereto if such paper has been approved by the
department of environmental conservation as satisfying the requirements
of such statute and regulation, or, if such paper has not been so
approved, require the printed material to include a printed statement
which indicates the percentages of pre-consumer and post-consumer
recycled material content of such paper.
Annual accounting by town officers and employees. On or before
the twentieth day of January each person, who as a town officer or
employee received or disbursed any moneys in the previous fiscal year,
shall account with the town board for such moneys and shall produce all
supporting books, records, receipts, warrants, vouchers and cancelled
checks or check images as authorized by section ninety-nine-b of the
general municipal law. No member of the town board shall sit as such
when any account in which he is interested is being audited.
In addition, the town board shall examine the criminal and civil
dockets of each town justice and shall cause to be entered in the
minutes of its proceedings that such dockets have been duly examined and
that the fines and fees therein shown to have been collected have been
turned over to the proper officials as required by law.
Each town officer and employee, except a town justice, at the time of
submitting his books and records, shall file with the town board a
statement in writing showing his receipts and disbursements for the
fiscal year. Such statement shall be in detail and shall be entered in
the minutes of the meeting by the town clerk.
The provisions of this section requiring an annual accounting and the
submission of books and records by all town officers and employees to
the town board shall not apply to a town having a town comptroller, nor
to a town which, prior to the twentieth day of January, shall have
engaged the services of a certified public accountant or public
accountant to make an annual audit to be completed within sixty days
after the close of the town's fiscal year.
Notwithstanding anything herein contained, the town board, at any
time, may require any town officer or employee to submit to the board or
to such certified public accountant or public accountant for examination
his books, dockets, records, receipts, warrants, vouchers and cancelled
checks or check images as authorized by section ninety-nine-b of the
general municipal law.
Designation of the comptroller as accounting officer.
Notwithstanding any other provision of this chapter, the town board of a
town in which the office of comptroller has been established may, by
resolution, determine that such officer shall be the accounting officer
of the town. In such event, all of the accounting duties of the town
supervisor shall be transferred to and be performed by the comptroller.
In addition to keeping detailed accounting records, the comptroller
shall prepare and transmit to the town clerk the report required by
subdivision ten or, if the town board shall so determine, the report
required by subdivision ten-a of section twenty-nine of this chapter.
He shall also render to the town board the detailed monthly statement
required by section one hundred twenty-five of this chapter, and shall
prepare and submit to the state department of audit and control the
report required by section thirty of the general municipal law.
Notwithstanding any other provision of the highway law, social
services law, or this chapter, no money shall be paid out by the
supervisor except upon the warrant of the town comptroller. Every
officer required to submit a monthly statement to the town supervisor
pursuant to subdivision one of section twenty-seven of this chapter
shall furnish a copy thereof to the town comptroller.
Nothing in this section shall be construed to relieve the town
supervisor of his duties as treasurer of the town pursuant to
subdivisions one, two, three and four of section twenty-nine of this
chapter.
Duties of supervisor. Except where duties specified herein are
devolved upon the town comptroller pursuant to section thirty-four of
this chapter, the supervisor of each town shall have the following
duties:
1. The supervisor shall keep in his records, in such manner and form
as the state department of audit and control may direct, a separate
account with every appropriation for which funds are appropriated or
raised by tax. He shall state in every check or draft drawn by him the
fund against which it is drawn and the appropriate account chargeable
therewith. He shall not permit any fund or appropriation account to be
overdrawn at any time nor draw upon one fund or appropriation account to
pay a claim chargeable to another. In a town in which there shall be no
town comptroller no money shall be paid out by the supervisor except
upon the warrant, order or draft of the town clerk, after audit and
allowance by the town board. In a town in which there shall be a town
comptroller no money shall be paid out by the supervisor except upon the
warrant, order or draft of the town comptroller, after audit and
allowance thereof. The supervisor, however, may pay the principal of and
interest on indebtedness, stated salaries, compensation for services of
officers or employees regularly engaged by the town at agreed wages by
the hour, day, week, month or year, and amounts becoming due upon lawful
contracts for periods exceeding one year for which provision for payment
has been made in the annual budget and payments authorized by
subdivision two of section one hundred eighteen of this chapter, without
prior audit.
2. The supervisor shall without prior audit, issue individual checks
to the persons as authorized by the town welfare officer or pay over to
the town welfare officer moneys for the revolving fund as provided by
section eighty-six of the social welfare law, and the receipt of the
town welfare officer shall be a sufficient voucher for such payment. The
supervisor shall render to the town board at the end of each month a
detailed statement of all money received and disbursed by him for such
month, and shall file a copy in the office of the town clerk.
ARTICLE 9 Ordinances and Licenses
Town ordinances. The town board after a public hearing may
enact, amend and repeal ordinances, rules and regulations not
inconsistent with law, for the following purposes in addition to such
other purposes as may be contemplated by the provisions of this chapter
or other laws. In order to accomplish the regulation and control of such
purposes, the town board may include in any such ordinance, rule or
regulation provision for the issuance and revocation of a permit or
permits, for the appointment of any town officers or employees to
enforce such ordinance, rule or regulation and/or the terms and
conditions of any permit issued thereunder, and for the collection of
any reasonable uniform fee in connection therewith. The town clerk shall
give notice of such hearing by the publication of a notice in at least
one newspaper circulating in the town, specifying the time when and the
place where such hearing will be held, and in general terms describing
the proposed ordinance. Such notice shall be published once at least ten
days prior to the day specified for such hearing.
Whenever the constitutionality of any local law, ordinance, rule or
regulation of a town is brought into issue upon a trial or hearing of
any civil cause of action or proceeding in any court, and the town is
not a party to such action or proceeding, notice shall be served upon
the town in accordance with section one thousand twelve of the civil
practice law and rules.
1. Building code. Regulating the manner of construction, alteration,
removal and inspection of buildings and structures of every nature and
description erected or proposed to be erected in said town, and the
materials to be used therefor, and in the case of buildings used for
public assemblage requiring such stairways, doors, halls, exits and
other facilities as may be necessary for the safety, security and
comfort of persons using the same, and prohibiting any construction,
alteration, or removal which does not comply with such regulations. Such
regulations shall be known as the building code of the town.
2. Plumbing code. Regulating the manner of construction, alteration,
removal and inspection of all plumbing and drainage systems in existing
or proposed buildings and structures and the materials to be used
therefor, and the location of cess-pools and sewer systems, the manner
of construction and the materials to be used therefor, and the manner in
which connections shall be made with main sewers, drains and water
mains, and the materials to be used therefor, and prohibiting any
construction, alteration or removal or the use of any materials which do
not comply with such regulations. The town board may either adopt the
standard plumbing code recommended by the state department of health or
may formulate other rules and regulations relating to plumbing. Such
regulations shall be known as the plumbing code of the town.
3. Electrical code. Regulating the manner of construction, alteration,
removal and inspection of all electrical work in existing or proposed
buildings and structures and the materials to be used therefor, and
prohibiting any construction, alteration or removal or the use of any
materials which do not comply with such regulations. Such regulations
shall be known as the electrical code of the town.
3-a. Housing code. Regulating and establishing minimum standards
governing the condition, occupancy, and maintenance of dwellings,
dwelling units, rooming houses, rooming units and premises; establishing
minimum standards governing utilities, facilities, and other physical
components and conditions essential to make dwellings, dwelling units,
rooming houses, rooming units, and premises safe, sanitary and fit for
human habitation; fixing certain responsibilities and duties of owners,
operators, agents, and occupants of dwellings, and dwelling units,
rooming houses, and rooming units; authorizing and establishing
procedures for the inspection of dwellings, dwelling units, rooming
houses, and rooming units, and the condemnation and vacation of those
dwellings, dwelling units, rooming houses, and rooming units unfit for
human habitation. The provisions of this subdivision shall apply only to
one and two family dwellings, provided, however, that nothing herein
contained shall be construed to affect the power of a town to enact or
adopt local laws, ordinances or regulations, with respect to multiple
dwellings, pursuant to the provisions of section three hundred
twenty-nine of the multiple residence law.
4. Sidewalks. Regulating the manner of construction, reconstruction
and repair of sidewalks, the materials to be used, the grades and the
widths thereof and prohibiting any construction, reconstruction or
repair which does not comply with such regulations; requiring the owner
and occupant of premises abutting on any street where a sidewalk has
been laid, to keep the sidewalk in front of such premises, free and
clear from snow, ice, dirt and other obstructions and upon default
thereof provide for the removal thereof at the expense of the owners of
such premises and that such charge shall become a lien upon the premises
benefited thereby, until paid.
5. Fire prevention. Regulating the erection of buildings where extra
hazardous business is to be carried on and the carrying on of such
business: Regulating the attendance in public buildings and the use of
aisles as standing room for spectators and the erection of fire escapes
on all public buildings: Regulating the construction and use of all
heating systems and devices employing heat or fire or conducting smoke
for any purpose: Establishing fire limits and prohibiting the erection
of frame buildings or structures therein: Preventing and extinguishing
fires and regulating conduct thereat: Regulating the use, sale, storage
and transportation of fire arms, fire works, explosives and inflammables
or prohibiting the use, sale, storage and transportation of any of them:
Requiring the deposit of ashes and waste in safe receptacles and places:
Prohibiting bonfires in the streets and public places and regulating the
manner in which they may be permitted in other places: Requiring the
cutting, trimming and removal of brush, grass and weeds and the removal
of rubbish and the elimination of fire hazards: Protecting and
preserving the property and apparatus of any fire company or department:
Regulating the parking of automobiles or other conveyances in the
locality of fire houses and hydrants: Providing for punishment for
insubordination or disorderly conduct at fires or the wilful neglect or
refusal to obey or the attempt to prevent or obstruct the lawful orders
of a person in charge of the operations of a fire department or fire
company: Preventing damage by fire and protecting property exposed to
destruction by fire: Providing for the voluntary destruction either in
part or in whole of buildings and property to arrest fire or extinguish
the same, and for all other things necessary or helpful for the
prevention of fire or the extinguishing thereof and for such other
further purposes as shall tend to provide for the general safety of
persons and property within the town.
6. Public dump and dumping ground. Prohibiting and/or regulating the
use of any lands within the town as a dump or dumping ground.
7. Use of streets, highways, sidewalks and public places. (a)
Regulating the use of streets, highways, sidewalks and public places by
pedestrians, animals, motor and other vehicles, including local and
interurban street cars; restricting parking of all vehicles therein;
regulating parades and public assemblages therein; regulating or
prohibiting coasting therein; and, subject to the approval of the
department of transportation, requiring railroad companies to employ and
maintain competent flagmen and erect gates at any street or highway
crossing; prohibiting the deposit of any dirt, filth, waste or rubbish
in any street, highway, sidewalk, that part of any waterway within its
jurisdiction or public place or incumbering thereof by any encroachment
of buildings, structures, excavation or otherwise; regulating the manner
in which excavation may be made in or under the streets, highways,
sidewalks or public places and requiring an indemnity bond as a
condition precedent thereto or the town board may require as the
condition precedent thereto, the deposit in cash of such an amount as
the board may determine necessary to cover the probable expense to the
town of the replacement by the town of the street, highway, sidewalk or
public place, and the unexpended balance, if any, shall be refunded to
the depositor; providing for the removal of snow and ice therefrom;
prohibiting the use by owners and occupants of property abutting on
public streets or grounds of barbed wire or similar fences along the
boundaries of such street or grounds.
(b) If the front or other exterior wall of any building erected on or
before the first day of January, nineteen hundred forty, in any town
encroaches not more than six inches upon any street or highway, no
action or proceeding to compel the removal of such wall shall be
instituted or maintained by or on behalf of the town, or by or on behalf
of any person claiming an easement in or title to the portion of the
street or highway on which such wall encroaches, unless such action or
proceeding be commenced within the period of one year from the time this
act takes effect, and unless within such period a notice of the pendency
of such action or proceeding, describing the property on which said
building stands and indexed against the owner thereof, be filed in the
office of the clerk of the county in which the property lies.
(c) If the front or other exterior wall of any building erected after
the first day of January, nineteen hundred forty, in any town encroaches
not more than six inches upon any street or highway, no action or
proceeding to compel the removal of such wall shall be instituted or
maintained by or on behalf of the town, or by or on behalf of any person
claiming an easement in or title to the portion of the street or highway
on which such wall encroaches, unless such action or proceeding be
commenced within the period of one year from the time of the serving of
a notice as hereinafter provided, and unless within such period a notice
of the pendency of such action or proceeding, describing the property on
which said building stands and indexed against the owner thereof, be
filed in the office of the clerk of the county in which the property
lies. Any person having any interest in the property on which such
building stands may serve a notice on the town clerk, town supervisor or
on such town officer as the town board shall authorize and direct to
defend or appear in any action or legal proceeding against said town, of
the town in which said property lies, setting forth a brief description
of the property, his interest therein, and the existence of an
encroachment on the street or highway. Such notice, together with proof
or admission of service thereof, shall be filed in the office of the
clerk of the county in which such property lies. The clerk shall index
and record such notice as if it were a notice of the pendency of an
action and shall collect the usual fees for recording and indexing a
notice of the pendency of an action.
(d) If no action be brought within the period hereby limited therefor
the owners and encumbrancers of such property shall be deemed to have an
easement for the maintenance of the encroaching wall so long as the said
wall shall stand, and no longer.
(e) If the front or other exterior wall of any building erected on or
before the first day of January, nineteen hundred sixty-five in any town
encroaches not more than six inches upon any town street or town
highway, the local legislative body of any town may authorize the
maintenance of such encroachment by ordinance during the period of time
the encroaching wall is in existence; provided, however, that such
authorization shall not confer any right or claim to be asserted against
such town or the state.
(f) The owner of real property upon which the front or exterior wall
of any building thereon encroaches upon any town street or highway, may
submit a request, in writing, to the town board of such town for
authorization to maintain such front or exterior wall during the time
such wall is in existence.
(g) Upon presentation of such request, notice thereof shall be given
to the town highway superintendent, who shall recommend to the town
board the proposed action on such request. Within thirty days of the
presentation of such request, the town board shall determine if the
granting of such request shall adversely impact upon the users of the
town street or highway. In the event a determination is made that such
encroachment does adversely impact upon the use of the town street or
highway, such request shall be denied. In the event a preliminary
determination is made that such encroachment may have no adverse impact
upon the use of the town street or highway, the town board shall within
thirty days after the issuance of such preliminary finding, hold a
public hearing upon such request, which public hearing shall be
conducted upon not less than ten days notice to the public. In addition
to such public notice, the owners of property, as determined from the
last completed assessment roll, within five hundred feet of the property
as measured from the intersections of the property lines with the town
street or highway shall be given notice by certified mail of such public
hearing.
(h) If, upon the completion of the public hearing, the town board
determines that such front or exterior wall does not interfere or impede
the right of the public to use such town street or highway, the town
board may grant to the owner of such property a license to continue to
maintain such front or exterior wall during the period such wall is in
existence; provided however, such town shall have the authority to
revoke such license at any time in the event the town board determines
that such town street or highway will be improved and as a result of
such improvement the front or exterior wall will then impede, interfere
with or obstruct traffic or the use of the town street or highway;
provided, further, that such license shall not confirm any right or
claim against such town. In such event the owner of the property shall
be given notice of the proposed action and shall, within the time set
forth in the notice, remove such front or exterior wall from the town
street or highway.
(i) Upon the abandonment of the building or in the event such
building, because of a lack of care enters a state of disrepair, the
owner thereof shall remove such front or exterior wall upon notice from
the town board.
(j) The authority granted to a town pursuant to paragraphs (f), (g),
(h) and (i) of this subdivision may, by local law, be assigned to any
department or agency of the town.
7-a. Location and construction of driveways. Regulating the location
and manner in which driveway entrances and exits may be constructed by
owners and occupants of property abutting on town highways; provided,
however, that such regulations shall not deny access from abutting
property upon town highways, when such abutting property is a legal lot
in accordance with existing statutes and ordinances.
8. Smoke, gases and wastes. Regulating and prohibiting the unnecessary
emission of smoke, noxious gases, deposits, dusts, trade wastes and
other pollutions from buildings, engines, locomotives and other sources,
and regulating, restricting and prohibiting the unnecessary use of
bituminous coal within the town or any portion thereof, when such use
would affect the public health.
9. Animals. Regulating the keeping of calves; regulating and
prohibiting the keeping of swine and mink, restraining the running at
large of horses, cattle, sheep, unmuzzled dogs, whether licensed or not,
fowls and other animals and authorizing the impounding and sale of the
same for the costs of keeping, proceedings and penalty, or the killing
of unmuzzled dogs.
10. Malicious mischief. Punishing the wilful and malicious breaking,
marring, injuring, removing or defacing of any building or structure,
fence, awning, sign board, tree, crop, shrubbery or other property; the
tearing down of notices lawfully posted; the removal or alteration or
any unlawful interference with stakes set out by engineers, surveyors or
otherwise to indicate boundaries or other lines.
11. Peace, good order and safety. Preserving the public peace and good
order; preventing and suppressing vice, immorality, disorderly and
gambling houses and houses of ill-fame, riots and tumultuous
assemblages, unnecessary crowds upon the streets, or in doorways or
stairways adjacent thereto, or loitering about such places, preventing
unreasonably loud or disturbing noises, determined by the board to be of
a character, intensity or duration as to be detrimental to the peace,
welfare or good order of the people, and preventing all disorderly,
noisy, riotous or tumultuous conduct within the town, disturbing the
peace and quiet of the town or any meeting or assembly therein; except
when prohibited by reason of the laws of the United States, regulating
the use of beaches in or adjacent to the town and regulating swimming
and bathing in open water exposed to the public including the use of
underwater diving devices for swimming and fishing, within or bounding
the town or such beaches to a distance of fifteen hundred feet from the
shore and requiring the owners or operators of any bathing beaches, bath
houses or other places charging a fee to the public for the use of any
such facilities to provide adequate safeguards for the protection of
persons bathing in waters adjacent to such premises; prohibiting
profane, vulgar or obscene language or conduct in any street or public
place in the town.
12. Amusements. Regulating public dance halls and all places where
dancing is permitted; specifying the hours during which such dancing may
continue, the supervision thereof, the minimum age of persons allowed to
attend, and all other matters relating to the conduct thereof;
regulating the conduct of circuses, theatres, pool and billiard parlors,
bowling alleys, athletic contests or exhibitions, and all similar places
of amusement for money or hire.
13. Beverages and eating places. Regulating all places selling or
offering for sale at retail for consumption on the premises any beverage
or food stuff; providing for sanitation and cleanliness and the
inspection thereof and defining the opening and closing hours and all
other matters related thereto.
14. Slaughtering houses and rendering works. Regulating the location,
operation, cleaning and removal of slaughter houses, fat, offal or other
rendering or reduction works or establishments and unwholesome and
noisome buildings or places.
15. Promotion of public welfare. Promoting the health, safety, morals
or general welfare of the community, including the protection and
preservation of the property of the town and of its inhabitants, and of
peace and good order, the benefit of trade and all other matter related
thereto, insofar as the same shall not be inconsistent with existing
law.
15-a. Excavated lands. Any town may adopt an ordinance giving to the
appropriate officials of such town, upon the direction of the town
board, the right and power to fill in excavated lands and property if,
after a hearing, the existence of such lands and property are deemed by
the town board to constitute a hazard to public safety and if, after
giving thirty days' notice by certified mail addressed to the owner of
record of such lands and property at the address shown on the last
preceding assessment roll, such excavated lands and property are not
filled in by or on behalf of such owner. Where the excavated lands are
filled in by the town, the cost thereof shall be assessed against such
lands and property by such town officer as may be designated by such
ordinance. The town officer so designated shall serve personally or by
certified mail upon the owner of such property at the same address a
written notice, stating that at a time and place specified therein, he
will assess such cost against such property. Such notice shall be served
at least eight days previous to the time specified therein. If directed
against a corporation, it may be served upon the corporation at its
principal place of business, place of business upon an agent of the
corporation within the town, or upon the secretary of state. Notice
served upon the secretary of state shall be served at least twelve days
previous to the time specified therein. At the time and place so
specified, he shall hear the parties interested, and shall thereupon
complete the assessment, stating therein, the name of each owner and the
amount so assessed, and shall return such assessment to the town clerk
who shall present the same to the town board. Such town board shall
certify such assessment to the board of supervisors who shall cause the
amount stated therein to be levied against such property and any
uncollected assessment shall be a lien upon the land affected. Such
amount shall be levied and collected at the same time and in the same
manner as other town taxes, and shall be paid to the supervisor of the
town, to be applied in reimbursing the fund from which such cost was
defrayed.
15-c. Screening facilities in the towns of the counties of Nassau,
Rockland and Westchester and certain towns in the county of Suffolk
required by zoning boards of appeals or zoning ordinances. Any town in
the counties of Nassau, Rockland and Westchester and the towns of
Huntington, Babylon, Brookhaven, Islip, Southampton and Smithtown in
Suffolk county may adopt an ordinance giving to the appropriate
officials of such town, upon the direction of the town board, the right
and power to erect, replace, repair or maintain fences, trees,
plantings, shrubbery or other screening on land located in such town
where such screening facilities are required by direction of a town
board of zoning appeals or by zoning ordinance and there is a failure to
comply with such direction, and if, after giving thirty days' notice by
registered mail addressed to the owner of record of such land at the
address shown on the last preceding assessment roll, such fences, trees,
plantings, shrubbery or other screening are not so erected, replaced,
repaired or maintained by or on behalf of such owner; and the town board
may provide for the assessment of all costs and expenses so incurred by
the town, in connection with any action taken as above, against the land
on which such screening facilities are located.
16. Unsafe buildings and collapsed structures. Providing for the
removal or repair of buildings in business, industrial and residential
sections that, from any cause, may now be or shall hereafter become
dangerous or unsafe to the public; providing as follows:
a. For an inspection and report by an official duly appointed by the
town board;
b. For a notice to be served on the owner or some one of the owner's
executors, legal representatives, agents, lessees or any other person
having a vested or contingent interest in same, either personally or by
registered mail, addressed to the last known address, if any, of the
owner or some one of the owner's executors, legal representatives,
agents, lessees or other person having a vested or contingent interest
in same, as shown by the records of the receiver of taxes and/or in the
office of the county clerk or county register, containing a description
of the premises, a statement of the particulars in which the building or
structure is unsafe or dangerous and an order requiring same to be made
safe and secure or removed; and if such service be made by registered
mail, for a copy of such notice to be posted on the premises.
c. For time within which person served with such notice may commence
the securing or removal of buildings or structures;
d. For the filing of a copy of such notice in the office of the county
clerk of the county within which such building or structure is located,
which notice shall be filed by such clerk in the same manner as a notice
of pendency pursuant to article sixty-five of the civil practice law and
rules, and shall have the same effect as a notice of pendency as therein
provided, except as otherwise hereinafter provided in this paragraph. A
notice so filed shall be effective for a period of one year from the
date of filing, provided, however, that it may be vacated upon the order
of a judge or justice of a court of record or upon the consent of the
town attorney. The clerk of the county where such notice is filed shall
mark such notice and any record or docket thereof as cancelled of record
upon the presentation and filing of such consent or of a certified copy
of such order.
e. For a hearing before the town board, notice of which and the time
and place thereof to be specified in the notice to repair or demolish;
served upon the owner and such persons having an interest in the
property or structure as is herein prescribed.
f. For the removal of such building or structure by the town in the
event such owner fails or refuses to repair or remove the same within
the time provided.
g. For the assessment of all costs and expense incurred by the town in
connection with the proceedings to remove or secure, including the cost
of actually removing said building or structure, against the land on
which said buildings or structures are located.
17. Regulation of vessels, personal watercraft and specialty
prop-craft. Except when prohibited by the laws of this state or of the
United States; (1) a. Regulating the speed and regulating and
restricting the operation of vessels, personal watercraft and specialty
prop-craft and, in the counties of Westchester, Saratoga, Warren and
Suffolk the size and horse power of inboard and outboard motors, while
being operated or driven upon any waters within or bounding the town to
a distance of fifteen hundred feet from the shore except that in Nassau
and Suffolk counties, towns may regulate and restrict the speed and
regulate and restrict the operation of vessels in all tidal waters upon
lands within the geographic boundaries of such town and those tidal
waters contiguous with the town to a distance of fifteen hundred feet
from shore and not within any other town. With respect to personal
watercraft and specialty prop-craft, regulations may include a
prohibition of their use provided such prohibition does not prevent
access to federally maintained and designated channels and,
notwithstanding any other provision of law, such prohibition shall not
be adopted unless the town complies with the public hearing requirements
and the requirements for signage as set forth in section forty-six of
the navigation law.
b. Restricting and regulating the anchoring or mooring of vessels in
any waters within or bounding the town to a distance of fifteen hundred
feet from the shore.
c. Restricting and regulating the anchoring or mooring of vessels in
such waters when used or occupied as living or sleeping quarters and,
providing time limits on duration of the stay of such vessels in such
waters and requiring inspection and registration of such vessels when so
used.
d. Restricting and regulating sewage disposal and garbage removal from
said vessels and use of toilets thereon. The term "sewage" as used in
this subdivision shall mean all human body wastes.
e. Designating public anchorage area or areas and regulating the use
thereof.
(2) The provisions of this subdivision shall not apply to waters
within or bounding an incorporated village to a distance of fifteen
hundred feet from the shore, jurisdiction with respect to which is
vested in the board of trustees of a village by the provisions of
subdivision one of section forty-six-a of the navigation law.
18. Shellfish. a. Regulating the taking and the manner of taking
clams, oysters, scallops and other shellfish from the lands of or from
waters over the lands of
(1) a town vested with the title to, or holding a lease on, lands
under tidewater in any harbor, bay or creek, and vested with the right
of fishing, or
(2) the trustees of the freeholders and commonalty of a town in which
such trustees are vested with title to such lands and the right of
fishing, provided that such trustees shall file with the town clerk an
application in writing therefor.
b. Such ordinance in either case shall not be less restrictive than
the environmental conservation law or, where such law authorizes the
department to establish lesser restrictions, the regulations made
pursuant to such law, and may provide
(1) that no dredge or scrape shall be used for such purpose except by
a lessee upon lands held by such lessee under lease;
(2) that no dredge or scrape shall be on board of any boat except that
of a lessee while upon water covering lands held by such lessee under
lease and while navigating between the dock, anchorage or moorage used
by such lessee and such leased land;
(3) that no dredge or scrape shall be on board of any boat while used
for taking shellfish from such lands except by a lessee of lands as in
this subdivision provided;
(4) that each person upon a boat upon which there is a dredge or
scrape except as in such ordinance permitted by a lessee shall be a
violator of such ordinance;
(5) That no person shall take any shellfish from such lands, except a
lessee from lands held by such lessee under lease, unless such person
shall have received from the proper and duly constituted authority a
written license or permit permitting such person to take such shellfish,
and a license or permit granted to any person shall upon such person's
conviction of a violation of such ordinance, be terminated and void; and
(6) that any person making unlawful entries upon such lands may be
proceeded against by injunction to restrain a continuing trespass as
well as for violation of said ordinance.
c. Such ordinance shall not apply to the use of a dredge or scrape by
the owner, the town or such trustees, for the purpose of removing
diseased or blighted shellfish from such lands or to any operation by a
town or such trustees incident to transplanting shellfish within such
town.
19. Trespass. Prohibiting trespass to public and private property, for
the purpose of protection and preservation of the property of the town
and of its inhabitants and of peace and good order.
20. Hotels, inns, boarding houses, etc. Regulating hotels, inns,
boarding houses, rooming houses, lodging houses, associations, clubs or
any building or part of a building used in the business of renting
rooms, individual or several, and also private sanatoriums, convalescent
homes, homes for aged or indigent persons, day nurseries, hospitals,
rest homes or any building or part of a building used for similar
purposes, containing a total number of beds, cots or similar equipment
providing sleeping accommodations for more than five persons; specifying
the type of construction, the manner of their running and operation and
prescribing regulations assuring proper sanitation, cleanliness and fire
protection.
21. House trailer camps, tourist camps and house trailers. Regulating
house trailer camps, tourist camps or similar establishments; requiring
approval of suitable plans for house trailer camps and tourist camps and
prescribing regulations therefor including provision for sewer
connection, water supply, toilets, bathing facilities, garbage removal,
registration of occupants, inspection of camps. The town board may
either adopt the provisions of the sanitary code established by the
public health and health planning council or may formulate other rules
and regulations relating to house trailer camps, tourist camps or
similar establishments not inconsistent with the provisions of such
state sanitary code. Regulating the parking, storage or otherwise
locating of house trailers when used or occupied as living or sleeping
quarters in any part of the town outside an established house trailer
camp, tourist camp or similar establishment; providing time limits on
duration of the stay of such house trailers and requiring registration
of such house trailers when so used.
22. Air-ports and flying fields. Regulating air-ports and flying
fields, and property or spaces adjacent thereto occupied or used in
connection therewith or in the operation thereof for the purpose of the
parking or accommodation of automobiles or other vehicles; locating and
regulating the flow of vehicular traffic in, to and from such used or
occupied spaces; requiring that such used or occupied spaces be kept
free of stagnant pools of water and other disagreeable odor producing
causes; requiring proper and adequate sanitary facilities, including
toilets, water supply, and garbage or waste containers at suitable
locations thereon and providing for the proper removal of the contents
thereof, and that such spaces be otherwise kept in a clean and sanitary
condition; requiring that any such used portions thereof be kept and
maintained free from dust by the use of oil or other preventative, or by
other means; requiring that the owner thereof adequately police such
properties to prevent the commission of crime and/or injury to person or
property while thereon.
23. Sand pits, quarries, top soil and other excavations. Regulating
the manner of construction on, removal of material from, filling up,
draining, cleaning, operating and using any lands or other premises for
sand or gravel pits, stone quarries, stripping of top soil, or for other
excavation purposes and prohibiting the use of any lands or other
premises for the aforesaid purposes which do not comply with such
regulations.
23-a. The town board of the town of Southold in the county of Suffolk,
is authorized to regulate by ordinance consistent with the provisions of
the public health law and any other general law the raising and keeping
of ducks within such town.
24. Riding stables and riding academies. Regulating, controlling, or
prohibiting riding stables, riding academies, or similar establishments;
requiring approval of plans for the construction and location of
stables; prescribing regulations for the care of horses; regulating
bridle paths and bridle trails; prohibiting or regulating night riding
of horses; and otherwise providing for the care and safety of horses and
riders.
25. Building lines. Establishing building lines in a public highway or
highways and requiring all buildings hereafter erected to be within such
lines.
26. Air guns. Regulating or prohibiting the possession, sale and use
of air guns, spring guns or other instruments or weapons in which the
propelling force consists of springs or air.
27. Firearms. In the towns of Huntington, Babylon, Smithtown, Islip,
Brookhaven, Riverhead and Southampton, in the county of Suffolk, in the
town of Niskayuna in the county of Schenectady, in the town of Ramapo in
the county of Rockland, in the towns of Irondequoit, Greece, Pittsford,
Brighton, Penfield, Perinton, Webster and Gates in the county of Monroe,
in the town of Colonie in the county of Albany, and in the towns of
Vestal and Union in the county of Broome prohibiting the discharge of
firearms in areas in which such activity may be hazardous to the general
public or nearby residents, and providing for the posting of such areas
with signs giving notice of such regulations, which ordinances, rules
and regulations may be more, but not less, restrictive than any other
provision of law. Thirty days prior to the adoption of any ordinance
changing the five hundred foot rule, a notice must be sent to the
regional supervisor of fish and game of the environmental conservation
department, notifying him of such intention.
28. Billiard rooms. In towns, subject to a permissive referendum,
setting the minimum age of minors to be allowed upon the premises
provided, however, that an ordinance shall only allow such minor upon
the premises when accompanied by adult supervision as part of an
organized youth activity. For purposes of this subdivision an organized
youth activity shall not include activities sponsored primarily by
persons under eighteen years of age.
29. Loitering. Prohibiting and punishing loitering; provided however,
that such ordinance or law shall only prohibit loitering for a specific
illegal purpose or loitering in a specific place of restricted public
access and shall therein set forth guidelines for application of such
prohibitions by law enforcement officers so as to prevent arbitrary or
discriminatory enforcement of such prohibitions.
Definition of town ordinance. A town ordinance includes also a
rule or regulation of the town board, for the violation of which a
penalty is imposed; and each provision of this chapter relating to the
enforcement of an ordinance applies to such rule or regulation.
Effect of town ordinances limited. A rule, regulation or
ordinance of a town shall be effective and operative only in that
portion of such town outside of any incorporated village or city
therein, except as otherwise specifically provided by statute.
When ordinance shall take effect. Every ordinance and every
amendment to an ordinance hereafter adopted or approved by the town
board of a town to which the provisions of this article are applicable,
shall be entered in its minutes except that it shall not be necessary to
enter in its minutes any map adopted or approved in connection with a
zoning ordinance or amendment. The ordinance or amendment, or a summary
or abstract thereof, shall be published in the official newspaper of the
town or, if there is none, in a newspaper designated by the town board
having general circulation in the town, once, and the affidavit of such
publication shall be filed with the town clerk. Such ordinance or
amendment shall take effect ten days after such publication; but such
ordinance or amendment shall take effect from the date of its service as
against a person served personally with a copy thereof, certified by the
town clerk under the corporate seal of the town; and showing the date of
its passage and entry in the minutes. No ordinance or amendment
previously adopted or approved by any town board of a town to which the
provisions of this article are applicable shall be void for failure of
posting and/or filing affidavits of posting.
Proof of ordinance; maps. The certificate of the town clerk
setting forth that the records of the town show the adoption of one or
more ordinances and the publishing thereof as required by this chapter
shall be presumptive evidence of such adoption and publication in any
action or special proceeding in any court or otherwise.
Violations of ordinances. 1. A violation of any ordinance, rule
or regulation adopted by the town board pursuant to this chapter is
hereby declared to be a misdemeanor except as otherwise provided by law
and except that any such violation of a provision of a town building
code or zoning ordinance shall be deemed an offense against such code or
ordinance, and the town board may provide for the punishment thereof by
fine or imprisonment or both; provided, however, that for the purpose of
conferring jurisdiction upon courts and judicial officers generally,
violations of a town building code or zoning ordinance shall be deemed
misdemeanors and for such purpose only all provisions of law relating to
misdemeanors shall apply to such violations. It is also empowered to
provide civil penalties for such violation. The town board may also
maintain an action or proceeding in the name of the town in a court of
competent jurisdiction to compel compliance with or to restrain by
injunction the violation of any such ordinance, rule or regulation,
notwithstanding that the ordinance, rule or regulation may provide a
penalty or other punishment for such violation.
2. Notwithstanding the provisions of subdivision one hereof the town
board of any town may designate that the violation of any ordinance,
rule or regulation adopted by such board or any specific provision or
provisions thereof shall be deemed an offense against such ordinance,
rule, regulation, or provision thereof, and the town board may provide
for the punishment thereof by fine or imprisonment or both; provided,
however, that for the purpose of conferring jurisdiction upon courts and
judicial officers generally, such violation shall be deemed misdemeanors
and for such purpose only all provisions of law relating to misdemeanors
shall apply to such violations.
Licensing and regulating occupations. The town board may
provide by ordinance for the licensing and otherwise regulating of:
1. Auctioneers, employment agencies, collateral loan brokers, junk
dealers and dealers in second hand articles; the running of public
carriages, cabs, hacks, carts, drays, express wagons, automobiles or
other vehicles for the transportation of persons or property over or
upon the streets of a town for hire, and soliciting either on private
property or on the public highway or running therefor, or for hotels,
boats, lodging houses or garages; auctioneering, hawking and peddling,
except the peddling of meats, fish, fruit and farm produce by farmers
and persons who produce such commodities.
2. The doing of a retail business in the sale of goods of any
description within the limits of the town from canal boats, in the
canals, or from the lands by the side of such canals and within the
boundary lines thereof, or from boats on a lake or river, except
products of the farm and unmanufactured products of the forest.
3. Circuses, theatres, motion picture houses, shows or other
exhibitions or performances, the keeping of billiard or pool rooms,
bowling alleys, shooting galleries, skating rinks, amusement parks and
other similar places of amusement, for money or hire; or the giving of
exhibitions, performances or entertainments in any place within the
town.
4. The use of any public hall or opera house; but such place shall not
be licensed unless it has suitable and safe means of ingress and egress
in case of panic or fire.
5. The running of restaurants, eating places, lunch counters, soft
drink counters or similar places for the sale for consumption upon the
premises of beverages of any class or description.
6. The use of any hall or place other than private homes for dancing
whether in connection with some other use of the premises or otherwise,
whether or not such dancing is open to the general public.
7. In a town of the first or second class, the doing of plumbing,
heating, ventilating and electrical work; provided, however, that
employees of public service corporations shall not require a license
while engaged in the work of such corporations.
8. The collection of garbage.
9. In any town in a county having a population of more than seven
hundred fifty thousand, other than a county wholly included in a city,
the running, operation or conducting the business of a laundromat,
launderette or other coin operated machine establishment for clothes
washing, drying or dry cleaning or any combination of such operations.
10. The running of hotels, inns, boarding houses, rooming houses,
lodging houses and associations or clubs furnishing services ordinarily
furnished in hotels, inns, boarding houses, rooming houses and lodging
houses.
11. The running, operation or conducting business of house trailer
camps, tourist camps, or similar establishments.
12. In any town in the counties of Cortland, Erie, Monroe and Suffolk,
or in a county adjoining a city having a population of one million or
more, or in any town adjacent to such a county, the operation and use of
any lands or premises for the excavation of sand, gravel, stone or other
minerals and the stripping of top soil therefrom.
13. The running, operation or conducting the business of riding
stables, riding academies, or similar establishments.
14. The running, operation or conducting the business of raising mink.
Issuing of licenses. If any such trade, occupation or use of
premises shall be prohibited without a license, the town board shall
establish uniform fees for the issuance of such licenses and may require
applicants for licenses to submit written applications supplying under
affidavit such information as the town board may require.
Upon receipt of the license fee therefor, the town clerk, or the
building inspector as provided in section one hundred thirty-eight of
this chapter, shall issue a license specifying the trade, occupation or
use of premises thereby authorized and such license shall become
effective from the date thereof and shall continue in force for the term
specified therein but shall not be transferable. Such a license shall
not be issued for a longer term than one year from the date thereof.
The town board may by resolution provide for the staggering of licensing
periods. Should such action result in a licensing period which is
shorter than the regular licensing period, the town clerk shall adjust
the fee proportionately. A license may be refused if the applicant shall
have been convicted of a misdemeanor or felony, which in the judgment of
the town clerk or the building inspector renders the applicant unfit or
undesirable to carry on the trade or occupation involved. The town clerk
or the building inspector may also refuse a license to any person who in
his judgment shall be an undesirable person or incapable of properly
conducting the trade or business desired. Any applicant who has been
refused a license by the town clerk or the building inspector may apply
to the town board therefor, and the same may be granted or refused by
the board, except as prohibited herein. After a public hearing thereon
at which the licensee shall have an opportunity to be heard, the town
board may revoke any license issued under authority of this article to
any applicant whom the town board shall determine to be an undesirable
person or incapable of properly conducting the trade or business
previously licensed. The granting, refusal or revocation of such license
by the town board shall be subject to review by certiorari.
Building inspector. The town board of any town which shall have
adopted a building code, plumbing code, electrical code, housing code,
or ordinances, rules and regulations for fire prevention, or for the
removal or repair of unsafe buildings or collapsed structures, or for
any of such purposes, pursuant to the provisions of this article, may
appoint a town building inspector, and in a town of the first class such
assistants thereto as the town board may determine necessary, and fix
the compensation thereof. Such inspector shall have charge of the
enforcement of such codes, ordinances, rules and regulations of the town
and of the zoning ordinance of the town, if there be one, and for such
purposes such inspector, and his assistants, if any, shall have the
right to enter and inspect at any time any building, structure or
premises and to perform any other act necessary for the enforcement of
such codes, ordinances, rules or regulations, or any of them. In any
such town, the town board may appoint a deputy building inspector to
assist the building inspector in the duties of his office. Such deputy
building inspector and assistant building inspectors shall perform such
duties not inconsistent with law as shall be assigned to them,
respectively, by the building inspector and in the performance thereof
shall have the same right to enter and inspect any building and perform
other necessary acts as hereinbefore conferred upon the building
inspector.
Any license or permit required, under the provisions of the building
code, plumbing code, electrical code or housing code shall be issued by
the building inspector or deputy building inspector. Notwithstanding the
provisions of subdivision one of section thirty-seven of this chapter,
the town board may direct that fees for licenses and permits issued by
the building inspector or deputy shall be payable to and collected by
such inspector.
All charges and expenses, including salaries, incurred by the building
inspector and his deputy and assistants in connection with his duties
under this section, less fees, collected if any, shall be a charge upon
the taxable property of that part of the town outside of any
incorporated village and shall be assessed, levied and collected
therefrom in the same manner as other town charges levied on property
outside of villages.
Agreements with fire districts. If in the judgment of the town
board it is advisable for the safety and welfare of the inhabitants of a
fire district in the town that the issuance of a town fire permit to
burn grass, leaves, brush, rubbish, refuse, buildings or other materials
in a fire district should be issued, and preliminary investigations in
relation thereto should be made, by a person or persons most familiar
with local grass and brush fire hazard conditions in the fire district
and the availability of fire-fighting vehicles and firefighters, then
the town board, notwithstanding the provisions of section one hundred
thirty-eight of this chapter, may provide in any fire prevention code,
whether adopted by local law or by ordinance, that an agreement may be
entered into with the board of fire commissioners of any fire district
located wholly or partly in the town that the issuance of such permits,
and preliminary investigations in relation thereto, on behalf of the
town will be performed by the fire district within the limits of such
district in such town, the fire district to utilize the services of the
chief engineer and assistant engineers of the fire district fire
department in the performance of such duties agreed to be performed by
the fire district. Any such agreement shall be for such period of time
and on such terms as may be agreed upon, except that it shall provide
(1) that it may be terminated by the town after written notice to the
fire district and after a change in such fire prevention code to provide
a different procedure for issuing such permits will become effective and
(2) that it may be terminated by the fire district upon sixty days
written notice to the town. If any fire prevention code contains such a
provision authorizing such an agreement, the town board of the town and
the board of fire commissioners of any fire district located wholly or
partly in the town shall have power to enter into such agreement.
ARTICLE 9-A Self-supporting Improvements
Definitions. As used in this article: The term,
"self-supporting improvements" shall mean any dock, pier, wharf, bathing
beach or recreational facility and parking areas in connection
therewith, established pursuant to this article from which revenues are
obtained by the imposition and collection of rates, fees, tolls or
admissions.
Acquisition or establishment of self-supporting improvements.
The town board of any town in Suffolk county and of any suburban town
may, by ordinance, provide for the acquisition, construction, lease or
purchase of any self-supporting improvement, or may establish any
existing dock, pier, wharf, bathing beach or recreational facility, and
parking areas in connection therewith as a self-supporting improvement,
pursuant to the provisions of this article.
Charges for use of self-supporting improvements. The town board
of any town in Suffolk county and of any suburban town, may, by
ordinance, rule, or regulation after a public hearing held on notice
published at least once in a newspaper circulating in the town, not less
than ten days prior to such hearing, establish or revise charges for the
use or enjoyment of any self-supporting improvement. Such town board
shall establish charges for the use or enjoyment of any such improvement
for a daily, hourly or single use of such improvement. In addition to
such daily, hourly or single use charges, the town board of any such
town may establish weekly, seasonal or annual charges for the use or
enjoyment of any self-supporting improvement. Applications for weekly,
seasonal or annual permits to use such self-supporting improvement shall
be made on forms supplied by the officer or employee placed in charge
thereof by the town board of such town, and the charges therefor shall
be paid upon the issuance of such permits. Such charges shall be used
only for the purpose of operating, maintaining and improving such
self-supporting improvement, including reserves and the payment of
principal and interest on any bonds, notes or other obligations issued
for the acquisition, construction, lease, purchase, improvement or
reconstruction of any such self-supporting improvement.
Use of self-supporting improvements. The town board of any town
in Suffolk county and of any suburban town may, by ordinance, rule or
regulation after a public hearing, held on notice as prescribed in
section one hundred forty-two of this chapter, limit the use of such
self-supporting improvement to residents of the town and/or limit the
number of persons who may be permitted to use any self-supporting
improvement at any time to the number of users which such town board
shall find such self-supporting improvement may efficiently and
economically serve or accommodate and limit admission or use to the
persons applying therefor in the order in which applications for
admission are made.
ARTICLE 10 Police
Establishment of town police departments. 1. The town board of
any town may establish a police department and appoint a chief of police
and such officers as may be needed and fix their compensation. The
compensation of such police officers shall be a town charge; providing
however, no assessment on property in any village within any town or
partially within any town shall be made for the maintenance or operation
of a town police department established after January first, nineteen
hundred sixty, pursuant to this section if any such village maintains a
police department of four or more police officers on an annual full-time
basis, established and maintained under the rules of civil service. The
town board may, at its option, determine that the town shall pay all or
part of the cost of the uniforms and necessary equipment of its police
officers, and may purchase such equipment for use by the police
department as it shall deem necessary, including police patrol vehicles,
and emergency service vehicles for police use in connection with
accidents, public calamities or other emergencies. No assessment on
property in any village within any town in the county of Suffolk or in
any village within the town of Fallsburgh shall be made for the
maintenance or operation of such town police department, if any such
village maintains a police department of two or more police officers on
an annual basis. In the event that a town has established a police
department prior to January first, nineteen hundred sixty, the town
board of such town may enter into an agreement with any village within
it or partially within it which maintains a police department of four or
more police officers on an annual full-time basis, established and
maintained under the rules of civil service and determine therein what
part of the cost thereof shall be assessed against the property in the
village and what part thereof shall be assessed against the property in
the town outside of the village. Thereafter such portion of the cost
thereof determined to be assessed outside of the village shall be a
charge against that part of the town outside of the village and
assessed, levied and collected from the taxable property of that part of
the town outside of the village. When appointed, such police officers
shall have all the powers and be subject to all the duties and
liabilities of a police officer in all criminal actions and proceedings
and special proceedings of a criminal nature.
2. The town board of a town in which such a police department has been
established at any time by resolution may establish a board of police
commissioners for such town and appoint one or three police
commissioners who shall at the time of their appointment and throughout
their term of office be electors of such town, and who shall serve
without compensation, and at the pleasure of the town board. If the town
board shall appoint only one such police commissioner, it shall in
addition designate two members of the town board to serve as members of
such police commission. The town board may also by resolution designate
the supervisor to serve as police commissioner, and when so designated,
such supervisor shall have all the powers of and perform the duties of
such board of police commissioners. When either of such boards of police
commissioners shall have been established or supervisor designated as
police commissioner, such board of police commissioners or police
commissioner shall have and exercise all the powers relative to police
matters conferred upon the town board pursuant to this article. The town
board may by resolution at any time abolish such police commission or
revoke the designation of such supervisor as police commissioner and
thereupon the town board only shall exercise the powers conferred upon
it by this article.
3. The town board of a town, upon establishing or abolishing a police
department, shall notify the commissioner of the division of criminal
justice services of such action within thirty days thereafter.
4. Any local law which seeks to abolish a town police department shall
be subject to a permissive referendum as provided in article seven of
this chapter.
Qualifications. No person shall be eligible to appointment or
reappointment to such police department, nor continue as a member
thereof, who shall not be a citizen of the United States, who has been
convicted of a felony, who shall be unable to read and write
understandingly the English language or who shall not reside within the
state of New York and in any town or village in the county in which such
town is situated at the time of his or her appointment.
Promotion. The town board may determine that promotions of
officers and members of such police department shall be made by the town
board on the basis of seniority, meritorious police service and superior
capacity as shown by competitive examination, such examination to be
conducted by the appropriate civil service commission. Individual acts
of personal bravery may be treated as an element of meritorious service
in such examination. The town board shall keep a complete service record
of each member of such police department in accordance with the rules of
the appropriate civil service commission and shall transmit the record
of each candidate for promotion to such civil service commission in
advance of such examination.
Transfers. Transfers from one town police department to another
town or village police department in the same county may be made upon
the mutual consent of the appointing officers of the departments
affected. Any member of such police force who is or has been transferred
shall receive credit with the department to which he is transferred for
time served on the police force or in the department of any village or
town within the same county, as though the full time had been served
with the department to which he has been transferred, for purposes of
seniority, promotion, pensions and general administration.
Administration. The town board may make, adopt and enforce
rules, orders and regulations for the government, discipline,
administration and disposition of the police department and of the
members thereof. Such rules and regulations and all amendments thereto
shall be in writing and shall be posted in a conspicuous place in the
police headquarters. Each member of the department shall receive a copy
thereof and of all amendments thereto.
Physical examinations. The town board may, from time to time,
provide, by resolution, for the physical examination of any or all
members of the police department by a duly qualified physician
designated by the town board. The costs of such examinations shall be a
town charge.
Discipline and charges. Except as otherwise provided by law, a
member of such police department shall continue in office unless
suspended or dismissed in the manner hereinafter provided. The town
board shall have the power and authority to adopt and make rules and
regulations for the examination, hearing, investigation and
determination of charges, made or preferred against any member or
members of such police department. Except as otherwise provided by law,
no member or members of such police department shall be fined,
reprimanded, removed or dismissed until written charges shall have been
examined, heard and investigated in such manner or by such procedure,
practice, examination and investigation as the board, by rules and
regulations from time to time, may prescribe. Such charges shall not be
brought more than sixty days after the time when the facts upon which
such charges are based are known to the town board. Any member of such
police department at the time of the hearing or trial of such charges
shall have the right to a public hearing and trial and to be represented
by counsel; no person who shall have preferred such charges or any part
of the same shall sit as judge upon such hearing or trial. Witnesses
upon the trial of such charges shall testify thereto under oath. No
member of such department who shall have been dismissed shall be
reinstated unless he shall, within twelve months of his dismissal, file
with such board a written application for a rehearing of the charges
upon which he was dismissed. Such board shall have the power to rehear
such charges and, in its discretion, may reinstate a member of the force
after he has filed such written application therefor.
Any member of such department found guilty upon charges, after five
days' notice and an opportunity to be heard in his defense, of neglect
or dereliction in the performance of official duty, or of violation of
rules or regulations or disobedience, or of incompetency to perform
official duty, or of an act of delinquency seriously affecting his
general character or fitness for office, may be punished by the town
board having jurisdiction, by reprimand, by forfeiture and withholding
of salary or compensation for a specified time not exceeding twenty
days, by extra tours or hours of duty during a specified period not
exceeding twenty days, by suspension from duty for a specified time not
exceeding twenty days and the withholding of salary or compensation
during such suspension, or by dismissal from the department.
Notwithstanding chapters one hundred four and five hundred twenty-four
of the laws of nineteen hundred thirty-six, such board shall have the
power to suspend, without pay, pending the trial of charges, any member
of such police department in accordance with subdivision three of
section seventy-five of the civil service law. If any member of such
police department so suspended shall not be convicted of the charges so
preferred, he shall be entitled to full pay from the date of suspension.
The conviction of a member of such police department by the town board
shall be subject to review by the supreme court in the judicial district
in which such town is located in the manner provided by article
seventy-eight of the civil practice law and rules, provided that the
proceeding is commenced within thirty days from the determination of
such conviction by the town board.
Effect of resignation. Any member of such department who shall
resign shall be eligible for reinstatement in the same police force or
police department or in any other police force or police department to
which he was eligible for transfer at the time of his resignation,
provided such reinstatement occurs within one year of the date of
resignation and further provided that such application for reinstatement
shall be made in writing within such one year period.
Absentee leave. Every member of such police department shall be
entitled, in addition to any vacation or absentee leave now prescribed
by law, to one day of rest in seven. The chief or acting chief of the
police department shall keep a time book showing the name and shield
number of each member of the department and the hours worked by each of
such police officers in each day. The town board may make a variation
from the above prescribed hours of vacation, provided the member shall
receive during each year the actual number of days absentee leave to
which he or she is entitled. The town board, at its option, may, in
addition to the days of rest hereinbefore provided, grant an annual
vacation with pay. Whenever the town board shall designate any police
officer to attend police school, such attendance shall be deemed in the
course of duty and when so attending he or she shall receive his or her
usual pay and reimbursement for actual and necessary expenses. Sick
leave with full pay may be granted whenever such sickness or disability
has been incurred without the delinquency of the police officer.
Special police officers. 1. The town board of any town of the
first class and the town board of any town of the second class which
shall have a population of five thousand or more as shown by the latest
federal census, whether there be a police department in and for such
town or not, may employ temporary police officers from time to time as
the town board may determine their services necessary. Such police
officers shall be known as "special police officers" and shall have all
the power and authority conferred upon constables by the general laws of
the state and such additional powers, not inconsistent with law, as
shall be conferred upon them by the town board. They shall be subject to
the general authority and direction of the town board and to such orders
and regulations as the town board may prescribe, not inconsistent with
law. Such special police officers shall serve at the pleasure of the
town board and the town board shall fix their compensation and may
purchase uniforms and equipment therefor but no such special police
officers shall be appointed nor any expense incurred by reason thereof
unless said town board shall have provided therefor in its annual
budget, previously adopted, and no expenditure shall be made in excess
of the budget appropriation therefor. Such special police shall be
appointed in accordance with the civil service law and rules. Provided,
however, and notwithstanding the foregoing provisions of this section,
the town board of any such town may, when in their judgment necessary
for the preservation of the public peace during any emergency period of
sixty days or less, appoint and at pleasure remove within such period
additional special police officers not exceeding five in number, without
examination, and fix their compensation which shall be a town charge and
be paid from moneys available for expenditure for general town purposes.
2. The town board of a town of the second class which shall have a
population of less than five thousand as shown by the latest federal
census, may adopt a resolution, subject to a permissive referendum,
determining to employ one or more temporary police officers, provided
that such town has a population of one thousand or more according to the
latest federal census or that such town adjoins a city. Towns having a
population in excess of one thousand may employ one additional temporary
police officer for each one thousand population in excess of the first
one thousand but the total number of police officers so employed shall
not exceed five. Such police officers shall be known as "special police
officers" and shall have all the power and authority conferred upon
constables by the general laws of the state and such additional powers,
not inconsistent with law, as shall be conferred upon them by the town
board. They shall be subject to the general authority and direction of
the town board and to such orders and regulations as the town board may
prescribe, not inconsistent with law. Such special police officers shall
serve at the pleasure of the town board and the town board shall fix
their compensation and may purchase uniforms and equipment therefor. The
compensation of such officer or officers, and the expense of the
uniforms and equipment therefor if purchased by the town board, shall be
a town charge and the amount thereof shall be assessed and levied upon
the taxable property of the town and collected in the same manner as
other town charges are assessed, levied and collected.
Notwithstanding such limitations upon their number, any such town may
employ not more than five temporary police officers for a period of not
to exceed three days in any calendar week.
ARTICLE 11 Fire, Fire Alarm and Fire Protection Districts
Establishment and extension of fire, fire alarm and fire
protection districts. 1. The town board of any town or, if the proposed
district or extension includes territory in more than one town, the town
boards of each of the towns in which such proposed district or extension
is situated, acting jointly by a majority vote of the members of each of
such town boards, upon a written petition as hereinafter provided, may
establish or extend fire districts, fire alarm districts and fire
protection districts in said town or towns; provided, however, that any
such district or extension shall be outside of any incorporated village
or city, or existing fire, fire alarm or fire protection district. A
fire district shall not be extended pursuant to the provisions of this
subdivision except upon the consent in writing of a majority of the
commissioners of such fire district. Such consent shall be acknowledged
or proved in the same manner as a deed to be recorded.
2. Upon its own motion and without a petition, the town board of any
town or, if the district as proposed or proposed to be extended includes
territory in more than one town, the town boards of each of the towns
acting jointly by a majority vote of the members of each of such boards
may establish or extend fire districts or fire protection districts in
such town or towns outside of any incorporated village or city or
existing fire, fire alarm or fire protection district therein, after a
public hearing thereon. The notice of such hearing shall be published
and posted and such hearing shall be held in the manner provided in this
article for a hearing upon the establishment of a fire district or fire
protection district upon petition. After such hearing and upon the
evidence given thereat, the town board or boards shall determine by
resolution whether it be in the public interest to establish the
proposed fire district or fire protection district or extend the
existing fire district or fire protection district, as the case may be.
If it be determined that the establishment or extension of such district
be in the public interest, the town board or boards shall determine
whether all the property, property owners and interested persons within
the proposed district are benefited thereby and whether all property or
property owners benefited are included therein and such town board or
boards shall so alter the boundaries of the proposed district or
extension, so that all property and property owners and only such
property and property owners as are benefited shall be included within
its limits. In the event, however, that it is found that any property,
property owners or any interested persons not included in the district,
as originally proposed, will be benefited thereby, a further notice
shall be posted and published and another hearing held as provided
herein, unless all said additional property owners or interested persons
execute and file written consents to be included in such district or
extension. When the boundaries of such fire protection district or
extension shall have been finally determined, the town board or boards
shall adopt a resolution establishing or extending the district and
shall comply with the provisions of subdivision one of section one
hundred seventy-three of this chapter. When the boundaries of such fire
district or extension shall have been finally determined the town board
or boards shall adopt a resolution approving the establishment or
extension of the district, and shall comply with the provisions of
subdivisions two and four of section one hundred seventy-three of this
chapter, other than filing a certified copy of a petition as provided in
such subdivision two. A fire district shall not be extended pursuant to
the provisions of this subdivision except upon the consent in writing of
a majority of the commissioners of such fire district. Such consent
shall be acknowledged or proved in the same manner as a deed to be
recorded.
3. If a fire alarm district or fire protection district is proposed to
be established, or extended, and the district or extension will be
situated in whole or in part in any town which is wholly or partly
within the Adirondack park and has within the town boundaries state
lands subject to taxation assessed at more than thirty per centum of the
total taxable assessed valuation of the town as determined from the
assessment rolls of the town, as completed from time to time, the town
board or boards shall not adopt a resolution establishing or extending
any such fire alarm district or fire protection district unless the
state comptroller, on behalf of the state, previously has consented to
the establishment or extension of the district.
4. Notwithstanding the provisions of subdivision one of this section,
and subdivisions one and two of section one hundred seventy-one of this
chapter, if a fire district embraces an area outside a village and also
embraces more than fifty per centum of the area of such village, and if
the village was incorporated after the fire district was established,
the town board of the town in which such fire district and such village
are situated, after a public hearing and upon the petition of the
village board of such village and the board of fire commissioners of
such fire district, may adopt a resolution, subject to permissive
referendum, extending such fire district to include the portion of such
village which is not in such fire district. The notice of public hearing
shall be posted and published, and such hearing shall be held in the
manner provided in this article for a hearing upon the establishment or
extension of a fire district. The provisions of sections ninety and
ninety-one of this chapter shall apply in relation to such referendum
except that a petition filed pursuant to such section ninety-one only
need be signed by twenty-five qualified electors of the area of such
extension, or if there are not twenty-five electors, then by at least
fifty per centum of the qualified electors of such area. All of the
other provisions of this article not inconsistent herewith shall be
complied with in relation to any such extension.
Petition and hearing. 1. A petition to establish or extend a
fire, fire alarm or fire protection district pursuant to the provisions
of section one hundred seventy of this article shall be 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 resident taxpayers owning
taxable real property aggregating at least one-half of the assessed
valuation of all the taxable real property of the proposed district or
extension thereof owned by resident taxpayers, as such valuations appear
upon the latest completed assessment roll of said town or towns, except
that where there are no resident taxpayers within a proposed fire
protection district or fire alarm district or a proposed extension of a
fire district, fire protection district or fire alarm district then the
petition shall be signed by non-resident taxpayers owning taxable real
property aggregating at least one-half of the assessed valuation of all
the taxable real property in the proposed district or extension as shown
on such last completed assessment roll. If a portion only of a parcel of
such real estate appearing upon the assessment roll is situated within
the proposed district or extension, then the town board or boards may
determine the relative value of that part thereof within the proposed
district or extension, based upon the valuation of the entire parcel as
the same appears upon the assessment roll. If the boundaries of a
proposed fire district as described in the petition therefor shall be
coterminous with those of an existing water supply district having no
bonded indebtedness, the petition may provide for the dissolution of
such water supply district upon the establishment of said fire district
and the assumption by said fire district of all the liabilities and
indebtedness of such water supply district.
2. a. The town board or town boards shall hold a public hearing upon
such petition and shall cause a notice thereof to be published at least
once in a newspaper having general circulation in the territory
affected, the first publication thereof to be not less than ten days nor
more than twenty days before the day designated therein for the hearing,
and the town clerk or town clerks shall cause copies of such notice to
be posted on the sign-board of the town maintained pursuant to
subdivision six of section thirty of this chapter, and conspicuously in
such other places within or without the territory affected as the town
board or town boards may direct, 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. Such notice shall contain a description of the
proposed district or extension, state the estimated rate per thousand
dollars of assessed valuation, based on the aggregate assessed valuation
of taxable real property of the proposed district or extension district
shown in the latest completed final assessment roll, projected to be
assessed, levied and collected for purposes of the proposed district or
extended district for the fiscal year of its operation and specify the
time when and the place where the town board or boards will meet to
consider such petition and to hear all persons interested in the subject
concerning the same. If the petition shall provide for the dissolution
of an existing water supply district upon the establishment of the fire
district, the notice of hearing shall so specify. If, upon the
establishment or extension of a fire district, the fire district would
become the sponsor of a service award program pursuant to section two
hundred sixteen-b of the general municipal law, the notice of hearing
shall so specify and contain a statement of the estimated annual cost of
the service award program to the fire district; provided, however, that
if, upon the establishment or extension of a fire district, the ensuing
fire district would become the sponsor of a service award program
pursuant to section two hundred sixteen-b of the general municipal law,
the resolutions establishing the districts shall be submitted in each
such town in the manner provided by article seven of this chapter. Prior
to the publication of the notice, the board or boards shall cause to be
prepared, and file for public inspection with the town clerk, a detailed
explanation of how the estimated rate of assessment for the proposed
district or extended district was computed.
b. (1) If the permission of the state comptroller is not required
pursuant to section one hundred seventy-three of this article because it
is not proposed to finance an expenditure for the district or extension
by the issuance of bonds, notes, certificates or other evidences of
indebtedness of the fire district, a certified copy of the notice shall
be filed with the state comptroller on or about the date of the
publication of such notice.
(2) Notwithstanding the provisions of subparagraph one of this
paragraph 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.
3. After a hearing held upon notice as hereinbefore provided and upon
the evidence given thereat, the town board or boards shall determine by
resolution:
(a) Whether the petition is signed, and acknowledged or proved, or
authenticated as required by law and is otherwise sufficient;
(b) Whether all the property and property owners within the proposed
district or extension are benefited thereby;
(c) Whether all the property and property owners benefited are
included within the limits of the proposed district or extension;
(d) Whether it is in the public interest to grant in whole or in part
the relief sought.
If the town board shall determine that the petition is not signed, and
acknowledged or proved, or authenticated as required by law or that it
is otherwise insufficient, or if it is determined that it be not in the
public interest to grant in whole or in part the relief sought, the town
board shall deny the petition.
If the town board shall determine that the petition is signed, and
acknowledged or proved, or authenticated as required by law and is
otherwise sufficient and that it is in the public interest to grant the
relief sought, either in whole or in part, but shall find that any part
or portion of the property or property owners within the proposed
district or extension are not benefited thereby or that certain property
or property owners benefited thereby have not been included therein, the
town board shall specify the necessary changes of the boundaries of the
proposed district or extension to be made in order that all of the
property and property owners and only such property and property owners
as are benefited shall be included within such proposed district or
extension, and the board shall call a further hearing at a definite
place and time not less than fifteen nor more than twenty-five days
after such determination. Notice of such further hearing shall be
posted, published and mailed in the manner provided in this section
except that such notice shall also specify the manner in which it is
proposed to alter the boundaries of the proposed district or extension.
Such further hearing shall be conducted in the same manner as an
original hearing upon a petition. If and when the town board shall
determine in the affirmative all of the questions set forth in this
subdivision, the board may adopt a resolution approving the
establishment or extension of the district as the boundaries shall be
finally determined, but no such resolution so approving shall be adopted
unless the petition shall comply with the requirements of this section
as to sufficiency of signers as the boundaries of the proposed district
or extension shall be finally determined.
Alteration of boundaries of fire districts. 1. Irrespective
of the manner of their original establishment, whenever two or more fire
districts adjoin and the boards of fire commissioners of each fire
district affected have agreed by a written memorandum of proposed change
to alter the boundaries of such fire districts, but not in such a manner
as to include territory not previously situate within such fire
districts, nor to exclude territory previously situate therein, and
after a public hearing thereon, held jointly by such fire districts, the
boundaries of such fire districts may be altered in accordance with such
memorandum of proposed change, but not until such proposed change has
been approved by the town board of the town in which such fire districts
are located, or if located in two or more towns, by the town boards of
such towns.
2. Such memorandum of proposed change shall be signed by a majority of
the members of the board of fire commissioners of each fire district and
shall be acknowledged or proved in the same manner as a deed to be
recorded. The members of the board of fire commissioners of each
district affected shall jointly hold a public hearing upon such
memorandum of proposed change and shall cause a notice thereof to be
published at least once in a newspaper having general circulation in the
territory affected, the first publication thereof to be not less than
ten days nor more than twenty days before the day designated therein for
the hearing, and the secretary of the fire districts shall cause copies
of such notice to be posted conspicuously in five public places in the
district at least ten days prior to the date of such public hearing. In
the event that the district maintains a website, one of the posting
requirements may be fulfilled by posting such information on the
website. Such notice shall specify the time when and the place where the
boards of fire commissioners of the districts affected will meet to hear
all persons interested in the subject concerning the same and shall
specify each district affected and shall state in general terms the
manner in which it is proposed to alter the boundaries thereof. Costs of
publication shall be borne equally by each fire district affected.
3. After a hearing held upon notice as hereinbefore provided and upon
the evidence given thereat, the boards of fire commissioners of the
districts affected shall determine by joint resolution:
(a) Whether all the property and property owners within the districts
are benefited by such change.
(b) Whether all the property and property owners within the area of
such boundary change are benefited thereby.
(c) Whether it is in the public interest to grant the boundary line
changes as set forth in the memorandum of proposed change.
If and when the boards of fire commissioners shall determine in the
affirmative all of the questions set forth in this subdivision, the
boards may adopt a resolution jointly approving the boundary line
changes. Such joint resolution and memorandum of proposed change shall
be filed with the town clerk of the town or towns in which such
districts are wholly located and with the assessor of such town or
towns.
4. The proposed change of boundaries shall be deemed to have been
approved pursuant to this section in the event that no action is taken
by the town board or town boards, either approving or disapproving,
within thirty days of receipt of the memorandum of proposed change by
the town clerk or clerks. If the town board or town boards approve such
proposed change, such alteration of boundaries shall be deemed effective
upon the date of such adoption. If the town board of any one of the two
or more town boards in which the fire district is located disapprove
such proposed change of boundaries, then, within ten days after the
adoption of such resolution disapproving such change of boundaries the
town clerk of the town disapproving such change shall notify the fire
districts involved. Any fire district believing itself aggrieved may
within thirty days of receipt of notification commence an appropriate
proceeding in the supreme court of the state of New York in accordance
with article seventy-eight of the civil practice law and rules, naming
the town board or town boards as respondents.
5. In the event that the boundaries of a district having indebtedness,
either bonded or temporary, shall be altered pursuant hereto, such
district shall continue in law as it existed immediately prior to such
change of boundaries for the purpose of paying such indebtedness, and
there shall be annually assessed and levied upon and collected from the
taxable real property within such district as it existed immediately
prior to such alteration of boundaries, in the same manner and at the
same time and by the same officers as town taxes are assessed, levied
and collected, a sum sufficient to pay such indebtedness and interest
thereon as the same shall become due. All and only the real property
within the boundaries of the district as they exist after the alteration
thereof shall be liable for the payment of indebtedness incurred for the
purposes of such district after such alteration. For the purposes
hereof, such alteration of boundaries shall be deemed effective upon the
adoption by the boards of fire commissioners of the affected fire
districts of the resolution providing therefor, unless such resolution
shall specify some other date for such purpose, in which case such
alteration shall be deemed effective upon the date so specified.
Alteration of boundaries of fire protection district. The
town board of a town in which any fire protection district has been
established, or if established in two or more towns, the town boards of
such towns acting jointly by a majority vote of the members of each of
such town boards, upon petition and after a public hearing, or upon the
motion of such town board or town boards after a public hearing, may
alter the boundaries of such fire protection district in accordance with
such petition or motion and exclude from the district territory
previously located therein. Such petition, if any, shall be signed by
resident taxpayers owning taxable real property aggregating at least
one-half of the assessed valuation of all the taxable real property
owned by resident taxpayers in the territory to be excluded and at least
one-half of the assessed valuation of all the taxable real property
owned by resident taxpayers in the remaining territory of the district.
The assessed valuations in either case shall be the assessed valuations
of the taxable real property as shown by the latest completed
assessment-roll of the town. Such petition, if any, shall be 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. Notice of such hearing shall be
given and such hearing held and the subject matter thereof determined in
the manner provided herein for hearings upon the establishment of fire
protection districts, except that the notice of hearing shall state in
general terms the purposes of the hearing and the manner in which it is
proposed to alter the boundaries of the district. Any resolution
altering the boundaries of such fire protection district made upon
motion of the town board or town boards without a petition shall be
subject to a permissive referendum as provided in article seven of this
chapter. For the purposes of this section, the boundaries of such fire
protection district shall be deemed to be altered pursuant to petition
of resident taxpayers and the territory described in the notice
excluded, upon the adoption by the town board or town boards of the
resolution providing therefor, unless such resolution shall specify some
other date for such purpose, in which case such boundaries shall be
deemed to be altered and such territory excluded on the date so
specified, and such alteration of boundaries upon motion of the town
board or town boards without a petition shall become effective as
provided in section ninety-one of this chapter. Unless renegotiated,
any existing contract for the supplying of fire protection to any such
fire protection district shall be carried out in the same manner as if
such boundaries had not been altered or territory excluded from the
district.
Change of name of fire district. The name of a fire district
may be changed upon a resolution of the board of fire commissioners of
such fire district after a public hearing thereon. Such public hearing
shall be held prior to the first day of September in any year. The
notice of such hearing shall state the proposed new name and shall be
published and posted, and such hearing shall be held, in the manner
provided in this article for a hearing upon the establishment of a fire
district upon petition. After such hearing and upon the evidence given
thereat, the board of fire commissioners shall determine by resolution
whether it be in the public interest to change the name of such fire
district. If it be so determined, the board of fire commissioners, by an
approving vote of not less than three-fifths of the voting strength of
the board, shall adopt a resolution establishing the new name for the
fire district to take effect on the first day of January of the next
fiscal year of the fire district. Within ten days after the passage of
such resolution, the fire district secretary shall file a certified copy
of such resolution (1) in the office of the town clerk of each town in
which such district is situated, (2) in the office of the county clerk
of each county in which such district is situated, (3) in the office of
the clerk of the board of supervisors of each county in which such
district is situated, and (4) in the office of the state department of
audit and control at Albany, New York.
Resolution and hearing for diminution of fire district
boundaries. 1. Irrespective of the manner of its original establishment,
whenever a board of fire commissioners resolves, by a two-thirds vote,
to diminish the boundaries of such fire district, so as to exclude
territory previously situate within such fire district, and after a
public hearing thereon, held jointly by the fire district and the town
in which such territory to be excluded is situate, the boundaries of
such fire district may be altered in accordance with such resolution.
2. Such resolution of proposed diminution shall be signed by
two-thirds of the members of the board of fire commissioners and shall
be acknowledged or approved in the same manner as a deed to be recorded.
The members of the board of fire commissioners shall jointly hold a
public hearing with the members of the town board in which such
territory is located and shall cause a notice thereof to be published at
least once in a newspaper having general circulation in the territory
affected. The first publication thereof shall be not less than ten days
nor more than twenty days before the day designated therein for the
hearing. Such notice shall specify the time when and the place where the
board of fire commissioners and the town board will meet to hear all
persons interested in the subject, and shall specify the territory
affected. Cost of publication shall be borne solely by the fire
district. Such notice shall also specify the area to be included in a
proposed fire protection district, which fire protection district shall
include the area of the fire district proposed to be excluded.
3. After a hearing held upon notice as hereinbefore provided and upon
the evidence given thereat, the board of fire commissioners and the town
board shall determine by resolution: (a) Whether all the property and
property owners within the area proposed to be excluded from the
district and included in the fire protection district are benefited
thereby;
(b) Whether all the property and property owners benefited are
included within the limits of the proposed fire protection district;
(c) Whether it is in the public interest to grant in whole or in part
the diminution of the district and the creation of the fire protection
district by the town board.
If the board of fire commissioners and the town board shall determine
that it is in the public interest to diminish the fire district and
create the fire protection district but shall find that any part or
portion of the property or property owners within the proposed area to
be excluded from the fire district are not benefited thereby or that
certain property or property owners benefited thereby have not been
included in the proposed fire protection district, the board of fire
commissioners and the town board shall specify the necessary changes of
the boundaries of the area to be excluded from the fire district and the
boundaries of the fire protection district in order that only such
property and property owners as are benefited, shall be included within
such proposed excluded area and within the fire protection district, and
the board of fire commissioners shall, together with the town board,
call a further hearing at a definite place and time not less than
fifteen nor more than twenty-five days after such determination. Notice
of such further hearing shall be published in the manner provided in
this section except that such notice shall also specify the manner in
which it is proposed to alter the boundaries of the area to be excluded
and the boundaries of the fire protection district. Such further hearing
shall be conducted in the same manner as the original hearing. If, and
when, the board of fire commissioners and the town board shall determine
in the affirmative all of the questions set forth in this subdivision,
the board of fire commissioners may adopt a resolution approving the
diminution of the fire district and the town board may adopt a
resolution approving the establishment of the fire protection district,
all as the boundaries shall be finally determined.
Filing of determination. 1. Whenever the board of fire
commissioners and the town board shall adopt a resolution diminishing
the area of a fire district and including such area in a fire protection
district, the town clerk shall cause a certified copy of such resolution
to be duly recorded in the office of the clerk of the county in which
such fire district and fire protection district are located, and shall,
within ten days cause a certified copy of such resolution to be filed in
the state department of audit and control at Albany, New York. When so
recorded, such resolution shall be presumptive evidence of the
regularity of the establishment of the fire protection district and the
diminution of the fire district. The expense of such recording shall be
a charge against the fire district. The said determination shall be
final and conclusive unless a proceeding has been commenced for a review
in the manner provided by article seventy-eight of the civil practice
law and rules within thirty days from the time of recording thereof.
2. In the event that the boundaries of a fire district having
indebtedness, either bonded or temporary, shall be diminished pursuant
hereto, such district shall continue in law as it existed immediately
prior to such change of boundaries for the purpose of paying such
indebtedness, and there shall be annually assessed and levied upon and
collected from the taxable real property within such district as it
existed immediately prior to such diminution of its boundaries, and in
the same manner and at the time and by the same officers as town taxes
are assessed, levied and collected, a sum sufficient to pay such
indebtedness and interest thereon as the same shall become due. All and
only the real property within the diminished boundaries of the district
as they exist after the diminution thereof shall be liable for the
payment of indebtedness incurred for the purposes of such district after
such diminution. For the purposes hereof, such diminution of boundaries
shall be deemed effective upon the adoption by the town board of the
resolution providing therefor, unless such resolution shall specify some
other date for such purpose, in which case such diminution shall be
deemed effective upon the date so specified.
Filing of determination. 1. Whenever the town board or boards
shall adopt a resolution establishing or extending a fire alarm district
or a fire protection district, or consolidating two or more adjoining
fire districts or fire protection districts, or altering the boundaries
of a fire district or fire protection district, or dissolving a fire
district, a fire alarm district or fire protection district, the town
clerk or clerks shall cause a certified copy of such resolution to be
duly recorded in the office of the clerk of the county or counties in
which such fire district, fire alarm district, fire protection district,
or consolidated or altered fire districts, or consolidated fire
protection districts, are located, and shall, within ten days cause a
certified copy of such resolution to be filed in the state department of
audit and control at Albany, New York. When so recorded, such resolution
shall be presumptive evidence of the regularity of the establishment,
extension, consolidation, dissolution or alteration of such district or
districts. The expense of such recording shall be a charge against the
district or districts. The said determination shall be final and
conclusive unless a proceeding has been commenced for review in the
manner provided by article seventy-eight of the civil practice law and
rules within thirty days from the time of recording thereof.
2. Whenever the town board or boards shall adopt a resolution
establishing or extending a fire district for which it is proposed that
an expenditure is to be financed by the issuance of bonds, notes,
certificates or other evidences of indebtedness of the fire district,
such resolution or determination shall be submitted to the state
comptroller for approval in the following manner:
(a) Within ten days after the adoption of a resolution by a town board
approving the establishment or extension of such a district, the town
clerk of the town shall file a certified copy of such resolution, in
duplicate, in the office of the state department of audit and control at
Albany, New York, together with an application, in duplicate, for
permission to create or extend such district as the case may be. Such
application shall be executed and verified by the supervisor, or by such
other officer of the town as the town board shall determine, and shall
include the following:
(1) A certified copy of the petition, if there is one, omitting,
however, the signatures and acknowledgments or proofs, or
authentications.
(2) An itemized statement of the existing indebtedness of the town,
both temporary and bonded, including the indebtedness of the town for
all special district purposes.
(3) A statement of the aggregate assessed valuation of the taxable
real property situated in the proposed district or extension thereof,
and, if there is a petition, of the portion thereof owned by resident
owners.
(b) Whenever such an application shall be filed in the office of the
department of audit and control, the state comptroller shall within five
days thereafter give notice thereof to the board of supervisors of the
county in which such proposed district or extension is located by filing
with the clerk of such board of supervisors one copy of such
application. At any time within fifteen days of the filing of the
application, said board of supervisors may file an objection, in
writing, in the office of said department of audit and control. In
addition, the state comptroller shall determine whether the public
interest will be served by the creation or extension of the district and
also whether the cost thereof will be an undue burden upon the property
of the proposed district or extension. 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.
3. Upon the expiration of fifteen days from the date of the filing of
such application with the clerk of the board of supervisors and upon
reaching a determination, the comptroller shall make an order, in
duplicate, granting or denying permission for the creation or extension
of the district 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
district or extension is located. The town clerk shall present such
order to the town board of the town at the next meeting thereof.
4. If the state comptroller shall deny permission for the creation or
extension of the district, the town board shall forthwith adopt an order
denying the petition. If the state comptroller shall grant permission
therefor or if permission of the state comptroller is not required, the
town board may adopt an order establishing the district or extension as
the boundaries shall be finally determined. The town clerk shall cause
certified copies of its resolution and such order to be duly recorded in
the office of the clerk of the county or counties in which such fire
district is located. When so recorded such resolution and order shall be
presumptive evidence of the regularity of the establishment or extension
of such district. The expense of such recording shall be a charge
against the district. The said determination shall be final and
conclusive unless a proceeding for review in the manner provided by
article seventy-eight of the civil practice law and rules has been
commenced within thirty days from the time of the recording thereof.
Within ten days after the adoption of such order by the town board,
establishing the district or extension, the town clerk shall cause a
certified copy of such order to be filed in the office of the state
department of audit and control at Albany, New York.
5. If the petition for the establishment of a fire district shall
provide for the dissolution of an existing coterminous water supply
district having no bonded indebtedness, then upon the establishment of
the fire district the district so established shall assume and pay all
the liabilities and indebtedness of the water supply district so
dissolved.
Fire district officers. 1. Whenever a fire district shall be
established, within ten days thereafter the town board of the town in
which such district is located or, in the case of a district including
territory in two or more towns, the town boards of such towns acting
jointly by a majority vote of the members of each of such town boards,
shall appoint five fire district commissioners and a treasurer for such
district who shall hold their respective offices until the thirty-first
day of December next succeeding; provided, however, that if such
district be established subsequent to the first day of October in any
year, the officers so appointed by the town board shall hold office
until the thirty-first day of December of the next succeeding calendar
year. A person so appointed as fire district commissioner shall not
serve as chief or assistant chief of the fire district fire department
after taking his oath of office as such commissioner and during the time
he serves as such commissioner pursuant to such appointment. The town
clerk shall immediately notify the appointees of their appointment and
of the time and place which he shall fix for the organization meeting of
the board of fire commissioners, which meeting shall be held not later
than ten days after the appointment of said officers. At such
organization meeting, the treasurer shall preside until such time as a
chairman of the board of fire commissioners shall be chosen, but such
treasurer shall not be entitled to a vote at such meeting. The board of
fire commissioners shall appoint a secretary who shall hold office until
the thirty-first day of December following the first election of fire
district officers.
2. The first election of fire district officers shall be held on the
second Tuesday in December next succeeding the establishment or
consolidation of such fire district; provided, however, that if such
district be established at a time subsequent to the first day of October
in any year, the first election of fire district officers shall be held
on the second Tuesday in the month of December of the next succeeding
calendar year. At the first annual election of fire district officers,
five district commissioners shall be elected and a treasurer. Every
registered fire district voter shall be entitled to cast one vote for
each vacant position on a board of fire commissioners to be filled in
the first annual election of fire district officers. The person
receiving the greatest number of votes for the office of fire
commissioner shall be elected for a term of five years; the person
receiving the second highest number of votes shall be elected for a term
of four years; the person receiving the third highest number of votes
shall be elected for a term of three years; the person receiving the
fourth highest number of votes shall be elected for a term of two years
and the person receiving the fifth highest number of votes shall be
elected for a term of one year. In the event that two persons shall
receive the same number of votes the terms of office shall be decided by
lot. At each subsequent election of fire district officers a
commissioner shall be elected for the full term of five years. In the
event that two or more persons receive the same number of votes thereat,
a special election between the tying parties receiving the highest
number of votes to fill the vacancy shall be held within forty-five days
after such election. The fire district treasurer shall be elected for a
term of three years. The fire district secretary shall be appointed by
the fire district commissioners and shall serve for a period of one
year. The fire district secretary in office at the time such election is
held shall immediately notify the officers elected of their election and
that an organization meeting will be held on the day specified in said
notice, which shall not be later than the fifteenth day of January next
ensuing. At such organization meeting, the treasurer shall preside until
such time as a chairperson of the board of fire commissioners shall be
chosen, but such treasurer shall not be entitled to a vote at such
meeting.
2-a. The fire district commissioners may adopt a resolution
establishing the office of director of purchasing and appoint a director
of purchasing who shall serve for a term, not to exceed five years, to
be fixed by the fire district commissioners. If the fire district
commissioners so determine, the duties of the director of purchasing may
be combined with the duties of any other fire district officer or
employee except members of the board of fire district commissioners and
the fire district treasurer. The fire commissioners of any fire district
in which the office of director of purchasing shall have been
established may adopt a resolution abolishing such office, and upon the
expiration of the term of office of the incumbent or such other time as
may be set forth in the resolution, such office shall be abolished and
no successor shall be appointed.
3. The fire district commissioners shall receive no compensation for
their services, but a commissioner acting as secretary of the fire
district may be compensated. The fire district secretary shall receive
such compensation as the fire district commissioners may determine, but
if the secretary be a member of the board of fire commissioners his
compensation shall be fixed by the other members of the board. The fire
district treasurer and the director of purchasing, when such office has
been established, shall receive such compensation as the fire district
commissioners may determine. Each fire district treasurer, each
secretary in fire districts having a separate secretary, and each
director of purchasing, when such office has been established, shall
before entering upon the duties of his office take the constitutional
oath of office and file the same with the town clerk of the town or one
of the towns in which such fire district is located. The treasurer of
each fire district shall before entering upon the duties of his office,
execute and file with the town clerk of the town or one of the towns in
which such fire district is located, an official undertaking,
conditioned for the faithful performance of his duties and that he will
and truly keep, pay over and account for all moneys of the fire district
coming into his hands as treasurer of the fire district. The undertaking
shall be in such form, in such sum and with such sureties as the fire
commissioners shall direct and approve and such approval shall be
indicated upon such undertaking. The fire commissioners of any fire
district may require the director of purchasing, when such office has
been established, before entering upon the duties of that office, to
execute and file with the town clerk of the town or one of the towns in
which such fire district is located, an undertaking, conditioned for the
faithful performance of his duties and for a due accounting of all
property that may come under his care, custody and control. Such
undertaking shall be in such form, in such sum and with such sureties as
the fire commissioners shall direct and approve and such approval shall
be indicated upon such undertaking.
4. The fire district treasurer or any commissioner of the fire
district, whenever so appointed, may also act as fire district
secretary. When the position of fire district treasurer or fire district
secretary is appointive, and in the case of the director of purchasing,
when such office has been established, and if no qualified resident of
the district is willing to perform the duties of fire district
treasurer, fire district secretary or director of purchasing, a person
who is a nonresident of such fire district may be appointed as fire
district treasurer, fire district secretary or director of purchasing. A
person shall not hold the offices of fire district commissioner and fire
district treasurer at the same time. A person shall not hold the office
of fire district commissioner and the office of chief or assistant chief
of the fire department of the fire district at the same time.
Notwithstanding any inconsistent provision of law, a person who is a
fire district commissioner, may, if he is otherwise qualified, be a
candidate for nomination, and may be nominated by the fire district fire
department, for the office of chief or any assistant chief of the fire
department, but only if such commissioner has filed with the fire
district secretary at least five days, but not more than ten days,
before the meeting of the fire department at which any such nomination
would be made a written notice that he will be a candidate for such
nomination. If a fire district commissioner is a candidate for
nomination for any such office in the fire department and he is duly
nominated for such office at a meeting of the fire department, he shall
forthwith cease to be a fire district commissioner and his office as
such commissioner shall thereupon become vacant. If a fire district
commissioner is a candidate for nomination for any such office in the
fire department and he is defeated for such nomination at the meeting of
the fire department, he shall not participate in any vote of the board
of fire commissioners in relation to the appointment of the successful
nominee to the office for which such commissioner and such successful
nominee were opposing candidates.
Notwithstanding any inconsistent provision of law, a person who is the
chief or an assistant chief of the fire district fire department, if he
is otherwise qualified, may be elected to the office of fire district
commissioner or may be appointed to the office of fire district
commissioner to fill a vacancy and, if he is so elected or appointed,
his office as chief or assistant chief, as the case maybe, shall become
vacant upon his taking his oath of office as fire district commissioner.
5. A person who has been convicted of arson in any degree shall not be
eligible for nomination, election or appointment to the office of fire
district commissioner or fire district officer.
6. Each commissioner of a fire district before entering upon the
duties of his office, shall take the constitutional oath of office and
file the same with the town clerk of the town or one of the towns in
which such fire district is located.
7. A fire district is a political subdivision of the state and a
district corporation within the meaning of section three of the general
corporation law. The officers and employees of a fire district,
including the paid and volunteer members of the fire department thereof,
are officers and employees of such fire district and are not officers or
employees of any other political subdivision.
Election of fire district officers. 1. An annual election shall
be held in each fire district on the second Tuesday in December, except
that in the Ocean Bay Park fire district, the Lonelyville fire district,
the Davis Park fire district, the Cherry Grove fire district, the Fair
Harbor fire district and the Fire Island Pines fire district, Suffolk
county, such annual election shall be held on the second Tuesday in
July, except that in the town of Salisbury, Herkimer county, such annual
election shall be held on the Tuesday next succeeding the first Monday
in November from six o'clock in the morning until nine o'clock in the
evening and except that in the Belfast fire district, Allegany county,
such annual election shall be held on the first Tuesday in December. The
board of fire commissioners shall give notice thereof by the publication
of a notice once in one or more newspapers having a general circulation
in the district. The first publication of such notice shall be not less
than twenty-seven days and not more than thirty-four days prior to the
date of such election. Such notice shall specify the time when and the
place where such election will be held, the officers to be elected
thereat and their terms of office, and the hours during which the polls
will be open for the receipt of ballots. The secretary of such fire
district shall prepare the ballots for all elections of fire district
officers and the polls shall remain open for the receipt thereof at all
elections of fire district officers from six o'clock in the evening
until nine o'clock in the evening and such additional consecutive hours
prior thereto as the board of fire commissioners of such district may
have determined and specified in the notice thereof. The board of fire
commissioners shall designate a resident fire district elector, who
shall be a registered voter of the town, to act as chairman of any
election of said district and shall designate not less than two nor more
than four resident fire district electors, who shall be registered
voters of the town to act as election inspectors and ballot clerks at
such elections. No elective officer of the fire district shall serve as
such chairman or as an election inspector or ballot clerk. The board of
fire commissioners may adopt a resolution providing that such chairman,
election inspectors and ballot clerks shall be paid for their respective
services at any such annual election or at any special election of the
fire district. Such resolution, if adopted, shall fix the amount of such
compensation, as follows: if the hours during which the polls will be
open for the receipt of ballots are from six o'clock in the evening
until nine o'clock in the evening, a sum not to exceed seventy dollars
for each such official; if additional consecutive hours prior to six
o'clock in the evening are determined and specified in the notice of
election, a sum not to exceed one hundred dollars for each such
official.
2. Every elector of the town who shall be a registered voter and who
shall have resided in the district for the period of thirty days next
preceding any election of fire district officers shall be qualified to
vote for such officers. Every elector of the town who shall be a
registered voter and who shall have resided in the fire district for the
period of thirty days next preceding any election at which a proposition
shall be submitted, shall be qualified to vote upon such proposition.
3. Every fire district commissioner, treasurer and secretary must at
the time of his election or appointment and throughout his term of
office be a resident of such fire district. Membership in a volunteer
fire company shall not disqualify any such fire district commissioner,
treasurer or secretary. A person who has been convicted of arson in any
degree shall not be eligible for election or appointment to the office
of fire district commissioner, treasurer or secretary. Any fire district
commissioner, treasurer or secretary who is convicted of arson in any
degree during his term of office shall be disqualified from completing
such term of office.
4. There shall be conspicuously placed, by the resident fire elector,
distance markers at a distance of one hundred feet from the polling
place. Such distance markers shall be so placed at least one-half hour
before the opening of the polls and shall remain until such polls are
closed. The one hundred foot distance shall be deemed to include a one
hundred foot radial measured from the entrances, designated by the
resident fire elector, to a building where such election is being held.
While the polls are open no person shall do any electioneering within
the polling place, or in any public street within the one hundred foot
radial, or within such distance in any place in a public manner. No
electioneering banner, button, poster or placard on behalf of or in
opposition to any candidate or issue to be voted upon shall be allowed
in or upon the polling place or within such one hundred feet therefrom
during the election. Any person who willfully violates the provisions of
this subdivision shall be guilty of a misdemeanor.
5. All official ballots shall remain in the custody of election
inspectors within the polling place from the opening of the polls until
the announcement of the result of the canvass and the signing of the
inspectors' returns thereof. After the polls shall have been closed at
any election held for the election of fire district officers or to vote
upon a proposition, the election inspectors and ballot clerks shall
immediately canvass publicly the ballots cast and the chairman of the
election shall publicly announce the result. Within seventy-two hours
thereafter, the chairman, election inspectors and ballot clerks shall
execute and file a certificate of the result of the canvass with the
board of fire commissioners and with the town clerk of each town in
which said district or any part thereof may be located.
6. If in any fire district the number of voters is so great as to
render it inexpedient or impossible to conduct the election at one
polling place, the board of fire commissioners may divide the fire
district into election districts and provide a polling place for each
such election district, provided, however, that the number of election
districts in any fire district shall not exceed one for each six hundred
electors plus one for a remaining fraction of six hundred. In such
event, the notice specified in subdivision one of this section shall
describe the election districts and state where the polling places will
be located, and the board of fire commissioners shall designate not less
than two nor more than four resident fire district electors, who shall
be registered voters of the town, to act as election inspectors and
ballot clerks at each such polling place. The board of fire district
commissioners may adopt a resolution providing that such election
inspectors and ballot clerks shall be paid for their respective services
at any such annual election or at any special election of the fire
district. Such resolution, if adopted, shall fix the amount of such
compensation as follows: if the hours during which the polls will be
open for the receipt of ballots are from six o'clock in the evening
until nine o'clock in the evening, a sum not to exceed seventy dollars
for each such official; if additional consecutive hours prior to six
o'clock in the evening are determined and specified in the notice of
election, a sum not to exceed one hundred dollars for each such
official. No elective officer of the fire district shall serve as an
election inspector or ballot clerk.
Registration for voters. 1. The board of fire commissioners
of any fire district may provide by resolution, that a proposition be
submitted at any annual fire district election providing that additional
personal registration of voters not registered with the board of
elections shall be permitted for all elections in such fire district.
Such additional personal registration may be terminated by a resolution
of the board of fire commissioners and the passage of a proposition at
any annual fire district election.
2. Registration for all fire district elections shall be conducted as
follows:
(a) Only those persons registered with the board of elections on or
before the twenty-third day before such election and those persons whose
names are placed on the fire district register pursuant to the
provisions of this section shall be entitled to vote in such district.
(b) In fire districts in which there is additional personal
registration, the board of fire commissioners shall publish a resolution
at least twenty-seven days prior to election day, which shall designate
the dates prior to registration day on which the inspectors of election
shall meet to commence the preparation of the register; the place in
each fire district where such meetings, registration, if any, and
election shall be held; the hours for such meetings, registration, if
any, and election; but in no event shall the hours for registration be
less than the hours from six o'clock in the evening until nine o'clock
in the evening. Such resolution shall be adopted at least thirty days
prior to election day.
(c) In a fire district whose electors have approved additional
personal registration, such registration shall be held on the
seventeenth day prior to the annual fire district election, except in
those fire districts which provide by resolution adopted at least
thirty-seven days prior to the date of the first election for which it
shall be effective, for an additional day of registration to be held on
the nineteenth day prior to the annual fire district election. Such
resolution shall remain in effect for subsequent annual elections,
unless amended, modified or repealed.
3. The register for the annual fire district election shall be
prepared in each fire district by the inspectors of election thereof on
the days prior to registration day, if any, designated therefor, on the
registration day, if any, at the times and places designated by the
resolution of the board of fire commissioners. In preparing such
register, the inspectors of election shall comply with the following
procedure:
(a) They shall adopt, use or copy from, the registration list
certified and supplied by the county board of elections the names
appearing thereon of all persons residing in the fire district and
qualified to vote in such forthcoming annual fire district election and
in those instances in which additional persons are entitled to register
pursuant to this section, such register shall be completed by adding
thereto the names of the persons personally appearing before them and
providing to their satisfaction to then be or at the time of election
qualified to vote.
(b) The register for each fire district shall include as a minimum the
space for the name of the voter, his address within the fire district
and a space for his or her signature to be signed by the voter on
election day. Such register shall also contain a space for the signature
of the voter to be signed by such voter on registration day, if any. If
the register shall contain only space for the name, address and
signature of the voter, the fire district secretary shall furnish a
printed certificate to be signed by the voter who appears personally
before the inspectors of election on registration day if his name does
not already appear on the register. Such certificate shall contain a
statement that the person possesses all the necessary qualifications for
voting in fire district elections. Such certificate shall be accepted
for all purposes as the equivalent of an affidavit, and if it contains a
material false statement, shall subject the person signing it to the
same penalty as if he had been duly sworn, and such provision shall be
printed in bold type directly above the signature line of the
certificate.
4. The fire district secretary shall furnish the inspectors of
election, at fire district expense, with all necessary registration
books, papers, equipment and supplies.
5. Registration for special fire district elections shall be held in
the same manner as is provided herein for annual fire district
elections, and registration days therefor shall be the same as if said
special fire district election were the annual fire district election.
6. In lieu of the provisions for designating the chairman, election
inspectors and ballot clerks, as set forth in subdivision one of section
one hundred seventy-five of this chapter, the board of fire
commissioners shall, by resolution adopted at least forty days prior to
the annual fire district election, designate a resident fire district
elector to act as chairman of any election of said district and shall
designate not less than two nor more than four resident fire district
electors to act as election inspectors and ballot clerks in such
election. Such resolution shall fix the compensation of the chairman and
inspectors and, in addition, the board of fire commissioners may provide
for alternate inspectors who shall assume the office of inspector upon
the inability or refusal of an inspector to assume or perform his duties
and for any clerical help which they may deem necessary. Such clerical
help shall perform their duties under the direction and control of the
chairman and inspectors of election.
Absentee ballots for fire district elections; special
provisions. 1. The board of fire commissioners of any fire district in
which officers are elected, may, by resolution, provide for absentee
ballots for fire district elections, in accordance with the provisions
of this section. Such resolution shall take effect at the first such
election held more than sixty days after its adoption and shall continue
in effect for all such elections until a subsequent resolution providing
otherwise shall, in like manner, have taken effect.
2. a. An applicant for such an absentee ballot shall submit an
application setting forth (1) his or her name and residence address,
including the street and number, if any, or town and rural delivery
route, if any; (2) that he or she is or will be, on the day of the
election, a qualified voter of the district in which he or she resides
in that he or she is or will be, on such date, over eighteen years of
age, a citizen of the United States and has or will have resided in the
district for thirty days next preceding such date; (3) that he or she is
registered in the town; (4) that he or she will be unable to appear to
vote in person on the day of the election for which the absentee ballot
is requested because he or she is, or will be on such day (a) a patient
in a hospital, or unable to appear personally at the polling place on
such day because of illness or physical disability or (b) because his or
her duties, occupation or business will require him or her to be outside
of the county of his or her residence on such day, (c) because he or she
will be on vacation outside the county of his or her residence on such
day; or, (d) absent from his or her voting residence because he or she
is detained in jail awaiting action by a grand jury or awaiting trial or
is confined in prison after conviction for an offense other than a
felony. Such application must be received by the district secretary at
least seven days before the election if the ballot is to be mailed to
the voter, or the day before the election, if the ballot is to be
delivered personally to the voter or his or her agent.
b. (1) Where such duties, occupation or business are of such a nature
as ordinarily to require such absence, a brief description of such
duties, occupation or business shall be set forth in such affidavit.
(2) Where such duties, occupation or business are not of such a nature
as ordinarily to require such absence, such application shall contain a
statement of the special circumstances on account of which such absence
is required.
c. Where the applicant expects in good faith to be absent on the day
of the election because he or she will be on vacation elsewhere on such
day, such application shall also contain the dates upon which he or she
expects to begin and end such vacation, the place or places where he or
she expects to be on such vacation, the name and address of his or her
employer, if any, and if self-employed, a statement to that effect.
d. Where the absence is because of detention or confinement to jail,
such affidavit shall state whether the voter is detained awaiting action
of the grand jury or is confined after conviction for an offense other
than a felony.
e. Where a person is or would be, if he or she were a qualified
voter, entitled to apply for the right to vote by absentee ballot under
the provisions of this section, his or her spouse, parent or child, if a
qualified voter and a resident of the same district, shall be entitled
to vote as an absentee voter upon personally making and signing an
application in accordance with the preceding provisions of this
subdivision and showing that he or she expects to be absent from the
district on the day of the district election by reason of accompanying
or being with the spouse, child or parent who is or would be, if he or
she were a qualified voter, so entitled to apply for the right to vote
by absentee ballot, and, in the event no application is made by such
spouse, child or parent, such further information as the fire district
shall require.
f. Such application shall include the following statement to be
signed by the voter.
I hereby declare that the foregoing is a true statement to the best of
my knowledge and belief, and I understand that if I make any material
false statement in the foregoing statement of application for absentee
ballots, I shall be guilty of a misdemeanor.
Date.....................Signature of Voter.............
g. An applicant whose ability to appear personally at the polling
place of the district of which he or she is a qualified voter is
substantially impaired by reason of permanent illness or physical
disability and whose registration record has been marked "permanently
disabled" by the board of elections pursuant to the provisions of the
election law shall be entitled to receive an absentee ballot pursuant to
the provisions of this section without making separate application for
such absentee ballot, and the secretary of the fire district, upon being
advised by the board of elections on or with the list of registered
voters that the registration record of a voter is marked "permanently
disabled", shall send an absentee ballot to such voter at his or her
last known address by first class mail with a request to the postal
authorities not to forward same but to return same in five days in the
event that it cannot be delivered to the addressee. The election
inspectors of the fire district shall make an appropriate entry on the
registration record indicating the fact that an absentee ballot has been
sent and the date of mailing.
3. If, upon examining the application required under the provisions
of subdivision two of this section, and upon such inquiry as it deems
proper, the election inspectors of the fire district shall be satisfied
that the applicant is a qualified voter of the district, and entitled to
vote by absentee ballot, such election inspectors shall place his or her
name upon a list, thereupon the applicant shall be issued or mailed an
absentee voter's ballot and the election inspectors of the fire district
shall make an appropriate entry on the list indicating that an absentee
ballot has been applied for by, and issued to, the applicant.
4. Ballots for absentee voters shall be, as nearly as practicable, in
the same form as those to be voted at the district election; if the vote
at such election shall be by ballot, the absentee ballot shall conform
to that part of the regular ballot which relates to the election of
district members; if the vote of such election shall be by voting
machine, the absentee ballot shall be, as nearly practicable, in the
same form as those to be voted in the district on election day and shall
contain a space for a write-in or write-ins. On the back of such
absentee ballots shall be printed the words "Official Ballot, Absentee
Voter," followed by the words "For Officers of fire district."
5. a. The board of registration shall enclose each absentee voter's
ballot in an envelope which shall be labelled:
ELECTION MATERIAL
PLEASE EXPEDITE
On one side of such envelope shall be printed:
OFFICIAL BALLOT, ABSENTEE VOTER
at
Fire District Election
Name of Voter.........................................
Residence (street and number, if any).................
City (or Town) of.....................................
County of.............................................
Fire district......................................
The date of the election and name of the district shall be printed,
and the name of the voter, residence and district shall be written in by
the fire district.
b. On the reverse side of such envelope shall be printed the
following statement:
STATEMENT OF ABSENTEE VOTER
I do declare that I will have been a citizen of the United States for
thirty days, and will be at least eighteen years of age, on the date of
the district election; that I will have been a resident of this state
and of the district if any, shown on the reverse side of this envelope
for thirty days next preceding the said election and that I am or on
such date will be, a registered voter of said district; that I will be
unable to appear personally on the day of said district election at the
polling place of the said district in which I am or will be a qualified
voter because of the reason stated on my application heretofore
submitted; that I have not qualified, or do I intend to vote, elsewhere
than as set forth on the reverse side of this envelope; that I have not
received or offered, do not expect to receive, have not paid, offered or
promised to pay, contributed, offered or promised to contribute to
another to be paid or used, any money or other valuable thing, as a
compensation or reward for the giving or withholding of a vote at this
district election, and have not made any promise to influence the giving
or withholding of any such votes; that I have not made or become
directly or indirectly interested in any bet or wager depending upon the
result of this district election; and that I have not been convicted of
bribery or any infamous crime, or, if so convicted, that I have been
pardoned or restored to all the rights of a citizen, without restriction
as to the right of suffrage, or received a certificate of relief from
disabilities or a certificate of good conduct pursuant to article
twenty-three of the correction law removing my disability to register
and vote.
I hereby declare that the foregoing is a true statement to the best of
my knowledge and belief, and I understand that if I make any material
false statement in the foregoing statement of absentee voter, I shall be
guilty of a misdemeanor.
Date..............Signature of Voter..................
c. The envelope shall be gummed, ready for sealing, and shall have
printed thereon, on the side opposite the statement, instructions as to
the duties of the voter after the marking of the ballot, which
instructions shall include a specific direction stating that the
envelope must reach the office of the district not later than five P.M.
on the day of the election in order that his or her vote may be
canvassed.
d. A person who shall make any material false statement in the
statement of absentee voter appearing on the reverse side of the
envelope as provided in this subdivision, shall be guilty of a
misdemeanor.
6. a. The secretary of the fire district shall make a list of all
persons to whom absentee voter's ballots shall have been issued and keep
such list on file in the fire office where it shall be available for
public inspection during regular office hours until the day of the
election. Any qualified voter may, upon examination of such list, file
a written challenge of the qualifications as a voter of any person whose
name appears on such list, stating the reasons for such challenge. Such
written challenge shall be transmitted by the secretary to the
inspectors of election on election day.
b. Such list shall also be posted in a conspicuous place or places
during the election, and any qualified voter may challenge the
acceptance of the absentee voter's ballot of any person on such list, by
making his or her challenge and the reasons therefor known to the
election inspectors before the close of the polls.
7. a. The secretary of the fire district shall be authorized to call
upon the commissioner of police or the county sheriff and the officers
and members of the police force or sheriff's department for such
assistance in the enforcement of the provisions of this section as such
board shall require, and such commissioner and officers and members of
the police force and sheriff's department shall be authorized to render
such assistance.
b. The election inspectors of the fire district may require any
person to attend before them at the office of the secretary of the
district and be examined as to any matter in relation to which such
district is charged with a duty under this section, and may issue a
subpoena therefor. Each member of such election inspectors district
shall be authorized to administer any oath that may be required or
authorized by law in this connection.
8. No absentee voter's ballot shall be canvassed, unless it shall
have been received in the office of the secretary of the district not
later than five P.M. on the day of the election.
9. The secretary of the district shall, on the day of the election,
transmit all absentee voters' envelopes, received by him or her in
accordance with subdivision eight of this section, to the election
inspectors.
10. If, at the district election, any absentee voters' envelopes
shall have been received at the polling place, the election inspectors
immediately after the closing of the polls shall examine them, and shall
compare the signature, if any, on each envelope with the signature, if
any, on the register, of the person of the same name who registered from
the same address. If the signatures are found to correspond, the
election inspectors shall certify thereto by signing their initials
opposite the name of the voter at the appropriate place in the register.
If a person whose name is on an envelope as a voter, shall have already
voted in person at such district election, or if his or her name,
residence and signature, as stated on the envelope, are not on the
register, or if there is no signature on the envelope, this envelope
shall be laid aside unopened and be returned unopened to the secretary
of the district. If such person is found to be registered and has not
so voted in person, and if no objection is made, or if an objection made
be not sustained, the envelope shall be opened and the ballot withdrawn
without unfolding and deposited in the proper box or boxes. At the time
of the deposit of such ballot, the election inspectors shall enter the
words "absentee vote" at an appropriate place in the register.
11. During such examination any qualified voter present in the
polling place may object to the voting of the ballot contained in any
envelope upon the ground or grounds (a) that the person named thereon is
not a qualified voter of the district, or (b) that he or she was within
the county or city while the polls of the election were open, except
where the applicant is a patient in a hospital located within the county
or city or detained or confined in a jail located within the county or
city and except where the ballot was obtained upon the ground of
inability to appear personally at the polling place on the day of the
fire district election because of illness or physical disability, or (c)
that he or she was able to appear personally while the polls were open,
in cases where the ballot was obtained upon the ground that the voter
was a patient in a hospital located within the county or city or
detained or confined in a jail located within the county or city or upon
the ground of inability to appear personally at the polling place on the
day of the election because of illness or physical disability, or (d)
that he or she was not entitled to cast such ballot. An election
inspector shall make such an objection if he or she shall know or
suspect that the person named on such envelope is not such a qualified
voter or was so within the district or was able so to appear personally,
or was not entitled to cast such ballot. The election inspectors shall
forthwith proceed to determine each objection including any written
challenge transmitted to them by the district secretary as provided in
subdivision six of this section. Unless the election inspectors, by
majority vote, shall sustain the objection, the chairman, or if he or
she refuses, another election inspector shall endorse upon the envelope
the objection and the words "not sustained," shall sign such
endorsement, and shall open the envelope and deposit the ballot as
provided in this section. Should the election inspectors, by majority
vote, sustain such objection, the objection and word "sustained" shall
be similarly endorsed upon the envelope, the envelope shall not be
opened nor the ballots therein canvassed, and such envelope shall be
returned unopened to the secretary of the district. If the election
inspectors shall have received an envelope endorsed with the name of a
person who to the knowledge of the election inspectors is deceased on
the day of the election, the election inspectors shall return such
envelope unopened to the secretary of the district with the words
"deceased--objection sustained" endorsed on the envelope.
12. If the election inspectors shall have received an envelope, and
upon opening the same no ballot shall be found therein, the election
inspectors shall make a memorandum showing that the ballot is missing.
When the casting of absentee voters' ballots shall have been completed,
the election inspectors shall ascertain the number of such ballots which
have been deposited in the ballot box by deducting from the number of
envelopes opened the number of missing ballots, and shall make a
separate return thereof in duplicate. The number of absentee voters'
ballots deposited in the ballot box shall be added to the number of
other ballots deposited in the ballot box in order to determine the
number of all ballots to be accounted for in the ballot box. Such
ballots shall then be counted or canvassed by the election inspectors
along with the other ballots cast at such district election, or, where
voting machines are used, shall be added to the votes recorded on such
machines.
13. The provisions of this section shall apply to absentee ballots at
fire district elections, notwithstanding any other provision of law. The
provisions of any other law as they relate to fire district elections
not inconsistent herewith shall apply to the conduct of such elections.
Notice of hearings and elections. 1. In addition to any other
notice or posting requirement, every fire district secretary shall cause
a notice of any upcoming hearing or election to be posted on the fire
district website, if one exists. Such notice shall be posted for at
least fifteen days prior to such hearing or election and shall not be
posted any sooner than twenty days before such hearing or election. If
the fire district maintains a sign board, a copy of such notice shall
also be posted on the sign board.
2. Every fire district secretary shall provide, in a timely manner, a
notice of any upcoming hearing or election to be posted on the municipal
website of any town located within the geographic boundaries of the
district, or any town or fire district with which the district
contracts. Such posting shall only be required if such a website exists.
Such notice shall be posted for at least fifteen days prior to such
hearing or election and shall not be posted any sooner than twenty days
before such hearing or election. In addition, the town clerk shall post
or cause to be posted on the bulletin board in his or her office a copy
of such notice and on the sign board maintained by him or her pursuant
to subdivision six of section thirty of this chapter. The town clerk
shall cooperate with the fire district to ensure the timely notification
of the upcoming hearing or election.
3. The notice required by this section shall specify the time when and
the place where such hearing or election will be held, and, with respect
to elections, the officers to be elected, their terms of office, and
details regarding other matters to be voted on, as well as the hours
during which the polls will be open for the receipt of ballots.
Powers and duties of fire district commissioners. Subject to
law and the provisions of this chapter, the fire district commissioners
of every fire district shall constitute and be known as the board of
fire commissioners of such fire district. Such board of fire
commissioners
1. Shall elect one of their members as chairman at the first meeting
of fire commissioners after such district shall have been established
and annually thereafter at the first meeting thereof following each
election of fire district officers. Such chairman, when present, shall
preside at the meetings of the board of fire commissioners. In the
absence of the chairman the other members may designate one of their
members to act as temporary chairman.
2. Shall appoint a fire district secretary.
2-a. May, notwithstanding the provisions of subdivision two of section
one hundred seventy-four of this chapter, provide by resolution that a
proposition shall be submitted at any annual fire district election,
other than one at which a fire district treasurer is required to be
elected, determining that the office of fire district treasurer shall be
an appointive office in such district. If such proposition be approved
at such election, the office of fire district treasurer shall thereafter
be an appointive office in such district and no fire district treasurer
shall be elected at the expiration of the term of office of the
incumbent elected fire district treasurer. The board of fire
commissioners at its organization meeting shall annually appoint a fire
district treasurer to hold office until the thirty-first day of December
next succeeding his appointment. In any fire district in which the
office of fire district treasurer has been made appointive, the fire
district commissioners shall designate one of their members to act as
temporary chairman at the organization meeting each year until such time
as a chairman of the board of fire commissioners shall be chosen.
In any fire district in which the office of appointed fire district
treasurer may exist, the board of fire commissioners may provide by
resolution that a proposition shall be submitted at any annual fire
district election determining that the office of fire district treasurer
shall be an elective office in such district. If such proposition be
approved at such election, the office of fire district treasurer shall
thereafter be an elective office in such district and a fire district
treasurer shall be elected at the next succeeding annual fire district
election in accordance with the provisions of subdivision two of section
one hundred seventy-four of this chapter and the term of office of the
appointive fire district treasurer for whom such successor shall be
elected shall expire on the thirty-first day of December next succeeding
such annual fire district election.
3. Whenever a vacancy shall occur in any fire district office, the
board of fire commissioners of such district, or a majority of the
members thereof in office may appoint a qualified person to fill the
vacancy. If the appointment be made to fill a vacancy in an appointive
office, the person so appointed shall hold office for the remainder of
the unexpired term. If the appointment be made to fill a vacancy in an
elective office, the person so appointed shall hold office until the
thirty-first day of December next succeeding the first annual fire
district election held thereafter and at such election a successor shall
be elected for the unexpired portion of the term beginning on the first
day of January next succeeding. If a vacancy shall occur in any elective
fire district office after the first day of October in any year, the
person so appointed to fill the vacancy shall hold office until the
thirty-first day of December of the following calendar year and a
successor shall be elected at the annual fire district election held
immediately prior thereto to serve for the unexpired portion of the
term; provided, however, that if a vacancy so occurs in any elective
fire district office, the term of which would expire on the thirty-first
day of December next succeeding, the person so appointed shall hold
office only until such thirty-first day of December.
4. Shall require the fire district treasurer, before entering upon the
duties of his office, to give an official undertaking, conditioned for
the faithful performance of his duties and that he will well and truly
keep, pay over and account for all moneys and property belonging to the
fire district and coming into his hands as such treasurer, in such form,
in such sum and with such sureties as the board of fire commissioners
shall direct and approve and such approval shall be indicated upon such
undertaking, and when approved such undertaking shall be filed in the
office of the town clerk of the town in which such fire district is
located. If such district is situated in more than one town, a duplicate
original of such undertaking, approved by the board of fire
commissioners, shall be filed in the office of the town clerk of each
town in which such district is located. The fire district commissioners
may by resolution determine that such undertaking shall be executed by a
surety company authorized to transact business in the state of New York
and that the expense thereof shall be a charge on the fire district.
4-a. Shall audit all claims against the fire district and shall, by
resolution, order the payment thereof by the fire district treasurer in
the amounts allowed. Except as otherwise provided by this subdivision,
no such claim shall be audited or ordered paid by the board of fire
commissioners unless an itemized voucher therefor, in such form as the
board of fire commissioners shall prescribe, shall have been presented
to the board of fire commissioners for audit and allowance. The board of
fire commissioners may provide by resolution that no such claims may be
presented, audited or paid unless they be either verified under oath,
or, in lieu of such verification, certified, to be true and correct in a
statement signed by or on behalf of the claimant. The provisions of this
subdivision shall not be applicable to claims for the payment of fixed
salaries, compensation for services of officers or employees regularly
engaged by the fire district at agreed wages by the hour, day, week,
month or year unless so required by resolution of the board of fire
commissioners adopted at the organization meeting in the month of
January, the principal of or interest on obligations issued by the fire
district, fixed amounts becoming due on lawful contracts for the
purchase of water for fire protection, and amounts which the fire
district may be required to pay to the state employees' retirement
system on account of contributions for past and current services of
firefighters. The board of fire commissioners may, further, by
resolution authorize the payment in advance of audit of claims for
light, telephone, postage, freight and express charges. All such claims
shall be presented at the next regular meeting for audit, and the
claimant and the officer incurring or approving the same shall be
jointly and severally liable for any amount disallowed by the board of
fire commissioners.
4-b. Any fire commissioner, secretary or treasurer of a fire district
may administer any necessary oath in any matter or proceeding lawfully
before him, or in connection with any paper to be filed with him as such
officer.
4-c. Notwithstanding the provisions of subdivision four-a of this
section, may by resolution establish a petty cash fund for the fire
district treasurer for the payment, in advance of audit, of properly
itemized and verified or certified bills for materials, supplies or
services furnished to the fire district for the conduct of its affairs
and upon terms calling for payment to the vendor upon the delivery of
any such materials or supplies or the rendering of any such services.
The amount of such petty cash fund shall not exceed two hundred fifty
dollars. At the time of any payment from such fund, the treasurer shall
require delivery to him of a bill in form sufficient for audit by the
board of fire commissioners as required by law. At each meeting of the
board of fire commissioners a list of all expenditures made from such
fund since the last meeting of the board, together with the bills
supporting such expenditures, shall be presented by the treasurer to the
board of fire commissioners for audit. The board of fire commissioners
shall direct the treasurer to reimburse such petty cash fund from the
appropriate budgetary item or items, in an amount equal to the total of
such bills which it shall so audit and allow. Any of such bills or any
portion of such bills which the board of fire commissioners shall refuse
to audit and allow shall be the personal liability of the treasurer and
he shall promptly reimburse such petty cash fund in the amount of such
disallowances. If such reimbursement has not been made by the time of
the first payment of salary to the treasurer after the action of the
board of fire commissioners in disallowing an amount so expended, such
amount shall be withheld from such salary payment to the treasurer and,
if necessary, subsequent salary payments and paid into such petty cash
fund until an amount equal to the amount so disallowed in the audit of
the board of fire commissioners has been repaid to the petty cash fund.
Any bond or undertaking filed by the treasurer shall be available to the
fire district for recovery of any losses incurred by reason of the
operation of such petty cash fund.
5. Shall cause a map to be prepared showing the exact boundaries of
the fire district. If such map indicates boundary lines that are
contiguous with an adjacent fire district or fire districts, then such
adjacent fire district or fire districts shall be given written notice,
by certified mail, return receipt requested, addressed to the secretary
of such fire district, of the intention to file a fire district map,
together with a copy of such map. Such notice shall be sent by the
secretary of the fire district preparing such map. If an adjacent fire
district objects to the location of a boundary line affecting such
adjacent fire district, then within forty-five days of the receipt of
such notification and map, such objections shall be filed with the fire
district secretary of the fire district proposing such map and with the
town clerk of each town in which any part of such fire district is
located. If such map does not indicate any boundary lines contiguous
with an adjacent fire district or fire districts, then a certified copy
of such map shall be filed by the secretary of the fire district with
the town clerk of each town in which any part of the fire district is
located for approval by the town board and, when so approved and filed
by the secretary of the fire district, in the office of the town clerk
and filed by the secretary of the fire district in the office of the
county clerk in which said fire district or any part thereof shall be
located, shall constitute presumptive evidence of the boundaries of the
fire district. If such map indicates any boundary lines that are
contiguous with an adjacent fire district, such map shall be submitted
by the secretary of the fire district to the town clerk of each town in
which any part of the fire district is located, together with proof of
service upon such adjacent fire district or fire districts of such
proposed map, and that more than forty-five days have elapsed since such
service was made. In addition, if objections have been filed, then a
verified statement either amending the proposed map to meet such
objections or denying such objection in whole or in part, shall also be
filed. If the objections are denied, the town board in which town such
disputed boundary line is located shall, within thirty days after the
submission of all proofs, objections and denials, cause the town
engineer, if there be one, or, if not, hire a licensed land surveyor, to
survey the boundary line or lines. If the disputed line or lines lie in
more than one town, the town boards, acting jointly by a majority vote
of the members of each such town shall determine which town engineer or
licensed land surveyor shall survey the boundary line or lines. The cost
of this survey, if any, shall be borne equally by the fire districts
involved. Upon receipt by the town board or town boards of the survey of
the disputed boundary line or lines, each involved fire district shall
be immediately notified by the town clerk or town clerks. If no
objections are served upon the town clerk or clerks by adjacent fire
districts within sixty days of receipt of such notification or the
boundary line or lines have been adjusted to meet objections, then
thereafter and within twenty days, the town board or town boards if one
disputed line or lines lie in more than one town shall cause a public
hearing to be held, at which hearing owners of real property in the
affected area shall be given an opportunity to be heard. Upon the
conclusion of said public hearing, the town board shall determine the
disputed line or lines, and if the disputed line or lines lie in more
than one town, the town boards acting jointly by a majority vote of the
members of each such town board shall determine the disputed line or
lines and a copy of such map, as finally approved by the town board or
town boards, shall be filed in the office of the town clerk or clerks
and certified copy shall be filed in the office of the county clerk in
which said fire district or any part thereof shall be located. Such map
shall then constitute presumptive evidence of the boundaries of the fire
district. The town clerk shall notify each affected fire district of the
filing of such map in such town clerk's office or offices and in the
office of the county clerk. The town clerk or clerks shall also publish
a notice of the filing of said map in the official paper of the town or
towns. Any fire district believing itself aggrieved or aggrieved
property owner may within thirty days of receipt of notification or
publication commence an appropriate proceeding in the supreme court of
the state of New York, in accordance with article seventy-eight of the
civil practice law and rules, naming the involved fire district and the
town board or boards as respondents. All fire district maps heretofore
approved by the town board of each town in which any part of the fire
district is located and which map was filed in the office of the clerk
of each town in which said fire district is located and filed in the
office of the county clerk in which said fire district or any part
thereof is located, prior to the first day of January, nineteen hundred
eighty-one, shall continue to be presumptive evidence of the boundaries
of such fire district.
6. Shall give notice of annual elections in the manner provided in
this article.
7. Shall require that candidates for district offices file their names
with the secretary of the fire district at least twenty days prior to
the date of such fire district elections and in addition may provide by
resolution that such nominations be submitted in petition form
subscribed by twenty-five qualified voters of the district. Thereafter
the ballots prepared for the election of fire district officers shall
specify the names of the candidates duly filed and in addition provide
proper blank spaces for each office to be filled at such election. If
any such resolution shall be adopted, the requirements thereof shall be
specified in the notice of each fire district election held thereafter.
The board of fire commissioners may rescind such resolution at any time
and thereafter fire district officers shall be elected as otherwise
provided herein.
8. Shall appoint officials for fire district elections as provided in
section one hundred seventy-five of this chapter and may provide for
their compensation pursuant to such section.
9. Shall have the power to make any and all contracts for the purposes
herein authorized within the appropriations approved by the taxpayers of
the district or within the statutory limitations specified herein.
10. May organize, operate, maintain and equip fire companies,
including the purchase of uniforms to be used by the members of such
companies, and provide for the removal of such members for cause.
11. May adopt rules and regulations governing all fire companies and
fire departments in said district and prescribing the duties of the
members thereof and enforce discipline and provide for public drills,
parades, funerals, inspections and reviews of the fire district fire
department, or any company or unit thereof, within the fire district or
at other places within the state, any adjoining state or in Canada. Such
rules and regulations shall not authorize any member of the board of
fire commissioners to interfere with the duties of the chief or
assistant chief at such times as the fire department or any company or
squad thereof is on duty.
11-a. The members of the fire department of the fire district shall
meet at a time and place designated by the board of fire commissioners
on the Thursday following the first Tuesday in April of each year and
nominate persons for the offices of chief and such assistant chiefs as
may be provided for in the rules and regulations adopted by the board of
fire commissioners. If the Thursday following the first Tuesday in April
falls upon a day of special religious observance, the board of fire
commissioners may designate any other weekday in April after such
Thursday as the day upon which to hold such meeting. Each nominee shall
be a member of the fire department. In addition, the board of fire
commissioners may by resolution require that any or all of such fire
department officers shall be residents of the fire district. All
nominations shall be made by ballot. The person acting as secretary of
such meeting shall promptly notify the fire district secretary in
writing of such nominations. The board of fire commissioners at its
meeting next succeeding the making of such nominations shall consider
the same and shall appoint such persons to the offices to which they
have been respectively nominated or, if a nomination is not approved the
board of fire commissioners shall call another meeting of the members of
the fire department at which a new nomination shall be made to take the
place of any nomination not approved, which procedure shall continue
until a full set of officers is approved. Any such person shall assume
the duties of his office as soon as he has been appointed thereto by the
board of fire commissioners and shall serve until his successor is
appointed. A person who has been convicted of arson in any degree shall
not be eligible for nomination, election or appointment to the office of
fire department chief or assistant chief. Any fire department chief or
assistant chief who is convicted of arson in any degree during his term
of office shall be disqualified from completing such term of office.
11-b. The members of the fire department at a regular or special
meeting of the department held after the month of April but prior to the
month of November in any year may adopt a resolution recommending that
future meetings for the nomination of the chief and assistant chiefs be
held in December, either on the first Thursday, the first Saturday, the
Thursday following the first Tuesday, the Saturday following the first
Tuesday, the Thursday following the second Tuesday, or the Saturday
following the second Tuesday in such month, instead of April as provided
in subdivision eleven-a of this section. Provided, however, the Davis
Park fire department may adopt a resolution to hold future meetings, for
nomination of chief and assistant chiefs, on the last Sunday in
September; the Caton fire district may adopt a resolution to hold future
meetings, for nominations of chief and assistant chiefs, on the second
Tuesday in December; the Cherry Grove fire department may adopt a
resolution to hold future meetings, for nomination of the chief and
assistant chiefs, on the third Saturday in September; and the Fair
Harbor fire department may adopt a resolution to hold future meetings,
for nomination of the chief and assistant chiefs, on the third Sunday in
September. The notice or call for such meeting shall specify that such a
resolution will be offered to be voted upon at such meeting. If such
resolution is adopted, the board of fire commissioners may adopt a rule
or regulation providing that future meetings for the nomination of chief
and assistant chiefs shall be held in December, either on the first
Thursday, the first Saturday, the Thursday following the first Tuesday,
the Saturday following the first Tuesday, the Thursday following the
second Tuesday, the Saturday following the second Tuesday in such month,
the last Sunday in September in the Davis Park fire department, the
second Tuesday in December in the Caton fire district, the third
Saturday in September in the Cherry Grove fire department, or the third
Sunday in September in the Fair Harbor fire department, as specified in
the fire department resolution, instead of April as provided in
subdivision eleven-a of this section. Each nominee shall be a member of
the fire department. In addition, the board of fire commissioners may by
resolution require that any or all of such fire department officers
shall be residents of the fire district. All nominations shall be made
by ballot. The person acting as secretary of such meeting shall promptly
notify the fire district secretary in writing of such nominations. The
board of fire commissioners at its organization meeting in the month of
January next succeeding the making of such nominations shall consider
the same and shall appoint such persons to the offices to which they
have been respectively nominated or, if a nomination is not approved the
board of fire commissioners shall call another meeting of the members of
the fire department at which a new nomination shall be made to take the
place of any nomination not approved, which procedure shall continue
until a full set of officers is approved. Any such person shall assume
the duties of his office as soon as he has been appointed thereto by the
board of fire commissioners and shall serve until his successor is
appointed. A person who has been convicted of arson in any degree shall
not be eligible for nomination, election or appointment to the office of
fire department chief or assistant chief. Any fire department chief or
assistant chief who is convicted of arson in any degree during his term
of office shall be disqualified from completing such term of office.
If the date of meetings for the nomination of chief and assistant
chiefs is changed from April to September or December pursuant to the
foregoing provisions of this subdivision, the members of the fire
department at a regular or special meeting of the department held after
the month of April but prior to the month of November in any year may
adopt a resolution recommending that future meetings for the nomination
for such officers shall be held in April pursuant to the provisions of
subdivision eleven-a of this section. The call for such meeting shall
specify that such a resolution will be offered to be voted upon at such
meeting. If such a resolution is adopted, the board of fire
commissioners may adopt a rule or regulation providing that future
meetings for the nomination of chief and assistant chiefs shall be held
in April pursuant to the provisions of subdivision eleven-a of this
section and that the provisions of such subdivision eleven-a shall again
become applicable.
11-c. May adopt a resolution to employ paid firefighters and paid fire
officers including but not limited to a paid chief of the fire district
department, provide for their powers and duties, determine the chain of
command in the fire department as between volunteer and paid
firefighters, determine that paid chief and/or any other paid officers
shall have charge of apparatus and other equipment, and determine that
the volunteer firefighters and volunteer officers of the fire department
shall act under the orders and control of such paid fire officers. The
board of fire commissioners may adopt a resolution to appoint a paid
chief of the fire district department only after holding a public
hearing prior to adopting such resolution. The notice of such hearing
shall be published and posted and such hearing shall be held in the
manner provided in section one hundred seventy-one of this article for a
hearing upon the establishment of a fire district. The notice shall
state the reason for the hearing including but not limited to the
proposed employment of and proposed salary for the paid chief.
12. May contract for a supply of water and for the furnishing,
erection, maintenance, care and replacement of fire hydrants, including
the erection and maintenance of markers therefor, and removal of snow
and ice to provide access thereto, for fire purposes for a period not
exceeding five years without any appropriation vote therefor by the
qualified voters of such district.
12-a. In order to provide a supply of water for firefighting purposes
for any area of a fire district which does not have an adequate and
available supply or which cannot be suitably supplied by contract
pursuant to subdivision twelve of this section, (1) may purchase
permanent or temporary rights to take water from cisterns, wells, and
bodies of water and water-courses within the fire district, or may lease
such rights, and (2) may purchase, construct or lease, and maintain,
fire suction pools in bodies of water and water-courses, fire cisterns
and fire wells, including necessary pipes, pumps, hydrants and other
facilities in connection therewith, and may purchase and lease necessary
real property and rights in land and water therefor. The water and
improvements shall be used for fire-fighting purposes only and the water
shall not be sold. The fire suction pools, fire cisterns and fire wells
shall be fenced or covered to prevent trespass by children and domestic
animals. Any such improvement shall be located upon real property within
the fire district which is owned or leased by the fire district or upon
which an easement has been acquired by the fire district, except such
portions of the improvement which are located within the bounds of
public highways, roads or streets with the consent of the state or local
official charged with the supervision of the highway, road or street.
The board of fire commissioners may purchase insurance to protect the
fire district from liability for damage to persons or property resulting
from the maintenance of any such improvement by the fire district. If,
after proceeding pursuant to this subdivision, an adequate and available
supply of water for fire-fighting purposes becomes available for such
area or if a suitable supply may be obtained therefor by contract
pursuant to subdivision twelve of this section, the fire district,
nevertheless, may continue to act pursuant to this subdivision.
13. May purchase or lease apparatus and equipment for the
extinguishment and the prevention of fires and for the purposes of
emergency rescue and first aid and fire police squads.
14. For the preservation, protection and storing of fire apparatus and
equipment and for the social and recreational use of the firefighters
and residents of the district and for any of the purposes authorized by
law, may acquire by purchase, lease, gift, devise or by condemnation,
real property and erect, construct, alter, repair and equip suitable
buildings, and may furnish necessary supplies for such purposes, and may
lease portions thereof not required for fire district purposes. All real
property required by any fire district for any purpose authorized by
this article shall be deemed to be required for public use and may be
acquired by such fire district.
15. May construct and maintain an adequate fire alarm system in said
district.
16. May contract to provide outside of the fire district (1) fire
protection, (2) emergency service in case of accidents, calamities or
other emergencies, or (3) general ambulance service pursuant to the
provisions of section two hundred nine-b of the general municipal law,
upon such terms as the board of fire commissioners may determine proper,
provided that such service can be supplied without undue hazard to the
fire district furnishing the service. Whenever the fire department or
fire company of a fire district provides any such service to outside
territory pursuant to a contract, as aforesaid, the board of fire
commissioners of such fire district may pay to the fire department of
such fire district, or to any fire company or companies of such fire
district, performing the service, such portion of the contract price as
such board may deem proper, but not in any event to exceed thirty-five
per centum of such contract price. The amount received pursuant to any
such contract may be expended without being included in the amount that
may be expended annually without the adoption of a proposition therefor
as provided in subdivision numbered eighteen of this section and in
section one hundred seventy-nine of this chapter.
17. May employ an attorney to counsel and assist in the discharge of
its official duties and give it such professional services as it may
require in conducting or defending any action or legal proceedings. If
the town attorney shall be so employed he shall receive, in addition to
his salary as town attorney, such compensation from the fire district as
shall be agreed upon between the commissioners of the fire district and
such town attorney, notwithstanding the provisions of section
twenty-seven of this chapter.
18. May, without the adoption of a proposition, expend from the fire
district revenues for any fiscal year amounts appropriated for
(1) the payments under contracts made pursuant to subdivisions twelve
and twenty-two of this section,
(2) the payments required under a lease to provide a supply of water
for fire fighting purposes entered into pursuant to subdivision twelve-a
of this section,
(3) the payment of the principal of and interest on bonds, bond
anticipation notes and capital notes issued by the fire district, and
budget notes issued pursuant to the provisions of subdivisions five, six
and seven of paragraph a of section 29.00 of the local finance law, and
interest on tax anticipation notes issued pursuant to the provisions of
paragraphs c-1 and c-2 of section 24.00 of the local finance law,
(4) the compensation of paid fire district officers, fire department
officers, firefighters and other paid personnel of the fire department,
(5) contributions to the New York state employees' retirement system
and the New York state and local police and fire retirement system on
account of past and current services of paid fire district officers and
employees, including the paid officers, firefighters and other personnel
of the fire department,
(6) an assessment, charge, share or other payment required to be paid
as the result of the participation by the fire district in any county
self-insurance plan under article five of the workmen's compensation
law,
(7) the cost of insurance secured to indemnify the fire district
against liability for benefits or compensation required to be paid or
furnished under or pursuant to the volunteer firefighters' benefit law
and workers' compensation law, or for the payment of the benefits or
compensation required to be paid or furnished under or pursuant to such
laws by a fire district which is a self-insurer under such laws, to the
extent that such benefits and compensation have not been recovered in
such fiscal year under section twenty of the volunteer firefighters'
benefit law or section twenty-nine of the workers' compensation law,
(7-a) the payment required annually to fund service awards to
volunteer firefighters made pursuant to article eleven-A of the general
municipal law,
(8) the cost of blanket accident insurance purchased under the
provisions of section four thousand two hundred thirty-seven of the
insurance law to insure volunteer firefighters against injury or death
resulting from bodily injuries sustained by such firefighters in the
performance of their duties,
(9) medical, surgical, hospital or other care or treatment and medical
inspections required in connection with the disability of paid fire
department personnel pursuant to section two hundred seven-a of the
general municipal law, to the extent, if any, that such charges will not
be paid by an insurance carrier or county self-insurance plan under the
workmen's compensation law or have not been recovered in such fiscal
year under such section two hundred seven-a or under section twenty-nine
of the workmen's compensation law,
(10) employer's contributions for old age and survivors insurance
coverage under article three of the retirement and social security law,
(11) the payment of the principal of and interest on indebtedness
evidenced by tax anticipation notes issued pursuant to subdivision one
of paragraph d of section 24.00 of the local finance law in relation to
newly-created fire districts under subdivision twenty-six of this
section, and
(12) the payment of compromised claims and judgments under
subdivisions twenty-eight and thirty of this section;
(13) the cost of insurance secured to indemnify the fire district
against liability arising out of the ownership, use or operation of
motor vehicles owned by the fire district; and
(14) the payment of monetary rewards pursuant to subdivision
thirty-one of this section.
(15) the cost of fuel for the fire district emergency vehicles,
including fuel tax carry-overs.
(16) the cost of audits required pursuant to section one hundred
eighty-one-a of this article.
(17) the cost of insurance secured to indemnify the fire district
against liability for benefits required to be paid or furnished pursuant
to the enhanced cancer disability benefit established in section two
hundred five-cc of the general municipal law, or for the payment of
benefits required to be paid or furnished pursuant to such law by a fire
district which is a self-insurer under such law.
In addition to such expenditures, the board of fire commissioners of any
fire district may, without the adoption of a proposition therefor,
expend from the first district revenues for any fiscal year for purposes
authorized by or pursuant to law not to exceed two thousand dollars and
in districts having a full valuation of real property taxable for fire
district purposes in excess of one million dollars an additional amount
equivalent to one mill for each dollar of full valuation of taxable real
property in excess of the first million dollars of full valuation of
such taxable real property. Such full valuation shall, for the purposes
of this subdivision, be computed by dividing the assessed valuation of
the real property subject to taxation by the fire district, as shown on
the assessment roll for the fire district which was completed in the
second calendar year prior to that in which the expenditure is to be
made, by the town equalization rate established for such roll by the
state board of equalization and assessment. Where, in the case of a
newly-created fire district, there is no such completed assessment roll
for such fire district, full valuation shall be determined from the
assessment roll upon which the real property included within the
district was assessed for town purposes and which was completed in the
second calendar year prior to that in which the expenditure is to be
made. In any fire district the foregoing limitations provided in this
subdivision may be exceeded if a proposition has been adopted pursuant
to paragraph (d) of subdivision one of section one hundred seventy-nine
of this chapter.
The foregoing limitations on expenditures shall not be applicable to
the proceeds of a contract for fire department services entered into
pursuant to the provisions of subdivision sixteen of this section and
such proceeds may be expended for purposes authorized by or pursuant to
law.
The foregoing limitations on expenditures shall not be applicable to
appropriations to or expenditures from a repair reserve fund,
contingency and tax stabilization reserve fund, capital reserve fund,
debt stabilization fund, workers' compensation reserve fund, mandatory
reserve fund, unemployment insurance reserve fund or liability and
casualty reserve fund established pursuant to sections six-d, six-e,
six-g, six-h, six-j, six-l, six-m and six-n of the general municipal
law, or to the use of the income and capital gains realized on the
investments of the assets of such funds.
The foregoing limitations on expenditures shall not be applicable to
the use of premiums from the sale of fire district obligations, the
unexpended portion of the proceeds of fire district obligations, the
income and capital gains realized on the temporary investment of the
proceeds, inclusive of premiums, of fire district obligations, as
provided in section 165.00 of the local finance law.
The foregoing limitations on expenditures shall not be applicable to
the use of the proceeds of a gift or gifts given to a fire district, and
such proceeds may be expended for purposes authorized by or pursuant to
law.
The provisions of this subdivision shall not be deemed to prevent the
issuance of bonds, bond anticipation notes, capital notes or budget
notes to finance any object or purpose for which the fire district may
expend money.
The foregoing limitation on expenditures shall not be applicable to
the use of insurance proceeds received for the loss, theft, damage or
destruction of real or personal property when proposed to be used or
applied to repair or replace such property. Such proceeds may be
appropriated by resolution of the board of fire commissioners at any
time for such objects and purposes.
The foregoing limitation on expenditures shall not be applicable to
contributions to the state's unemployment insurance fund on account of
salaries paid to fire district officers and employees, including the
paid officers, firefighters and other personnel of the fire department.
18-a. May employ such persons as may be necessary to effectuate the
objects and purposes of the district. Persons may be employed as paid
firefighters, however, only after a public hearing in relation to such
employment. Any such hearing shall be held by the board of fire
commissioners and the notice of the hearing shall state the time when
and place in the district where the hearing will be held, the number of
paid firefighters to be employed and the total annual amount to be spent
for the salaries or other compensation of such firefighters. The notice
shall be published in the official newspaper of the district at least
once not more than twenty nor less than ten days before the hearing.
19. Shall have the exclusive management and control of the property of
the fire district and may insure the same against loss or damage from
any risk whatsoever and may contract at the expense of the district for
insurance indemnifying the district, its officers, agents, employees and
the members of all fire companies against any loss arising from injuries
to persons or property through the operation and maintenance of such
fire district and the performance of the duties thereof and insure the
members of the fire department of the district against injury or death
in the performance of their duties, or both.
20. May grant or withhold its consent to the formation of a fire
corporation which intends to operate within the territory of such fire
district, pursuant to subdivision (f) of section four hundred four of
the not-for-profit corporation law.
21. Shall have and exercise all the powers conferred upon the fire
district and such additional powers as shall be necessarily implied
therefrom.
22. (a) May contract for the furnishing of fire protection within the
fire district with any city, village, fire district, or incorporated
fire company having its headquarters outside such fire district and
maintaining adequate and suitable apparatus and appliances for the
furnishing of fire protection in such district; provided there is no
fire company maintaining its headquarters in said district or provided
the fire department of said district is, in the judgment of such fire
commissioners, unable to render adequate and prompt fire protection to
such district or any area thereof. The contract also may provide for the
furnishing of (i) emergency service in case of accidents, calamities or
other emergencies in connection with which the services of firefighters
would be required and (ii) general ambulance service subject, however,
to the provisions of section two hundred nine-b of the general municipal
law. In the event that the fire department or fire company furnishing
fire protection within the district pursuant to contract does not
maintain and operate an ambulance and provision has not otherwise been
made for ambulance service for the area of the district pursuant to
section one hundred twenty two-b of the general municipal law then a
separate contract may be made for the furnishing within the district of
emergency ambulance service or general ambulance service, or both, with
any city, village or fire district the fire department of which, or with
an incorporated fire company having its headquarters outside the
district which, maintains and operates an ambulance subject, however, in
the case of general ambulance service, to the provisions of section two
hundred nine-b of the general municipal law.
(b)(i) Except as provided in subparagraph (ii) of this paragraph,
prior to commencing the negotiation process for such contract with an
incorporated fire company, the incorporated fire company shall file with
the board of fire commissioners a statement itemizing the estimated
costs of the incorporated fire company attributable to the provision of
services under the prospective contract. The estimated costs
attributable to the provision of services under the prospective contract
itemized in the statement shall include, at a minimum, those, if any,
for: supplies; materials; operation, maintenance and repair of equipment
and apparatus; insurance; training; protective clothing, gear and other
personnel costs; building rental, maintenance and operation; and a
specified proportionate share of capital costs. If the fire company is
required to prepare any of the following documents, copies shall be
included with the statement:
(1) the fire company's most recent annual report of directors pursuant
to section five hundred nineteen of the not-for-profit corporation law;
(2) the fire company's most recent verified certificate pursuant to
subdivision (f) of section fourteen hundred two of the not-for-profit
corporation law;
(3) the fire company's most recent internal revenue service form 990;
and
(4) the fire company's most recent annual report pursuant to section
thirty-a of the general municipal law.
(ii) The provisions of subparagraph (i) of this paragraph shall not
apply to the renewal of a contract when the contract is deemed renewed
in accordance with paragraph (e) of this subdivision. Upon good cause
shown, the board of fire commissioners may, by resolution, waive in
whole or in part the requirement that the fire company file the
statement, and copies of documents, required by subparagraph (i) of this
paragraph.
(c) The contract shall not be entered into until a public hearing has
been held by the board of fire commissioners. Notice of the hearing
shall be published at least once in at least one newspaper having
general circulation in the district. The notice shall specify the time
when and place where the hearing will be held, and describe in general
terms the proposed contract. The first publication thereof shall be at
least ten days prior to the day specified for the hearing.
(d) Except as hereinafter provided, the term of the contract shall be
for a definite period of time, but in no event shall the term exceed
five years. The contract year or years in all such contracts entered
into after the year nineteen hundred sixty shall terminate on December
thirty-first.
(e) Instead of being for a definite term as hereinabove provided, the
contract may be for an original term of one calendar year or less and
provide that it shall be deemed renewed on the same basis each year
thereafter for a further term of one full calendar year without any
further public hearing unless one of the contracting parties shall
notify the other in writing on or before the first day of August that it
elects to terminate the contract on December thirty-first in that year.
The term of any such contract, including renewals, shall not exceed five
years, but the contract may provide that there shall be less than four
such renewals. If the city, village or fire district fire department or
fire company which is to furnish the service under such a contract is
not a fully paid department or company, the city, village or fire
district governing board upon the request of the department or company,
shall terminate the contract as provided in this paragraph. Any contract
entered into pursuant to this paragraph may provide that in the month of
July of each year in which such a renewal could occur the fire district
secretary shall notify the secretary of the fire department or fire
company which is to furnish the service under the contract that the
contract shall be deemed renewed on the same basis for a further full
term of one calendar year unless one of the contracting parties shall
notify the other in writing on or before the first day of August that it
elects to terminate the contract on December thirty-first in such year.
(f) The contract shall specify a definite sum to be paid each year for
all of the services to be rendered thereunder and may provide that such
amount shall be paid in one sum or in installments.
(g) By mutual consent of the contracting parties, and after a public
hearing held pursuant to notice in the manner aforesaid, any such
contract heretofore or hereafter executed may be (i) amended, (ii)
terminated, or (iii) terminated and a new contract may be entered into
in lieu thereof, if the board of fire commissioners, after such hearing,
shall determine by resolution, that it is in the public interest so to
do. Such notice shall state in general terms the reason why any existing
contract is to be amended or terminated, and if a new contract is to be
entered into the notice shall also describe the new contract in general
terms.
(h) The term "fire protection", as used in this subdivision, includes
inspections of buildings and properties in the fire district for the
purposes specified in and as authorized by section eight hundred seven-a
of the education law, subdivision four of section three hundred three of
the multiple residence law, and section one hundred eighty-nine of the
town law.
(i) The provisions of this subdivision shall not be deemed to have
amended subdivision two of section two hundred nine-b or section two
hundred nine-d of the general municipal law, or any other general,
special or local law requiring the consent of a fire department, fire
company or an emergency rescue and first aid squad to the entering into
of a contract for services to be performed by such department, company
or squad.
23. May sell or otherwise dispose of real and personal property of the
district no longer necessary for any of its uses or purposes if, when
and in the manner and to the extent authorized so to do in a proposition
which is duly submitted and adopted or approved at a special or annual
fire district election in the manner provided by section one hundred
seventy-nine of this article for voting upon appropriations, except that
if a proposition shall be submitted pursuant to the provisions of said
section for the purchase of apparatus or if a proposition shall be
submitted pursuant to the local finance law for the approval of a bond
resolution or a capital note resolution for obligations to be issued for
the purchase of apparatus, such proposition may specify that apparatus
or equipment owned by the district or the proceeds of the sale thereof
is to be used in part payment for new apparatus and the adoption of such
proposition shall authorize the sale or such other disposition of such
apparatus or equipment, or if apparatus or equipment is to be purchased
without the submission of a proposition as aforesaid apparatus or
equipment owned by the district may be used as part payment for new
apparatus or equipment without the adoption of a proposition therefor,
and except also that the board of fire commissioners may at any time
sell or otherwise dispose of real and personal property of the district
no longer necessary for any of its uses or purposes if valued at less
than one hundred thousand dollars but not below twenty thousand dollars,
if, when and in the manner and to the extent authorized so to do in a
resolution which shall be subject to a permissive referendum governed in
the manner provided in subdivision seven of section six-g of the general
municipal law and except also that the board of fire commissioners may
at any time sell or otherwise dispose of real and personal property of
the district no longer necessary for any of its uses or purposes without
the adoption of a proposition therefor if the value of such real and
personal property does not exceed the sum of twenty thousand dollars.
23-a. Shall award all contracts for public work and, except when the
office of director of purchasing has been established and a director of
purchasing shall have been appointed and qualified, all purchase
contracts to the lowest responsible bidder after advertisement for bids
where so required by section one hundred three of the general municipal
law. In any case of a purchase from a manufacturer of a motor vehicle
used for fighting fires, whether or not including apparatus used in
connection with such motor vehicle, having a period of probable
usefulness of ten years as determined by section 11.00 of the local
finance law, advertisement for sealed bids may be made and the purchase
contract may be awarded for such motor vehicle and apparatus with the
provision, if the board of fire commissioners shall so specify, that
progress payments be made to the manufacturer as the motor vehicle or
apparatus or both progresses, provided that evidence satisfactory to the
board of fire commissioners as to the progress of such work be produced
with each request by the manufacturer for a progress payment, and
further provided that such progress payments shall not exceed four in
number and that at least twenty-five per cent of the contract price of
the motor vehicle or apparatus or both be withheld by the board of fire
commissioners until such motor vehicle or apparatus or both are
delivered to and accepted by the board of fire commissioners, and
further provided that every such contract providing for progress
payments shall be accompanied by a surety bond of a property/casualty
insurance company, as defined in section one hundred seven of the
insurance law, for the completion of the work, specified in the
contract, within the amount stipulated therein, which bond shall be
filed with the board of fire commissioners.
24. May enter into an agreement with the town in which the fire
district is located in whole or in part for the fire district to issue
fire permits on behalf of the town as provided in and subject to the
provisions of sections one hundred thirty-nine and one hundred
seventy-six-a of this chapter and may terminate any such agreement as
provided in such section one hundred thirty-nine.
25. Shall have power to cause investigations to be made to determine
whether the provisions of laws relating to fire prevention and fire
equipment are being complied with within the fire district and, in case
there is found what appears to be a violation of any town building code
or of any town ordinances, rules and regulations for fire prevention, or
for the removal or repair of unsafe buildings or collapsed structures,
shall report the same to the town building inspector appointed pursuant
to section one hundred thirty-eight of this chapter, or, if there be no
such official, to the town board, for appropriate action.
26. The amount of any indebtedness incurred by a newly created fire
district prior to the first fiscal year for which an annual estimate is
adopted, and the amount of the interest thereon, shall be included in
the first statement of expenditures of the district submitted pursuant
to section one hundred eighty-one of this chapter and shall be assessed
and levied on the taxable property of such district and collected in the
same manner and at the same time as the other amounts included in such
statement of expenditures. The amount so raised shall not be subject to
the limitations of subdivision eighteen of this section.
27. Shall have power to establish within the fire district one or more
zones in which the rate of tax for fire district purposes shall be
different from the rate for other zones or for the portion of the
district not included in any zone, after a public hearing thereon. The
notice of such hearing shall be published and posted and such hearing
shall be held in the manner provided in this article for a hearing upon
the establishment of a fire, fire alarm or fire protection district upon
petition, except that the secretary of the board of fire commissioners
shall perform the duties of the town clerk. Such notice shall specify
the boundaries of the proposed zone or zones and the items of expense of
the district which shall be charged against such zone or zones, other
than those charged against the district as a whole, or the other
respects in which the rates of tax for the proposed zone or zones are to
be different from the rates for the remainder of the district. After
such hearing and upon the evidence given thereat, the board of fire
commissioners shall determine by resolution whether it be in the public
interest to establish the proposed zone or zones. If it be determined
that the establishment of such zone or zones be in the public interest,
such board shall determine whether all the property, property owners and
interested persons within the proposed zone or zones are benefited
thereby or enjoy benefits greater than are conferred upon the remainder
of the district, and whether all property or property owners benefited
or who enjoy such benefits are included within such zone or zones, and
it shall so alter the boundaries of such zone or zones that all property
and property owners and only such property and property owners as are
benefited and enjoy such benefits shall be included within the limits of
such zone or zones. In the event, however, that it is found that any
property, property owner or any interested persons not included in the
zone or zones as originally proposed will be benefited thereby or enjoy
such benefits, a further notice shall be posted and published and
another hearing held as provided herein, unless all said additional
property owners or interested persons affected file a written consent to
be included in such zone or zones. When the boundaries of such zone or
zones shall have been finally determined by such board, a certificate
thereof shall be filed in the office of the town clerk or, if the
district be situated in more than one town, in the offices of the town
clerks of all of the towns in which such district is situated, and such
zone or zones shall be deemed established by the filing of such
certificate. Such board shall also cause such zone or zones to be
correctly marked upon the map of the fire district. It is intended that
the provisions of this subdivision shall apply, for example, so as to
permit one rate of taxation within a given distance of the fire house,
where insurance rates are lower, and another rate for a greater distance
from the fire house, or one rate for that portion of the district which
does not have water hydrants and another rate for that portion of the
district which has water hydrants, or in the event of any other unusual
circumstances making the establishment of a zone or zones desirable.
After such zone or zones shall be established, the annual statement of
expenditures, filed pursuant to section one hundred eighty-one of this
chapter, shall specify the amounts to be raised by taxation in said zone
or zones, which are not to be a general charge against all of the
property of the fire district, and such amounts shall be levied only
upon the property included in such zone or zones. Notwithstanding any
other provision of this chapter, the petition for the creation of a fire
district may provide for the establishment of a zone or zones as
aforesaid, and the town board or boards in the creation of the fire
district may establish such separate zone or zones in the same manner
that they established the fire district, but the provisions relating to
the establishment of zones by the board of fire commissioners of a fire
district shall be followed so far as applicable. In case a petition for
the creation of a fire district calls for the establishment of such a
zone or zones, the notice of the public hearing with respect to the
creation of the fire district shall contain information similar to that
required to be contained in the notice given by the secretary of the
board of fire commissioners where the zone or zones are to be created by
the board of fire commissioners and the town board or boards shall have
all of the powers of a board of fire commissioners with respect to the
creation of such zone or zones. The board of fire commissioners of a
fire district in which a zone or zones shall have been established as
hereinbefore provided may alter the boundaries of any such zone or zones
or cause any such zone or zones to be abolished by procedure similar to
that provided in this section for the establishment of a zone or zones
by the board of fire commissioners.
28. May compromise any suits or claims now existing or hereafter
arising against the fire district under section two hundred five-b of
the general municipal law, and a tax may be levied against the taxable
property of the fire district for such purpose in addition to the sums
authorized by subdivision eighteen of this section, without the adoption
of a proposition therefor, provided, however, that such compromise shall
have been approved by the court in which such action is pending, or if
not pending in any court, by a justice of the supreme court of the
judicial district in which such fire district is located, on motion of
either party supported by the affidavits of both an officer of such fire
district and the claimant or claimants, and the affidavits of such other
persons as the court or justice may require, setting forth facts
sufficient to establish the liability of the fire district and its lack
of adequate defense.
29. May authorize the use of voting machines at any annual or special
election held within the fire district and such voting machine shall be
used in accordance with the provisions contained in article nine of the
election law.
30. May provide by taxation the sum necessary to pay any judgment
recovered against the fire district, or may provide such sum, in whole
or in part, pursuant to the local finance law and any taxes levied for
such purpose against the taxable property of the fire district shall be
in addition to the sums authorized by subdivision eighteen of this
section without the adoption of a proposition therefor.
31. May offer monetary rewards, in sums not to exceed one thousand
dollars, to individuals for information leading to the arrest and
conviction of any person or persons for felonies or misdemeanors
directly connected to vandalism or theft of district property. Such
rewards may be offered on any conditions the board may determine,
subject to whatever qualifications it may deem appropriate.
32. May engage a certified public accountant or public accountant to
audit the accounts and fiscal affairs of the fire district.
33. May authorize the use of fire equipment and apparatus belonging to
the fire district for the purpose of participation in the funeral of a
deceased member or former member of a fire department or fire company
within the district including the transportation of the body of the
deceased firefighter.
34. May adopt a resolution authorizing the application of the
agricultural value assessment established pursuant to article
twenty-five-AA of the agriculture and markets law to the special
assessment or special ad valorem levy made on behalf of the district on
land benefitting from the agricultural value assessment under article
twenty-five-AA of the agriculture and markets law located within the
district. A copy of this resolution shall be delivered to the assessor
or assessors of the unit or units in which the district is located and
shall be effective on the assessment roll prepared after the next
taxable statue date following its adoption. A resolution repealing this
exemption shall be delivered to the assessor or assessors of the
assessing unit or units in which the district is located and shall be
effective on the assessment roll prepared after the next taxable status
date following its adoption.
Duties of chief and assistant chiefs of fire department of
fire district. 1. The chief shall, under the direction of the board of
fire commissioners, have exclusive control of the members of the fire
department of the fire district at all fires, inspections, reviews and
other occasions when the fire department is on duty or parade; he shall
also have supervision of the engines, fire trucks, pumpers, hose wagons
and other apparatus and of the equipment and other property used for the
prevention or extinguishment of fire and of all officers and employees
of the fire department. He shall see that the rules and regulations of
the board of fire commissioners are observed and that the orders of the
board of fire commissioners are duly executed. He shall, whenever
required by the board of fire commissioners, report to said board the
condition of the property of said fire district and such other
information as may be required of him. He shall hold the members,
officers and employees of the fire department strictly to account for
neglect of duty and may suspend them for improper conduct, subject to
the action of the board of fire commissioners at its next meeting. In
case of the disability or absence of the chief, the first assistant
chief, and in the case of the disability or absence of both the chief
and first assistant chief, the other assistants, in numerical order,
shall perform the duties and exercise the powers of the chief. When the
fire department or any company or squad thereof is on duty no member of
the board of fire commissioners shall interfere with the duties of the
chief or assistant chief.
2. If an agreement in relation to the issuance of fire permits is
entered into between the town board and the board of fire commissioners
pursuant to section one hundred thirty-nine and subdivision twenty-four
of section one hundred seventy-six of this chapter, the duties performed
for the fire district by the chief, or an assistant chief, of the fire
district fire department in relation to the issuance of the fire permit,
or any preliminary investigation in connection therewith shall, in the
case of any such officer who is a volunteer firefighter, be deemed to
have been performed by him or her in his or her capacity as such and to
be a duty within the meaning of paragraph c of subdivision one of
section five of the volunteer firefighters' benefit law and shall, in
the case of any such officer who is a paid firefighter, be deemed to
have been performed by him or her in his or her capacity as such and to
be a duty within the meaning of section two hundred seven-a of the
general municipal law and other laws applicable in the event of injuries
to or death of paid firefighters in line of duty. A chief or an
assistant chief who is a volunteer firefighter shall not receive any
remuneration for his or her services in relation to the issuance of such
permits and any investigation in relation thereto, and any such officer
who is a paid firefighter shall not receive any additional remuneration
above his or her regular salary for any such service. Any such officer
shall, however, be entitled to his or her actual and necessary travel
expenses or mileage in connection with such services as provided in
section one hundred seventy-eight-c of this article.
Volunteer members of fire district fire companies. 1. The
volunteer members of a fire company shall be elected and appointed as
provided in this section.
2. The board of fire commissioners shall appoint residents of the fire
district as the volunteer members of any newly organized fire company.
Thereafter, the fire company may elect other eligible persons, including
fire district officers, as volunteer members. The election shall be
pursuant to the by-laws, if any, of the fire company; otherwise, by a
three-fourths vote of the members of the fire company present and voting
at a regular or special meeting thereof. The membership of any person so
elected shall become effective when approved by resolution of the board
of fire commissioners. Membership shall be deemed to have been approved
pursuant to this subdivision in the event that no action is taken by the
board of fire commissioners, either approving or disapproving, within
forty days after service of written notice of election to membership
shall have been made by the secretary of the fire company upon the
secretary of the board of fire commissioners, either personally or by
mail.
3. Any person elected to membership as a volunteer member of a fire
company shall be a resident of the fire district or of territory outside
the fire district which is afforded fire protection by the fire
department of the fire district, or any fire company thereof, pursuant
to a contract for fire protection, except as otherwise provided in
subdivision six.
4. The membership of a volunteer member of a fire company shall
terminate when he ceases to be a resident of the fire district or of any
territory outside the fire district which is afforded fire protection by
the fire department of the fire district, or any fire company thereof,
pursuant to a contract for fire protection, except as otherwise provided
in subdivision five.
5. Any fire company may authorize the continued membership of any
volunteer member where such member notifies the secretary of his or her
fire company (a) that he or she plans to change his or her residence to
territory which is not in the fire district and is not protected by the
fire department of the district, or any fire company thereof, pursuant
to a contract for fire protection, and (b) that by reason of his or her
residence in the vicinity or his or her usual occupation he or she will
be available to render active service as a volunteer firefighter in the
fire district or in territory outside the fire district which is
afforded fire protection pursuant to a contract for fire protection by
the fire department of the fire district, or a fire company thereof.
Such authorization shall be pursuant to the by-laws, if any, of the fire
company of which he or she is a member, otherwise by a three-fourths
vote of the members of such fire company present and voting at a regular
or special meeting thereof. Such authorization shall not become
effective unless approved by resolution of the board of fire
commissioners. Such authorization shall be deemed to have been approved
pursuant to this subdivision in the event that no action is taken by the
board of fire commissioners, either approving or disapproving, within
forty days after service of written notice of such authorization shall
have been made by the secretary of the fire company upon the secretary
of the board of fire commissioners, either personally or by mail. Any
membership continued pursuant to the provisions of this subdivision
shall terminate when the member cannot meet either the requirements of
this subdivision or the residence requirements of subdivision three of
this section. In the case of a fire district which adjoins another
state, the term "vicinity", as used in this subdivision, includes
territory in this state and territory in the adjoining state.
6. A person who cannot meet the residence requirements of subdivision
three of this section may be elected to membership as a volunteer member
of any fire company of the fire department if by reason of his or her
residence in the vicinity or his or her usual occupation he or her will
be available to render active service as a volunteer firefighter in the
fire district or in territory which is afforded fire protection pursuant
to a contract for fire protection by the fire department of the fire
district, or a fire company thereof. Such election shall be pursuant to
the by-laws, if any, of the fire company; otherwise by a three-fourths
vote of the members of the fire company present and voting at a regular
or special meeting thereof. The membership of any person so elected
shall not become effective unless approved by resolution of the board of
fire commissioners. Membership shall be deemed to have been approved
pursuant to this subdivision in the event that no action is taken by the
board of fire commissioners, either approving or disapproving within
seventy days after service of written notice of election to membership
shall have been made by the secretary of the fire company upon the
secretary of the board of fire commissioners, either personally or by
mail. The membership of any volunteer member elected pursuant to the
provisions of this subdivision shall terminate when the member cannot
meet either the requirements of this subdivision or the residence
requirements of subdivision three of this section. In the case of a fire
district which adjoins another state, the term "vicinity", as used in
this subdivision, includes territory in this state and territory in the
adjoining state.
7. (a) The membership of any volunteer firefighter shall not be
continued pursuant to subdivision five of this section, and persons
shall not be elected to membership pursuant to subdivision six of this
section, if, by so doing, the percentage of such non-resident members in
the fire company would exceed forty-five per centum of the actual
membership of the fire company, provided however, that the provisions of
this subdivision shall not apply to the memberships of the Shelter
Island Heights fire district, the Cherry Grove fire district, the Fire
Island Pines fire district, the Davis Park fire department, and the Cold
Spring Harbor fire district in Suffolk county, the New Hampton fire
district, the Mechanicstown fire district, the Pocatello fire district,
the Washington Heights fire district and the Good Will fire district in
Orange county, the Jericho fire district, the Westbury fire district and
the Roslyn Rescue Hook and Ladder Company, No. 1 in Nassau county, the
Orangeburg fire district in Rockland county, the South Lockport Fire
Company and the Terry's Corners volunteer fire company in Niagara
County, the Taunton fire district and the Onondaga Hill fire department
in Onondaga county, the Town of Batavia fire department in Genesee
County, the Schuyler Heights fire district, the Boght Community fire
district and the Slingerlands fire district I in Albany county, the town
of Providence fire district in Saratoga county, the River Road fire
district, No. 3 and the Armor Volunteer Fire Company in Erie county, the
Sir William Johnson Fire Company in Fulton county, the Fort Johnson Fire
district in Montgomery county or the memberships of the Millwood fire
district, the Purchase Fire District, the North Castle South Fire
District, No. 1 in Westchester county, the Thornwood fire company, No. 1
in Westchester county and the Rockland Lake fire district in Rockland
county.
(b) Upon application by a fire district or fire company to the state
fire administrator, the requirements of paragraph (a) of this
subdivision shall be waived, provided that no adjacent fire district
objects within sixty days of notice, published in the state register.
Any such objection shall be made in writing to the state fire
administrator setting forth the reasons such waiver should not be
granted. In cases where an objection is properly filed, the state fire
administrator shall have the authority to grant a waiver upon
consideration of (1) the difficulty of the fire company or district in
retaining and recruiting adequate personnel; (2) any alternative means
available to the fire company or district to address such difficulties;
and (3) the impact of such waiver on adjacent fire districts.
8. The board of fire commissioners by resolution may restrict the
membership of volunteer members in any or all of the fire companies of
the fire department to residents of the fire district. Any volunteer
member who then resides in territory outside the fire district shall
cease to be a member of any fire company to which the restriction is
applicable unless the resolution provides that his membership shall
continue during the existence of any contract for fire protection to
such territory by his company or during the period in which he may
continue to meet the requirements of subdivision three, five or six.
9. Residents of outside territory which is protected pursuant to a
contract for fire protection who have been elected to volunteer
membership, and non-residents whose volunteer memberships have been
continued or authorized pursuant to subdivision five or six of this
section may be elected or appointed to any office in the fire company or
fire department and, shall have all the powers, duties, immunities, and
privileges of resident volunteer members, except a non-resident of this
state whose membership has been continued pursuant to subdivision five
of this section, or a non-resident of this state who was elected to
membership pursuant to subdivision six of this section, shall not be
considered to be performing any firemanic duty, or to be engaged in any
firemanic activity, as a member of the fire company while he or she is
outside of this state unless and until he or she has first reported to
the officer or firefighter in command of his or her fire department, or
any company, squad or other unit thereof, engaged or to be engaged in
rendering service outside this state, or has received orders or
authorization from an officer of the fire department or fire company to
participate in or attend authorized activities outside of this state in
the same manner as resident members of the fire company.
10. A person shall not be eligible to volunteer membership in more
than one fire company at one time.
11. The term "contract for fire protection" as used in this section
means one under which a cash consideration is received by the fire
district or by the fire department or a fire company thereof for the
furnishing of fire protection to an area outside the fire district. Any
such contract shall be deemed in full force and effect for the purposes
of this section if negotiations are pending for the renewal thereof.
12. The provisions of this section shall not be deemed to authorize
the election of any person as a member of a fire company, or the
continuance of membership in a fire company as herein provided, if such
election or continuance of membership shall be contrary to the by-laws,
rules or regulations of the fire company or of the fire department of
the fire district.
13. Any person:
(1) who was recognized prior to the first day of July, nineteen
hundred fifty-four, as a volunteer member of any fire company of the
fire district by the board of fire commissioners of the fire district or
by the officers and members of his fire company, and
(2) who rendered active service with such fire company prior to such
date, and
(3) who was, at the time of his or her election to membership, a
resident of the fire district or of territory outside the fire district
which was afforded fire protection by the fire department of the fire
district, or any fire company thereof, pursuant to a contract for fire
protection,
shall for all purposes in law be considered to have been duly elected
and appointed to membership in such fire company as of the date of such
appointment, if any, and, if none, then as of the date of such election;
notwithstanding that there may have been some legal defect in such
election, or the proceedings precedent thereto, or a failure of the
board of fire commissioners to appoint such member, as provided by the
law in force at the time of such election, and the status of such person
as a volunteer firefighter as of the date of such appointment or
election is hereby legalized, validated, and confirmed. This
subdivision shall not apply to a person, if any, whose volunteer
membership in a fire company was declared invalid by a court of
competent jurisdiction prior to the first day of January, nineteen
hundred fifty-five.
14. Any person:
(1) who was recognized on and after the first day of July, nineteen
hundred fifty-four and prior to the first day of January, two thousand
eleven, as a volunteer member of any fire company of the fire district
by the board of fire commissioners of the fire district or by the
officers and members of his fire company, and
(2) who rendered active service with such fire company between such
dates, and
(3) who was, at the time of his election to membership, a resident of
the fire district or of territory outside the fire district which was
afforded fire protection by the fire department of the fire district, or
any fire company thereof, pursuant to a contract for fire protection,
or, who was a nonresident who was elected to membership or who was
continued as a member, pursuant to the provisions of subdivision five or
six of this section, shall for all purposes in law be considered to have
been duly elected and approved, or continued, as a member in such fire
company as of the date of such approval, if any, and, if none, then as
of the date of such election or, in the case of a continuance, as of the
date of the approval, if any, by the board of fire commissioners, and,
if none, as of the date of authorization of continuance by the fire
company; notwithstanding that there may have been some legal defect in
such election, or the proceedings precedent thereto, or a failure of the
board of fire commissioners to approve such member, or approve the
continuance of membership of such member, as provided by the law in
force at the time of such election or continuance, and the status of
such person as a volunteer firefighter as of such date is hereby
legalized, validated, and confirmed. This subdivision shall not apply to
a person, if any, whose volunteer membership in a fire company was
disapproved by the board of fire commissioners or declared invalid by a
court of competent jurisdiction prior to the first day of January, two
thousand eleven.
15. (a) It shall be an unlawful discriminatory practice for any
volunteer fire department or fire company, through any member or members
thereof, officers, board of fire commissioners or other body or office
having power of appointment of volunteer firefighters in any fire
department or fire company pursuant to this section, because of the
race, creed, color, national origin, sex or marital status of any
individual, to exclude or to expel from its volunteer membership such
individual, or to discriminate against any of its members because of the
race, creed, color, national origin, sex or marital status of such
volunteer members.
(b) Any person claiming to be aggrieved by an unlawful discriminatory
practice pursuant to this section may by himself or his attorney at law
make, sign and file with the state division of human rights, a verified
complaint which shall set forth the particulars of the alleged unlawful
discriminatory practice and contain such other information as the
division of human rights may require. The division shall thereupon cause
to be made an investigation and disposition of the charges pursuant to
the provisions of article fifteen of the executive law.
16. A person who has been convicted of arson in any degree shall not
be eligible to be elected or appointed as a volunteer member of a fire
company. The membership of any volunteer member of a fire company shall
immediately terminate if he is convicted of arson in any degree while a
member of a fire company.
17. Upon application by any person for membership in a fire company
operating pursuant to this section, the fire chief shall cause the
applicant's background to be checked pursuant to section eight hundred
thirty-seven-o of the executive law for a criminal history involving a
conviction for arson and conviction of a crime which requires the person
to register as a sex offender under article six-C of the correction law.
Where such criminal history information includes conviction of a crime
which requires the person to register as a sex offender under article
six-C of the correction law, a fire company shall determine whether or
not such person shall be eligible to be elected or appointed as a
volunteer member of such fire company. Such determination shall be made
in accordance with the criteria established in sections seven hundred
fifty-two and seven hundred fifty-three of the correction law.
Removal of fire commissioners. Any fire commissioner may be
removed for dereliction of duty. Dereliction of duty shall include, but
not be limited to, excessive unexcused absences from regularly scheduled
meetings. These criteria for removal are in addition to the criteria
provided in section thirty-six of the public officers law. Any removal
pursuant to this section shall take place pursuant to the procedure for
removal established in section thirty-six of the public officers law.
Funding of fire districts. Notwithstanding any other
provision of law to the contrary, a fire district may include as part of
its budget an appropriation to fund an annual firefighters'
inspection-dinner for each fire company within the fire district.
Training requirements for fire commissioners. Each fire
commissioner shall attend and successfully complete a
commissioner-specific state-approved training course within two hundred
seventy days of the taking of such office. The course will contain
training related to legal, fiduciary, financial, procurement, and
ethical responsibilities and such other disciplines as may be prescribed
by the state comptroller. Such course shall be prescribed and certified
in rules promulgated by the state comptroller. The manner, frequency,
and duration of such course shall be established by such rules. Course
materials should be made available upon request. When approved by the
board of fire commissioners in advance of a commissioner attending such
training course, the actual and necessary expenses incurred by a
commissioner in successfully completing the training required by this
section shall be a charge against the fire district.
Powers and duties of fire district treasurer. The fire district
treasurer shall be the fiscal officer of the fire district and shall
receive and have the custody of the funds of the district and shall
disburse the same for the purposes herein authorized when so ordered by
resolution of the board of fire commissioners, except that no such
resolution of the board of fire commissioners shall be required for the
payment of fixed salaries, compensation for services of officers or
employees regularly engaged by the fire district at agreed wages by the
hour, day, week, month or year unless so required by resolution of the
board of fire commissioners adopted at the organization meeting in the
month of January, the principal of or interest on obligations issued by
the fire district, fixed amounts becoming due on lawful contracts for
the purchase of water for fire protection, and amounts which the fire
district may be required to pay to the state and local employees'
retirement system on account of contributions for past and current
services of firefighters. All such disbursements shall be made by check
payable to the order of the person or persons entitled thereto. The fire
district treasurer shall also be responsible for filing any paperwork
necessary to obtain permits or secure any refunds provided pursuant to
section three hundred seventy-eight-a of the public authorities law. The
board of fire commissioners shall designate in the manner provided by
section ten of the general municipal law the depositaries in which the
fire district treasurer shall, within ten days, deposit and secure all
moneys coming into his or her hands by virtue of his or her office.
At the annual organization meeting of the board of fire commissioners
of a fire district the fire district treasurer shall account with the
board of fire commissioners for all moneys received and disbursed by him
during the preceding fiscal year and shall produce all books, records,
receipts, orders, vouchers and cancelled checks or check images as
authorized by section ninety-nine-b of the general municipal law
respecting the same. At such meeting the fire district treasurer shall
file with the board of fire commissioners a statement in writing showing
his receipts and disbursements for the preceding fiscal year, which
statement shall be in detail and shall be entered in the minutes of the
meeting by the fire district secretary, except that the fire district
treasurer, if authorized by the board of fire commissioners at a meeting
held prior to the annual organization meeting, may within sixty days
after the end of the fiscal year, submit to the said board a copy of the
annual report required by section thirty of the general municipal law,
in lieu of such statement, in which case the fire district treasurer
shall account for all moneys received and disbursed by him during the
preceding fiscal year, and shall produce all books, records, receipts,
orders, vouchers and cancelled checks or check images as authorized by
section ninety-nine-b of the general municipal law respecting the same,
at the meeting of the board of fire commissioners at which the said
annual report is submitted or at the next meeting held subsequent to the
submission of the report if not submitted at a meeting of the board, in
lieu of producing such records at the annual organization meeting. Such
authorization shall remain in effect from year to year until rescinded
by the board of fire commissioners. The annual report shall be entered
in the minutes of the meeting by the fire district secretary. The board
of fire commissioners may require the fire district treasurer to submit
to the board of fire commissioners at any time for examination his
books, records, receipts, orders, vouchers and cancelled checks or check
images as authorized by section ninety-nine-b of the general municipal
law.
Powers and duties of deputy fire district treasurers. The
board of fire commissioners of any fire district may appoint a deputy
fire district treasurer to hold office until the thirty-first day of
December next succeeding his appointment. During the absence or
inability to act of the fire district treasurer, or while the office of
fire district treasurer is vacant, the deputy fire district treasurer
shall be vested with all of the powers and may perform all of the duties
of the fire district treasurer under this chapter or any other law,
including the provisions of subdivision four of section one hundred
seventy-six of this chapter relating to the giving and filing of an
official undertaking. The fire district treasurer shall not be liable
for the acts of a deputy fire district treasurer.
Powers and duties of the director of purchasing. In any fire
district in which the office of director of purchasing has been
established and a director of purchasing shall have been appointed and
qualified, the director of purchasing shall make all purchases and all
contracts for supplies, materials and equipment of every nature for the
fire district within budgetary appropriations provided therefor. Before
making any purchase, the director of purchasing shall comply with such
rules and regulations in relation thereto as may be established by
resolution of the fire commissioners and such provisions of law as may
be applicable thereto, including article five-A of the general municipal
law.
Powers and duties of fire district secretary. The fire district
secretary shall attend all meetings of the board of fire commissioners,
act as clerk thereof, and keep a complete and accurate record of the
proceedings of each meeting and of all propositions, rules and
regulations adopted pursuant to this article. The fire district
secretary shall have such additional powers and perform such additional
duties as the board of fire commissioners may determine, not
inconsistent with law.
Expenses incurred in attending town and county officers
training school. The actual and necessary expenses incurred by a fire
district officer or person duly elected as a fire district officer, in
attending a course of training for his respective office as provided by
the town and county officers training school of the state of New York
for the purpose of improving the administration of municipal affairs in
the town and counties of the state, shall be a charge against the fire
district of which he is an officer or officer-elect. No person, however,
shall be allowed such expenses for attending a regional school unless
his district shall be included within the area of such region as
established by the board of trustees of the town and county officers
training school of the state of New York. The board of fire
commissioners, in lieu of auditing and allowing the claim of a fire
district officer or officer-elect for actual and necessary expenses for
travel in attending any such course of training, may determine by
resolution to allow and pay such officer or officer-elect a reasonable
mileage allowance for the use of his own automobile for each mile
actually and necessarily traveled by him in attending such course of
training.
Expenses of the association of fire districts of the state of
New York. The board of fire commissioners of any fire district may
determine to expend and raise by taxation annually such sums as may be
required toward defraying the actual and necessary expenses of
maintaining and continuing the association of fire districts of the
state of New York, and any of its activities in this state for the
purpose of devising practical ways and means of obtaining greater
economy and efficiency in the administration of fire district affairs.
The board of fire commissioners of any fire district may determine to
expend and raise by taxation annually such sums as may be required to
defray the proportionate share of such fire district to meet the actual
and necessary expenses of maintaining and continuing (1) the county
association of fire districts or the county association of fire district
officers of the fire districts in a county in which all or part of such
fire district is located and (2) a regional association of fire
districts or a regional association of fire district officers of the
fire districts located in an area of adjoining counties, and to maintain
and continue any of the activities of any such association, for the
purposes of obtaining greater economy and efficiency in the
administration of fire district affairs.
Expenses of fire district officers, officials and employees.
When incurred by the authority of the board of fire commissioners, the
actual and necessary expenses, including expenses for travel, of all
fire district officers and paid employees of the fire district, and of
all paid and volunteer officers of the fire district fire department,
incurred and paid by any such fire district officer, paid employee or
fire department officer in executing the duties of his office or
position shall be a fire district charge. The board of fire
commissioners of any fire district, in lieu of auditing and allowing the
claim of a fire district officer, paid employee or fire department
officer for actual and necessary expenses for travel, may determine by
resolution to allow and pay such fire district officer, paid employee or
fire department officer a reasonable mileage allowance for the use of
his own automobile for each mile actually and necessarily traveled by
him in executing the duties of his office or position. In determining
the amount of such allowance, the board of fire commissioners may
consider the cost of gasoline, but in no event shall such allowance
exceed the standard mileage allowance for business-related travel
adopted or prescribed for federal income tax purposes. The provisions of
this section shall not be deemed to amend, modify or supersede any of
the provisions of section one hundred seventy-eight-a of this article
and sections seventy-two-g and seventy-seven-b of the general municipal
law.
Costs, expenses and damages a fire district charge in certain
cases. Whenever the fire district commissioners or board of fire
commissioners of any fire district, or any fire district officers, have
been or shall be instructed by a resolution adopted at a regular special
meeting of the board of fire commissioners to defend any action brought
against them, or to bring or defend an action or proceeding affecting
any district property or claim of the district, or involving its rights
or interests, or to continue any such action or defense, all their costs
and reasonable expenses, as well as all costs and damages adjudged
against them, shall be a district charge and shall be levied upon the
taxable property of such district in the same manner as moneys raised
for the support of such district. Whenever any fire district
commissioner or fire district officer shall defend any action or
proceeding, other than a criminal proceeding, hereafter brought against
him, arising out of the exercise of his powers or the performance of his
duties, provided such commissioner or officer was acting in the
discharge of his duties and within the scope of his authority at the
time damages were sustained, all his reasonable costs and expenses, as
well as all costs and damages adjudged against him, shall be a district
charge and shall be levied upon the taxable property of such district in
the same manner as money raised for the support of such district,
provided (a) such fire district commissioner or fire district officer
shall notify the board of fire commissioners in writing of the
commencement of such action or proceedings against him within five days
after service of process upon him; and (b) the board of fire
commissioners shall, at any time during the ten days next following the
notice to them of the commencement of such action or proceedings, have
the right to designate and appoint the legal counsel to represent such
fire district commissioner or fire district officer in such action or
proceedings against him, in the absence of which designation and
appointment within the time specified such fire district commissioner or
fire district officer may select his own legal counsel.
Special district elections to vote upon appropriations. The
board of fire commissioners upon its own motion may submit, and upon
petition, as hereinafter provided, shall cause to be submitted, at a
special or annual fire district election, a proposition:
1. (a) To purchase fire apparatus and fire-fighting vehicles for the
extinguishment or prevention of fires in said fire district, or
motorized equipment for emergency relief squads or fire police squads.
(b) To purchase or install an adequate fire alarm system for the fire
district, or to make necessary additions thereto.
(c) To lease, purchase, construct, reconstruct, alter, repair or equip
suitable buildings for the preservation, protection and storing of
vehicles, apparatus and equipment of the fire district and for the
social and recreational use of the firefighters and residents of the
district, and purchase the necessary lands therefor.
(d) To expend in any one fiscal year, or to expend annually, an amount
in excess of the amount authorized by subdivision eighteen of section
one hundred seventy-six of this chapter, as amended from time to time,
to be expended annually without the adoption of a proposition therefor
for any of the purposes authorized by the provisions of this article. If
the proposition authorizes an annual expenditure, it shall state a
maximum amount which may be expended annually in excess of the amount
authorized by subdivision eighteen of section one hundred seventy-six of
this chapter, as amended from time to time, and such amount may not be
exceeded thereafter unless authorized at a fire district election. If a
proposition authorizes an annual expenditure, the authorization shall
continue in effect until changed by vote of a district election.
(e) To purchase permanent or temporary rights to take water from
cisterns, wells and bodies of water and water-courses within the fire
district for the purposes, and subject to the limitations, set forth in
subdivision twelve-a of section one hundred seventy-six of this chapter.
(f) To purchase or construct fire suction pools in bodies of water and
water-courses, fire cisterns and fire wells, including necessary pipes,
pumps, hydrants and other facilities in connection therewith, and to
purchase and lease necessary real property and rights in land and water
therefor, for the purposes, and subject to the limitations, set forth in
subdivision twelve-a of section one hundred seventy-six of this chapter.
2. Any sum authorized to be expended, pursuant to subdivision one of
this section, shall be raised by tax and shall be spent only during the
fiscal year for which such tax is to be levied but nothing contained in
this section shall be construed to prevent the financing in whole or in
part, pursuant to the local finance law, of expenditures pursuant to
section one hundred seventy-six of this chapter. If the proposition is
approved at an election held in any fiscal year after September
twentieth, or after October twentieth in the case of fire districts
located wholly within the county of Westchester, the proposition shall
not become effective for the purpose of levying taxes until the first
day of September of the fiscal year succeeding the fiscal year in which
such proposition is approved.
3. Such petition shall be 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 authentication of nominating petitions,
by resident taxpayers owning taxable real property aggregating at least
one-quarter of the assessed valuation of all the taxable real property
of the district owned by resident taxpayers, as such valuations appear
upon the latest completed assessment roll of said town. Notice of such
special district election shall be given in the same manner as provided
herein for annual district elections. The special election shall be held
on a Tuesday, provided that such date is not a public holiday, and shall
be conducted and scheduled in a manner that maximizes voter
participation. The polls shall remain open for the receipt of ballots
from six o'clock in the evening to nine o'clock in the evening and such
additional consecutive hours prior thereto as the board of fire
commissioners may determine. The secretary of the fire commissioners
shall prepare the ballots which shall separately state and number each
proposition to be voted upon.
4. Every elector of the town who shall be a registered voter of the
town and who shall have resided in the district for the period of thirty
days next preceding a special or annual fire district election shall be
qualified to vote upon such proposition.
Actions and proceedings against fire districts. No action shall
be maintained against a fire district upon or arising out of a contract
entered into by the fire district, unless the same shall be commenced
within eighteen months after the cause of action thereof shall have
accrued, nor unless a written verified claim shall have been filed with
the fire district secretary within six months after the cause of action
shall have accrued, but no such action shall be brought upon any such
claim until forty days have elapsed after the filing of the claim in the
office of the fire district secretary.
Annual budget and levy of taxes. 1. The fiscal year of each
fire district shall begin on the first day of January and end on the
thirty-first day of December.
For each fiscal year, the board of fire commissioners of each fire
district shall prepare and adopt an annual budget in accordance with
this section.
2. (a) On or before the twenty-first day prior to the public hearing
required by subdivision three of this section, the board of fire
commissioners shall prepare and adopt a proposed budget for the ensuing
fiscal year. Within the limitations specified in this article, the
proposed budget shall contain detailed estimates in writing of the
amount of revenues to be received and the appropriations required for
expenditures to be made during such fiscal year for the purposes of such
fire district.
(b) On or before the last date provided by law for the adoption of the
proposed budget, the board of fire commissioners shall prepare an
estimate of the fund balance which shall be affixed to the proposed
budget as an appendix thereto. The estimate of fund balance shall
include a breakdown of such fund balance estimated for encumbrances,
amounts estimated to be expended for the ensuing fiscal year, amounts
reserved for stated purposes pursuant to law, including reserve funds
established pursuant to the general municipal law, and the remaining
unappropriated unreserved fund balance as that term is defined in
section one hundred three of this chapter, provided that the remaining
estimated unappropriated unreserved fund balance for each fund shall not
exceed a reasonable amount, consistent with prudent budgeting practices,
necessary to ensure the orderly operation of the fire district and the
continued provision of services, taking into account factors including,
but not limited to, the size of the fund, cash flows, the certainty with
which the amounts of revenues and expenditures can be estimated, and the
fire district's experience in prior fiscal years. For those districts
which employ the cash basis of accounting, fund balance means the cash
surplus estimated to be on hand at the close of the current fiscal year
less claims payable therefrom and amounts reserved pursuant to law for
stated purposes, including reserve funds established pursuant to the
general municipal law.
(c) Upon adoption of the proposed budget by the board of fire
commissioners, the proposed budget shall be filed in the office of the
fire district secretary and maintained as a public document available
for inspection and copying. The fire district secretary shall also
reproduce a sufficient number of copies of the proposed budget for
distribution upon request to the public and at no cost to the public. In
addition, if the fire district maintains an internet website, the fire
district secretary shall cause the proposed budget to be posted and
maintained on the fire district's website until the day after the public
hearing on the proposed budget.
3. (a) The board of commissioners of each fire district shall hold a
public hearing during the third week of October to discuss the contents
of the proposed budget. The hearing shall be conducted and scheduled in
a manner that maximizes participation. Notice of such public hearing
shall be published at least once in the official newspaper, or if no
official newspaper has been designated, in any newspaper having general
circulation in the district. At least five days shall elapse between the
date of the first publication of the notice and the date specified for
the hearing. The notice of hearing shall state the date, time and the
place where the public hearing will be held, the purpose thereof and
that a copy of the proposed budget is available at the office of the
town clerk or clerks and fire district secretary where it may be
inspected by any interested person during office hours. In the case of a
fire district that maintains an internet website, the notice of hearing
shall also state that the proposed budget is posted on the fire
district's website. The town clerk or clerks shall cause a copy of the
notice to be posted on the signboard of the town or towns, maintained
pursuant to subdivision six of section thirty of this chapter, not later
than five days before the day designated for such hearing. The notice
shall also be posted on the municipal and/or fire district website or
websites, if one exists. At such hearing, any person may be heard in
favor of or against the proposed budget as compiled, or for or against
any item or items therein contained.
(b) After the public hearing, the board of fire commissioners may
adopt changes, alterations and revisions to the proposed budget subject
to the requirements of paragraph (a) of subdivision two of this section,
except that the board of fire commissioners shall not add or increase an
appropriation to a capital reserve fund. On or before the fourth day of
November, the board of fire commissioners shall adopt as the annual
budget of the fire district either the proposed budget or the proposed
budget as changed, altered or revised after the public hearing. In the
event that the board of fire commissioners fails to adopt the annual
budget by such date, the proposed budget with such changes, alterations
and revisions as shall have been adopted by the board of fire
commissioners by that date shall constitute the annual budget of the
fire district.
(c) Within three days after the adoption of the annual budget of a
fire district, the fire district secretary shall prepare and deliver to
the town clerk of each town in which the fire district is located two
certified copies of the annual budget. Neither the town board, town
supervisor, town clerk nor any other officer or employee of the town
shall make any change to the annual budget of the fire district.
4. After the annual budget of a fire district has been affixed to the
annual budget adopted by the town board and a certified copy presented
to the board of supervisors of the county in which the town is situated
as required by section one hundred fifteen of this chapter, the board of
supervisors shall assess and levy upon the taxable real property within
the several fire districts the amounts to be raised by tax for the
purposes of the respective districts as specified in such annual fire
district budget and shall cause the amount so assessed and levied to be
collected, in the same manner and at the same time and by the same
officers as town taxes are assessed, levied and collected. When such
taxes are collected, the amount thereof shall be paid to the supervisor
of the town and by him immediately paid to the treasurer of the
respective fire districts. If a fire district includes taxable property
located in more than one town, the amount to be assessed, levied and
collected upon the property within each of such towns shall be
apportioned in accordance with section eight hundred six of the real
property tax law.
5. In any case where a parcel of real property separately assessed on
the town assessment roll shall be divided by the line of the fire
district or of any zone established therein as provided in subdivision
twenty-seven of section one hundred seventy-six of this chapter, it
shall be the duty of the town assessors, after the valuation of the
whole of such parcel shall have been fixed, to determine what proportion
of such valuation is on account of that part of such parcel lying within
the limits of the fire district or of such zone or zones, and the
assessors shall enter such proportion separately on the assessment roll.
The valuation of the real property lying within such fire district or
within such zone or zones, as so fixed and determined, shall be the
valuation subject to taxation for the purposes of such fire district or
of such zone or zones.
6. The treasurer of each fire district shall prepare and file annually
in the office of the town clerk of each town in which any part of such
fire district shall be located, and in the office of the state
comptroller, a financial statement setting forth in detail the receipts
and expenditures of such fire district. Such statement shall be filed in
such offices within sixty days after the close of the fiscal year of the
fire district.
Budgetary controls. 1. The fire district treasurer shall
maintain a separate account for each appropriation made in the annual
budget of the fire district. Each such account shall show the amount
appropriated, the several amounts expended from the account, and the
unexpended balance of the appropriation.
2. No expenditure shall be made, nor shall any contract which in any
manner involves the expenditure of money or the incurring of any
pecuniary liability be entered into, unless an amount has been
appropriated for the particular purpose and is available for that
purpose or has been authorized to be borrowed pursuant to the local
finance law. Nothing in this subdivision shall prevent the making of a
contract or lease for a term exceeding one year when authorized by law
nor shall anything in this subdivision require a fire district which has
entered into a contract or lease for a term exceeding one year to pay
during the current fiscal year any amounts larger than those which
become due and owing during that year under the terms of such lease or
contract.
3. Whenever during a fiscal year it shall appear probable to the fire
district treasurer that the moneys available for such year will be
insufficient to meet the amounts appropriated, he or she shall forthwith
notify the board of fire commissioners of such fact, stating the
probable amount of such deficiency. The treasurer may include his or her
recommendations as to the action which should be taken. The board of
fire commissioners may reduce any appropriation or appropriations so as
to prevent the making of expenditures in excess of moneys available. An
appropriation shall not be reduced below the minimum amount required by
law to be appropriated, nor shall an appropriation be reduced by more
than the balance therein less outstanding and unpaid claims chargeable
to such appropriation.
4. The board of fire commissioners, during a fiscal year, may make
additional appropriations or increase existing appropriations. Moneys
therefor may be provided by transfer from the unexpended balance of an
appropriation, from unappropriated unreserved fund balance, or
unanticipated revenues, or by borrowing pursuant to the local finance
law. For the purposes of this subdivision, unappropriated unreserved
fund balance or unanticipated revenues shall be available for transfer
only to the extent that the total of all revenues recognized or
reasonably expected to be recognized in the current fiscal year,
including unappropriated unreserved fund balance, exceeds the total of
all revenues as estimated in the budget, including appropriated fund
balance.
5. Notwithstanding the provisions of subdivision four of this section,
grants in aid from the state and federal governments, other gifts which
are required to be expended for particular objects or purposes, and
insurance proceeds for the loss, theft, damage or destruction of real or
personal property, when proposed to be used or applied to repair or
replace such property, may be appropriated by the board of fire
commissioners at any time for such objects and purposes.
Independent audit of fire districts. 1. The commissioner of
each fire district with revenues of four hundred thousand dollars or
more shall obtain an annual audit of its records by an independent
certified public accountant or an independent public accountant. The
report of such annual audit shall be presented to the fire district
board of fire commissioners by such accountant. Such fire district audit
shall include, but not be limited to, the district's financial
conditions and resources and such other things as the state comptroller
may designate. A copy of the audit report in form prescribed by the
state comptroller and certified by the accountant, shall be furnished to
the commissioners, the town boards served by the district and the state
comptroller within one hundred eighty days following the end of the
fiscal year audited.
2. The commissioner of each fire district with revenues of less than
four hundred thousand dollars shall report the district's financial
conditions and resources and such other things as the state comptroller
may designate on a form prescribed by him or her. A copy of such report
shall be issued to the state comptroller within one hundred eighty days
following the end of the fiscal year. The state comptroller may
designate an amount below which no report shall be required.
3. On or after January first, two thousand seven, all fire districts
subject to the provisions of subdivision one of this section shall
utilize a competitive request for proposal process when contracting for
such annual audit. In addition, no audit engagement shall be for a term
longer than five consecutive years; provided, however, that nothing in
this subdivision shall preclude a district, in its discretion, from
permitting an independent certified public accountant or an independent
public accountant engaged under an existing contract for such services
to (i) submit a proposal for such services in response to a request for
competitive proposals, or (ii) be awarded a contract to provide such
services under a request for proposal process.
4. Notwithstanding the provisions of subparagraph one of paragraph (b)
of subdivision four of section thirty-five of the general municipal law,
each fire district shall (i) prepare a corrective action plan in
response to any findings contained in the annual external audit report
or management letter, or any final audit report issued by the state
comptroller, within ninety days of receipt of such report or letter, and
(ii) to the extent practicable, begin implementation of such corrective
action plan no later than the end of the next fiscal year.
Effect of incorporation of village or city including lands
within a fire district. 1. Whenever any portion of any fire district
heretofore or hereafter established shall be incorporated into the
corporate limits of any incorporated village or city, the town board or
town boards of the town or towns in which such fire district is located,
upon the petition of the resident taxpayers of the incorporated portion
of such fire district, shall adopt a resolution changing the boundaries
of such district by the exclusion therefrom of the incorporated portion
of the district, or, upon the petition of the resident taxpayers of the
unincorporated portion of such fire district, shall adopt a resolution
changing the boundaries of such district by the exclusion therefrom of
the incorporated portion of the district, and thereafter such excluded
portions of the district shall not be entitled to protection, nor liable
to be assessed or taxed for the fire district purposes of such district,
but such portion of the total account of the bonded or other
indebtedness of such district as the assessed valuation, according to
the last preceding town assessment roll, of the territory so excluded
and incorporated in such city or village bears to the assessed
valuation, according to the last preceding town assessment roll, of the
entire territory of such district before exclusion of such part, shall
be assumed and borne by the city or village in which such territory is
included and paid over from time to time to the treasurer of such
district in accordance with the necessary requirements of the district
in paying such indebtedness. Such amounts to be paid by the city or
village may be levied with the city tax or village tax upon the parcels
of land formerly a part of the fire district, or raised by general
taxation, as the village board or governing body of the city may
determine. Such petition shall be 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 authentication of a nominating
petition, by resident taxpayers owning taxable real property aggregating
at least one-half of the assessed valuation of all the taxable real
property owned by resident taxpayers of the portion of the district
proposed to be continued or by resident taxpayers owning taxable real
property aggregating at least one-half of the assessed valuation of all
the taxable real property owned by resident taxpayers of that portion of
the district incorporated, as such may appear. Valuation for purposes
of this section shall be, as such valuations appear upon the latest
completed assessment roll of the town or towns in which such district is
located.
2. Whenever any fire district is located entirely within the corporate
limits of two or more villages by virtue of incorporation of such
villages after the establishment of such fire district and the said
villages or either of them have not been excluded from the limits or
boundaries of such fire district in accordance with the provisions of
subdivision one of this section, the town board and the board of fire
commissioners of such fire district shall meet together at least sixty
days before the annual meeting of the board of supervisors and estimate
the amount necessary and proper to be raised for fire district purposes
and shall certify the same to the board of supervisors of the county.
Such board shall cause the amount thereof to be assessed and levied on
the taxable property of such fire district and collected in the same
manner and at the same time and by the same officers as town taxes are
assessed, levied and collected and, when collected, the amount thereof
shall be paid to the supervisor of the town and by him immediately paid
to the treasurer of such fire district.
Fire alarm districts. Whenever the town board shall have
established a fire alarm district pursuant to the provisions of this
article, the town board shall prepare, or cause to be prepared, plans,
specifications, estimates and a proposed contract for the installation,
extension and maintenance of a fire alarm system in such district. Upon
the completion of the plans, specifications, estimates and proposed
contract therefor, the town clerk shall give notice of a public hearing
thereon in the same manner as provided in this article for notice of
hearing upon the creation of such district. At such hearing, the town
board shall hear such persons as may be interested in the subject matter
thereof and may make such modification and changes in the plans,
specifications, estimates and proposed contract as the town board shall
deem expedient, and thereupon the town board may adopt or reject same.
So far as consistent with the provisions of this section, the town board
shall award contracts for the performance of the work and the supplying
of materials or may cause the same to be done by day labor under the
direction of the town engineer or any other town officer, in the same
manner as provided by section one hundred ninety-seven of this chapter
for the making of special improvements, and may enter into contracts
with persons or corporations for the use of their property in connection
with such fire alarm system.
After a public hearing as hereinafter specified, the town board, in
addition, shall provide for the furnishing of fire protection within
such fire alarm district and for that purpose may contract for a period
not exceeding five years with any city, incorporated village, fire
district or incorporated fire company maintaining adequate and suitable
apparatus and appliances for the furnishing of fire protection in such
district. Notice of such hearing shall be published in at least one
newspaper having general circulation in the district. Such notice shall
specify the time when and place where said hearing will be held, and
describe in general terms the proposed contract. The first publication
thereof shall be at least ten days prior to the day specified for such
hearing. The expense incurred by reason of the establishment of such
fire alarm district, the maintenance of said fire alarm system and the
contract for fire protection, shall be assessed and levied upon the
taxable property in said district and collected in the same manner, at
the same time and by the same officers as town taxes are assessed,
levied and collected and, when collected, the amount thereof shall be
paid to the supervisor of the town. The supervisor shall pay to the
city, incorporated village, fire district or incorporated fire company
furnishing such fire protection, the expense thereof pursuant to said
contract. The expense of the installation or extension of such fire
alarm system may be raised, in whole or in part, in the same manner as
the expense of maintenance or may be financed, in whole or in part,
pursuant to the local finance law.
If a fire alarm district shall be situated partly in each of two or
more towns any action which would be taken by the town board in the case
of a district situated in only one town shall be taken by the town
boards of the several towns acting jointly by a majority vote of the
members of each of such town boards, and the notices of public hearing
required by this section shall be given by the town clerks of the
several towns acting jointly.
By mutual consent of the contracting parties, and after a public
hearing held pursuant to notice in the manner provided in this section
in relation to fire protection contracts, any such contract heretofore
or hereafter executed may be (1) amended, (2) terminated, or (3)
terminated and a new contract may be entered into in lieu thereof, if
the town board, after such hearing, shall determine, by resolution, that
it is in the public interest so to do. Such notice shall state in
general terms the reason why any existing contract is to be amended or
terminated, and if a new contract is to be entered into the notice shall
also describe the new contract in general terms.
Fire protection districts. * 1. Whenever the town board shall
have established or extended a fire protection district pursuant to the
provisions of this article, the town board shall provide for the
furnishing of fire protection within the district and for that purpose
may (a) contract with any city, village, fire district or incorporated
fire company maintaining adequate and suitable apparatus and appliances
for the furnishing of fire protection in such district or (b) may
acquire by gift or purchase such apparatus and appliances for use in
such district and may contract with any city, village, fire district or
incorporated fire company for operation, maintenance, and repair of the
same and for the furnishing of fire protection in such district, or
both. The contract may also provide for the furnishing of (1) emergency
service in case of accidents, calamities or other emergencies in
connection with which the services of firefighters would be required and
(2) general ambulance service subject, however, to the provisions of
section two hundred nine-b of the general municipal law. In the event
that the fire department or fire company furnishing fire protection
within the district pursuant to contract does not maintain and operate
an ambulance then a separate contract may be made for the furnishing
within the district of emergency ambulance service or general ambulance
service, or both, with any city, village or fire district the fire
department of which, or with an incorporated fire company having its
headquarters outside the district which, maintains and operates an
ambulance subject, however, in the case of general ambulance service, to
the provisions of section two hundred nine-b of the general municipal
law, or with an ambulance service, certified or registered pursuant to
article thirty of the public health law. Any such contract with any such
ambulance service permitted herein shall be subject to the provisions of
this section.
* NB Effective until April 9, 2031
* 1. Whenever the town board shall have established or extended a fire
protection district pursuant to the provisions of this article, the town
board shall provide for the furnishing of fire protection within the
district and for that purpose may (a) contract with any city, village,
fire district or incorporated fire company maintaining adequate and
suitable apparatus and appliances for the furnishing of fire protection
in such district or (b) may acquire by gift or purchase such apparatus
and appliances for use in such district and may contract with any city,
village, fire district or incorporated fire company for operation,
maintenance, and repair of the same and for the furnishing of fire
protection in such district, or both. The contract may also provide for
the furnishing of (1) emergency service in case of accidents, calamities
or other emergencies in connection with which the services of
firefighters would be required and (2) general ambulance service
subject, however, to the provisions of section two hundred nine-b of the
general municipal law. In the event that the fire department or fire
company furnishing fire protection within the district pursuant to
contract does not maintain and operate an ambulance then a separate
contract may be made for the furnishing within the district of emergency
ambulance service or general ambulance service, or both, with any city,
village or fire district the fire department of which, or with an
incorporated fire company having its headquarters outside the district
which, maintains and operates an ambulance subject, however, in the case
of general ambulance service, to the provisions of section two hundred
nine-b of the general municipal law, or with an ambulance service,
certified or registered pursuant to article thirty of the public health
law, which is not organized under the provisions of section two hundred
nine-b of the general municipal law. Any such contract with any such
ambulance service permitted herein shall be subject to the provisions of
this section.
* NB Effective April 9, 2031
1-a. (a) Except as provided in paragraph (b) of this subdivision,
prior to commencing the negotiation process for such contract with an
incorporated fire company, the incorporated fire company shall file with
the town board a statement itemizing the estimated costs of the
incorporated fire company attributable to the provision of services
under the prospective contract. The estimated costs attributable to the
provision of services under the prospective contract itemized in the
statement shall include, at a minimum, those, if any, for: supplies;
materials; operation, maintenance and repair of equipment and apparatus;
insurance; training; protective clothing, gear and other personnel
costs; building rental, maintenance and operation; and a specified
proportionate share of capital costs. If the fire company is required to
prepare any of the following documents, copies shall be included with
the statement:
(1) the fire company's most recent annual report of directors pursuant
to section five hundred nineteen of the not-for-profit corporation law;
(2) the fire company's most recent verified certificate pursuant to
subdivision (f) of section fourteen hundred two of the not-for-profit
corporation law;
(3) the fire company's most recent internal revenue service form 990;
and
(4) the fire company's most recent annual report pursuant to section
thirty-a of the general municipal law.
(b) The provisions of paragraph (a) of this subdivision shall not
apply to the renewal of a contract when the contract is deemed renewed
in accordance with subdivision four of this section. Upon good cause
shown, the town board may, by resolution, waive in whole or in part the
requirement that the fire company file the statement, and copies of
documents, required by paragraph (a) of this subdivision.
2. The contract shall not be entered into until a public hearing has
been held by the town board. Notice of the hearing shall be published at
least once in at least one newspaper having general circulation in the
district. The notice shall specify the time when and place where the
hearing will be held, and describe in general terms the proposed
contract. The first publication shall be at least ten days prior to the
day specified for the hearing. Before any contract to furnish general
ambulance service by an ambulance service is entered into pursuant to
this section, and before any public hearing is conducted as herein
provided, the consent of such ambulance service to furnish general
ambulance sevice shall be obtained. Such consent shall be evidenced by a
copy of a resolution certified by the secretary of a voluntary ambulance
service or the chief executive officer of a professional ambulance
service.
3. Except as provided in subdivision four of this section, the term of
the contract shall be for a definite period of time, but in no event
shall the term exceed five years. The contract year or years in all such
contracts entered into after the year nineteen hundred sixty shall
terminate on December thirty-first.
4. Instead of being for a definite term as provided in subdivision
three, the contract may be for an original term of one calendar year or
less and provide that it shall be deemed renewed on the same basis each
year thereafter for a further term of one full calendar year without any
further public hearing unless one of the contracting parties shall
notify the other in writing on or before the twentieth day of August
that it elects to terminate the contract on December thirty-first in
that year. The term of any such contract, including renewals, shall not
exceed five years, but the contract may provide that there shall be less
than four such renewals. If the city, village or fire district, fire
department or fire company which is to furnish the service under such a
contract is not a fully paid department or company, the city, village or
fire district governing board, upon the request of the department or
company, shall terminate the contract as provided in this subdivision.
Any such contract may provide that in the month of July of each year in
which such a renewal could occur the town clerk of the town in which the
fire protection district or the major portion thereof is located shall
notify the secretary of the fire department, fire company or ambulance
service which is to furnish the service under the contract that the
contract shall be deemed renewed on the same basis for a further full
term of one calendar year unless one of the contracting parties shall
notify the other in writing on or before the twentieth day of August
that it elects to terminate the contract on December thirty-first in
such year.
5. The contract shall specify a definite sum to be paid each year for
all of the services to be rendered thereunder.
6. The amount which is to be paid each year pursuant to any contract
entered into pursuant to the provisions of this section, together with
all other expenses necessarily incurred or occasioned by reason of the
establishment or extension of the fire protection district, shall be
assessed and levied upon the taxable property in the district and
collected in the same manner, at the same time and by the same officers
as town taxes are assessed, levied and collected and, when collected,
the amount thereof shall be paid to the supervisor of the town. The
supervisor shall pay to the city, village, fire district, incorporated
fire company or ambulance service furnishing such service the amount to
be paid each year for the service in one sum or in installments as the
contract may provide.
7. If a fire protection district shall be situated partly in each of
two or more towns any action which would be taken by the town board in
the case of a district situated in only one town shall be taken by the
town boards of the several towns acting jointly by a majority vote of
the members of each of such town boards, and the notice of public
hearing required by this section shall be given by the town clerks of
the several towns acting jointly.
8. By mutual consent of the contracting parties, and after a public
hearing held pursuant to notice in the manner aforesaid, any such
contract heretofore or hereafter executed may be (1) amended, (2)
terminated, or (3) terminated and a new contract may be entered into in
lieu thereof, if the town board, after such hearing, shall determine, by
resolution, that it is in the public interest so to do. Such notice
shall state in general terms the reason why any existing contract is to
be amended or terminated, and if a new contract is to be entered into
the notice shall also describe the new contract in general terms.
9. The term "fire protection," as used in this section, includes
inspections of buildings and properties in the fire protection district
for the purposes specified in and as authorized by sections eight
hundred seven-a and eight hundred seven-b of the education law,
subdivision four of section three hundred three of the multiple
residence law, and section one hundred eighty-nine of the town law.
10. The provisions of this section shall not be deemed to have amended
subdivision two of section two hundred nine-b or section two hundred
nine-d of the general municipal law, or any other general, special or
local law requiring the consent of a fire department, fire company or an
emergency rescue and first aid squad to the entering into of a contract
for services to be performed by such department, company or squad.
Contract for water supply outside of fire districts. The town
board of any town, on behalf of a fire protection district or fire alarm
district situated therein, or on behalf of the area of the town outside
of any village, fire district, fire protection district or fire alarm
district, which area is hereinafter referred to as the "unprotected
area", may contract for a supply of water and for the furnishing,
erection, maintenance, care and replacement of fire hydrants, including
the erection and maintenance of markers therefor, and the removal of
snow and ice to provide access thereto, for fire purposes for a period
not exceeding five years.
Before a contract shall be entered into pursuant to the authority
given in this section, the town board shall hold a public hearing in the
district or unprotected area or at such other place within the town as
the town board shall designate. Notice of the hearing shall be published
at least once in at least one newspaper having general circulation in
the district or unprotected area, the first publication thereof to be at
least ten days prior to the day specified for the hearing. The notice
shall specify the time when and place where the hearing will be held,
and shall describe in general terms the proposed contract. The amount of
any contract that may be entered into pursuant to the provisions of this
section together with all other expenses necessarily incurred or
occasioned thereby, shall be assessed and levied upon the taxable real
property in the district or unprotected area and collected in the same
manner, at the same time and by the same officers as town taxes are
assessed, levied and collected and, when collected, the amount thereof
shall be paid to the supervisor of the town. The supervisor shall pay to
the person, company or corporation entitled thereto the amount specified
in the contract.
If a fire protection district or fire alarm district shall be situated
partly in each of two or more towns any action which would be taken by
the town board in the case of a district situated in only one town shall
be taken by the town boards of the several towns acting jointly by a
majority vote of the members of each of such town boards, and the notice
of public hearing required by this section shall be given by the town
clerks of the several towns acting jointly.
Water supply outside of fire districts. The town board of any
town, on behalf of a fire protection district or fire alarm district
situated therein, or on behalf of the area of the town outside of any
village, fire district, fire protection district or fire alarm district,
which area is hereinafter referred to as the "unprotected area", (1) may
purchase permanent or temporary rights to take water from cisterns,
wells, and bodies of water and water-courses within the fire protection
district, fire alarm district or unprotected areas, or may lease such
rights, and (2) may construct and maintain, fire suction pools in bodies
of water and water-courses, fire cisterns and fire wells, including
necessary pipes, pumps, hydrants and other facilities in connection
therewith and may purchase and lease necessary real property and rights
in land and water therefor, in order to provide a supply of water for
any area of such district or unprotected area which does not have an
adequate and available supply or which cannot be suitably supplied by
contract pursuant to section one hundred eighty-four-a of this chapter.
Before making any purchase or lease of water rights or constructing
fire suction pools, fire cisterns and fire wells or acquiring any real
property and rights in land and water therefor, the town board (1) shall
secure the written statement of the fire chief, or chief engineer, of
the fire department or fire company, if any, furnishing fire protection
in the district or unprotected area that such sources of water supply
are adequate and that such fire suction pools, fire cisterns and fire
wells are located properly for fire-fighting purposes and (2) shall hold
a public hearing in the district or unprotected area. Notice of the
hearing shall be published at least once in at least one newspaper
having general circulation in the district or unprotected area, the
first publication thereof to be at least ten days prior to the day set
for the hearing. The notice shall specify the time when and place where
the hearing shall be held, and shall describe in general terms what is
proposed to be done pursuant to the provisions of this section.
The water and improvements shall be used for fire-fighting purposes
only and such water shall not be sold. The fire suction pools, fire
cisterns and fire wells constructed and maintained for the purposes of
any such district or unprotected area shall be fenced or covered to
prevent trespass by children and domestic animals. Any such improvement
shall be located upon real property within the fire protection district,
fire alarm district, or unprotected area, which has been acquired by
gift, purchase or lease, or upon which an easement has been acquired, by
the town board in the name of the town for the purposes of any such
district or area, except such portions of the improvement which are
located within the bounds of public highways, roads or streets with the
consent of the state or local official charged with the supervision of
the highway, road or street. No officer or employee of the town shall be
liable personally for any damages to persons or property resulting from
the maintenance of any such improvement on behalf of any such district
or unprotected areas, except such damages as result from his wilful
negligence or malfeasance. The town board may purchase insurance to
protect the district or unprotected area from liability for damage to
persons and property resulting from the maintenance of any such
improvement for the district or unprotected area. Expenditures for any
such purposes, and any liabilities for any such damage, shall be raised
only upon the taxable real property in the district or unprotected area
and shall be assessed, levied and collected in the same manner, at the
same time, and by the same officers as town taxes are assessed, levied
and collected, and, when collected, the amount thereof shall be paid to
the supervisor of the town. The supervisor shall disburse such moneys
for the purposes aforesaid. Moneys shall not be borrowed to finance the
cost of any expenditure made pursuant to this section.
If a fire protection district or fire alarm district shall be situated
partly in each of two or more towns any action which would be taken by
the town board in the case of a district situated in only one town shall
be taken by the town boards of the several towns acting jointly by a
majority vote of the members of each of such town boards, and the notice
of public hearing required by this section shall be given by the town
clerks of the several towns acting jointly.
If, after proceeding pursuant to this section, an adequate supply of
water for fire-fighting purposes becomes available for such area, or if
a suitable supply may be obtained therefor by contract pursuant to
section one hundred eighty-four-a of this chapter, the town board,
nevertheless, may continue to act in relation to any such district or
unprotected area pursuant to this section.
Savings clause. 1. Except as otherwise provided by law, fire
districts now existing shall continue to exist as now established,
subject to the provisions of this chapter. Except as hereinafter
provided no fire district officers shall be appointed or elected as
successors to such officers holding office at the time this article
shall take effect.
2. Nothing herein contained shall be construed to require the election
of fire district commissioners or a fire district treasurer in any water
district, highway district, town fire district, water supply district or
school district in which fire protection was provided on June first,
nineteen hundred thirty-three, pursuant to the provisions of article
fourteen of chapter sixty-three of the laws of nineteen hundred nine,
entitled "An act relating to towns, constituting chapter sixty-two of
the consolidated laws," and acts amendatory thereof and supplemental
thereto, if there were no fire district commissioners in or for such
district on the said first day of June, nineteen hundred thirty-three;
but in each town fire district established pursuant to the provisions of
chapter two hundred twenty-six of the laws of nineteen hundred sixteen,
in which there were town fire commissioners on the first day of June,
nineteen hundred thirty-three, five fire district commissioners but no
treasurer shall be elected on the fifth day of December, nineteen
hundred thirty-three, upon the notice, in the manner and for the terms
specified in this section for election of fire district commissioners on
such date, and one commissioner shall be elected annually thereafter in
the manner provided in this article. The fire district commissioner so
elected shall have and may exercise all the powers conferred by this
chapter or any other law upon the commissioners of fire districts but
the supervisor of the town shall act as the treasurer and the town clerk
as secretary of such fire district; provided, however, that in any such
town fire district the fire district commissioners may submit at a
special fire district election held prior to the first day of October in
any year, or at any annual fire district election, the proposition
"Shall the fire district treasurer be elected and the fire district
secretary be appointed?" If a majority of the votes cast on such
proposition submitted as herein provided be in the affirmative, a fire
district treasurer shall be elected at the next annual fire district
election and a fire district secretary shall thereafter be appointed, as
provided in this article. The terms of office of such fire district
treasurer and such fire district secretary shall commence on the first
day of January next succeeding the date of such annual election. In a
town fire district established pursuant to the provisions of chapter two
hundred twenty-six of the laws of nineteen hundred sixteen in which
there were no town fire commissioners on June first, nineteen hundred
thirty-three, the town board shall have and may exercise all the powers
conferred upon fire district commissions pursuant to this chapter or any
other law except that the supervisor of the town shall act as treasurer
of the district and chairman of the commission and the town clerk shall
act as secretary thereof. The supervisor whenever acting as treasurer of
the fire district shall not be required to give the additional
undertaking provided in subdivision four of section one hundred
seventy-six but the undertaking executed pursuant to section twenty-five
of this chapter shall include and cover the moneys and property of the
fire district coming into his hands as treasurer.
3. Every incorporated fire company, and every town fire company
established and existing on June first, nineteen hundred thirty-three,
pursuant to sections three hundred ten, three hundred eleven and three
hundred twelve of article fourteen of chapter sixty-three of the laws of
nineteen hundred nine, entitled "An act relating to towns, constituting
chapter sixty-two of the consolidated laws," and acts amendatory thereof
and supplemental thereto, which shall have its headquarters in any water
district, water supply district, or highway district, and providing fire
protection in such district on the first day of June, nineteen hundred
thirty-three, shall continue to exist and may provide fire protection in
such districts or any of them, and each such district shall constitute a
fire protection district and be subject to all of the provisions of this
chapter relating to fire protection districts, so far as the same do not
conflict with the provisions of this subdivision. However, any water
district, governed by district commissioners, providing fire protection
pursuant to this subdivision shall constitute and be a fire district,
with all powers and limitations of a fire district so far as the same do
not conflict with the provisions of this subdivision. The town board of
the town in which any such district is located may contract with any
such incorporated fire company or town fire company for the furnishing
of fire protection within such district and the amount of any such
contract shall be assessed and levied upon the taxable property in such
district and collected in the same manner as town charges are assessed,
levied and collected. The funds so collected shall be paid by the
collector to the supervisor of the town who shall apply the same in
payment of the amount of such contract. The board of water
commissioners, in the case of water districts to which the provisions of
article thirteen of this chapter apply, or the town board of the town in
the case of the other districts hereinbefore specified, shall have and
may exercise any and all of the powers and duties of fire district
commissioners as provided in subdivisions nine to twenty-five inclusive
of section one hundred seventy-six of this chapter, and may purchase,
equip and operate an ambulance for the benefit of the residents of the
district and may, upon its own motion and shall, upon petition, cause to
be submitted at a special or annual district election a proposition in
the manner and for any of the purposes specified in section one hundred
seventy-nine of this chapter. The board of water commissioners, if there
be any, in the case of water districts, and the town board in the case
of other districts shall annually prepare and file with the supervisor
and town clerk of each town in which such district is located, an
itemized and verified statement of the amount of moneys necessary to be
raised in such district for fire purposes and the amount thereof shall
be assessed and levied on the taxable property of such district, and
collected, all in the manner provided in section one hundred eighty-one
of this chapter. An annual financial statement setting forth in detail
the receipts and expenditures of such district for fire purposes shall
be filed by the board of water commissioners, if there be any, in the
case of water districts and by the town board, in the case of all other
districts, in the manner provided in section one hundred eighty-one.
4. Nothing herein contained shall affect or impair the validity or
restrict the exercise of any power or limit the obligation or liability
conferred or imposed by law upon any now existing fire district or the
officers thereof or the qualified voters or electors thereof, except to
the extent specified in this chapter.
Exclusion of a fire district from a water supply district. 1.
Petition. Whenever a fire district shall be located wholly within the
boundaries of a water supply district which shall have no bonded
indebtedness, a written petition as hereinafter provided may be
presented to the town board of the town in which the water supply
district is located asking for the exclusion of the area included in the
fire district from the water supply district. Such petition shall be
signed, and acknowledged or proved in the same manner as a deed to be
recorded, or authenticated in the manner provided in the election law
for the authentication of nominating petitions, by resident taxpayers
owning taxable real property aggregating at least one-half of the
assessed valuation of all the taxable real property of the fire district
owned by resident taxpayers, as such valuations appear upon the latest
completed assessment roll of said town. Such petition shall have
endorsed thereon the approval of a majority of the board of fire
commissioners of such fire district. The town board shall hold a public
hearing upon such petition within the limits of the water supply
district and shall cause a notice thereof to be published and posted in
the same manner provided for hearings held pursuant to section one
hundred seventy-one hereof. Such notice shall contain a description of
the fire district referred to in the petition and specify the time when
and the place where the town board will meet to consider such petition
and to hear all the persons interested in the subject concerning the
same. After a hearing held upon notice as provided hereinbefore, and
upon the evidence given thereat, the town board shall determine whether
it is in the public interest to grant the relief sought. If it is
determined that it be not in the public interest to grant the relief
sought, it shall deny the petition, but if it is determined that it be
in the public interest, it may grant the relief sought by the petition.
2. Filing of determination. Whenever the town board shall adopt a
resolution excluding the area included in a fire district from a water
supply district, the town clerk shall cause a certified copy of such
resolution to be duly recorded in the office of the clerk of the county
in which such fire district is located and a certified copy of such
resolution to be filed with the secretary of the board of fire
commissioners of said district. When so recorded such resolution shall
be presumptive evidence of the regularity of the exclusion of such fire
district from the water supply district. The expense of such recording
shall be a charge against the fire district. The said determination
shall be final and conclusive unless a proceeding for review in the
manner provided by article seventy-eight of the civil practice law and
rules has been commenced within thirty days from the time of filing
thereof.
3. Liability for indebtedness; apportionment of liabilities and
property. If the town board shall grant a petition for the exclusion of
the territory of a fire district from a water supply district and the
territory included within the boundaries of the fire district be so
excluded, such territory within such fire district shall not be relieved
from bearing its proportionate share of any liability or indebtedness
incurred for water supply district purposes while such territory was a
part of such water supply district, and until such liability shall have
been discharged or such indebtedness paid the proportionate share
thereof to which such territory would be liable if it had not been
excluded from the water supply district, in accordance with assessed
valuations as appear on the latest completed assessment roll of said
town, shall be added to the annual budget of the fire district by the
town board.
The proportion of the liability created or the indebtedness incurred
in behalf of the water supply district and payable by a tax against the
property within the fire district which shall be assumed by the fire
district and the apportionment of the personal and real property
belonging to the water supply district shall be determined according to
the relative assessed valuation of the personal and real property in
that portion of the water supply district without the fire district, and
that portion within the fire district, in the following manner: The town
board of the town when acting as a board for the water supply district,
exclusive of a member who may reside in the fire district and the board
of commissioners of the fire district being unable to agree within six
months after the exclusion of the fire district from the water supply
district becomes final upon the proportion of the debt and the
apportionment of the personal and real property, then the supreme court
shall have power to determine such division and to enforce such award,
division and determination as shall be made in the premises in a suit in
equity to be brought in the name of either of said parties.
Use of surplus town moneys for purchase of fire apparatus for
use in town fire districts. The town board in a town in which a town
fire district has been established pursuant to the provisions of chapter
two hundred and twenty-six of the laws of nineteen hundred sixteen may
authorize the expenditure of surplus moneys of the town for the purchase
of apparatus for the extinguishment and the prevention of fires in such
town fire district.
Fire inspection of property in contract areas. The chief
officer of the fire department or fire company which is to furnish fire
protection service in a fire district, fire alarm district or fire
protection district under a contract for fire protection entered into
pursuant to the provisions of subdivision twenty-two of section one
hundred seventy-six, section one hundred eighty-three or section one
hundred eighty-four of this chapter may inspect (1) any public building
and (2) with the consent of the owner, any privately-owned building,
located within the fire district, fire alarm district or fire protection
district or the portion thereof required to be protected under such
contract, for fire hazards, or such chief officer may delegate such
power of inspection to an officer or member of such department or
company.
The term "building," as used in this section does not include a
multiple dwelling which may be inspected by such fire department or
company under and pursuant to the provisions of subdivision four of
section three hundred three of the multiple residence law.
The failure of any such officer or member to discover and properly
report any such fire hazards or his or her neglect or omission to
perform such duties shall not subject him or her, his or her fire
department, fire company, or the city, village, fire district or town in
which or of which he or she is a firefighter to any civil or other
liability. Any such fire officer or member shall not be liable civilly
for any act or acts done by him or her as a firefighter in the
performance of such duties, except for wilful negligence or malfeasance,
but the provisions of this section shall not relieve any such city,
village, fire district, town, or fire company from liability, if any,
for the negligent or wrongful acts of the officer or member in the
actual performance of such duty.
ARTICLE 11-A Joint Fire Districts In Towns and Villages
Procedure. 1. The town board of a town or the town boards of
more than one town, and the board of trustees of an incorporated village
or the boards of trustees of more than one incorporated village, as
defined in the village law, located in said town or towns are hereby
authorized to establish in such town or towns and village or villages a
joint fire district for the purposes hereinafter stated and in the
manner hereinafter provided, provided all of the territory in such joint
fire district shall be contiguous.
2. (a) Whenever it shall appear to the participating municipalities to
be in the public interest, the town board of such town and the board of
trustees of such village shall hold a joint meeting at one location
within the proposed joint district for the purpose of jointly proposing
the establishment of a joint fire district.
(b) If at such joint meeting it is determined by a majority vote of
each board to make such proposal, each such board shall, within thirty
days thereafter, hold a joint public hearing at one location within the
proposed joint district upon such proposal and shall cause notice of
such public hearing to be published in a newspaper having general
circulation in such town and village, at least once, and posted in five
public conspicuous places in the town outside such village and in five
public conspicuous places in the village, not less than ten days before
the date of the hearing. In the event that the district maintains a
website, one of the posting requirements may be fulfilled by posting
such information on the website. Notice of such hearing also shall be
served by such clerk upon the members of the town board and the members
of the board of trustees of the village, by mail addressed to such
members at their last known post office addresses, at least ten days
before the date of the hearing. Such notice shall contain a brief
description of the boundaries of the proposed joint fire district and of
the objects and purposes for which it is proposed that a new district be
created, and shall specify the single time when and place where such
town and village boards will jointly meet to consider the proposal and
to hear all persons interested in the establishment of the district. If,
upon the establishment of a joint fire district, the joint fire district
would become the sponsor of a service award program pursuant to section
two hundred sixteen-b of the general municipal law, the notice of
hearing shall so specify and contain a statement of the estimated annual
cost of the service award program to the joint fire district; provided,
however, that if, upon the establishment of a joint fire district, the
joint fire district would become the sponsor of a service award program
pursuant to section two hundred sixteen-b of the general municipal law,
the resolutions establishing the district shall be submitted to
referendum in each such town and village in the manner provided by
article seven of this chapter or article nine of the village law,
respectively.
(c) After such hearing, and upon evidence given thereat, and after
considering the objections, if any, the town board of such town and the
board of trustees of such village shall determine whether it is or is
not in the public interest to establish such joint fire district, and,
if it is determined to be in the public interest, subject to permissive
referendum, such town board and board of trustees shall, by resolution,
duly adopted by a majority of each board, establish such joint fire
district; provided, however, that if, upon the establishment of a joint
fire district, the joint fire district would become the sponsor of a
service award program pursuant to section two hundred sixteen-b of the
general municipal law, the resolutions establishing the district shall
be submitted to referendum in each such town and village in the manner
provided by article seven of this chapter or article nine of the village
law, respectively.
(d) In all respects the provisions of article eleven of this chapter,
not inconsistent herewith, shall apply to the establishment, operation
and management of any joint fire district provided for by this section.
(e) In all respects the provisions of this article, not inconsistent
herewith, shall apply to the operation and management of any joint fire
district heretofore established pursuant to the unconsolidated laws.
3. If, subsequent to the joint meeting for the establishment of a
joint fire district as provided in subdivision two of this section and
before the establishment of such district, it is desired to include in
such proposed district any portion of the territory of an adjoining
town, the procedure shall be as follows:
(a) The town board of the town or towns and the board or boards of
trustees of the villages which held such joint meeting and the town
board of each adjoining town may hold a joint meeting for the purpose of
jointly proposing the inclusion of the territory of such adjoining town
in the proposed joint fire district.
(b) If at such meeting it is determined by a majority vote of each
board to make such proposal, each such board shall, within thirty days
thereafter, hold a joint public hearing upon such proposal and shall
cause notice of such public hearing to be published in a newspaper
having general circulation in each such town and village, at least once,
and posted in five public conspicuous places in each such town outside
each such village and in five public conspicuous places in each such
village, not less than ten days before the date of the hearing. Notice
of such hearing also shall be served by such clerk upon the members of
the town board or boards and the members of the board of trustees of the
village or villages, by mail addressed to such members at their last
known post office addresses, at least ten days before the date of the
hearing. Such notice shall contain a brief description of the boundaries
of the proposed joint fire district and of the objects and purposes for
which it is proposed that a new district be created, and shall specify
the time when and place where such town and village boards will meet to
consider the proposal and to hear all persons interested in the
establishment of the district.
(c) After such hearing, and upon evidence given thereat, and after
considering the objections, if any, the town boards of such town and the
board of trustees of such villages, shall determine whether it is in the
public interest to establish such joint fire district and if it is
determined to be in the public interest, subject to permissive
referendum, such town boards and boards of trustees shall by resolution,
duly adopted by a majority of each board, establish such joint fire
district.
(d) In all respects the provisions of article eleven of this chapter,
not inconsistent herewith, shall apply to the establishment and the
operation and management of any joint fire district provided for by this
section.
4. Any joint fire district formed pursuant to the provisions of this
article may be extended from time to time to include contiguous
territory except contiguous territory in a city. The procedure for
extending the district shall be as follows:
(a) The town board of each town and the board of trustees of each
village in which any portion of the district as proposed to be extended
is located shall hold a joint meeting at one location for the purpose of
jointly proposing the extension of the district.
(b) If at such meeting it is determined by a majority vote of each
board to make such proposal, each such board shall, within thirty days
thereafter, hold a joint public hearing at one location upon such
proposal and shall cause notice of such public hearing to be published
in a newspaper having general circulation in each affected town and
village, at least once, and posted in five public conspicuous places in
each affected town outside any affected village and in five public
conspicuous places in each affected village, not less than ten days
before the date of the hearing. Notice of such hearing also shall be
served by such clerk upon the members of each town board and the members
of each village board of trustees, by mail addressed to such members at
their last known post office addresses, at least ten days before the
date of the hearing. Such notice shall contain a brief description of
the boundaries of the proposed extension of the joint fire district and
of the objects and purposes for which it is proposed that the district
be extended and shall specify the single time when and place where such
town and village boards will jointly meet to consider the proposal and
to hear all persons interested in the extension of the district. If,
upon the extension of a joint fire district, the joint fire district
would become the sponsor of a service award program pursuant to section
two hundred sixteen-b of the general municipal law, the notice of
hearing shall so specify and contain a statement of the estimated annual
cost of the service award program to the joint fire district; provided,
however, that if, upon the extension of a joint fire district, the joint
fire district would become the sponsor of a service award program
pursuant to section two hundred sixteen-b of the general municipal law,
the resolutions establishing the districts shall be submitted in each
such town and village in the manner provided by article seven of this
chapter or article nine of the village law, respectively.
(c) After such hearing, and upon evidence given thereat, and after
considering the objections, if any, the town board of each such affected
town and the board of trustees of each such affected village shall
determine whether it is or is not in the public interest to extend such
joint fire district, and, if it is determined to be in the public
interest, subject to permissive referendum, such town board and board of
trustees shall, by resolution, duly adopted by a majority of each board,
extend such joint fire district; provided, however, that if, upon the
extension of a joint fire district, the joint fire district would become
the sponsor of a service award program pursuant to section two hundred
sixteen-b of the general municipal law, the resolutions establishing the
districts shall be submitted in each such town and village in the manner
provided by article seven of this chapter or article nine of the village
law, respectively.
(d) A signed or certified copy of the determination extending the
district shall be recorded in the office of the county clerk and, when
so recorded, shall be presumptive evidence of the regularity and
validity of the extension of the district and of the acts of the town
board or boards and village board or boards of trustees relating
thereto. A review of such determination may be had in the manner
provided in section one hundred seventy-three of this chapter, except
that the undertaking for costs and expenses shall run to such town or
towns and village or villages and apply to the costs and expenses of
each.
(e) In all respects the provisions of article eleven of this chapter,
not inconsistent herewith, shall apply to the extension, operation and
management of any joint fire district provided for by this section.
Sale of firehouse, land and apparatus. The board of trustees
of a village or the commissioners of a fire district, all of the
territory of which is embraced within the boundaries of a joint fire
district established or extended pursuant to the provisions of this
article, may by resolution authorize the sale or transfer of a firehouse
(including the plot of land on which the building or fire district is
situated), fire apparatus and fire equipment owned by such village or by
such fire district to said joint fire district with or without
consideration and, upon such terms and conditions as to such board of
trustees or board of commissioners may deem fitting and proper.
Establishment of district. The clerk of such town or village
designated by the town and village boards participating in the
determination to establish or extend any joint fire district pursuant to
this article shall, within ten days, cause a certified copy of the
determination establishing or extending the district to be filed in the
state department of audit and control at Albany, New York, and shall,
within ten days, cause a certified copy of such determination to be
recorded in the office of the county clerk, and when so recorded it
shall be presumptive evidence of the regularity and validity of the
creation of the district and of the acts of such boards relating
thereto. A review of such determination may be had in the manner
provided in section one hundred seventy-three of this chapter, except
that the undertaking for costs and expenses shall run to such town and
village and apply to the costs and expenses of each.
Management of affairs of joint fire districts. Subject to the
restrictions hereinafter established, the property and affairs of joint
fire districts shall be under the management and control and in charge
of a board of not less than three and not more than seven commissioners,
appointed by the town board of the town or the town boards of the towns
and the board of trustees of the village or the boards of trustees of
the villages in joint session as hereinafter provided, or elected as
provided in article eleven of this chapter, as may be determined by
resolution adopted at the meeting for the establishment of the district
in the same manner as the resolution for the establishment of the
district is adopted; or as may be determined by a joint consolidation
agreement or elector initiated consolidation plan in accordance with
article seventeen-A of the general municipal law. In case it is
determined that the commissioners shall be selected in the manner
provided by article eleven of this chapter, the appointments as provided
for in subdivision one of section one hundred seventy-four of this
chapter shall be made by the town board, or, if the district includes
territory in more than one town, by the town board of all of the towns
at a joint session held at one location within the district and
thereafter elections shall be held as provided in article eleven of this
chapter except that the terms of the commissioners shall be as
hereinafter provided. They shall be residents of such district and in
case selection is made as provided in article eleven of this chapter
there shall be no other residential requirement, but otherwise if there
are an even number of commissioners not more than half at any time shall
be residents of such village or villages and if there are an odd number,
the number that are residents of such village or villages shall not
exceed the number that are residents of such town or towns by more than
one. First appointments hereunder shall be made in the following manner:
If there be three commissioners, the term of one shall expire one year,
of another two years and of the other three years from the then next
ensuing thirty-first day of December, and thereafter one shall be
appointed annually for a term of three years from the date of the
expiration of the term of his predecessor. If there be four
commissioners, the term of one shall expire one year, of another two
years, of another three years, and of the other four years from the then
next ensuing thirty-first day of December, and thereafter one shall be
appointed annually for a term of four years from the date of the
expiration of the term of his predecessor. If there be five
commissioners, the term of one shall expire one year, of another two
years, of another three years, of another four years, and of the other
five years from the then next ensuing thirty-first day of December, and
thereafter one shall be appointed annually for a term of five years from
the date of the expiration of a term of his predecessor. If there be six
commissioners, the term of one shall expire one year, of another two
years, of another three years, of another four years, and of the
remaining two, five years from the then next ensuing thirty-first day of
December, and thereafter appointments shall be made for a term of five
years from the date of the expiration of the term of each commissioner.
If there be seven commissioners, the term of one shall expire one year,
of another two years, of another three years, and of two of the others
four years, and of the remaining two, five years from the then next
ensuing thirty-first day of December, and thereafter appointments shall
be made for a term of five years from the date of the expiration of the
term of each commissioner. Such board of commissioners may employ
necessary labor and assistants, at a compensation approved by such
boards in joint session. Such commissioners shall receive no
compensation for their services, but they and their employees shall be
allowed and paid their necessary expenses, payable as expenses of the
district.
Powers of board of commissioners. The board of commissioners
shall have and exercise, with respect to such district, the applicable
powers and duties of a board of fire district commissioners as
prescribed by the town law, with respect to similar functions of a fire
district in a town and all of the provisions of article eleven of this
chapter shall be applicable to a joint fire district created pursuant to
this article. Such powers and duties of the board of district
commissioners are subject to the following restriction:
No real property or easement therein shall be acquired by the board of
commissioners without the approval of the village board or boards and
the town board or boards of each village or town in which any portion of
the district is situated. But this restriction shall not apply if, at
the meeting for the establishment of any such district hereafter
established, a resolution to that effect is adopted in the same manner
as the resolution for the establishment of the district is adopted.
Appointment of district treasurer. The board of fire
commissioners shall appoint to serve during its pleasure, a district
treasurer, who shall receive and have the custody of the funds of the
district and shall disburse the same for the purposes herein authorized
on the order of the board of fire commissioners. The board of fire
commissioners also shall appoint a district secretary, who shall have
the custody of all the records, books and papers of the district. The
secretary shall attend all meetings of the board of fire commissioners
and act as clerk thereof, shall keep a complete and accurate record of
the proceedings of each meeting; and shall have and exercise such
additional duties as the board of fire commissioners may determine not
inconsistent with law.
Annual statement of expenditures and levy of taxes. 1. (a)
The fiscal year of each joint fire district shall begin on the first day
of January and end on the thirty-first day of December. For each fiscal
year, the board of commissioners of each joint fire district shall
prepare and adopt an annual budget in accordance with subdivisions two
and three of section one hundred eighty-one of this chapter.
(b) Within three days after the adoption of the annual budget of a
joint fire district, the fire district secretary shall prepare and
deliver to the town clerk of each town in which the fire district is
located two certified copies of the annual budget, and file a certified
copy of the annual budget with the clerk of each village in which the
joint fire district is located. Neither the town board, town supervisor,
town clerk or any other officer or employee of any such town, nor the
board of trustees, mayor, clerk, treasurer or any other officer or
employee of any such village, shall make any change to the annual budget
of the fire district.
(c) After the annual budget of the joint fire district has been
affixed to the annual budget adopted by the town board and a certified
copy presented to the board of supervisors of the county in which the
town is situated as required by section one hundred fifteen of this
chapter, the board of supervisors shall assess and levy upon the taxable
real property within the joint fire districts the amounts to be raised
by tax for the purposes of the respective districts as specified in such
annual budgets and shall cause the amount so assessed and levied to be
collected, in the same manner and at the same time and by the same
officers as town taxes are assessed, levied and collected, provided,
that when a joint fire district is located in more than one town, the
amount to be raised by tax from the area of each such town in which the
joint fire district is located shall be determined in accordance with
subdivision (d) of this section. When such taxes are collected, the
amount thereof shall be paid to the supervisor of the town and by him
immediately paid to the treasurer of the joint fire district.
(d) If a joint fire district includes taxable property located in more
than one town, the amount to be assessed, levied and collected upon the
property within each of such towns shall be apportioned in accordance
with section eight hundred six of the real property tax law.
2. In any case where a parcel of real property separately assessed on
the town assessment roll shall be divided by the line of the joint fire
district or of any zone established therein as provided in subdivision
twenty-seven of section one hundred seventy-six of this chapter, it
shall be the duty of the town assessors, after the valuation of the
whole of such parcel shall have been fixed, to determine what proportion
of such valuation is on account of that part of such parcel lying within
the limits of the joint fire district or of such zone or zones, and the
assessors shall enter such proportion separately on the assessment roll.
The valuation of the real property lying within such joint fire district
or within such zone or zones, as so fixed and determined, shall be the
valuation subject to taxation for the purposes of such joint fire
district or of such zone or zones.
3. The treasurer of each joint fire district shall prepare and file
annually in the office of the town clerk of each town in which any part
of such joint fire district shall be located, and in the office of the
state comptroller, a financial statement setting forth in detail the
receipts and expenditures of such joint fire district. Such statement
shall be filed in such offices within sixty days after the close of the
fiscal year of the joint fire district.
Fire protection. The board of fire commissioners shall
provide fire protection throughout the entire district and for that
purpose may accept the services of any volunteer fire department or
company organized and operating within the village, or if the
commissioners are unable to provide such fire protection by volunteer
services, it may employ and fix the compensation of such firefighters as
may be necessary to provide such protection. Moneys, if any, paid to
firefighters shall be deemed a part of the cost of maintenance and
operation of the district.
ARTICLE 12 District and Special Improvements
Establishment or extension of improvement districts. Upon a
petition as hereinafter provided, the town board of any town may
establish 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 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
situate 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
referendum.
Water storage and distribution districts. In the manner
hereinafter provided, the town board of any town may establish or extend
in such town a water storage and distribution district for the purpose
of acquiring or developing a supply of water for sale to water and water
supply districts within the water storage and distribution district for
redistribution by them. A water storage and distribution district shall
consist of water districts and water supply districts which need not be
contiguous.
Sewage disposal districts. In the manner hereinafter
provided, the town board of any town may establish or extend in such
town a sewage disposal district for the purpose of conveying and
disposing, or conveying, treating and disposing of sewage from sewer
districts or wastewater disposal districts within such sewage disposal
district. A sewage disposal district shall consist of sewer districts or
wastewater disposal districts, or any combination thereof, which need
not be contiguous.
Preparation of maps and plans. 1. Upon a petition 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 at least twenty-five owners
of taxable real property situated within each water district or water
supply district proposed to be included in a water storage and
distribution district or by five per centum of the owners of taxable
real property situated within each such district, whichever shall be
less, or, in the case of a water district governed by a separate board
of commissioners, by a majority of such board, the town board shall, or
on its own motion, after a public hearing, may, make a study of the
proposal and for such purpose it may assemble data relating to the water
resources available to the town and the possibility of developing such
resources, may conduct investigations, make inquiries and conduct public
meetings upon such notice as it shall deem proper for the purpose of
examining into the matter, and, if such preliminary study shall, in its
opinion, warrant further action, may cause maps and plans to be
prepared. Such maps and plans shall show (1) the identity and boundaries
of the water districts which the town board in its judgment considers
will be benefited by the establishment or extension of a water storage
and distribution district, (2) a written description, as in a deed of
conveyance, of the boundaries of the proposed water storage and
distribution district or extension, (3) the source of water supply and a
description of the lands, streams, water and water rights and
facilities, if any, to be acquired therefore, the mode of constructing
the proposed water works and the location thereof, including reservoirs,
water purification or treatment works, standpipes, wells, pumping
stations, aqueducts and mains, (4) estimates of the cost of construction
or acquisition of the facilities as shown on the maps and plans, and (5)
the method of financing the same including estimates of revenue to be
derived annually from the sale of water to water and water supply
districts within the water storage and distribution district and revenue
to be derived from the sale of water to a village or from any other
source; estimates of the cost of acquisition and construction of water
storage and distribution facilities, of maintenance and operation and of
debt service.
2. The notice of public hearing to be held as aforesaid shall recite
in general terms the purpose thereof, describe the boundaries of the
proposed district or extension and specify the time when and place where
the town board will meet to consider the proposition and to hear all
persons interested in the subject thereof concerning the same. Such
notice shall be published and posted as prescribed in section one
hundred ninety-three of this chapter.
3. After such maps and plans shall have been prepared, the town board
shall, by resolution, designate the place where and time when a public
hearing will be held to consider the establishment or extension of a
town water storage and distribution district. The town board shall cause
a notice of such hearing to be published and posted in the manner
prescribed in section one hundred ninety-three. The notice shall comply
with the requirements of section one hundred ninety-three as to content,
except that no recitation of the filing of a petition shall be made.
4. Establishment or extension of the district. After the public
hearing, the town board shall proceed in the manner prescribed by
sections one hundred ninety-four, one hundred ninety-five and one
hundred ninety-seven of this chapter and all of the provisions of said
sections shall apply to the establishment or extension of water storage
and distribution districts except that the town board shall not
determine whether the petition is signed, and acknowledged or proved, or
authenticated, as required by law and is otherwise sufficient and
provided further that a resolution approving the establishment or
extension of the district shall be subject to permissive referendum in
the manner provided in article seven of this chapter, except as
hereinafter provided. The time within which a petition requesting that
the matter be submitted to the qualified electors of the districts
affected shall be sixty days after the adoption of the resolution and
the proposition submitted must be approved by the affirmative vote of a
majority of the qualified electors of each district voting thereon. A
petition requesting a referendum shall be sufficient if signed, and
acknowledged or proved, or authenticated, as to each district, by
twenty-five owners of taxable real property situated therein, by owners
of taxable real property situated in any of the districts equal to the
product obtained by multiplying the number of districts by fifty or by
fifty per centum of all of the owners of taxable real property situated
in one district. The town clerk shall cause to be prepared and have
available for distribution proper forms for the petition and shall
distribute a supply to any person requesting the same.
Procedure for establishment of a sewage disposal district.
All of the provisions of section one hundred ninety-c of this chapter,
relating to the preparation of maps and plans and establishment of a
water storage and distribution district, shall apply to the preparation
of maps and plans and establishment of a sewage disposal district,
except that in the case of a sewage disposal district, the map and plan
shall show the mode of constructing the proposed sewer facilities and
the location thereof, including trunk, interceptor and outfall sewers,
pumping stations and sewage treatment and disposal works.
Wastewater disposal districts. 1. The town board of any town
is hereby authorized to establish or extend a wastewater disposal
district, or more than one such district, in said town, outside of any
incorporated village or city, for the purpose of administration and
planning (including educational programs), design, installation,
construction, rehabilitation, replacement, operation and maintenance
(including pumping and inspections), monitoring, residual treatment and
disposal and regulation of private on-site wastewater disposal systems
of such district. Such wastewater disposal district shall be created or
extended in the manner provided by and pursuant to the provisions of
this article. The territory embraced within any such wastewater disposal
district may be composed of noncontiguous areas or properties (but shall
not include any areas or properties included in sewer districts). When
so created, a wastewater disposal district shall be deemed to be an
improvement district created pursuant to the provisions of this article,
and shall be subject to the procedural requirements therein set forth.
2. All of the provisions of section one hundred ninety-c of this
article, relating to the preparation of maps and plans and establishment
of a water storage and distribution district, shall apply to the
preparation of maps and plans and establishment of a wastewater disposal
district, except that in the case of a wastewater disposal district, the
map and plan shall also show the mode and frequency of collection,
conveying, treating and disposing of wastewater or residual wastewater,
the mode and frequency of inspections and monitoring and the location of
properties requiring construction or replacement of private on-site
wastewater disposal systems in the next five years.
Additional powers of sewer districts. Notwithstanding any
other provision of law a sewer district may also exercise all the powers
of a wastewater disposal district if the map and plan prepared pursuant
to section one hundred ninety-c of this article includes on-site
wastewater disposal systems.
Water quality treatment districts. 1. The town board of any
town is hereby authorized to establish or extend a water quality
treatment district, or more than one such district, for the purposes of
(a) procuring by purchase, lease or other means, and installing water
quality treatment units or devices, if required; providing periodic
testing and monitoring of raw and finished water from private wells in
the district; monitoring, modifying, repairing, replacing, operation and
maintenance, regenerating water quality treatment units and devices and
the administering of the treatment and disposal of residuals generated
in the operation of the district pursuant to rules and regulations
adopted by the public health and health planning council under section
two hundred twenty-five of the public health law; (b) assisting local,
state and federal agencies and officials in efforts to establish causes
of, and implement remedial measures to reduce, water contamination and
protect future water resources within the district; (c) conduct public
meetings and issue an annual public report to members of the district on
the operation, financial position and water quality condition of said
district.
2. A water quality treatment district established hereunder may
consist of noncontiguous or contiguous benefited parcels of property and
shall be created by a resolution of the town board, upon petition after
a public hearing. The petition may be executed and acknowledged by one
or more of the owners of taxable real property of record situated within
the town whose private well water is contaminated and at the time the
petition is executed and acknowledged, notice and copy of such petition
shall be submitted to the state department of health. Upon a petition
signed and acknowledged the town board may, or on its own motion, after
a public hearing, assemble data relating to the number and location of
private wells within the town, the contaminants present in the water
supply in such town's private wells, (for the purposes of this section,
"contaminants" shall mean those substances found in amounts or
concentrations which violate federal, state or local laws, guidelines or
rules and regulations relating to drinking water or which may pose a
risk to public health), the extent of contamination of the water supply
in the town's private wells, and the availability of appropriate
treatment technologies for the contaminants found to be present, or
which are reasonably expected to be found, currently or in the future,
in the water supply in the town's private wells. Upon presentation of
the petition or on its own motion, the town board may direct or cause
maps and plans to be prepared, provided however, that if the owner or
owners of taxable real property undertake to furnish or pay the cost of
such maps and plans at his or their cost and expense, the town board
shall accept or prepare the same or the town board may adopt a
resolution, subject to a permissive referendum, appropriating a specific
amount to pay the cost of preparing a general map and plan for providing
water quality treatment units or devices and related services. The town
board may determine that such maps and plans 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 that 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 maps and plans
shall be a town charge, and shall be assessed, levied and collected in
the same manner as other town charges. If the town board shall
thereafter establish or extend a water quality treatment district, the
expense incurred by the town for the preparation of the maps and plans
therefor shall be deemed to be part of the cost of such improvement, and
the town shall be reimbursed the amount paid therefor, or such portion
of that amount which the town board, at the public hearing held pursuant
to section one hundred ninety-four of this chapter, shall allocate
against such district. Nothing in this section contained, or in any
other section of this act, shall be construed to prevent the financing,
in whole or in part, of expenditures by private sources, grants or by
other means. All such maps and plans shall be filed with the town clerk.
Such maps and plans shall show (1) the location of all benefited parcels
of properties with water quality treatment units or devices installed
prior to the formation of the district and/or those properties requiring
installation of water quality treatment units or devices and the mode
and frequency of testing, monitoring, modifying if required, operation
and maintenance, regenerating of such water quality treatment units or
devices and the administering of the treatment and disposal of residuals
and any other requirements pursuant to rules and regulations adopted by
the public health and health planning council under section two hundred
twenty-five of the public health law, and (2) estimates of the costs of
procurement, installation, monitoring, testing, modifying, if required,
operation and maintenance, regenerating of such water quality treatment
units or devices and the treatment and disposal of residuals, and the
method of financing the same. Any water quality treatment unit or device
which has been installed prior to the formation of the district must be
approved pursuant to rules and regulations adopted by the public health
and health planning council under section two hundred twenty-five of the
public health law, prior to acceptance of such unit or device and its
benefited property within the district.
3. Maps and plans shall be submitted to and approved or denied, in
writing, by the state department of health. Copy of such notice of
approval or denial shall be filed in the office of the clerk of the town
in which the proposed district or extension is located. No public
hearing shall be called to establish or extend a water quality treatment
district until such maps and plans have been approved by the state
department of health.
4. After such maps and plans shall have been approved by the state
department of health, the town board shall, by resolution designate the
place where and time when a public hearing will be held to consider the
establishment or extension of a water quality treatment district. The
town board shall cause a notice of such hearing to be published and
posted in the manner prescribed in section one hundred ninety-three. The
notice shall comply with the requirements of section one hundred
ninety-three as to content, except that no recitation of the filing of a
petition shall be made. The notice of public hearing shall recite in
general terms the purpose thereof and describe the location or locations
of the proposed district or extension.
Petition. Except as otherwise provided in the case of a water
storage and distribution district, water quality treatment district or
sewage disposal district, a petition for the establishment or the
extension of an improvement district shall be signed by the owners of
taxable real property situate in the proposed district or extension
thereof, owning in the aggregate at least one-half of the assessed
valuation of all the taxable real property of the proposed district or
extension thereof, as shown upon the latest completed assessment-roll of
said town; provided, however, that if there be any resident owners, the
petition shall include the signatures of resident owners owning taxable
real property aggregating at least one-half of the assessed valuation of
all the taxable real property of the proposed district or extension
owned by resident owners, according to the latest completed
assessment-roll. If a portion only of a parcel of such real estate
appearing upon the assessment-roll is situate within the proposed
district or extension thereof, then the town board may determine the
relative value of the part thereof within the proposed district or
extension thereof, based upon the valuation of the entire parcel as the
same appears upon the assessment-roll. Such petition shall describe the
boundaries of the proposed district or extension in a manner sufficient
to identify the lands included therein as in a deed of conveyance, and
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. If such petition shall request the construction or
acquisition of an improvement, it shall state the maximum amount
proposed to be expended therefor. If the petition shall not request the
construction or acquisition of an improvement but shall propose the
performance or supplying of certain services, it may state the maximum
amount to be expended annually for such services. In addition, a
petition for the establishment or extension of a park or public parking
district shall describe the property proposed to be acquired for the
purposes thereof.
Preparation of maps and plans for sewer, wastewater disposal,
drainage and water districts before petition. The town board of any town
may adopt a resolution, subject to a permissive referendum,
appropriating a specific amount to pay the cost of preparing a general
map and plan for providing sewer, wastewater disposal, drainage or water
facilities and services in any portion of the town not included within
the boundaries of any incorporated village, city or existing improvement
district in which such facilities or services are provided, except that
all or part of an incorporated village may be included therein 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 five-a of the village law, as the case may be. All such
maps and plans shall conform with the requirements of section one
hundred ninety-two of this article, and shall be filed with the town
clerk. The town board may determine that such maps and plans 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 that
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 maps
and plans shall be a town charge, and shall be assessed, levied and
collected in the same manner as other town charges. If the town board
shall thereafter establish or extend a sewer, wastewater disposal,
drainage or water district and construct a sewer, wastewater disposal,
drainage or water system therein, pursuant to the provisions of section
one hundred ninety-one of this article, the expense incurred by the town
for the preparation of the maps and plans therefor shall be deemed to be
part of the cost of such improvement, and the town shall be reimbursed
the amount paid therefor, or such portion of that amount which the town
board, at the public hearing held pursuant to section one hundred
ninety-four of this chapter, shall allocate against such district.
Maps and plans for sewer, wastewater disposal, drainage and
water districts. Every petition for the establishment or extension of a
sewer, wastewater disposal, drainage or water district shall be
accompanied by a map and plan prepared by a competent engineer, duly
licensed by the state of New York, showing the boundaries of the
proposed district and a general plan of the proposed sewer, wastewater
disposal, drainage or water system, as the case may be. If a sewer or
drainage district is proposed, such map shall show all outlets and the
terminus and course of each proposed main sewer or drain together with
the location and a general description of all sewage disposal plants,
pumping stations and other public works, if any, and shall be consistent
with, so far as possible, any comprehensive plan for sewers developed
and maintained pursuant to section ninety-nine-f of the general
municipal law. If a water district is proposed, said map and plan shall
show the source of water supply and a description of the lands, streams,
water or water rights to be acquired therefor, the mode of constructing
the proposed water works and the location thereof, including reservoirs,
water purification or treatment works, water mains, distributing pipes
and hydrants, and shall be consistent with, so far as possible, any
comprehensive plan for public water supply systems developed and
maintained pursuant to section ninety-nine-f of the general municipal
law. If, however, the petition shall specify that the supply of water to
be used in said water district shall be purchased from a municipal or
other corporation, or any person, then said map and plan shall set forth
and show only the water mains, distributing pipes, hydrants, reservoirs,
if any, and location of each. Before any sewer system is constructed in
any such district, the town board shall cause a copy of the map and plan
of the proposed sewer system and sewage disposal plant or proposed
extension thereto to be submitted to the state department of health,
and, if approved, it shall be filed in the office of the state
department of health and the town clerk. The state department of health
may require profiles to be submitted for any sewers or drains shown on
such map and plan. Such map and plan may be amended with the approval of
the state department of health, and if approved, it shall be filed in
the office of the state department of health and the town clerk.
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.
Notice of hearing on petition; cost to typical property;
definitions. 1. a. Whenever a petition shall be presented to the town
board pursuant to this article, for the establishment or extension of a
sewer, wastewater disposal, drainage, water, water quality treatment,
park, public parking, lighting, snow removal, water supply, sidewalk,
refuse and garbage, aquatic growth control district, ambulance district,
harbor improvement district, public dock district, beach erosion control
district, watershed protection improvement district, or a fallout
shelter 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
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. 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.
b. (1) If the permission of the state comptroller is not required
pursuant to section one hundred ninety-four 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 as proposed to be assumed pursuant to
subdivision twelve of section one hundred ninety-eight of this article
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 that 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.
(2) Notwithstanding the provisions of subparagraph one of this
paragraph, 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.
2. For purposes of this article the following definition shall apply:
a. the term "typical property" shall mean a benefited property having
an assessed value that approximates the assessed value of the mode of
the benefited properties situated in the district or extension that will
be required to finance the cost of the proposed improvements;
b. the term "typical one or two family home" shall mean a benefited
property improved by a one or two family dwelling and having an assessed
value that approximates the assessed value of the mode of the benefited
properties improved by one or two family dwellings situated in the
district or extension that will be required to finance the cost of the
proposed improvements:
c. the terms "cost of the district or extension to the typical
property" and "cost of the district or extension to the typical one or
two family home" shall mean the amount that it is estimated that the
owner of such a typical property or home within the district or
extension will be required to pay for debt service, operation and
maintenance and other charges, such as user charges, related to the
improvements in the first year following formation of the district or
extension or, if greater, in the first year in which both principal and
interest on any indebtedness and operation and maintenance costs will be
paid.
d. the term "mode" shall mean, in connection with assessed value of
property, the most frequently occurring assessed value as shown on the
latest completed final assessment roll.
Establishment or extension of districts. 1. After a hearing
held upon notice as hereinbefore provided and upon the evidence given
thereat, the town board shall determine by resolution: (a) whether the
petition is signed, and acknowledged or proved, or authenticated, as
required by law and is otherwise sufficient;
(b) whether all the property and property owners within the proposed
district or extension are benefited thereby;
(c) whether all the property and property owners benefited are
included within the limits of the proposed district or extension;
(d) whether it is in the public interest to grant in whole or in part
the relief sought.
2. (a) If the town board shall determine that the petition is not
signed, and acknowledged or proved, or authenticated, as required by law
or that it is otherwise insufficient, or if it is determined that it be
not in the public interest to grant in whole or in part the relief
sought, the town board shall deny the petition.
(b) If the town board shall determine that the petition is signed, and
acknowledged or proved, or authenticated, as required by law and is
otherwise sufficient and that it is in the public interest to grant the
relief sought, either in whole or in part, but shall find that any part
or portion of the property or property owners within the proposed
district or extension are not benefited thereby or that certain property
or property owners benefited thereby have not been included therein, the
town board shall specify the necessary changes of the boundaries of the
proposed district or extension to be made in order that all of the
property and property owners and only such property and property owners
as are benefited shall be included within such proposed district or
extension, and the board shall call a further hearing at a definite
place and time not less than fifteen nor more than twenty-five days
after such determination. Notice of such further hearing shall be posted
and published in the manner provided in section one hundred ninety-three
hereof except that such notice shall also specify the manner in which it
is proposed to alter the boundaries of the proposed district or
extension. Such further hearing shall be conducted in the same manner as
an original hearing upon a petition. If and when the town board shall
determine in the affirmative all of the questions set forth in
subdivision one of this section, the board may adopt a resolution
approving the establishment or extension of the district as the
boundaries shall be finally determined and the construction of the
improvement or providing of the service therein, but no such resolution
so approving shall be adopted unless the petition shall comply with the
requirements of section one hundred ninety-one as to sufficiency of
signers as the boundaries of the proposed district or extension shall be
finally determined.
3. (a) Within ten days after the adoption of a resolution by a town
board approving the establishment or extension of a district and the
construction of an improvement or the providing of a service therein,
the town clerk of the town shall file a certified copy of such
resolution, in duplicate, in the office of the state department of audit
and control at Albany, New York, together with an application, in
duplicate, for permission to create or extend such district as the case
may be. Such application shall be executed and verified by the
supervisor, or such other officer of the town as the town board shall
determine, and shall include the following:
(1) A certified copy of the petition (omitting, however, the
signatures, and acknowledgments or proofs, or authentications) and in
the instance of a sewer, drainage or water district, of the map and plan
accompanying the same;
(2) An itemized statement of the then outstanding indebtedness of the
town for all purposes, as evidenced by bonds, bond anticipation notes,
capital notes and budget notes; the amount of joint indebtedness
contracted or incurred for a joint service or a joint water, sewage or
drainage project and the amount of such indebtedness allocated and
apportioned to the town, as defined in title one-a of the local finance
law; the amount of the indebtedness proposed to be contracted for the
improvement; the amount of budgetary appropriations for the payment of
any such indebtedness, whether or not such appropriations have been
realized as cash, and the amounts, purposes and probable dates of
issuance of any bonds, bond anticipation notes, capital notes and budget
notes which the town has authorized to be issued but which in fact have
not been issued on the date of such application;
(3) A statement of the aggregate assessed valuation of the real
property situated in the proposed district or extension thereof, as such
assessed valuations are shown on the last completed assessment roll of
the town prior to the date of such application;
(4) A statement of the average full valuation of the taxable real
property of the town. Such average full valuation shall be determined in
accordance with the provisions of the first paragraph of subdivision
seven-a of section 2.00 of the local finance law;
(5) A statement as to the manner in which it is proposed to finance
the cost of the improvement.
(b) Whenever such an application shall be filed in the office of the
department of audit and control, the state comptroller shall within five
days thereafter give notice thereof to the board of supervisors of the
county in which such proposed district or extension is located by filing
with the clerk of such board of supervisors one copy of such
application. At any time within fifteen days of the filing of the
application, the board of supervisors may file an objection, in writing,
in the office of the department of audit and control. In addition, the
state comptroller shall determine whether the public interest will be
served by the creation or extension of the district and also whether the
cost thereof will be an undue burden upon the property of the proposed
district or extension. 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.
4. Upon the expiration of fifteen days from the date of the filing of
such application with the clerk of the board of supervisors and upon
reaching a determination, the comptroller shall make an order, in
duplicate, granting or denying permission for the creation or extension
of the district 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
district or extension is located. The town clerk shall present such
order to the town board of the town at the next meeting thereof.
5. If the state comptroller shall deny permission for the creation or
extension of the district, the town board shall forthwith adopt an order
denying the petition. If the state comptroller shall grant permission
therefor, the town board may adopt an order establishing the district or
extension as the boundaries shall be finally determined.
6. Except as otherwise provided by section two hundred two-b of this
article, the permission of the state comptroller shall not be required
for the establishment or extension of a district and the construction of
an improvement or the providing of a service therein, including an
increase in the maximum amount proposed to be expended for the
improvement in a district, unless it is proposed or required that the
town in which such district or extension is located shall finance the
cost thereof by the issuance of the bonds, notes, certificates or other
evidences of indebtedness of the town therefor or it is proposed that
debt service on obligations issued to finance the costs of facilities
acquired be assumed, pursuant to subdivision twelve of section one
hundred ninety-eight of this article, and, if the state comptroller
shall have computed average estimated costs for similar types of
districts, the cost of the district or extension to the typical property
or, if different, the costs of the district or extension to the typical
one or two family home, as stated in the notice of hearing, is above the
average estimated cost to typical properties or homes for the
establishment or extension of similar types of districts as may be
annually computed by the state comptroller. The state comptroller
annually shall provide to towns notice of the average cost thresholds as
may be computed in accordance with this section.
Powers of town boards with respect to certain contracts. Upon
the adoption of a resolution, the town board of any town may enter into
such contracts, as it may deem necessary, with any person, corporation
or association for the purpose of ensuring that the cost of any
improvement district will not constitute an undue burden upon the
property within such district and may require the filing of a surety
bond or bonds or the deposit of cash or securities with the town board
to ensure the performance of such contracts.
Recording of determination; review by certiorari. 1. The town
clerk shall cause a certified copy of the determination or order of the
town board adopted pursuant to the provisions of this article, or
adopted pursuant to the provisions of article seventeen-A of the general
municipal law, establishing, extending, dissolving or diminishing any
district, consolidating districts or increasing the maximum amount
proposed to be expended for the improvement in any district or extension
thereof, or determining to construct any improvement authorized by this
article, 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
order or determination by the town board, and when so recorded such
determination or order shall be presumptive evidence of the regularity
of the proceedings for the establishment, extension, dissolution or
diminution of such district, of the proceedings instituted for the
construction of such improvement and of all other action taken by said
town board in relation thereto.
Within ten days after the adoption of a determination or order by the
town board establishing, extending, dissolving or diminishing a
district, or consolidating districts, the town clerk shall cause a
certified copy thereof to be filed in the office of the state department
of audit and control at Albany, New York.
2. Any interested person aggrieved by any final determination or order
made pursuant to the provisions of this article may review the same by
certiorari provided that the application for such order of certiorari is
made within thirty days from the date of the recording of the certified
copy of the order or determination in the office of the clerk of the
county. The said determination or order shall be final and conclusive
unless application has been made for review by certiorari within thirty
days from the time of recording thereof. No review shall be had unless
at the time of the application for a certiorari order 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
sureties, that, in the event of failure to modify said final
determination or order he or they will pay to the town board, all such
costs and expenses as are incurred by it on account of the said
certiorari proceedings, as shall be determined by the court. In the
event that upon such review there shall be any modification by the court
of said final determination or order 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 places and manner as was the determination or order appealed from.
Modification of plans for sewer, wastewater disposal, drainage,
water or water quality treatment districts. 1. When the town board shall
have established a sewer, wastewater disposal, drainage, water or water
quality treatment district and adopted a plan of sewerage, wastewater
disposal, drainage, water or water quality treatment system for such
district, such plan shall not be modified by the board, nor by any
officer of the town, except after public notice given by publication in
the official paper of intention to modify the same, which notice shall
specify the particulars in which it is proposed to modify it, and a time
and place when the board will consider any objections which may be made
thereto, which time shall not be less than ten nor more than twenty days
after the first publication of said notice. When any change shall be
made in the plan proposed and once adopted, a revised or additional map
and profile shall be made showing the change, and all such maps and
profiles shall be carefully preserved in the office of the town clerk
and open to inspection by all persons interested.
2. In the case of water quality treatment districts, amendments or
modifications of plans must have the written approval of the department
of health prior to adoption. At the request of an owner of a parcel of
property within the town, if the private well water on such property is
contaminated, a water quality treatment district plan may be amended,
from time to time, to include said parcel of property. If an owner of a
parcel of property within the town requests exclusion from the district,
such request shall be granted without the state department of health
approval. The removal of a parcel of property from a district shall in
no way affect the owner's liability for charges which have accrued
against the owner's property, prior to said exclusion, for the
procurement, installation, modification, replacement and removal of a
water quality treatment unit or device or for expenses of operation and
maintenance including monitoring, testing, regenerating and treating.
Should a public or private water system, supplier or authority commence
supplying water to any parcel of property within a water quality
treatment district, such parcel of property shall no longer be
considered part of the water quality treatment district, and all
services to such parcels shall be terminated. Termination of services
shall include, the removal of all water quality treatment units or
devices and a charge for the cost of doing so to the benefited property,
except when such unit or device was acquired and owned by the property
owner or when the district determines that such unit or device is
obsolete and no longer useful for any district purpose.
Performance of the work. If the town board shall upon the
petition determine to grant the relief sought by the petitioners and
establish or extend a district either in whole or in part, or if the
town board shall determine to establish or extend a district on its own
motion without a petition but after a public hearing and subject to a
permissive referendum as provided in article twelve-A of this chapter,
the town board shall, after such determination becomes effective,
require the town engineer, or an engineer employed for that purpose, to
prepare definite plans and specifications for the improvement, a careful
estimate of the expense, and, with the assistance of the town attorney,
or an attorney employed for that purpose, a proposed contract or
contracts for the execution of the work, and to file the same with the
town clerk within a time to be prescribed by the said town board.
Thereupon the said board shall examine such definite plans,
specifications, estimates and the proposed contract or contracts, and
may make such modifications and changes in the plans, specifications,
estimates and contract or contracts as to the board shall seem
expedient, and thereupon the board may adopt or reject the same. If the
estimated expense of the improvement does not exceed the amount
specified for public work in subdivision one of section one hundred
three of the general municipal law, the board may adopt such plans and
specifications and cause said improvement to be made or may enter into a
contract or contracts therefor without giving public notice thereof. If
the estimated expense exceeds such amount, upon adopting the plans and
specifications, the board shall invite sealed proposals for furnishing
the material and labor necessary by the publication of a notice at least
once in the official paper and in such other newspaper as to the board
may seem expedient, requiring all persons who shall offer to do said
work to file a sealed proposal or offer to do the work, and with it a
certified check for a sum equal to five per centum of the estimated
expense of the improvement, payable to the order of the supervisor, or a
bond with sufficient sureties, to be approved by the supervisor, in a
penal sum equal to five per centum of the estimated expense of the
improvement, conditioned that if his proposal is accepted he will enter
into a contract for the same, and that he will execute such further
security as may be required for the faithful performance of the
contract. If a person or corporation making such proposal shall fail to
enter into a contract pursuant to the requirements of the board, or
shall fail to give the further security which may be prescribed in said
notice, within the time to be limited therein, then the check deposited
as aforesaid and the moneys standing to the credit of the same shall be
forfeited to the town as liquidated damages and not as a penalty, and
the supervisor shall collect the same or enforce the payment of the bond
for the benefit of the town. The notices inviting sealed proposals shall
specify a time when and place where they will be received and considered
and they shall be received and considered publicly at such time and
place. There shall be at least ten and not more than thirty days between
the first publication of the notice and the time when the proposals will
be received, and during that time the plans and specifications for the
work shall be exhibited publicly in the office of the town clerk. It
shall be the duty of the town clerk to provide that all persons desiring
to examine the same shall have reasonable opportunity to do so, and that
there shall be no discrimination in favor of any person or persons in
the opportunity to make proper examination of said plans and
specifications. The town board may award one contract for the entire
work or separate contracts for portions thereof. The board shall
determine the lowest responsible bidder or bidders whose bid and check
or bond shall have been made and filed in conformity with this section
and with the notice published by the board as aforesaid, and the
contract or contracts shall be awarded to the lowest responsible formal
bidder therefor, unless in the judgment of the board it shall be in the
interests of the town to reject all bids and to advertise anew. In that
event, the board shall proceed accordingly. In no event shall any
contract be awarded if the total expense of the improvement shall exceed
the maximum amount stated in the petition or in the final order, if the
town board proceeded under article twelve-A of this chapter. Nothing in
this section shall be construed to prevent the town from performing any
such work or part thereof by or through its regular employees and the
cost thereof shall be considered as part of the expense of the
improvement.
Contracts by water districts or town water storage and
distribution districts with water authorities. The town board may enter
into an agreement with a public water authority which possesses express
reciprocal powers whereby the award of contracts or orders for
engineering services, and for work performed, or materials or supplies
furnished in connection with the construction, development, extension or
improvement of a water supply or distribution system, or any part or
parts thereof, for or on behalf of a water district or a town water
storage and distribution district may be made by such public water
authority, and such an agreement may contain provisions equitably
allocating costs. If such agreement shall authorize a public water
authority to purchase supplies or equipment or to construct public
works, such authority shall be subject to all provisions of law to which
a town would be subject in relation to advertising and awarding any such
contracts for supplies, equipment or public works. The town board, where
a water district exists, may enter into an agreement with a public water
authority which possesses express reciprocal powers whereby the award of
contracts or orders for engineering services, and for work performed, or
materials or supplies furnished in connection with the construction,
development, extension or improvement of a water supply or distribution
system, or any part or parts thereof, for or on behalf of such public
water authority may be made by such town, and such an agreement may
contain provisions equitably allocating costs.
Powers of town boards with respect to improvement districts.
The town board of every town, except as otherwise provided by law, shall
have authority to and may exercise the following powers with respect to
improvement districts, heretofore or hereafter established, subject to
the provisions of this article:
1. Sewer districts. After a sewer district shall have been
established, the town board may: (a) lay out, open, design, construct,
alter and maintain sanitary sewers, sewage disposal plants or any
necessary work appurtenant thereto, for the benefit of any sewer
district in said town, provided, however, that any such improvement
shall be consistent with, so far as possible, any comprehensive plan for
sewers developed and maintained pursuant to section ninety-nine-f of the
general municipal law;
(b) contract with any person or corporation, municipal or otherwise,
for supplying the inhabitants of such district with sanitary sewer
facilities;
(c) contract for the purchase from any person or corporation,
municipal or otherwise, of any trunk sewer, lateral sewer, sewer system
or disposal plant, rights of way and appurtenances, for the purpose of
supplying the inhabitants of any such district with sanitary sewer
facilities, provided that prior to the purchase of a lateral sewer a
petition for such purpose stating the maximum amount to be expended
therefor shall be filed with the town clerk, signed by the owners of
taxable real property fronting or abutting upon either side of any
street or highway, or part of a street or highway, in said district
wherein said lateral is constructed to the extent of at least one-half
of the entire frontage on both sides of said street or highway, or part
aforesaid, as shown upon the latest completed assessment roll of said
town, and the procedure thereon and for the financing of such purchase
and the levy of assessments therefor shall be the same as provided in
this chapter for the construction of a lateral sewer in a sewer
district;
(d) regulate the construction of all private sewers and prescribe the
manner in which sewer connections shall be made, provided, however, that
such construction shall be consistent with, so far as possible, any
comprehensive plan for sewers developed and maintained pursuant to
section ninety-nine-f of the general municipal law;
(e) cause sewer pipes to be laid, relaid or repaired in or below the
surface of any public highway, road, street or avenue in a county in
which such town is located or in an adjoining county, as a necessary use
of the highway and for highway purposes, without obtaining any easement
therefor from the owner of the fee of the land in said public highway,
road, street or avenue. The town board shall cause such highway, road,
street or avenue to be restored to its usual condition at the expense of
the district benefited. No sewer pipes shall be laid under any highway,
road, street or avenue in another town or any city or incorporated
village without the consent of the governing board of such town, city or
village, and if such highway be a state or county highway or a highway
constructed pursuant to section one hundred ninety-four or one hundred
ninety-five or article six of the highway law, in addition to such
consents, the consent of the commissioner of transportation;
(f) enter into a contract or contracts with another sewer district or
with any incorporated city or village or with one or more corporations
or individuals for the joint disposal of sewage, and the expense of such
joint disposal of sewage shall be apportioned between the contracting
parties in proportion to the areas served, volumes of sewage disposed of
or the benefits received by each contracting party;
(g) adopt, from time to time, ordinances, rules and regulations for
the operation of the sewer district and the use of the sewer system
therein, and enforce compliance with such ordinances, rules and
regulations as provided in section one hundred thirty-five of this
chapter;
(h) establish, from time to time, charges, fees or rates to be paid by
the owners of real property within such district for the connection of
house service lines or mains with such sewer system. Such connection
charge may include any expense incurred for the purpose of providing
service, whether such expense be incurred for construction within the
property line or within the street lines. In addition, such connection
charge may include a fee for the inspection of such connection, the
expense of performing service in relation thereto or for any other
special benefit received;
(i) establish, from time to time, charges, fees or rates for the use
of such sewer system, to be designated "sewer rents". Such rents may be
based upon the metered consumption of water on premises connected with
the sewer system, making proper allowance for commercial use of water,
the number and kind of plumbing fixtures connected with the sewer
system, the number of persons served by the sewer system, or upon any
other equitable basis, as the town board may determine. The provisions
of this paragraph shall apply only to those sewer districts in which
sewer rents have been established and are being imposed on May first,
nineteen hundred fifty-one, pursuant to the provisions of this
paragraph. The provisions of this paragraph shall not prevent a town
from acting pursuant to the provisions of paragraph (l) of this
subdivision;
(j) establish, from time to time, charges, fees or rates for services
rendered or work performed for the particular or special benefit of any
individual parcel or portion of real property within such sewer
district;
(k) provide by ordinance, rule or regulation for the time within which
rates, charges, fees or sewer rents may be paid, and may provide a
penalty not exceeding ten per centum of the amount due when such rates,
charges, fees or sewer rents are in arrears for thirty days or longer,
and may provide for the payment of such charges, fees, rates or sewer
rents in advance. The town clerk shall annually file with the town board
statements showing the unpaid rates, charges, fees or sewer rents in
such districts. Such statements shall contain a brief description of the
property against which such sewer rents were imposed, the names of the
persons or corporations liable to pay for the same and the amount
chargeable to each. The supervisor shall transmit such statement to the
board of supervisors which shall levy such sums against the property
liable and shall state the amount of the tax in a separate column in the
annual tax rolls of such town under the name of "sewer charges". Such
tax shall be paid to the supervisor of such town. All of the provisions
of the existing tax laws of the state of New York covering the
enforcement and collection of unpaid town taxes or assessments for
special improvements in the several towns of the state of New York not
inconsistent herewith shall apply to the collection of such unpaid sewer
charges. All fees, charges, rates and sewer rents may be used for the
payment of the cost of the management, maintenance, operation and repair
of the sewerage system including treatment and disposal works, or for
the enlargement or replacement of the same. The term "sewer rents", as
used in this paragraph, has reference only to sewer rents established
pursuant to paragraph (i) of this subdivision;
(l) notwithstanding any other provisions of law, establish and impose
sewer rents pursuant to the provision of article fourteen-f of the
general municipal law as a source of revenue, other than assessments
upon benefited real property, for financing district expenditures. Such
sewer rents may be expended as provided in article fourteen-f of the
general municipal law and, to the extent that such sewer rents provide a
source of revenue for such expenditures, assessments shall not be levied
upon property especially benefited by the sewer system or the part or
parts thereof for which such rents are established and imposed. This
paragraph does not affect any provisions of law relating to the
authorization or construction of any improvement in a sewer district.
1-a. Sewage disposal districts. The town board shall have and exercise
all of the powers with respect to a sewage disposal district which are
provided in subdivision one in the case of sewer districts, in so far as
the same are consonant with the purposes of the sewage disposal
district, as described in section one hundred ninety-b, provided,
however, that the charges for trunk sewer, sewage treatment and sewage
disposal service shall be sufficient to pay all estimated annual costs
of operation and maintenance and all annual installments of principal
of, and interest on, obligations issued on behalf of the sewage disposal
district. In the event that such revenues in any year are insufficient,
the excess of cost over revenues may be assessed against the real
property of the district as hereinafter provided.
1-b. Wastewater disposal districts. (a) The town board shall have and
exercise all of the powers with respect to a wastewater disposal
district which are provided in subdivision one in the case of sewer
districts, in so far as the same are consonant with the purposes of the
wastewater disposal district, as described in section one hundred
ninety-e of this article, provided, however, that the charges for all
wastewater disposal district services shall be sufficient to pay all
estimated annual costs of operation and maintenance and all annual
installments of principal of, and interest on, obligations issued on
behalf of the wastewater disposal district. In the event that such
revenues in any year are insufficient, the excess of costs over revenues
may be assessed against the real property of the district as hereinafter
provided.
(b) The town board shall also have power to institute an industrial or
commercial cost recovery system for payment to the United States by the
commercial users of the private on-site wastewater disposal system of
that portion of the cost of construction of such system which is
applicable to the treatment of commercial wastes to the extent
attributable to the federal share of the cost of construction.
(c) The town board shall also have the power to submit, on behalf of
individual property owners who have requested such assistance in
writing, an application for federal assistance and state assistance
towards the eligible cost of construction of private on-site wastewater
disposal systems.
(d) Upon approval of an application for federal assistance towards the
eligible cost of construction of private on-site wastewater disposal
systems the town board may enter into a contract with the federal
government for payment of such assistance.
2. Drainage districts. After a drainage district shall have been
established, the town board may lay out, open, design, construct,
maintain and alter drains, storm water sewers, pumping stations or
necessary works appurtenant thereto, and improve any water course for
the benefit of any drainage district in such town; contract with any
person or corporation, municipal or otherwise, for supplying the
inhabitants of such drainage district with storm sewerage facilities;
contract for the purchase from any person or corporation, municipal or
otherwise, of any trunk sewer, sewer system, pumping station, rights of
way and appurtenances, for any such purpose or purposes; and may
regulate the construction of all private drains and storm sewers and
prescribe the manner in which storm sewer connections shall be made. The
town board may lay and construct storm water sewers and necessary
incidental appurtenances thereto in and below the surface of any public
highway, road, street or avenue of such town within a drainage district
as a necessary use of the highway and for highway purposes under the
supervision of the town superintendent of highways without obtaining any
easement therefor from the owner of the fee of the land in such public
highway, road, street or avenue in the drainage district.
3. Water districts. (a) Construction of system. After a water district
shall have been established, the town board may construct, maintain,
extend, repair and regulate water works, wells, reservoirs, or basins
for the purpose of supplying the inhabitants of any water district in
such town, with pure and wholesome water for domestic and commercial
uses, and for protection against fire; provided, however, that any such
improvement shall be consistent with, so far as possible, any
comprehensive plan for public water supply systems developed and
maintained pursuant to section ninety-nine-f of the general municipal
law. The town board may cause water pipes and necessary appurtenances
thereto to be laid, relaid or repaired in or under the surface of any
highway in a county in which such town is located or in an adjoining
county, for the purpose of transporting water to a water district in
said town, and shall cause such highway to be restored to its usual
condition at the expense of the district benefited, or may cause water
pipes and necessary appurtenances thereto to be constructed along an
easement acquired for such purpose, pursuant to law. No water pipes
shall be laid under any highway, road, street, or avenue in any city or
incorporated village without the consent of the governing board of such
city or village, and if such highway be a state or county highway, or a
highway constructed pursuant to section one hundred ninety-four or one
hundred ninety-five or article six of the highway law, in addition to
such consents, the consent of the state superintendent of public works.
The town board may also acquire by purchase any existing water system,
or a portion or portions thereof, in the county in which such town is
located, and/or in an adjoining county, for the purpose of supplying the
inhabitants of a water district in such town, but the cost of
acquisition thereof shall not exceed the maximum amount stated in the
petition or in the final order, if the town board proceeded under
article twelve-A of this chapter. For the purpose of promoting the
health, safety, morals or general welfare of the community, including
the protection and preservation of the property of the town and of its
inhabitants and for the maintenance of peace and good order and for the
benefit of trade, or for any of such purposes, the town board may lay,
construct and maintain mains and conduits, subject to the supervision of
the town superintendent of highways, in, on, along or under the surface
of any highway, road, street or avenue within the water district, as a
necessary use thereof for highway purposes and without obtaining any
easement therefor from the owner of the fee of the land in such
highways, roads, streets or avenues, and the town board may erect and
place hydrants, valves, valve boxes, pipes and necessary appurtenances
thereto, in, on, along or under the surface of such highways, roads,
streets and avenues, or any of them, or in or along any easements
acquired for such purpose as provided in this subdivision. The town
board may also exercise similar powers in, on, along or under the
surface of any private highways, roads, streets or avenues within the
water district, as a necessary use thereof for the purpose of promoting
the public welfare, provided that there be dwelling houses erected and
used for residential purposes on the lands abutting on such private
highway, road, street or avenue. The owners of the land in such private
highways, roads, streets or avenues may be compensated for the use
thereof in damages which shall be assessed and determined as provided in
article eight of the highway law upon the opening of a new highway where
easements have not been granted. If the town board shall cause or permit
any excavation to be made in any highway, road, street or avenue for the
performance of work pursuant to the provisions of this article, the town
board shall cause such highway, road, street or avenue to be restored to
its usual condition at the expense of the district benefited. Supply
pipes connecting with district mains shall be installed and repaired at
the property owner's expense under the direction of an employee of the
town or the district after a permit therefor has been granted, except
that the town board may, by resolution, provide that that portion of a
supply pipe within the bounds of a public highway shall be installed,
maintained and repaired by the water district. The costs of
installation, maintenance and repair shall be district charges to be
assessed, levied and collected as provided in sections two hundred two
and two hundred two-a of this chapter. The town board may also fix a
uniform service charge for the installation of such portion of a supply
pipe, regardless of the location of the water main and regardless of the
soil, rock or other physical conditions within the highway, and provide
for the time and manner of payment of such charge by the property owner
served by the supply pipe. If a property owner shall fail to pay the
uniform service charge, a statement showing the name of the property
owner and the amount unpaid and containing a brief description of the
real property shall be transmitted to the board of supervisors of the
county and such amount shall be levied and collected as an assessment
against the real property, all in the manner provided in paragraph (d)
of this subdivision in the case of unpaid water rents. Such service
charges, when collected, may be used for any water district purpose,
except as otherwise provided by law. Any member of the town board or the
board of district commissioners, if there be one, or a duly authorized
agent of either, may at any time enter a building or upon premises where
water is used from supply pipes connected to a district system, for the
purpose of examining such pipes and the manner of installation thereof.
(b) Purchase and sale of water. The town board may contract with any
person or corporation, municipal or otherwise, or with a town or county
on behalf of a water district, for a supply of water, for a term not to
exceed forty years, and shall have the power and authority to resell
said water to the inhabitants and consumers in said water district and
may use such portion thereof within the district as it may see fit and
proper for public purposes and provide for the payment as a town charge
of that portion of the cost of said water used by the town. The town
board may also sell water for the benefit of such water district to
municipalities, water districts, water supply districts and fire
districts, and for fire purposes to fire protection districts, fire
alarm districts and for "unprotected areas" pursuant to section one
hundred eighty-four-a of this chapter, but the town board shall not
supply water of such water district to that portion of any fire
district, fire protection district, fire alarm district or any such
"unprotected area" which shall be included within the boundaries of
another water district. The town board, in its discretion, may permit
the use of water from hydrants of a water district for fire purposes
without charge in all or any part of the area of a fire district, fire
protection district, fire alarm district, or "unprotected area", which
is wholly or partly included within the area of such water district. The
town board may permit any person or corporation owning real estate
outside of the water district to use water from a district system for a
rental, subject to the restrictions to be prescribed by said board,
provided, however, that no such use shall be permitted outside of the
town in which such district is located if such territory is served by
another water district, a water supply company, city, village or joint
water works system unless the approval of the water power and control
commission is first obtained. The town board shall not sell nor permit
the use of water under this section outside of the district if such use
will reduce the supply of water so that it will not be sufficient for
the district affected or its inhabitants.
(c) Ordinances, rules and regulations. The town board shall have the
power to adopt, from time to time, ordinances, rules and regulations for
the operation of the water district and the use of water therein, and in
addition to the remedies provided in section one hundred thirty-five for
the enforcement thereof or for the punishment of violators, the town
board may enforce compliance with such ordinances, rules and regulations
by cutting off the supply of water.
(d) Water rates. The town board shall establish, from time to time,
the water rates to be paid by consumers and may provide for the payment
of said water charges in advance. The board may provide that a discount
shall be allowed for the prompt payment of water rates within the time
required by the board for the payment thereof. Such water charges shall
be a lien upon the real property upon which or in connection with which
the water was used. The town board may provide by ordinance or
resolution that unpaid water charges in arrears for thirty days or
longer shall be subject to a penalty not exceeding ten per centum of the
amount due, and may further provide for cutting off the supply of water
if such water charges are not paid within sixty days from the date due.
At the same time as the filing of the estimates specified in section one
hundred four of this chapter, or in case the town board shall elect by
resolution a subsequent date, which in no event shall be later than
November first in any year, the town clerk shall annually file with the
town board, and with the supervisors of adjoining towns in which permits
have been issued to property owners, statements showing the unpaid water
charges in the respective districts and towns and which have not
appeared on any such statements previously filed. Such statements shall
contain a brief description of the property upon which the water was
used, the names of the persons or corporations liable to pay for the
same and the amount chargeable to each. The supervisor of the town in
which the districts are located and the supervisors of adjoining towns
in which permits have been issued shall transmit such statements to the
board of supervisors of the county at its next regular meeting. The
board of supervisors shall levy such sums against the property liable
and shall state the amount of the tax in a separate column in the annual
tax rolls of the various towns under the name of "Water Rents." Such tax
shall be paid to the supervisors of the respective towns. The
supervisors of adjoining towns shall pay the same out of the first money
collected which is available for town purposes to the supervisor of the
town in which the water districts are located. All of the provisions of
the existing tax laws of the state of New York covering the enforcement
and collection of unpaid town taxes or assessments for special
improvements in the several towns of the state of New York not
inconsistent herewith shall apply to the collection of such unpaid water
rents. Such water rates when collected, shall be applied toward the
maintenance, operation, enlargement and improvement of the water system
and for the payment of the principal and interest of bonds issued for
the purposes of such district.
3-a. (a) Water quality treatment districts. After a water quality
treatment district has been established, the town board may take such
action as may be necessary or desirable to adopt plans and
specifications and enter into a contract or contracts, request, receive
and administer grants and other sums of money necessary or proper for
the purposes of the district, or take such other action as may be
necessary or desirable for water quality treatment, including but not
limited to the procurement, by purchase, lease or other means, of a
water quality treatment unit or device, installation, monitoring,
testing, modifying, operation and maintenance, and the imposition of
charges for the expense thereof when such expense is not paid for by a
private source, grant or by any other means.
(b) An agreement between the town board and an owner of a benefited
parcel of property shall be entered into before the procurement,
installation and maintenance of a water quality treatment unit or
device. An agreement between such parties shall also be required for the
modification and/or maintenance of a water quality treatment unit or
device which is in place at the time when the property becomes a part of
the district, however, the modification and/or unit or device must first
be approved by the state department of health. Such agreements may be
amended from time to time by mutual consent of the town board and the
owner of a benefited parcel of property. The agreement shall set forth
the amount to be paid by the owner attributable to the expense of
procurement, installation, and modification, as the case may be, of the
water quality treatment unit or device, and shall contain a statement
that the ownership of the treatment units or devices purchased by the
district shall remain the property of the district and that charges for
monitoring, testing, operation and maintenance shall be determined
annually as provided in section two hundred two-a of this chapter. All
of the expenses for the procurement and installation or modification may
be paid at the time an agreement is entered into. The town board may, by
resolution, authorize payment of the expenses of procurement,
installation or modification of the water quality treatment unit or
device over a period of time in annual installments. Such resolutions
shall set forth whether the annual installments shall be due and payable
at the same time as town and county taxes are due or at another time.
The option of paying such expenses in annual installments, if provided
by town board resolution, shall be available to each property owner in
the district. If such annual installments shall be due at the same time
as town and county taxes, the supervisor shall transmit the amount of
the annual installments to the tax levying body for the levy and
collection and enforcement of the same in the manner and at the same
time as town and county taxes are levied, collected and enforced.
(c) Where the annual installments are to be paid at any other time,
the resolution shall set forth the time and manner of payment and
collection. Such resolution may be amended from time to time. If any
portion or an installment for the procurement, installation and
modification of such unit or device is not paid within thirty days of
when it is due, the town board shall notify the owner of the property
that unless such amount is paid within ten days from the date of the
notice, such unit or device may be removed at the expense of the
property owner. If the owner fails to pay such amount by such date, the
town board may cause such unit or device to be removed. After such
removal, the town board shall send the owner a statement of the amount
due, together with the amount of expense attributable to removal of such
unit or device, and the total amount thereof shall be a lien upon such
real property and collection thereof shall be enforced at the same time
and in the manner as the collection of town and county taxes are
enforced with interest as provided herein. If the unit or device is not
so removed, the collection of the amount set forth in the first notice
of delinquency shall be enforced at the same time and in the manner as
the collection of town and county taxes are enforced. The total amount
set forth in such first notice, together with interest thereon shall be
a lien upon such real property until it is paid. Interest shall be
charged at the rate of one percent per month or fraction thereof,
subsequent to the expiration of the ten days notice, until paid or the
date of tax sale, whichever is sooner. On or before the first day of
July in each year, the supervisor shall prepare and transmit to the tax
enforcement officer or body, a list of those properties and property
owners who are in arrears and the amount chargeable to each with
interest thereon, as provided herein. All of the provisions of the
existing tax laws of the state of New York covering the enforcement and
collection of unpaid town taxes or assessments for special improvements
in the several towns of the state of New York not inconsistent herewith
shall apply to the collection of such unpaid charges. Such amounts, when
collected, shall be credited to the applicable water quality treatment
district fund and shall be used only for such district purposes.
(d) The agreement shall also contain a grant by the owner to the water
quality treatment district, its agents, employees and representatives
authorized to act on its behalf, a right of entry and access to the
property, while such property is within such district, for the purpose
of installation, modification, replacement, repair, monitoring, testing,
operation and maintenance, regeneration and removal of the water quality
treatment unit or device. Thereafter employees, agents and authorized
representatives of the district shall have a right of entry and access
to such property for the purposes specified herein, upon reasonable
notice at reasonable times. If a lessee or occupant of said property
refuses to allow such entry and access, the town board may apply to a
court of competent jurisdiction to enforce its right of entry and
access. If entry and access was refused by the owner of the property,
the town board may in its discretion remove the water quality treatment
unit or device at the expense of the owner, unless such unit or device
was acquired and owned by the property owner and exclude the property
from the district. Such expense together with any other charges accrued
prior to such removal shall be collected in the manner provided in
paragraph (c) of subdivision three-a of section one hundred ninety-eight
of this chapter.
4. Park districts. After a park district shall have been established,
the town board shall proceed to acquire by purchase or condemnation of
the property described in the petition or in the final order, if the
town board proceeded under article twelve-A of this chapter, for the
establishment of such park district, and, thereafter the board may erect
or cause to be erected thereon non-commercial buildings and structures
and it may purchase necessary equipment and otherwise improve such
property for park purposes, as the board may determine. In existing park
districts, the town board may acquire by purchase, condemnation or
lease, property for public parking places and maintain the same in
accordance with the provisions of subdivision five hereof, without the
establishment of a public parking district. No property situated within
an incorporated village or city shall be acquired in any manner for park
purposes, unless the permission and consent of the board of trustees of
such village or the common council or legislative body of such city, is
first obtained; provided that such permission and consent, if obtained
subsequent to the acquisition of any such property, shall be effective
for all purposes and to the same extent as though obtained prior to such
acquisition. The town board may sell, convey and transfer any property
acquired for park purposes at such an amount as it may determine but not
less than the original cost thereof, and apply the proceeds of such
sale, conveyance or transfer to the purchase of other property for park
purposes and improve such property in the manner provided herein. The
town board of the town of Oyster Bay may also convey and transfer to the
state of New York or to any municipal or district corporation as defined
by section three of the general corporation law, any property acquired
for park purposes, or any part thereof, when no longer needed, either
without consideration or for such consideration and upon such terms and
conditions as the town board may determine and the resolution
authorizing such conveyance or transfer shall be subject to a permissive
referendum. The town board of the town of Hempstead may lease to the
board of cooperative educational services, as defined by article forty
of the education law, any property acquired for park purposes, or any
part thereof, when no longer needed, either without consideration or for
such consideration and upon such terms and conditions as the town board
may determine. The town board may employ such persons and expend such
amount of money as may be necessary for the proper maintenance of such
park for the use, convenience and enjoyment of the inhabitants of such
park district, and, may in its discretion, grant licenses and privileges
for any use of such park and park property which contributes thereto.
The town board may fix a reasonable charge for the use of such park by
all persons other than inhabitants and taxpayers of such park district,
and, in addition, the board may adopt general rules and regulations for
the government and protection of the park and all property therein, and,
for the enforcement thereof, provide that the violator of any rule or
regulation relating to the park or property therein shall be guilty of a
misdemeanor and shall, on conviction, in the county of Nassau before a
judge of the district court, and elsewhere before a justice of the
peace, be punished by a fine not exceeding fifty dollars, or, in default
of payment of such fine, by imprisonment not exceeding thirty days.
5. Public parking districts. After a public parking district shall
have been established, the town board shall proceed to acquire by
purchase, condemnation or lease the property described in the petition
or in the final order, if the town board proceeded under article
twelve-A of this chapter for the establishment of such public parking
district, and, thereafter the board may purchase necessary equipment and
otherwise improve such property for parking vehicles, as the board may
determine. The town board may sell, convey, lease and transfer any
property acquired for public parking purposes at such an amount as it
may determine but not less than the original cost thereof, and apply the
proceeds of such sale, conveyance, lease or transfer to the purchase of
other property for public parking and improve such property in the
manner provided herein. The town board may employ such persons and
expend such amounts of money as may be necessary for the proper
maintenance of such public parking places. The town board may fix
reasonable charges for the use of such public parking places, and for
the purpose of collecting such charges may acquire, install and maintain
parking meters. The board may adopt general rules and regulations for
the government of such public parking places, and, for the enforcement
thereof, provide that the violator of any rule or regulation relating to
the public parking place shall be guilty of a misdemeanor. Where parking
meters are placed upon highways located outside of villages but within
the public parking district at the expense of the town, the town board
may transfer such parking meters to the parking district upon payment to
the town of the present market value of such meters, in which event the
fees from such parking meters shall belong to the parking district and
the cost of operation and maintenance thereafter be borne by such public
parking district. The rules and regulations for the government of
parking meters owned by a public parking district which are located on
highways within the district may be adopted only pursuant to the
provisions of the vehicle and traffic law.
6. Lighting districts. After a lighting district shall have been
established, the town board may contract for a term not exceeding ten
years for the illumination of the streets or highways in said district,
or such portion thereof as such board may determine. Whenever said
district shall have been established and the town board shall have
determined to light only a portion of the streets and highways in said
district and shall have awarded a contract accordingly, the lighting of
additional streets and highways in said district may be contracted for
as said town board, in its discretion, may, from time to time, determine
advisable. If the town board shall deem it advisable or if the petition
shall require the town board so to do, said town board may purchase
lighting standards at the expense of said district and may enter into a
contract for the installation and maintenance thereof and for supplying
electricity or gas therefor.
Whenever a petition requesting the installation of street lighting
equipment along a street or highway or portion thereof in any lighting
district, signed by the owners of real estate fronting or abutting upon
either side of said street, highway or portion thereof to the extent of
at least one-half of the entire frontage or bounds on both sides
thereof, 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, is filed with the town
clerk, the town board shall adopt an order reciting in general terms the
filing of such petition and its contents and specifying the time and
place, when and where said board will meet to consider said petition and
to hear all persons interested in the subject matter thereof. A copy of
such order, certified by the town clerk, shall 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 date set therein for the
hearing, and shall also be posted on the sign-board of the town
maintained pursuant to subdivision six of section thirty of this
chapter. After such hearing and upon evidence given therein, the town
board shall determine by resolution (a) whether the petition is signed,
and acknowledged or proved, or authenticated as required by law and is
otherwise sufficient, and (b) whether it is in the public interest to
grant, in whole or in part, the relief sought. If the town board shall
determine that the petition is not signed, or acknowledged or proved, or
authenticated as required by law, or that it is otherwise insufficient,
or if it be determined that it is not in the public interest to grant in
whole or in part the relief sought, the town board shall deny the
petition. If the town board shall determine in the affirmative the
sufficiency of the petition and that it is in the public interest to
grant in whole or in part the relief sought, the town board may adopt a
resolution approving the petition and authorizing the installation of
street lighting equipment along the streets, highways or portions
thereof described in the petition, and in such case the town board is
authorized to purchase and to have installed the street lighting
standards and wiring. The cost of such improvement upon completion
thereof, or at any time prior thereto, may be financed by the issuance
of obligations of the town, pursuant to the local finance law. The town
board shall annually apportion and assess upon the several lots and
parcels of land within the district in proportion to the amount of
benefit which the improvement shall confer upon the same, and in the
manner provided in section two hundred two-a of the town law for the
assessment of the cost of maintenance in a sewer district, an amount
sufficient to pay the principal of and interest on said obligations as
the same shall become due and payable. The cost of maintenance of such
improvement shall be a charge upon the district.
7. Snow removal districts. After a snow removal district shall have
been established, the town board may contract for a term not exceeding
ten years for the removal of snow from all the sidewalks in said
district or such portion thereof as the board may determine. Whenever
the town board shall have awarded a contract for the removal of snow
from a portion of the sidewalks in any such district, the town board may
contract for the removal of snow from additional sidewalks in said
district from time to time as the said town board in its discretion may
determine advisable. Whenever the town board may determine it
advantageous so to do, it may employ a sufficient number of persons and
provide the necessary equipment to remove snow from sidewalks within the
district, at the expense of said snow removal district.
8. Water supply districts. After a water supply district shall have
been established, the town board may contract for a term not exceeding
forty years for the delivery by a water district, municipal corporation,
water authority, or by a corporation subject to the provisions of
article four of the transportation corporations law, of a supply of
water for fire, sanitary or other public purposes, to such district, and
for the furnishing, erection, maintenance, care and replacement of fire
hydrants in connection therewith.
8-a. Water storage and distribution districts. The town board shall
have and exercise all of the powers with respect to a water storage and
distribution district which are provided in subdivision three in the
case of water districts, in so far as the same are consonant with the
purposes of the water storage and distribution district, as described in
section one hundred ninety-a, provided, however, that the charges for
water sold shall be sufficient to pay all estimated annual costs of
operation and maintenance and all annual installments of principal of,
and interest on, obligations issued on behalf of the water storage and
distribution district. In the event that such revenues in any year are
insufficient, the excess of cost over revenues may be assessed against
the real property of the district as hereinafter provided.
9. Refuse and garbage districts. After a refuse and garbage district
shall have been established in such town, the town board may,
(a) Provide for the collection and/or resource recovery or
disposition, or any combination thereof of garbage, ashes, rubbish and
other waste matter in such district, and for any of such purposes may
construct, operate and maintain refuse resource recovery, disposal or
incinerator plants, and establish, operate and maintain sanitary
landfills, acquire the necessary lands therefor, and purchase, operate
and maintain all necessary appliances appurtenant thereto, including
such vehicles as may be required for the collection and resource
recovery or disposition thereof; or the town board may contract for the
collection and resource recovery or disposal of animal or vegetable
refuse, ashes, garbage or any waste matter, and for that purpose may
award one or more contracts for a period not exceeding ten years for the
collection and twenty years for the resource recovery or disposal
thereof for all refuse and garbage districts in such town or separate
contracts for each district or part thereof. Whenever the town board may
determine it advantageous so to do, it may employ a sufficient number of
persons and provide the necessary equipment to collect such garbage,
refuse and waste matter, at the expense of said refuse and garbage
district.
(b) Upon a petition as provided for in section one hundred ninety-one
of this article, provide for the prevention or reduction of waste matter
consisting of carbon components of energy waste from residential
properties and the performance of energy audits and the purchase and
installation of energy efficiency improvements on such residential
properties. The term "energy efficiency improvement", as used in this
subdivision, shall mean a material improvement made to an existing
residential property that reduces energy consumption, including but not
limited to caulking, weatherstripping, air sealing, insulation, heating
and cooling systems upgrades, solar thermal systems and conservation
measures, in a cost-effective manner as determined by the town,
provided, however, that "energy efficiency improvement" does not include
a household appliance, such as a washing machine or refrigerator, that
is not permanently fixed to real property. The term "energy audit", as
used in this subdivision, shall mean a formal evaluation by a qualified
contractor, who shall be approved by the town board, of the energy
consumption of a residential property for the purpose of identifying
methods to improve energy efficiency and reduce energy waste.
(c) Establish from time to time, charges, fees or rates to be paid by
users for refuse and garbage collection service and may provide for the
payment of said charges in advance. Such charges, fees or rates may be
based upon the volume of refuse, garbage, ashes, rubbish and other waste
matter collected, making a proper allowance for commercial or industrial
establishments, the number of calls per month, the number of persons or
families served in the district, or upon any other equitable basis as
the town board may determine. The town board may also establish from
time to time charges, fees or rates to be paid by those who have had
energy audits performed and energy efficiency improvements installed or
implemented on residential properties. Such charges shall be a lien upon
the real property for which or in connection with which the services are
rendered.
(d) Provide by ordinance, rule or regulation for the time within which
rates, charges or fees for the refuse and garbage collection service or
for energy audits and energy efficiency improvements shall be paid, and
may provide a penalty not exceeding ten per centum of the amount due,
when such rates, charges or fees are in arrears for thirty days, or
longer. The town clerk shall annually file with the town board
statements showing unpaid rates, charges or fees in such districts. Such
statements shall contain a brief description of the property for which
or in connection with which the refuse and garbage collection service
was provided, or on which the energy audits were performed and energy
efficiency improvements were installed, the names of the persons or
corporations liable to pay the same and the amount chargeable to each.
The supervisor shall transmit such statements to the board of
supervisors which shall levy such sums against the property liable and
shall state the amount of the tax in a separate column in the annual tax
rolls of such town under the name of "refuse and garbage charges." Such
tax shall be paid to the supervisor of such town. All the provisions of
the existing tax laws of the state of New York covering the enforcement
and collection of unpaid town taxes or assessments for special
improvements in the several towns of the state of New York, not
inconsistent herewith, or for energy audits and energy efficiency
improvements shall apply to the collection of such unpaid charges for
the collection of refuse and garbage. All such rates, charges and fees
shall be used for the payment of the cost of the management, maintenance
and operation of the refuse and garbage collection service, or the
enlargement or extension of the facilities thereof or the improvement of
services therein, or for the cost of the management, maintenance and
operation of performing energy audits and purchasing and installing
energy efficiency improvements.
(e) Adopt from time to time ordinances, rules and regulations for the
collection of garbage, ashes, rubbish and other waste matter in the
refuse and garbage districts in the town and the use of the equipment
therein, and in addition to the remedies provided in section one hundred
thirty-five of this chapter for the enforcement thereof or for the
punishment of violators, the town board may enforce compliance with such
rules, ordinances and regulations by discontinuing the refuse and
garbage collection service.
10. Public dock districts. After a public dock district shall have
been established, the town board may contract for the construction of a
public dock, either under an entire contract or in parts or sections as
the board may determine, and may acquire such real property as the board
may deem necessary for the construction and maintenance of such public
dock and its approaches but the cost thereof shall not exceed the amount
stated in the petition or in the final order, if the town board
proceeded under article twelve-A of this chapter. The board shall also
have authority to provide for the maintenance thereof and to establish
rules for its use.
10-a. Beach erosion control districts. After a beach erosion control
district shall have been established, the town board may take such
action as may be required to arrest erosion in such district and prevent
or alleviate damage resulting therefrom and to contract for or to
construct such jetties, groins, fills, bulkheads or other works or
improvements as may be necessary to carry out its purpose.
10-b. Sidewalk districts. After a sidewalk district shall have been
established, the town board may construct or contract for the
construction of sidewalks within the district as it may determine to be
necessary or desirable. The board shall also have authority to provide
for the maintenance thereof.
10-c. After a fallout shelter district shall have been established,
the town board may acquire, construct, install and maintain a fallout
shelter or shelters within the district as it may determine to be
necessary or desirable for the protection, safety and health of the
persons residing within such district, and acquire, store and maintain
appropriate materials and supplies therein, subject to the applicable
provisions of the New York state defense emergency act.
10-d. Harbor improvement districts. After a harbor 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 for harbor improvements within the district as it
may determine to be necessary or desirable. The board shall also have
authority to provide for the maintenance thereof.
10-e. Aquatic growth control district. After an aquatic growth control
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 action as may be required, for
the control of aquatic growth within the district as it may deem to be
necessary or desirable. For purposes of this chapter, "aquatic growth"
means aquatic invertebrate species and aquatic plants, identified as
invasive pursuant to title seventeen of article nine of the
environmental conservation law.
10-f. Ambulance districts. After an ambulance district has been
established, including ambulance districts established prior to the
effective date of this subdivision pursuant to this article and article
twelve-A of this chapter or any other provision of law, the town board
may:
(a) provide an emergency medical service, a general ambulance service,
or a combination of such services for the purpose of providing
prehospital emergency medical treatment or transporting sick or injured
persons found within the boundaries of the district to a hospital,
clinic, sanitorium, or other place for treatment of such illness or
injury, and to that end may:
(i) Acquire by gift or purchase one or more motor vehicles suitable
for such purpose and supply and equip the same with such materials and
facilities as it may consider necessary for prehospital emergency
treatment, and may operate, maintain, repair and replace such vehicles
and such supplies and equipment;
(ii) Contract with one or more individuals, municipal corporations,
associations, or other organizations having sufficient trained and
experienced personnel except an emergency rescue and first aid squad of
a fire department or fire company which is subject to the provisions of
section two hundred nine-b of the general municipal law for operation,
maintenance and repair of such emergency medical service or ambulance
vehicles and for the furnishing of prehospital emergency treatment;
(iii) Contract with one or more individuals, municipal corporations,
associations, or other organizations except an emergency rescue and
first aid squad of a fire department or fire company which is subject to
the provisions of section two hundred nine-b of the general municipal
law to supply, staff and equip emergency medical service or ambulance
vehicles suitable for such purposes and operate such vehicles for the
furnishing of prehospital emergency treatment;
(iv) Employ any combination of the methods authorized in subparagraphs
(i), (ii) and (iii) of this paragraph;
(b) formulate rules and regulations relating to the use of such
apparatus and equipment in the provision of emergency medical services
or ambulance service, fix a schedule of fees or charges to be paid by
persons requesting the use of such facilities, provide for the
collection of such fees and charges, or formulate rules and regulations
for the collection thereof by the individuals, municipal corporations,
associations, or other organizations furnishing service under contract
as provided in subparagraph (ii) of paragraph (a) of this subdivision;
(c) purchase or provide insurance indemnifying against liability for
the negligent operation of such emergency medical service or ambulance
service and the negligent use of other equipment or supplies incidental
to the furnishing of such emergency medical service or ambulance
service;
(d) provide for the administration and coordination of such emergency
medical service or ambulance service including but not limited to
operation of an emergency medical communications system and medical
control; and
(e) establish by local law a district board of ambulance
commissioners, and delegate ministerial functions related to the
operation of the ambulance district to the commissioners. The district
board of ambulance commissioners shall act in an advisory capacity to
the town board with regard to other functions related to the operation
of the district.
The town board may appoint members to the district board of ambulance
commissioners or may provide that the commissioners be elected pursuant
to the procedures in article thirteen of this chapter for the election
of improvement district commissioners. If appointed by the town board,
the town board shall appoint the members to terms so fixed that at least
one will expire at the end of each calendar year. No term shall exceed
three years.
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
necessary or desirable, including but not limited to stormwater
treatment projects and wetland construction.
11. Contracts. All contracts authorized by the provisions of this
article shall be executed by the signatures of a majority of the members
of the town board. Every contract on behalf of an improvement district
shall specify the particular district on behalf of which the town board
shall be acting. No contract shall be awarded for the performance or
supplying of services in a district if the total annual expense of
providing such services shall exceed the maximum amount, if any, stated
in the petition for the establishment or extension of the district, or
in the final order, if the town board is proceeding under article
twelve-A of this chapter, unless such maximum amount shall have been
increased pursuant to section two hundred two-d of this chapter.
12. Sale or lease of property. (a) Except as otherwise provided in
subdivision eight of section two hundred fifteen of this chapter, real
or personal property owned by, but not required for the purposes of, any
improvement district may be sold or leased by the town board, provided,
however, that if the property sold or leased has a value in excess of
one thousand dollars, a public hearing shall be held as herein provided.
Notice of such hearing shall be published at least once in the
official newspaper of the town not less than ten nor more than twenty
days prior to the day specified for the hearing. The notice shall
specify the time when and place where such hearing will be held, and
shall describe the property proposed to be sold or leased and the
proposed terms of the sale or lease. The receipts from the sale or lease
of such property shall be paid to the supervisor of the town and
credited to the district and may be expended for any purpose which would
properly be charged against the entire district.
(b) Notwithstanding any other provision of this chapter, the town
board or the commissioners of a district with the approval of the
majority of the town board may sell all or any part of the property and
facilities of an improvement district 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 sale shall have been approved by a majority
vote of the qualified electors of the district voting thereon. Such
referendum shall be held in the manner prescribed in article six of this
chapter and eligibility to vote shall be determined as prescribed in
section eighty-four of this chapter in the case of districts. In the
event that all or any part of the property and facilities of an
improvement district is purchased by a county, a city, a village, a
town, a town on behalf of an improvement district or a county on behalf
of a county district, the town board may by agreement with the purchaser
provide that payment of the purchase price, in whole or in part, shall
be made by having the principal of and interest on obligations issued to
finance the cost of the property and facilities so sold, assumed by the
purchaser. The town board or the commissioners of a district with the
approval of the majority of the town board may lease for a term not to
exceed forty years all or any part of the property and facilities of an
improvement district to a county, a city, a village, a town, a public
authority, a town on behalf of an improvement district or 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 except
that in the case of districts the petition required by section
ninety-one of said article 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 district, as shown upon the latest completed
assessment-roll of the town in which the district is located, in number
equal to at least five per cent of the total number of such owners, or
by one hundred of such owners, whichever is the lesser. For the purposes
of this section, 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 proposition submitted
must be approved by the affirmative vote of a majority of the owners of
taxable real property situate in the district as shown upon the latest
completed assessment-roll of the town, voting on such proposition. The
provisions of this paragraph (b) as to leasing of facilities shall apply
to joint water districts existing by virtue of and governed by the
provisions of section three hundred forty-one, subdivision twelve of
this chapter.
(c) The proceeds of the sale of a part of the property and facilities
of a district or of the lease of all or a part of the property and
facilities of a district shall be deposited in a reserve fund
established for the purpose of retiring outstanding obligations issued
on behalf of the district to finance the cost of the property and
facilities sold or leased and shall be expended only for such purpose,
except as provided below. If the proceeds exceed the sum of all
installments of principal of and interest on such indebtedness due to or
become due, or the payment of principal of and interest on obligations
is assumed as provided in paragraph (b) above, or if, when all such
outstanding obligations shall have been retired, any moneys remain
unexpended in the reserve fund, such excess moneys may be used for any
purpose properly chargeable against the entire district.
(d) If it is proposed that all of the property and facilities of the
district be sold, the proposition submitted to referendum shall provide
as a part thereof, for dissolution of the district as well as for sale
of such property and facilities. If the proposition for sale and
dissolution is approved, the moneys received from such sale must be set
aside in a reserve fund and used to amortize outstanding obligations, as
provided in paragraph (c) of this section. Any excess over and above the
amount necessary to be set aside in a reserve fund and used to retire
indebtedness, as aforesaid, together with any other moneys of the
district, shall be disposed of to the credit of real property within the
district by any equitable method described in the proposition submitted
to referendum.
(e) If no provision for distribution of excess proceeds is made in the
proposition, then such proceeds shall be apportioned on the basis of
assessed valuation among the several parcels of land situated in the
district, as shown on the last completed assessment roll of the town or
county, as the case may be. The amounts so apportioned shall be credited
to each such parcel of real property in reduction of the county and town
taxes on so many successive tax rolls as may be necessary to exhaust
such amounts. If there be any real property in the district which is
wholly exempt from general taxation but which, while exempt from general
taxation paid as an assessment for benefit a proportionate share of the
cost of the improvement, the amount apportioned to such real property
shall be refunded to the owner or owners thereof as shown on the last
completed assessment roll at the time of distribution.
13. Change of name. The town board may adopt a resolution changing the
name of an improvement district. Within ten days after the adoption of
such resolution a certified copy thereof shall be filed in the office of
the town clerk, in the office of the clerk of the county in which the
town is located and in the office of the state department of audit and
control at Albany, New York.
Special districts for disposal of duck waste in Suffolk
county. 1. The town board of any town in Suffolk county is hereby
authorized to create a special waste disposal district, or more than one
such district, in said town, outside of any incorporated village or
city, the area of which said special waste disposal district shall be
less than the territorial limits of said town, for the purpose of
constructing, maintaining and operating within said special waste
disposal district a treatment and disposal plant and other facilities,
including the acquisition of necessary land and rights in land, to
provide for the collection, treatment and disposition, or either, of
duck waste. Such special waste disposal district shall be created or
extended in the manner provided by and pursuant to the provisions of
this article relating to the creating or extension of sewer districts
and shall embrace only duck farms as hereinafter defined in this
section. The territory embraced within any such special duck waste
disposal district may be composed of non-contiguous areas or properties.
When so created, it shall be deemed to be an improvement district
created pursuant to the provisions of this article, and shall be subject
to the procedural requirements therein set forth.
2. After a special waste disposal district shall have been
established, the town board, as the governing agency thereof, may
provide for the collection, treatment and disposition, or either, of
duck waste in such district, and for that purpose, may construct, equip,
operate and maintain a collection system or a treatment and disposal
plant, or both, and pipes and sewer lines and connections thereto,
acquire the necessary land and rights in lands therefor, and purchase,
operate and maintain all necessary appliances appurtenant thereto,
including such vehicles as may be required in connection with the
collection, treatment and disposition thereof. The cost of such
construction and equipment and the acquisition of such land and rights
in land shall be at a cost not to exceed the maximum amount proposed to
be expended as stated in the petition. Whenever the town board may
determine it advantageous to do so, it may (a) employ a sufficient
number of persons and provide the necessary equipment to operate and
maintain said collection system or said treatment and disposal plant, or
both, at the expense of said district, and (b) establish from time to
time, charges, fees or rates to be paid by users for such operation and
maintenance and may provide for the payment of said charges in advance.
Such charges, fees or rates may be based upon the volume of duck waste
treated, or upon any other equitable basis as the town board may
determine. Such charges shall be a lien upon the real property for which
or in connection with which the services are rendered. The town board
may provide by ordinance, rule or regulation for the time within which
rates, charges or fees for such operation and maintenance shall be paid,
and may provide a penalty not exceeding ten per centum of the amount
due, when such rates, charges or fees are in arrears for thirty days, or
longer. The town clerk shall annually file with the town board
statements showing unpaid rates, charges or fees in such districts.
Such statements shall contain a brief description of the property for
which or in connection with which such operation and maintenance was
provided, the names of the persons or corporations liable to pay the
same and the amount chargeable to each. The supervisor shall transmit
such statements to the board of supervisors, which shall levy such sums
against the property liable and shall state the amount of the tax in a
separate column in the annual tax rolls of such town under the name of
"duck waste charges". Such tax shall be paid to the supervisor of such
town. All the provisions of the existing laws of the state of New York
covering the enforcement and collection of unpaid town taxes or
assessments for special improvements in the several towns of the county
of Suffolk, not inconsistent herewith, shall apply to the collection of
such unpaid charges for the treatment and disposition of duck waste. All
such rates, charges and fees shall be used for the payment of the cost
of the management, maintenance and operation of the duck waste
collection, treatment and disposition service, or for the enlargement or
replacement of the same. The town board may adopt from time to time
ordinances, rules and regulations for the collection, treatment and
disposition of duck waste in the special waste disposal districts in the
town and the use of the equipment therein, and, in addition to the
remedies provided in section one hundred and thirty-five of this chapter
for the enforcement thereof or for the punishment of violators, the town
board may enforce compliance with such rules, ordinances and regulations
by discontinuing the duck waste and other waste matter collection,
treatment or disposal service.
3. The expense of the establishment of a special waste disposal
district and of constructing a waste disposal system therein, as
authorized by subdivision two of this section, shall be assessed, levied
and collected from the several lots and parcels of land within the
district in the same manner and at the same time as other town charges,
unless the petition for the establishment thereof shall provide that the
expense thereof shall be assessed by the town board upon the several
lots and parcels of land in said district especially benefited by the
improvement in proportion to the amount of benefit which the improvement
shall confer upon the same, in which case such expense shall be assessed
in such manner.
4. After the improvement has been constructed and completed it shall
be maintained by the town board and the expense thereof shall be a
charge upon the district in the manner as may be determined by the town
board in accordance with subdivision two of this section.
5. Whenever the town board shall determine it necessary to acquire
additional lands or rights in land in order to maintain the waste
disposal system or to increase, improve and reconstruct the facilities
thereof and the appurtenances thereto, it is authorized to do so by
following the procedure set forth in section two hundred and two-b of
this article.
6. The town board may provide for the payment of the cost of any
public improvement hereby authorized by making funds available therefor
pursuant to the local finance law. The period of probable usefulness of
any public improvement authorized by this act is hereby determined to be
twenty-five years. In case the expense of the establishment of the
special waste disposal district is to be assessed, levied and collected
from the several lots and parcels of land within the district in the
same manner and at the same time as other town charges, the provisions
of section two hundred thirty-one-a of this chapter shall be applicable.
In case the expense of the establishment of the special waste disposal
district is to be assessed upon benefited property in proportion to the
amount of benefit which the improvement shall confer upon the same, the
provisions of section two hundred thirty-one of this chapter shall
apply.
7. For purposes of this section, the term "duck waste" shall mean duck
excrement, offal and corpses, or any other waste, material or substance
resulting from the raising and processing of ducks for commercial use,
and the term "duck farm" shall mean any farm or property on which more
than five thousand ducks per year are raised for commercial purposes.
Proceedings for lateral sewers, drains or water mains. 1.
Powers of town board. Whenever a sewer, drainage or water district shall
have been established by the town board and a trunk system of sewers,
drains or water mains shall have been constructed therein or contracted
for, the town board, upon a petition, or by a resolution adopted on its
own motion, and in the manner hereinafter provided:
(a) May construct lateral sewers, drains or water mains, respectively,
in or along any portion of any street or highway or easement acquired
for such purpose, in any sewer or drainage district or in any water
district in which the expense of establishing the district and of
providing improvements therefor must be apportioned and assessed,
pursuant to section two hundred two of this chapter, upon the several
lots or parcels of land deemed benefited, in proportion to the amount of
benefit which the improvement conferred upon the same.
(b) May construct lateral water mains in or along any portion of any
street or highway or easement acquired for such purpose, in any water
district in which the expense of establishing the district and of
providing improvements therefor must be assessed, levied and collected,
pursuant to section two hundred two of this chapter, from the several
lots or parcels of land within the district in the same manner and at
the same time as other town charges.
(c) May construct lateral water mains in or along any portion of any
street or highway or easement acquired for such purpose, in any water
district in which the expense of establishing the district and of
providing improvements therefor was apportioned and assessed, prior to
January first, nineteen hundred thirty-four, upon the several lots or
parcels of land included in said district in proportion to the area of
such lot or parcel of land to the total area of the district.
2. Petition or resolution and hearing thereon. Such petition for the
construction of lateral sewers, drains or water mains shall be signed by
the owners of real estate fronting or abutting upon either side of the
street, highway or easement, or portion thereof, in which it is proposed
to construct the improvement, to the extent of at least one-half of the
entire frontage on both sides of said street, highway or easement, or
portion thereof. If the proposed improvement will serve the property on
only one side of a street, highway or easement, or portion thereof, such
petition shall be signed by the owners of real property fronting or
abutting upon the side to be served of said street, highway or easement
to the extent of at least one-half of the entire frontage on such side
of said street, highway or easement, or portion thereof. If any of such
real estate shall be owned by persons residing in or along such street,
highway or easement, or portion thereof, the petition shall not be acted
upon by the town board unless such petition shall be signed by resident
owners owning not less than one-half of the aggregate frontage owned by
resident owners residing in or along such street, highway or easement,
or portion thereof specified in such petition; provided, however, that
if such petition shall be signed by the owners of at least eighty per
cent of the aggregate frontage on such street, highway or easement, or
portion thereof specified in such petition, then the foregoing
requirement as to the signatures of resident owners shall not apply
thereto. 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, and shall state the maximum
amount proposed to be expended for the improvement. A resolution adopted
pursuant to subdivision one of this section shall state the improvement
proposed, the maximum amount proposed to be expended and the area
benefited. When any such petition containing the required signatures
shall have been presented or a resolution adopted by the town board on
its own motion, the town board shall adopt an order and enter the same
in the minutes of its proceedings, reciting in general terms the filing
of the petition or adoption of such resolution as the case may be, the
improvement proposed, the maximum amount proposed to be expended for the
improvement as stated in the petition or the resolution, and specifying
the time when and place where said board will meet to consider the
petition or the resolution 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 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. The order of the
town board providing for a public hearing on a petition or resolution
for the construction of lateral water mains pursuant to paragraphs (b)
and (c) of subdivision one shall include, in addition to all other
matters required to be specified therein, a statement that the cost of
such improvement, if constructed, shall be borne by the district at
large.
3. Construction of improvement. If the town board shall determine,
after such hearing and upon the evidence given thereat, that it is in
the public interest to make the improvement, the board shall direct the
engineer to prepare definite plans and specifications, and to make a
careful estimate of the expense, and with the assistance of the town
attorney, or an attorney employed for that purpose, to prepare a
proposed contract for the execution of the work. Thereupon the said
board shall examine such definite plans, specifications, estimate and
the proposed contract, and may reject the same or make such
modifications and changes therein as shall seem necessary and desirable.
If the estimate of the cost of the improvement as prepared by said
engineer exceeds the maximum amount proposed to be expended for said
improvement as stated in the petition or resolution, the town board
shall adopt an order calling a further public hearing at a definite
place and time not less than fifteen nor more than twenty-five days
after such determination. A notice of such further hearing shall be
published and posted in the manner hereinabove in this section provided
and there shall be included in such notice a statement that the
improvement cannot be constructed within the maximum amount proposed to
be expended as stated in said petition or resolution, the cost of said
improvement as estimated by the engineer, a brief description of the
improvement and the place and time at which the board will conduct such
further hearing. A copy of such notice shall also be sent by regular
mail to the last known address of each person who has signed the
petition, but failure to receive said notice shall in no way affect the
validity of any proceedings hereunder. Such further hearing shall be
conducted in the same manner as an original hearing upon a petition or
resolution. If after such further hearing said board shall determine
that it is in the public interest to construct said improvement within
the cost estimated by the engineer it shall adopt such definite plans,
specifications, estimate and the proposed contract and cause the
improvement to be constructed all in the manner hereinbefore in this
chapter provided for the construction of trunk sewers, drains and water
systems. In any case where such public hearings were held as a result of
the adoption of a resolution by the town board in lieu of taking action
pursuant to petition, the resolution provided for shall be subject to a
permissive referendum in article seven of this chapter, except as
hereinafter provided. The proposition submitted must be approved by the
affirmative vote of a majority of the owners of real property situate in
the proposed benefited area described in the resolution as shown upon
the latest completed assessment roll of the town, voting on such
proposition. A petition requesting a referendum shall be sufficient if
it is initiated and signed, and acknowledged or proved, or
authenticated, in the same manner as a petition for improvements
pursuant to this section. Where such petition or resolution is for the
construction of a lateral sewer, drain or water main through different
streets or highways or easements or portions of streets or highways or
easements, such lateral sewer, drain or water main shall be deemed one
sewer, drain or water main, and such streets or highways or easements or
portions thereof, one continuous street or highway or easement for
purposes of this section.
4. Effect of section limited. This section shall not apply to the
construction of any lateral sewer, drain or water main described in any
map or plan which shall have accompanied the petition or resolution for
the establishment of a sewer, drainage or water district, provided that
the cost of constructing such lateral sewer, drain or water main
together with the cost of every other improvement constructed pursuant
to such petition or resolution shall not exceed the maximum amount
proposed to be expended as stated in such petition or resolution.
Petition for street improvement and proceedings thereon. 1. The
owners of real estate fronting or abutting upon either side of a street
or highway or private road or right of way used for access to said
premises or to a portion thereof to the extent of at least one-half of
the entire frontage or bounds on both sides of said street or highway or
private road or right of way or portion thereof, may petition the town
board or the town board on its own motion may adopt a resolution to
improve said street or highway, private road or right of way or portion
thereof, by the construction of sidewalks, curbs, gutters, culverts, and
other necessary improvements in connection therewith, or by construction
and paving of such street or highway or private road, or right of way or
portion thereof; but such curbs, gutters, culverts and other necessary
improvements shall not be constructed under authority of this section
unless a pavement has been constructed prior thereto or is to be
constructed at the same time upon said street, highway, private road,
right of way or portion thereof.
2. If the proposed improvement will serve the property on only one
side of a street, highway, private road or right of way, or portion
thereof, the petition for such improvement shall be signed by the owners
of real property fronting or abutting upon the side to be served of said
street, highway, private road or right of way to the extent of at least
one-half of the entire frontage on such side of said street, highway,
private road or right of way, or portion thereof.
3. Streets or highways which may be improved pursuant to this section
shall include the portion of any state highway or county road which lies
within the town. No state highway shall be improved pursuant to this
section until the commissioner of transportation shall consent thereto
and approve the plans and specifications which shall be prepared
therefor as hereinafter provided. No county road shall be improved
pursuant to this section until the county superintendent of highways
shall consent thereto and approve the plans and specifications which
shall be prepared therefor as hereinafter provided.
4. Before any such street, highway, private road or right of way or
portion thereof other than a state highway or a county road shall be
improved pursuant to this section, the town board shall cause it to be
surveyed, and the lines and grades thereof to be established and such
survey and a profile of the grade shall be filed in the town clerk's
office.
5. But if there be any resident owners, no petition for improvements
shall be of any force or effect, nor shall such petition be acted upon
by said board unless thereon appear the signatures of resident owners
owning not less than one-half of the frontage owned by resident owners
residing in or along the street or highway or private road, right of way
or part of street or highway or private road or right of way covered or
represented by such petition; provided, however, that if such petition
shall have thereon the signatures of owners of real estate fronting or
abutting upon either side of the street or highway or private road,
right of way or portion of street or highway or private road or right of
way covered or represented by such petition to the extent of at least
eighty per centum of the entire frontage or bounds, then the foregoing
requirements as to signatures of resident owners shall not apply
thereto.
6. Such petition for improvements 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, and shall state the maximum
amount proposed to be expended for the improvement. A resolution adopted
pursuant to subdivision one of this section shall state the improvement
proposed, the maximum amount proposed to be expended and the area
benefited.
7. When a petition for improvement containing the required signatures
shall have been presented or a resolution adopted by the town board on
its own motion, the town board shall adopt an order and enter the same
in the minutes of its proceedings, reciting in general terms the filing
of such petition or adoption of such resolution as the case may be, the
improvement proposed, the maximum amount proposed to be expended for the
improvement and the area benefited as stated in the petition or the
resolution, and specifying the time when and the place where said board
will meet to consider the petition or resolution 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 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 and conspicuously in five public
places along the street or highway or private road or right of way or
portion thereof to be improved not less than ten nor more than twenty
days before the day designated for the hearing as aforesaid.
8. If the town board shall determine after such hearing and upon the
evidence given thereat, that it is in the public interest to make the
improvement, the board shall direct the engineer to prepare definite
plans and specifications and to make a careful estimate of the expense,
and with the assistance of the town attorney or an attorney employed for
that purpose, to prepare a proposed contract for the execution of the
work. Thereupon the said board shall examine such definite plans,
specifications, estimate and the proposed contract, and may reject the
same or make such modifications and changes therein as shall seem
necessary and desirable.
9. If the estimate of the cost of the improvement as prepared by said
engineer exceeds the maximum amount proposed to be expended for said
improvement, the town board shall adopt an order calling a further
public hearing at a definite place and time not less than fifteen nor
more than twenty-five days after such determination. A notice of such
further hearing shall be published and posted in the manner hereinabove
in this section provided and there shall be included in such notice a
statement that the improvement cannot be constructed within the maximum
amount proposed to be expended, the cost of said improvement as
estimated by the engineer, a brief description of the improvement and
the place and time at which the town board will conduct such further
hearing. A copy of such notice shall also be sent by regular mail to the
last known address of each person who has signed the petition, but
failure to receive said notice shall in no way affect the validity of
any proceedings hereunder. Such further hearing shall be conducted in
the same manner as the original hearing upon the petition or resolution.
10. If after such further hearing said board shall determine that it
is in the public interest to construct said improvement within the cost
estimated by the engineer it shall adopt a resolution providing for such
definite plans, specifications, estimate and the proposed contract and
cause the improvement to be constructed all in the same manner as
hereinbefore in this chapter provided for the construction of trunk
sewers, drains and water systems. Where necessary, provision shall be
made in such resolution for acceptance of any outstanding offer of
dedication of such street, highway, private road or right of way. In any
case where such public hearings were held as a result of the adoption of
a resolution by the town board in lieu of taking action pursuant to
petition, the resolution provided in this subdivision shall be subject
to a permissive referendum in article seven of this chapter, except as
hereinafter provided. The proposition submitted must be approved by the
affirmative vote of a majority of the owners of real property situate in
the proposed benefited area described in the resolution as shown upon
the latest completed assessment roll of the town, voting on such
proposition. A petition requesting a referendum shall be sufficient if
it is initiated and signed, and acknowledged or proved, or authenticated
in the same manner as a petition for improvements pursuant to this
section.
11. Where such petition or resolution is for the construction of
sidewalks, curbs, gutters, culverts and other necessary underground
works in connection therewith along different streets or highways or
private roads or rights of way or portions of streets or highways or
private roads or rights of way, such construction of streets or highways
or private roads or rights of way or portions thereof shall be deemed
one continuous street or highway or private road or right of way for the
purposes of this section.
12. Where the petition or resolution seeks the improvement of such a
street or highway or private road or right of way not previously
dedicated, the amount to be expended for the improvement shall include
the cost of the proceeding to acquire so much land as may be necessary
to lay out such highway and the cost of the land and the town board
shall in making its determination authorize and direct the town
superintendent of highways to take and complete condemnation proceedings
pursuant to the applicable provisions of law and the town superintendent
shall take and complete such proceedings before such determination shall
become final.
13. Any such street or highway or private road or right of way not
previously dedicated shall not be less than three rods in width,
provided however, that upon certification in writing by the commissioner
of transportation, of the necessity therefor and the filing of such
certification in the office of the town clerk of such town, any such
highway may be of such width less than three rods as the commissioner
shall specify in such certificate.
14. Any street or highway or private road or right of way improved or
laid out under this section shall after such improvement is constructed,
be maintained as a public highway under the applicable provisions of law
and not as a charge against such real property, anything in this article
to the contrary notwithstanding.
Construction and repair of sidewalks pursuant to order of
town board. Whenever the town board shall have adopted an ordinance,
rule or regulation pursuant to the provisions of article nine of this
chapter, describing how sidewalks shall be built in such town, the town
board may adopt orders from time to time, directing the owners of the
respective lots and parcels of land abutting on any street, or, in towns
of the first class, with the consent of the county superintendent of
highways or the state commissioner of transportation, as the case may
be, abutting on a county or state highway within the town, along which
it is desired that sidewalks be built, relaid or repaired, to construct
the same to conform with such ordinance, rule or regulation, and specify
the time within which the same shall be done. The town clerk shall give
notice thereof by certified mail addressed to each such owner at his
address as it appears upon the assessment roll of such town or, in the
alternative, by publication of a notice thereof in the official paper at
least twice, the first publication of which shall be at least fifteen
days before the time specified for the completion of the work. If,
within the time prescribed in the order and notice, the sidewalks
required to be built, relaid or repaired shall not have been so built,
relaid or repaired, then the board may cause the same to be done and
audit and pay the expense of doing the same and assess the expense
thereof against the property benefited as a whole, or any five or less
annual installments, in the same manner as street improvements
constructed pursuant to section two hundred of this chapter.
If such expense be assessed in installments, there shall be assessed
as part of each installment, except the first, as interest, an amount
not exceeding six per cent of such installment such rate to be fixed by
the town board in the order providing for the assessment. The provisions
of law applicable to the sale of tax liens shall apply to any unpaid
assessed installment with the interest thereon in the same manner as
though such installment and interest had been assessed as an assessment
payable as a whole. Unassessed installments shall be prepayable at any
time with interest computed thereon at the aforesaid rate from the date
of assessment of the first installment to the date of payment of the
particular installment.
If such expense be assessed as a whole and the town board resolution
assessing such expense against a particular piece of property shall so
provide, the assessment against such property may be paid in five or
less annual installments on the dates fixed by such resolution with
interest, not exceeding six per cent of each such installment, fixed by
such resolution.
The town board may adopt a local law apportioning the expense of
building, relaying or repairing any sidewalk within such town between
the town and owners of the respective lots and parcels of land abutting
any street or county or state highway within the town along which it is
desired that sidewalks be built, relaid or repaired.
Sewer and water connections. Whenever the town board shall have
established one or more sewer or water districts, or both, the town
board shall adopt a resolution or ordinance prescribing how sewer or
water connections shall be made therein. After the board shall have
adopted such resolution or ordinance prescribing how sewer and water
connections shall be made, the board may adopt orders, from time to
time, directing the owners of the respective lots and parcels of land in
front of which it is desired that a sewer or water connection be made,
to make the same to conform to such resolution or ordinance and
specifying the time within which the same must be done. Before any
highway in which sewer or water mains have been laid, shall be paved or
otherwise improved, the town board may, in its discretion, direct the
owners of adjoining lots or parcels of land to make connections with
such sewers or water mains, at the curb line or at the sewer or water
main if extensions to the curb line have not been provided, under the
supervision of the town board, and in the manner required by the
resolution or ordinance, at such a distance apart as the board may
prescribe. The town clerk shall publish a notice thereof in the official
paper at least twice, the first publication of which shall be at least
fifteen days before the time specified for the completion of the work.
If, within the time prescribed in the order and notice, the connections
required to be made shall not have been so made, then the board may
cause the same to be done and audit and pay the expense of doing the
same and assess the expense thereof against the property benefited.
Expenses of improvement; how raised. 1. The expense of any
public improvement made under authority of this article shall include
the amount of all contracts, the costs of all lands and interests
therein necessarily acquired including the total payments of principal
remaining on obligations assumed pursuant to paragraph (b) of
subdivision twelve of section one hundred ninety-eight, the costs of
erection of necessary buildings for operation or administration of the
improvement, printing, publishing, interest on loans, legal and
engineering services and all other expenses incurred or occasioned by
reason of the improvement or project. The town board, upon the
submission of a verified statement of the cost of preparation of the map
and plan accompanying a petition for the establishment of a sewer,
wastewater disposal, drainage, water or water quality treatment
district, and upon the submission of a verified statement of the cost to
petitioners for legal services rendered in a proceeding for
establishment or extension of any improvement district, may refund to
the petitioners the reasonable cost thereof and include the amount or
amounts refunded as a part of the cost of the improvement. In addition,
the town board may apportion against and charge to the cost of making
any improvement an allowance for any services rendered by the town
attorney, town engineer or any salaried town employee, when such
services have been necessary to or occasioned by reason of the making of
the particular improvement.
2. The expense of the establishment of a sewer, sewage disposal,
wastewater disposal, drainage or water quality treatment district and of
constructing a trunk sewer or drainage system therein and of
constructing lateral sewers, drains and water mains pursuant to
paragraph (a) of subdivision one of section one hundred ninety-nine, and
of constructing street improvements pursuant to section two hundred
shall be borne by local assessment upon the several lots and parcels of
lands which the town board shall determine and specify to be especially
benefited by the improvement, and the town board shall apportion and
assess upon and collect from the several lots and parcels of land so
deemed benefited, so much upon and from each as shall be in just
proportion to the amount of benefit which the improvement shall confer
upon the same.
3. The expense of the establishment of a park, public parking, water,
lighting, snow removal, water supply, water, water storage and
distribution, sidewalk, refuse and garbage, aquatic 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
otherwise 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 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 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 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
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.
4. Except as provided in section two hundred four of this article, in
all districts in which assessments have heretofore been levied upon an
ad valorem basis, assessments shall hereafter be levied upon the same
basis. In all districts in which assessments have heretofore been levied
upon a benefit basis, assessments shall hereafter be levied upon the
same basis.
5. The expense of any extension to an existing water, sewer,
wastewater disposal or drainage district shall include all the costs and
expenses occasioned by reason of such extensions and in addition thereto
such proportion of the cost of any reservoir or reservoirs, standpipes,
water purification works, pumping stations and main water lines,
including lands, of the original district and such proportion of the
cost of the outfall and trunk sewer and sewage disposal or treatment
works including lands of the original district, as the town board shall
determine. If the expense of constructing an improvement in a district
shall be borne by local assessment upon the lands deemed especially
benefited by the improvement and in proportion to the amount of benefit
which the improvement conferred upon the same, the expense of an
extension to such district shall be borne by local assessment upon the
several lots and parcels of land within the extension which the town
board shall determine and specify to be especially benefited by the
improvement, and the town board shall apportion and assess upon and
collect from the several lots and parcels of land so deemed benefited,
so much upon each as shall be in just proportion to the amount of
benefit which the improvement shall confer upon the same. If the expense
of constructing or providing an improvement in a district shall be
assessed, levied and collected from the several lots or parcels of land
within the district in the same manner and at the same time as other
town charges, the expense of an extension to such district shall also be
assessed, levied and collected from the several lots and parcels of land
within such extension in the same manner and at the same time as other
town charges.
6. Notwithstanding the provisions of subdivision five of this section,
whenever pursuant to section two hundred six-a of this article, all
expenses of a district, including all extensions thereto, shall
thereafter be charged against the entire area of the district as
extended, then the cost of all improvements for the original district
and any extensions thereto, together with the cost of any further
improvements authorized pursuant to section one hundred ninety-nine or
two hundred two-b of this article, shall be assessed against the area of
the entire district, as extended, utilizing a single consolidated
assessment roll.
Expense of maintenance. After the improvement is constructed
and completed, it shall be maintained by the town board and the expense
of such maintenance shall be a charge upon the district or upon the lots
or parcels of land against which the expense of the improvement was
charged.
1. If the expense of such improvement is required by section two
hundred two to be assessed, levied and collected from the several lots
and parcels of land in the same manner and at the same time as other
town charges, the expense of maintenance of such improvement shall be
assessed, levied and collected in like manner.
2. If the expense of such improvement is required by section two
hundred two to be apportioned and assessed upon such lots or parcels of
land in proportion to the amount of benefit which the improvement shall
confer upon the same, the expense of maintenance of such improvement
shall be apportioned and assessed in like manner.
3. The commissioners, if there be commissioners, of every district in
which the expense of the improvement is required to be apportioned or
assessed in proportion to the amount of benefit conferred, and the town
board in every other instance, shall annually prepare detailed estimates
in writing of the anticipated revenues and expenditures for such
district and special improvement for the purpose of determining the
amount of money required to meet the expense of maintaining the
improvement for the fiscal year commencing on the first day of January
next succeeding. Such estimate may contain for contingent purposes, an
amount not to exceed ten per centum of the amount estimated as necessary
to meet the expense of maintaining the improvement exclusive of the
amount necessary to pay debt service and judgments.
4. After such annual estimates have been prepared, the commissioners
of the district, or the town board if there be no commissioners, shall
annually assess the amount of the estimate of expenditures, less the
estimate of revenues as set forth in the estimate so prepared, on the
lots and parcels of land against which the expense of the improvement
was charged, in proportion as nearly as may be to the benefit which each
lot or parcel will derive therefrom and shall prepare an assessment roll
which shall describe each such lot or parcel of land in such manner that
the same may be ascertained and identified and shall show the name or
names of the reputed owner or owners thereof, and the aggregate amount
of the assessment levied upon such lot or parcel of land, provided that
in towns in the county of Westchester where the anticipated expenditures
do not exceed the sum of five hundred dollars, no assessment roll shall
be required. The commissioners, or the town board if there be no
commissioners, shall file such estimates and the assessment roll with
the town clerk between the first and the fifteenth days of September in
each year, except that in towns in Westchester county such estimates and
assessment roll, if required, shall be prepared and filed with the town
clerk at the time set forth in subdivision two of section one hundred
six and section one hundred eight of this chapter.
5. The town board shall hold a public hearing thereon in the manner
and upon the notice prescribed by section two hundred thirty-nine,
except that in towns in Westchester county such hearing shall be held in
accordance with the provisions of section one hundred eight of this
chapter. After such public hearing, it shall be the duty of the town
board to adopt such assessment roll as originally prepared or to amend
or change such assessment roll or to prepare a new roll, but no such
amended, changed or new roll shall be adopted unless the town board
shall hold a hearing thereon in the manner and upon the notice
prescribed for the original hearing. Such original, amended, changed or
new roll shall be adopted at least thirty days before the annual meeting
of the board of supervisors at which taxes are levied in the county in
which the town is situated, except that this provision shall not apply
to towns in Westchester county.
6. Except in the Keuka Park water district, town of Jerusalem, county
of Yates as provided in subdivision six-a of this section, when said
assessment roll has been adopted, it shall be filed forthwith in the
office of the town clerk. The supervisor shall transmit to the board of
supervisors, or other levying body, at the meeting thereof at which
taxes are levied, a copy of such assessment roll. It shall be the duty
of the board of supervisors, or other levying body, to levy the sum
apportioned to and assessed upon each such lot or parcel of land, in
such assessment roll, against such lot or parcel of land at the time and
in the manner provided by law for the levy of state, county or town
taxes, and in any case where no assessment roll is required, to spread
the amount of the levy in proportion as nearly as may be to the benefit
which each lot or parcel will derive therefrom.
6-a. In the Keuka Park water district, town of Jerusalem, county of
Yates, when said assessment roll has been adopted, it shall be filed
forthwith in the office of the town clerk. The town clerk shall send to
the owner of each lot or parcel of land in such assessment roll not
later than January first of the year next ensuing a notice setting forth
the sum apportioned to and assessed upon each such lot or parcel of land
in such assessment roll. Such notice shall further state that the sum so
apportioned and assessed may be paid in one lump sum on or before
January thirty-first next ensuing or in such installments between
January first and September thirtieth next ensuing as the town board may
from time to time designate by resolution. On October fifteenth next
ensuing the supervisor shall transmit to the Yates county legislature at
the meeting thereof at which taxes are levied a copy of such assessment
roll showing the sums apportioned to and assessed upon each such lot or
parcel of land and the sums which have been paid thereon to date. It
shall be the duty of the Yates county legislature to levy the sum
remaining unpaid upon each such lot or parcel of land in such assessment
roll against such lot or parcel of land at the time and in the manner
provided by law for the levy of state, county or town taxes.
7. The town board may apportion against and charge to the expense of
maintaining any improvement an allowance for any services rendered by
any town officer or employee when such services have been necessary to
and occasioned by reason of the maintenance of an improvement, or the
town board may separately compensate any town officer or employee for
services necessary to or occasioned by reason of the maintenance of an
improvement and include the amount so paid in the expense of such
maintenance.
8. The town board shall cause to be prepared estimates required to
meet expenses for annual monitoring, testing, operation and maintenance
of the water quality treatment district, at the same time as provided in
this chapter for the preparation of the tentative budget for the town.
Such annual estimates shall contain the anticipated revenue and
expenditures for such district for the ensuing year. It shall also show
the amount of expenses which shall be apportioned or charged against
each lot or parcel within such district in proportion as nearly as may
be to the benefit which each such lot or parcel will derive from the
service or improvement. After such annual estimates have been prepared,
the town board shall cause a notice to be published in the official
newspaper, or if none has been designated, a newspaper having general
circulation in the town, that the same may be examined in the town
clerk's office and that a public hearing will be held thereon by the
town board, specifying the time when and the place where such hearing
will be held. Such public hearing may be held on the same day as the
hearing on the preliminary budget. Such notice shall be published at
least five days before such hearing. After such hearing the town board
shall adopt such estimates or it may amend and modify the same. If the
amount apportioned against any one parcel is increased after the public
hearing, the town board shall hold another public hearing on like
notice. Such annual estimates and the apportionment against each such
parcel shall be adopted by the town board no later than the date of
adoption of the annual town budget. After such adoption such annual
estimates shall be filed in the office of the town clerk, and the
supervisor shall transmit the same to the tax levying body which shall
levy the amount apportioned against each parcel or lot at the same time
and in the manner provided by law for the levy of town and county taxes.
Such amount so levied shall be collected and enforced at the same time
and in the manner that town and county taxes are collected and enforced.
Increase or improvement of facilities. 1. Whenever it shall
determine it to be in the public interest, after a public hearing as
hereinafter provided, the town board may acquire or construct on behalf
of a water, water storage and distribution, ambulance, sewer, sewage
disposal or drainage district additional facilities therefor and
appurtenances thereto, other than the construction of a lateral sewer,
drain or water main authorized to be constructed pursuant to section one
hundred ninety-nine, and including additional lands or interests in
lands, or may improve or reconstruct existing facilities and
appurtenances. The town board shall cause a map and plan of the proposed
improvement together with an estimate of the cost to be prepared by a
competent engineer duly licensed by the state of New York. When the map
and plan and estimate of cost has been completed, the town board shall
call a public hearing thereon and cause a notice thereof to be published
and posted in the manner prescribed in section one hundred ninety-three.
Such notice shall describe in general terms the proposed improvement or
the location of the lands to be acquired, shall specify the estimated
expense thereof and state the time when and place where the board will
meet to hear all persons interested in the subject matter thereof. If
the town board shall decide, after such hearing and upon the evidence
given thereat, that it is in the public interest to acquire or construct
the proposed improvement, the board shall direct the engineer to prepare
definite plans and specifications, and to make a careful estimate of the
expense, and, with the assistance of the town attorney or an attorney
employed for that purpose, to prepare a proposed contract for the
execution of the work. Thereupon the said board shall examine such
definite plans, specifications, estimate and the proposed contract, and
may reject the same or make such modifications and changes therein as
shall seem necessary and desirable, and adopt the same and cause the
improvement to be constructed or acquired all in the same manner as
hereinbefore provided for the construction of trunk sewers, drains and
water systems. In case the purchase of lands only is involved, the town
board, if it is determined to be in the public interest, may proceed to
purchase such lands.
In like manner, the town board may, after a public hearing held upon
due notice, replace obsolete, inadequate, damaged, destroyed or worn-out
apparatus and equipment or acquire additional apparatus and equipment.
Any cost or expense incurred pursuant to the authority granted by this
section shall be a charge against the district and assessed, levied and
collected in the same manner as other charges against the particular
district. Nothing herein contained shall be construed to prevent the
financing of such cost or expense pursuant to the provisions of the
local finance law.
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
chapter, 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 of this section, except that the map and plan described by said
subdivision one shall not be required. However, nothing herein contained
shall be construed to limit or supersede the provisions of section
seventy-two hundred three of the education law.
3. The permission of the state comptroller shall not be required for
such expenditure, except as hereinafter provided in subdivision five,
nor shall the town board be limited by the maximum amount proposed to be
expended as stated in the petition, or in the final order, if the town
board proceeded under article twelve-A of this chapter, or, in the case
of a water storage and distribution district or sewage disposal
district, the notice of hearing, for the establishment or extension of
the district and the construction of the original improvement, but the
town board shall not incur any expense in excess of the amount stated in
the notice of hearing.
4. The powers hereinbefore provided in subdivisions one and two of
this section may be exercised by the town board on behalf of two or more
districts jointly, provided that such districts are wholly situated in
the town, and whether or not the districts were established for the same
purpose. The notice of hearing shall be published and the hearing held
in the manner provided in subdivision one of this section. The cost,
including both debt service and operation and maintenance, shall be
annually apportioned among the districts by the town board, and the
amounts so apportioned shall be levied and collected in each district as
provided in sections two hundred two and two hundred two-a hereof.
5. In any such district which is located in a town wholly or partly
within the Adirondack park and which contains state lands assessed at
more than thirty per centum of the total assessed valuation of the
district as determined from the assessment rolls of the town, as
completed from time to time, no such expenditure shall be made or
contract let for the purposes authorized in this section, unless the
state comptroller, on behalf of the state, shall consent to such
expenditure.
Dissolution and diminishing area of certain districts. 1.
The town board of any town may dissolve and discontinue those districts
described hereinafter pursuant either to the provisions of article
seventeen-A of the general municipal law or the procedures provided in
this section.
1-a. Upon a petition, the town board of any town may dissolve and
discontinue any lighting, snow removal, water supply, or refuse and
garbage district or a sewer district in which no sewer system has been
constructed, provided that there be no indebtedness, outstanding and
unpaid, incurred to accomplish any of the purposes of such district.
Such petition shall be signed by at least ten percent or five thousand,
whichever is less, of the registered voters in this state registered to
vote in such district and authenticated in the manner provided by the
election law for the authentication of nominating petitions. When any
such petition containing the required signatures shall have been
presented, the town board shall adopt an order and enter the same in the
minutes of its proceedings, reciting in general terms the filing of the
petition, and specifying the purpose thereof, the name and boundaries of
the district and 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. If the petition shall propose that the area
of the district be diminished, the order shall also describe the portion
of the district to be eliminated. 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 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. If the town board shall
determine, after such hearing and upon the evidence given thereat, that
it is in the public interest to dissolve the district or to diminish the
area thereof, the town board shall adopt an order accordingly dissolving
the district or diminishing its area. If there are any contracts to
accomplish the purpose of such district in force and effect, the town
board shall not dissolve such district, nor diminish the area thereof,
prior to the expiration of such contracts. If the district dissolved be
wholly within a village incorporated since said district was formed and
prior to April first, nineteen hundred sixty-five, all of the property
of such district shall be and become the property of such village and
such village upon delivery thereof, shall assume and pay all of the
debts of such district. If the district shall not be wholly included
within the limits of any village incorporated since said district was
formed, all the property of such district shall become the property of
the town and such town upon delivery thereof, shall assume and pay all
the debts of such district.
2. Whenever the town board of any town shall determine it to be in the
public interest, said town board may, upon its own motion and without a
petition, but after a public hearing held in the manner and upon the
notice specified in subdivision one of this section, dissolve and
discontinue any sewer, drainage, water, park, public parking, lighting,
snow removal, water supply, refuse and garbage, or public dock district,
provided that the period of three years shall have elapsed since the
date of establishment of such district and that no improvement has been
constructed or service provided for such district at any time since the
establishment thereof and further provided that there be no
indebtedness, outstanding and unpaid, incurred to accomplish any of the
purposes of such district.
2-a. Notwithstanding any other provision of general, special or local
law, rule or regulation to the contrary, whenever the town board of the
town of Islip shall determine it to be in the public interest, said town
board may, upon its own motion and without a petition, but after a
public hearing held in the manner and upon the notice specified in
subdivision one of this section, dissolve and discontinue, merge or
combine any refuse and garbage district or districts, or otherwise amend
same or delete services therefrom as proposed by such town board,
provided that a period of three years shall have elapsed since the date
of establishment of any such district and that no improvement has been
constructed for such district at any time since the establishment
thereof and, further, provided that there be no indebtedness,
outstanding and unpaid, incurred to accomplish any of the purposes of
such district.
2-b. Notwithstanding any other provision of general, special or local
law, rule or regulation to the contrary, whenever the town board of the
town of Brookhaven shall determine it to be in the public interest, said
town board may, upon its own motion and without petition, but after a
public hearing held in the manner and upon the notice specified in
subdivision one of this section, dissolve and discontinue, diminish the
size of, extend, merge or combine any refuse and garbage district or
districts, or otherwise amend same, change the basis of assessment of
properties within the district or districts from ad valorem to benefit,
or delete services therefrom or expand services thereto as proposed by
such town board, provided that a period of at least one year shall have
elapsed since the date of establishment of any such district and that no
improvement has been constructed for such district at any time since the
establishment thereof and, further, provided that there be no
indebtedness, outstanding and unpaid, incurred to accomplish any of the
purposes of such district. In addition to the above limitations, any
resolution of the town board of the town of Brookhaven merging or
combining any refuse and garbage districts shall be subject to a
permissive referendum in the manner prescribed in article seven of this
chapter, except that a petition requesting a referendum shall be
sufficient only if signed, and acknowledged or proved, or authenticated,
by at least ten percent of the qualified electors residing within each
affected district.
2-c. Notwithstanding any other provision of general, special or local
law, rule or regulation to the contrary, whenever the town board of the
town of Brighton, Monroe county, shall determine it to be in the public
interest, said town board may, upon its own motion and without a
petition, but after a public hearing held in the manner and upon the
notice specified in subdivision one of this section, diminish the Home
Acres, Roselawn, and Bel-Air refuse and garbage districts by deleting
therefrom the non-residential properties fronting on Monroe avenue
presently included in said districts, provided that a period of three
years shall have elapsed since the date of establishment of any such
district and that no improvement has been constructed for such district
at any time since the establishment thereof and, further provided that
there be no indebtedness, outstanding and unpaid, incurred to accomplish
any of the purposes of such district on the effective date of any order
adopted by the town board pursuant to this subdivision. Any order
adopted by the town board pursuant to this subdivision shall be subject
to a permissive referendum pursuant to article seven of this chapter.
* 2-d. Notwithstanding any other provision of general, special or
local law, rule or regulation to the contrary, whenever the town board
of the town of Southeast, Putnam county shall determine it to be in the
public interest, said town board may, upon its own motion and without
petition, but after a public hearing held in the manner and upon the
notice specified in subdivision one of this section, dissolve and
discontinue the Lakeview Manor Park District, provided that there be no
indebtedness, outstanding and unpaid, incurred to accomplish any of the
purposes of such district.
* NB There are 2 sub 2-d's
* 2-d. Notwithstanding any other provision of general, special or
local law, rule or regulation to the contrary, whenever the town board
of the town of Putnam Valley shall determine it to be in the public
interest, said town board may, upon its own motion and without petition,
but after a public hearing held in the manner and upon the notice
specified in subdivision one of this section, dissolve and discontinue
any refuse and garbage district or districts, provided that a period of
at least one year shall have elapsed since the date of establishment of
any such district and that no improvement has been constructed for such
district at any time since the establishment thereof and, further,
provided that there be no indebtedness, outstanding and unpaid, incurred
to accomplish any of the purposes of such district. In addition to the
above limitations, any resolution of the town board of the town of
Putnam Valley merging or combining any refuse and garbage districts
shall be subject to a permissive referendum in the manner prescribed in
article seven of this chapter.
* NB There are 2 sub 2-d's
2-e. Notwithstanding any other provision of general, special or local
law, rule or regulation to the contrary, whenever the town board of the
town of Oneonta, in the county of Otsego, shall determine it to be in
the public interest, such town board may, upon its own motion and
without petition, but after a public hearing held in the manner and upon
the notice specified in subdivision one of this section, dissolve and
discontinue the Pyramid Mall water district, provided that there be no
indebtedness outstanding and unpaid, incurred to accomplish any of the
purposes of such district.
2-f. Notwithstanding any other provision of general, special or local
law, rule or regulation to the contrary, whenever the town board of the
town of Islip, county of Suffolk shall determine it to be in the public
interest, said town board may, upon its own motion and without a
petition, but after a public hearing held in the manner and upon the
notice specified in subdivision one of this section, dissolve,
discontinue, merge or combine any water district or districts, or
otherwise amend same or delete services therefrom as proposed by such
town board, provided that a period of three years shall have elapsed
since the date of establishment of any such district or that no
improvement has been constructed for such district at any time since the
establishment thereof and, further, provided that there be no
indebtedness, outstanding and unpaid, incurred to accomplish any of the
purposes of such district.
2-g. (a) Notwithstanding the provisions of subdivisions one and two of
this section, as well as any other provision of general, special or
local law, rule or regulation to the contrary, whenever the town board
of the town of Westerlo, county of Albany, shall determine it to be in
the public interest, such town board may, upon its own motion and
without a petition, but after a public hearing held in the manner and
upon the notice specified in subdivision one of this section, diminish
the Westerlo Water District No. 1 by deleting therefrom the lands
described in paragraph (b) of this subdivision, provided that said
properties have not received any benefit from the water district since
its inception.
(b) The lands authorized to be deleted from the Westerlo Water
District No. 1 are described as follows:
AREA NO. 1
Beginning at a point in the northerly boundary line of New York State
Route 143, said point being the southwesterly corner of tax map parcel
139.09-2-22; thence in a southerly direction across New York State Route
143, 55 feet, more or less, to a point in the southerly boundary line of
New York State Route 143, said point also being the northeasterly corner
of tax map parcel 139.09-3-22; thence in a southerly direction along the
easterly boundary line of said parcel 139.09-3-22, 148 feet, more or
less, to a point, said point being the southeasterly corner of said
parcel 139.09-3-22; thence in a westerly direction along the southerly
boundary line of said parcel 139.09-3-22, 86.05 feet, more or less, to a
point, said point being the southwesterly corner of said parcel
139.09-3-23, said point also being in the easterly boundary line of tax
map parcel 139.09-3-21; thence in a southerly direction along the
easterly boundary line of said parcel 139.09-3-21, 189.72 feet, more or
less, to a point, said point being the southeast corner of said parcel
139.09-3-21; thence in a westerly direction along the southerly boundary
line of said parcel 139.09-3-21, 99.08 feet, more or less, to a point,
said point being the southwest corner of said parcel 139.09-3-21, said
point also being in the easterly boundary line of tax map parcel
139.09-3-20; thence in a southerly direction along the easterly boundary
of tax map parcel 139.09-3-20, 120 feet, more or less, to a point, said
point being the southeast corner of said parcel 139.09-3-20; thence in a
westerly direction along the southerly boundary line of said parcel
139.09-3-20, 100 feet, more or less, to a point, said point being the
southwest corner of said parcel 139.09-3-20; said point also being in
the easterly boundary line of tax map parcel 139.00-1-30; thence in a
southeasterly direction along the easterly boundary line of said parcel
139.00-1-30, 540 feet, more or less, to a point; thence continuing in a
southerly direction along the easterly boundary of said parcel
139.00-1-30, 430 feet, more or less, to a point, said point being the
southwest corner of tax map parcel 139.00-1-29; thence continuing in a
southerly direction along the southerly projection of the last described
course and through the lands of the Town of Westerlo Town Park, 755
feet, more or less, to a point; thence in a westerly direction,
perpendicular to the last described course and through the lands of the
Town of Westerlo Town Park, 1185 feet, more or less, to a point, said
point being in the easterly boundary line of County Route 401; thence in
a northerly direction along the easterly boundary line of County Route
401, 250 feet, more or less, to a point; thence in a westerly direction
across County Route 401, 50 feet, more or less, to a point in the
westerly boundary line of County Route 401, said point also being the
southeasterly corner of tax map parcel 139.00-1-44; thence in a westerly
direction along the southerly boundary line of said parcel 139.00-1-44,
720 feet more or less, to a point, said point being the southwest corner
of said parcel 139.00-1-44; thence in a northerly direction along the
westerly boundary line of said parcel 139.00-1-44, 220 feet, more or
less, to a point, said point being the northwest corner of said parcel
139.00-1-44; thence in a northeasterly direction along the northerly
boundary line of said parcel 139.00-1-44, 410 feet, more or less, to a
point; thence continuing in an easterly direction along the northerly
boundary line of said parcel 139.00-1-44, 400 feet, more or less, to a
point, said point being in the easterly boundary line of County Route
401; thence in a northerly direction along the easterly boundary line of
County Route 401, 480 feet, more or less, to a point; thence across
County Route 401, 50 feet, more or less, to a point, said point being
the southeast corner of tax map parcel 139.00-1-45.1; thence in a
westerly direction along the southerly boundary line of said parcel
139.00-1-45.1, 305 feet, more or less, to a point, said point being
southwest corner of said parcel 139.00-1-45.1; thence in a northerly
direction along the westerly boundary line of said parcel 139.00-1.45-1,
390 feet, more or less, to a point, said point being the northwest
corner of said parcel 139.00-1-45.1; thence in an easterly direction
along the northerly boundary line of said parcel 139.00-1-45.1, 55 feet,
more or less, to a point, said point being the southwest corner of tax
map parcel 139.09-1-33; thence in a northerly direction along the
westerly boundary line of said parcel 139.09-1-33, 130 feet, more or
less, to a point, said point being the northwest corner of said parcel
139.09-1-33; thence in an easterly direction along the northerly
boundary line of said parcel 139.09-1-33, 60 feet, more or less, to a
point, said point being in the westerly boundary of tax map parcel
139.09-1-31; thence in a northerly direction along the westerly boundary
line of tax map parcels 139.09-1-31, 139.09-1-30 and 139.09-1-29, 150
feet, more or less, to a point, said point being the southeast corner of
tax map parcel 139.09-1-21, thence in a westerly direction along the
southerly boundary line of said parcel 139.09-1-21, 345 feet, more or
less, to a point, said point being the southwest corner of said parcel
139.09-1-21; said point also being the southeast corner of tax map
parcel 139.09-1-20.2; thence along the southerly boundary line of said
parcel 139.09-1-20.2, 71.39 feet, more or less, to a point, said point
being the northeast corner of said parcel 139.09-1-18.1; thence in a
southwesterly direction along the easterly boundary line of said parcel
139.09-1-18.1, 694 feet, more or less, to a point, said point being the
southeast corner of said parcel 139.09-1-18.1; thence in a westerly
direction along the southerly boundary line of said parcel
139.09-1-18.1, 288 feet, more or less, to a point, said point being the
southwest corner of said parcel 139.09-1-18.1; thence in a westerly and
southerly direction along the easterly boundary line of tax map parcel
138.00-2-19, 1925 feet, more or less, to a point, said point being the
southeast corner of said parcel 138.00-2-19; thence in a westerly
direction along the southerly boundary line of said parcel 138.00-2-19,
480 feet, more or less, to a point, said point being the southwest
corner of said parcel 138.00-2-19, thence in a northerly direction along
the westerly boundary line of said parcel 138.00-2-19, 2550 feet, more
or less, to a point, said point being the northwest corner of said
parcel 138.00-2-19, said point also being in the southerly boundary line
of tax map parcel 138.00-2-17; thence in a westerly direction along the
southerly boundary line of said parcel 138.00-2-17, 230 feet, more or
less, to a point in the easterly boundary line of County Route 402;
thence in a northeasterly direction along the easterly boundary of
County Route 402, 400 feet, more or less, to a point in the southerly
boundary line of County Route 1, thence along the southerly boundary
line of County Route 1, 375 feet, more or less, to a point; thence
across County Route 1, 65 feet, more or less, to a point, said point
being the southwest corner of tax map parcel 139.09-1-14; thence in a
northerly direction along the westerly boundary line of said parcel
139.09-1-14, 160 feet, more or less, to a point, said point being the
northwest corner of said parcel 139.09-1-14; thence in an easterly
direction along the northerly boundary line of tax map parcels
139.09-1-14, 139.09-1-13 and 139.09-1-12, 407.51 feet, more or less, to
a point, said point being in the westerly boundary line of said parcel
139.09-1-8.1; thence in a northerly direction along the westerly
boundary line of said parcel 139.09-1-8.1, 685 feet, more or less, to a
point, said point being the northwest corner of said parcel
139.09-1-8.1, said point also being the southwest corner of tax map
parcel 139.00-1-2.1; thence in a northerly direction along the westerly
boundary line of said parcel 139.00-1-2.1, 540 feet, more or less, to a
point, said point being the northwest corner of said parcel
139.00-1-2.1; thence in an easterly direction along the northerly
boundary line of said parcel 139.00-1-2.1, 767 feet, more or less, to a
point said point being the northeast corner of said parcel 139.00-1-2.1;
thence in a southerly direction along the westerly boundary line of New
York State Route 143, 520 feet, more or less, to a point; said point
being in the easterly boundary line of tax map parcel 139.09-1-1; thence
in an easterly direction across New York State Route 143, 50 feet, more
or less, to a point in the easterly boundary line of New York State
Route 143, said point also being the northwest corner of tax map parcel
139.09-2-1; thence in an easterly direction along the northerly boundary
line of said parcel 139.09-2-1, 748 feet, more or less to a point, said
point being the northeast corner of said parcel 139.09-2-1; thence in a
southerly direction along the easterly boundary line of said parcel
139.09-2-1, 327 feet, more or less, to a point, said point being the
southwest corner of said parcel 139.09-2-1; thence in a southerly
direction along the easterly boundary line of tax map parcels 139.0-2-4,
139.09-2-5, 139.09-2-6 and 139.09-2-7, 369.01 feet, more or less, to a
point, said point being the northwest corner of tax map parcel
139.09-2-16; thence in an easterly direction along the northerly
boundary line of tax map parcels 139.09-2-16, 139.09-2-19, 139.09-2-20
and 139.09-2-21, 492.4 feet, more or less, to a point, said point being
the northeast corner of said parcel 139.09-2-21; thence in a southerly
direction along the easterly boundary line of said parcel 139.09-2-21,
420 feet, more or less, to the point and place of beginning along the
northerly boundary line of New York State Route 143, containing 158.16
acres, more or less, as shown on a map entitled "Proposed Westerlo Water
District No. 1", dated January 2002, revised April 20, 2010 and prepared
by Stantec Consulting Services, Inc.
AREA NO. 2
Beginning at a point in the westerly boundary line of County Route
412, said point also being the southeast corner of tax map parcel
139.00-1-7; thence in a westerly direction along the southerly boundary
line of said parcel 139.00-1-7, 150 feet, more or less, to a point, said
point being the southwest corner of said parcel 139.00-1-7; thence in a
northerly direction along the westerly boundary line of said parcel
139.00-1-7, 100 feet, more or less, to a point, said point being the
northwesterly corner of said parcel 139.00-1-7, thence in an easterly
direction along the northerly boundary line of said parcel 139.00-1-7,
25 feet, more or less, to a point, said point being the southwesterly
corner of tax map parcel 139.00-1-8; thence in a northerly direction
along the westerly boundary line of said parcel 139.00-1-8, 100 feet,
more or less to a point, said point being the northwesterly corner of
said parcel 139.00-1-8; thence along the westerly projection of the
northerly boundary line of said parcel 139.00-1-8, 75 feet, more or
less, to a point; thence in a northerly direction along a line parallel
to County Route 412, 225 feet, more or less, to a point, said point
being 200 feet, more or less, westerly of the westerly boundary line of
County Route 412, thence in an easterly direction, 200 feet, more or
less, to a point, said point being in the westerly boundary line of
County Route 412; thence in a southerly direction along the westerly
boundary line of County Route 412 and the easterly boundary lines of
said parcels 139.00-1-8 and 139.00-1-7, 425 feet, more or less, to the
point and place of beginning, containing 1.69 acres, more or less, as
shown on a map entitled "Proposed Westerlo Water District No. 1", dated
January 2002, revised April 20, 2010 and prepared by Stantec Consulting
Services, Inc.
AREA NO. 3
Beginning at a point in the easterly boundary line of Anable Road,
said point being the southwesterly corner of tax map parcel
128.00-1-27.12, said point also being the northwest corner of tax map
parcel 139.00-1-12; thence in an easterly direction along the northerly
boundary line of said parcel 139.00-1-12, 350 feet, more or less, to a
point, said point being the northeasterly corner of said parcel
139.00-1-12; thence in an easterly direction along the northerly
boundary line of tax map parcel 139.00-1-15.3, 450 feet, more or less to
a point, said point being the northeasterly corner of said parcel
139.00-1-15.3; thence in a southeasterly direction along the easterly
boundary line of said parcel 139.00-1-15.3, 450 feet, more or less, to a
point, said point being the southeasterly corner of said parcel
139.00-1-15.3, said point also being the northeasterly corner of tax map
parcel 139.00-1-14, thence in a westerly direction along the southerly
boundary line of said parcel 139.00-1-15.3, 1050 feet, more or less, to
a point, said point being in the easterly boundary line of Anable Road,
said point also being the southwesterly corner of said parcel
139.00-1-15.3; thence in a northerly direction along the easterly
boundary line of Anable Road, 166.7 feet, more or less, to a point, said
point being the southwesterly corner of said parcel 139.00-1-12; thence
in a northeasterly direction along the easterly boundary line of Annable
Road, 250 feet, more or less, to the point and place of beginning,
containing 9.42 acres, more or less, as shown on a map entitle "Proposed
Westerlo Water District No. 1", dated January 2002, revised April 20,
2010 and prepared by Stantec Consulting Services, Inc.
3. Sidewalk districts created in towns pursuant to the provisions of
chapter sixty-three of the laws of nineteen hundred nine, as amended, or
pursuant to the provisions of this chapter as originally enacted or
subsequently amended, are hereby dissolved. The improvements constructed
in any sidewalk district hereby dissolved shall be and become the
property of the town in which the improvements are located, unless any
portion of such district shall on January first, nineteen hundred
forty-six, be within a village or city in which event the improvements
constructed in any such district, which are located in any such village
or city, shall be and become the property of the village or city, as the
case may be. Taxes shall continue to be levied within the present area
of such districts, as heretofore, for the payment of any debts and
liabilities of such districts existing on January first, nineteen
hundred forty-six. If any such district shall have moneys on hand on
January first, nineteen hundred forty-six, such moneys shall be applied
to the payment of the debts and liabilities, if any, of such district
and the excess shall be and become the property of the town in which
such district is located unless any such district shall be now located
wholly within a village or city in which event such excess shall be and
become the property of the village or city, as the case may be. If any
such district be located in two or more towns, and is not wholly within
a village or city, such excess shall be divided among such towns in
proportion to the assessed valuations of the properties within such
district as shown on the completed assessment rolls for such district
pursuant to which the last tax was levied for the purposes of such
district.
4. Notwithstanding any other provision of general, special, or local
law, rule, or regulation to the contrary, whenever the town board of the
town of Southampton, Suffolk county shall determine it to be in the
public interest, said town board may, upon its own motion and without a
petition, but after a public hearing held in the manner and upon the
notice specified in subdivision one of this section, diminish the
Hampton Bays water district by deleting therefrom all lands east of the
Shinnecock Inlet within the village of Southampton presently included in
said district. In addition, any order adopted by the town board pursuant
to this subdivision shall be subject to a permissive referendum pursuant
to article seven of this chapter.
5. Notwithstanding any other provision of general, special, or local
law, rule, or regulation to the contrary, whenever the town board of the
town of Huron, Wayne county shall determine it to be in the public
interest, said town board may, upon its own motion and without a
petition, but after a public hearing held in the manner and upon the
notice specified in subdivision one of this section, diminish the Sodus
Bay aquatic plant growth control district by deleting all lands in
extension 2 consisting of lots 5 through 71 on the water side of Ann Lee
Drive, extension 3, consisting of lots 79 through 104 on the water side
of Ann Lee Drive and extension 4 consisting of all property on Spiegel
Parkway fronting Sodus Bay, consisting of lots 53 through 67 (including
lots 56A and 56B) and lots 100 through 112 and all land to the south of
that land all to the north of Ridge Road fronting Sodus Bay, all in the
town of Huron, presently included in said district. In addition, any
order adopted by the town board pursuant to this subdivision shall be
subject to permissive referendum pursuant to article seven of this
chapter.
6. (a) Notwithstanding any other provision of general, special or
local law, rule, or regulation to the contrary, whenever the town board
of the town of Chester, Warren county shall determine it to be in the
public interest, said town board may, upon its own motion and without a
petition, but after a public hearing held in the manner and upon the
notice specified in subdivision one of this section, diminish the
Pottersville water district by deleting therefrom the lands described in
paragraph (b) of this subdivision located in the hamlet of Pottersville
and presently included in said district. In addition, any order adopted
by the town board pursuant to this subdivision shall be subject to a
permissive referendum pursuant to article seven of this chapter.
(b) The lands authorized to be deleted from the Pottersville water
district is described as follows:
All that parcel of land located in and near the Hamlet of Pottersville
in the Town of Chester, Warren County, New York being part of lands
shown on "Map Proposed Water District Pottersville" dated April 15, 1946
by E. D. Collamer, C. E. and surveyed by G. J. Weaver in October 1945,
said map being duly filed in the Office of the Clerk for the Town of
Chester, said parcel being more particularly bounded and described as
follows:
Beginning at the point of intersection of the centerline of the New
York State Highway leading northerly from Loon Lake to Pottersville and
more commonly known as Route #9 with the southerly line of the former
Lighting District #2 in the Town of Chester, New York, which said point
of beginning lies in the southerly line of the said Water District and
running
Thence along the southerly line of said District and accordance to the
true meridian North 75Á East, 500 feet to the southeasterly corner of
said District;
Thence along said easterly line of same North 04Á 50' West,
approximately 600 feet to a point in the southerly boundary of lands
reputedly of Russell and Duell known as Lot No. 1 on a plat entitled
"Dalaba Subdivision" originally dated April 22, 1991 by James P. Hughes,
P.L.S. and filed in the Warren County Clerk's Office on August 29, 1991,
Thence according to the magnetic meridian South 65Á 30' 50" West,
along said southerly boundary approximately 270 feet to a tall iron pipe
in the westerly boundary of said lot No. 1;
Thence North 28Á 47' 40" West, along said westerly boundary, 414.54
feet to an iron pipe found in the easterly boundary of said Route 9;
Thence Northeasterly, along said easterly boundary, the following four
courses:
1.) North 28Á 10' 30" East, 404.95 feet to a point;
2.) North 37Á 56' 20" East, 516.24 feet to an iron rod set;
3.) North 23Á 48' 50" East, 91.91 feet to an iron rod set;
4.) North 17Á 32' 00" East, 119.91 feet to an iron pipe found;
Thence continuing northeasterly, along said easterly boundary of Route
9 as it winds and turns, approximately 320 feet to a point lying on the
easterly extension of the southerly boundary of lands reputedly of
Manifold known as Assessment Map Parcel #52.12-1-3;
Thence Westerly, along said easterly extension (crossing said Route
9), approximately 50 feet to a point in the westerly boundary of said
Route 9;
Thence Westerly, along the southerly boundary of said lands of
Manifold known as Parcel #52.12-1-3, approximately 20 feet to the east
bank of a brook draining from Echo Lake;
Thence Northerly, along said easterly bank as it winds and turns and
downstream, approximately 220 feet to a point in the westerly boundary
of said Route 9;
Thence Northerly, along said Westerly boundary, approximately 10 feet
to a point in the southerly boundary of lands reputedly of Knapp known
as Assessment Map Parcel #52.12-1-1;
Thence along said southerly boundary of lands of Knapp known as Parcel
#52.12.-1-1 the following three courses:
1.) Westerly, approximately 60 feet to a point;
2.) Northerly, approximately 80 feet to a point;
3.) Westerly, approximately 500 feet to a point in the northeasterly
boundary of lands reputedly of Gunning known as Assessment Map Parcel
#52-1-10;
Thence Northerly, along said northeasterly boundary and an extension
thereof, approximately 200 feet to a point in the westerly boundary of
said Water District;
Thence South 09Á East, along said westerly boundary as shown on the
aforesaid "Proposed Water District" map, approximately 2500 feet to a
point marking the southwest corner of said Water District;
Thence North 75Á East, along the southerly line of said Water
District, 500 feet to the point of beginning.
7. (a) Notwithstanding any other provision of general, special or
local law, rule, or regulation to the contrary, whenever the town board
of the town of Byron, Genesee county shall determine it to be in the
public interest, said town board may, upon its own motion and without a
petition, but after a public hearing held in the manner and upon the
notice specified in subdivision one of this section, diminish the Byron
sewer district by deleting therefrom the lands described in paragraph
(b) of this subdivision located in the town of Byron and presently
included in said district. In addition, any order adopted by the town
board pursuant to this subdivision shall be subject to a permissive
referendum pursuant to article seven of this chapter.
(b) The lands authorized to be deleted from the Byron sewer district
is described as follows:
ALL THAT TRACT OR PARCEL OF LAND, situate in the Town of Byron, County
of Genesee and State of New York, known and distinguished as the south
west corner of lot number six in township number one of the 100,000 Acre
or Connecticut Tract, so called, bounded as follows, viz: Beginning at a
point in the west line of said Lot number six distant three chains
eighty-nine links north of the southwest corner thereof, thence north on
said west line one chain and fifty links, thence east three chains
thirty-seven and one-half links, thence south parallel with the west
line one chain and fifty links, thence west parallel with the north line
three chains thirty-seven and one half links to the place of beginning,
containing land more or less.
ALSO ALL THAT TRACT OR PARCEL OF LAND, situate in the Town of Byron,
County of Genesee, and State of New York, distinguished as part of lot
number 6, township number 1, of the 100,000 Acre or Connecticut Tract,
so called, bounded and described as follows: Commencing at the
south-east corner of land conveyed by Levi W. Fisk and Nellie, his wife,
to Ernest H. Schaufelberger by deed dated August 19th, 1902 in Liber 197
of Deeds, at page 90; thence northerly bounding thereon one chain fifty
links to the north-east corner of said lands; thence easterly in a
direct line with the north bounds thereof, prolonged fifty-feet; thence
southerly parallel with the first mentioned boundary one chain fifty
links; thence westerly in a direct line fifty feet to the south-east
corner of the lands first mentioned and to the place of beginning,
containing land more or less.
8. (a) Notwithstanding any other provision of general, special or
local law, rule, or regulation to the contrary, whenever the town board
of the of town of Rockland, Sullivan county shall determine it to be in
the public interest, said town board may, upon its own motion and
without a petition, but after a public hearing held in the manner and
upon the notice specified in subdivision one of this section, diminish
the Roscoe sewer district by deleting therefrom the lands described in
paragraph (b) of this subdivision located in the town of Rockland and
presently included in said district. In addition, any order adopted by
the town board pursuant to this subdivision shall be subject to a
permissive referendum pursuant to article seven of this chapter.
(b) The lands authorized to be deleted from the Roscoe sewer district
are described as follows:
ALL that certain plot, piece or parcel of land, with the buildings and
improvements thereon erected, situate, lying and being in the Town of
Rockland, County of Sullivan and State of New York and described as
follows: Beginning at a point in the center of the highway leading from
Roscoe to Rockland and in the line dividing lots 21 and 22 and running
thence south 62 degrees 45' east 330' passing through crotch of an apple
tree standing on the east side of said highway to an iron at end of old
fence line; thence along fence line South 22 degrees west 65 feet to an
iron; thence north 62 3/4 degrees west 329 feet to a point in the center
of highway; thence north 17 1/2 degrees east 65' to place of beginning,
containing nearly one-half acre of ground more or less.
9. Notwithstanding any other provision of general, special or local
law, rule, or regulation to the contrary, whenever the town board of the
town of Hyde Park, Dutchess county, shall determine it to be in the
public interest, said town board may, upon its own motion and without a
petition, but after a public hearing held in the manner and upon the
notice specified in subdivision one of this section, diminish the
Greenfields Water District by deleting therefrom the one hundred
nineteen townhouse lots which have not since the formation of the
district been provided with any water infrastructure or service and
presently are included in said district. In addition, any order adopted
by the town board pursuant to this subdivision shall be subject to a
permissive referendum of the property owners in the Greenfields Water
District pursuant to article seven of this chapter.
The lands authorized to be deleted from the Greenfields Water District
is described as follows:
ALL that certain parcel of land situate in the Town of Hyde Park,
County of Dutchess and State of New York and is more particularly
described as follows:
BEGINNING at the southerly most corner of Lot 16 as shown on a map
entitled "Revised Subdivision Plat Green Fields East" as filed in the
Dutchess County Clerk's Office as Map No. 4604; thence easterly along
the southerly line of Lot 16 North 79Á14'00" East 122.93 feet to the
southeasterly corner of Lot 16; thence northerly along the easterly line
of Lots 16-23 and the projection of said line North 10Á46'00" West
168.66 feet to a point on the southerly line of Lot 30; thence easterly
along the southerly line of Lots 30 and 31 North 79Á14'00" East 35.66
feet to the southeasterly corner of Lot 31; thence northerly along the
easterly line of Lot 31 North 10Á46'00" West 100.00 feet to a point on
the southerly line of Russett Road, said point being the northeasterly
corner of said Lot 31; thence easterly along the southerly line of
Russett Road North 79Á14'00" East 34.34 feet to a point; thence
northerly crossing Russett Road North 10Á46'00" West 50.00 feet to the
point of intersection of the northerly line of Russett Road and the
easterly line of Call Hollow Road; thence northwesterly along said
easterly road line along a curve to the right having a radius of 25.00
feet, a central angle of 90Á00'00" and an arc length of 39.27 feet to
the southwesterly corner of Lot 196; thence easterly along the southerly
line of Lot 196 North 79Á14'00" East 100.00 feet to the southeasterly
corner of Lot 196; thence northerly along the easterly line of Lots
196-201 North 10Á46'00" West 120.66 feet to the northeasterly corner of
Lot 201; thence westerly along the northerly line of Lot 201 South
79Á14'00" West 100.00 feet to a point on the easterly line of Call
Hollow Road, said point being the northwesterly corner of Lot 201;
thence northerly along said easterly road line North 10Á46'00" West
87.34 feet to its point of intersection with the southerly line of
Litchfield Drive; thence northeasterly along said southerly road line
along a curve to the right having a radius of 25.00 feet, a central
angle of 90Á00'00" and an arc length of 39.27 feet to a point; thence
northerly crossing Litchfield Drive North 10Á46'00" West 50.00 feet to a
point of intersection on the northerly line of Litchfield Drive, said
point being the southwesterly corner of Lot 107; thence northwesterly
along said northerly road line along a curve to the right having a
radius of 25.00 feet, a central angle of 90Á00'00" and an arc length of
39.27 feet to the point of intersection of the northerly line of
Litchfield Drive and the easterly line of Call Hollow Road; thence
westerly crossing Call Hollow Road South 79Á14'00" West 50.00 feet to a
point on the westerly line of Call Hollow Road; thence southerly along
said road line South 10Á46'00" East 6.68 feet to the northeasterly
corner of Lot 1228; thence westerly along the northerly line of Lot 128
South 79Á14'00" West 100.00 feet to the northwesterly corner of Lot 128;
thence southerly along the westerly line of Lots 128 and 129 South
10Á46'00" East 25.31 feet to a point in range with the northerly line of
Lots 170-173; thence westerly along a line in range with Lots 170-173,
the northerly line of Lots 170-173 and its westerly projection South
79Á14'00" West 112.62 feet to a point on the westerly line of File Map
No. 4604; thence northerly along said westerly line North 07Á40'01" East
454.74 feet to the northwesterly corner of said map No. 4604; thence
easterly along the northerly line of map No. 4604 the following three
(3) courses:
1. South 72Á25'56" East 180.00 feet,
2. South 71Á50'56" East 384.20 feet and
3. South 72Á49'56" East 262.85 feet
to the northeasterly corner of Map No. 4604; thence southerly along the
easterly line of Map No. 4604 the following five (5) courses:
1. South 07Á30'57" West 170.03 feet,
2. South 09Á05'57" West 218.24 feet,
3. South 06Á59'57" West 148.58 feet,
4. South 07Á42'57" West 151.40 feet and
5. South 07Á52'57" West 266.32 feet
to the southeasterly corner of Map No. 4604; thence westerly along the
southerly line of Map No. 4604 the following four (4) courses:
1. North 72Á59'04" West 221.10 feet,
2. North 59Á47'03" West 9.80 feet,
3. North 74Á01'04" West 194.72 feet and
4. North 72Á25'04" West 105.87 feet
to the point or place of BEGINNING and containing 12.897 acres of land,
more or less.
10. (a) Notwithstanding any other provision of general, special or
local law, rule, or regulation to the contrary, whenever the town board
of the town of Fort Ann, in the county of Washington, shall determine it
to be in the public interest, said town board may, upon its own motion
and without a petition, but after a public hearing held in the manner
and upon the notice specified in subdivision one of this section,
diminish the Lake Hadlock park district by deleting therefrom the
parcels of lands described in paragraph (b) of this subdivision located
in the town of Fort Ann and presently included in said district,
provided that such lands have not received any benefit from such park
district since its inception. In addition, any order adopted by the town
board pursuant to this subdivision shall be subject to a permissive
referendum pursuant to article seven of this chapter.
(b) The parcels of lands authorized to be deleted from the Lake
Hadlock park district are described as follows:
PARCEL A
All that piece or parcel of land situate, lying and being in the Town
of Fort Ann, County of Washington and State of New York, being bounded
and described as follows:
Beginning at a point in the center of Hadlock Pond Road at the
intersection of said Hadlock Pond Road with Twiss Road, said point being
the northeasterly corner of Lot 1 and the southeasterly corner of the
parcel herein described and being 25 feet from a capped iron pin set;
running thence along said Lot 1 the following two courses:
S 43 degrees 40' 46" W 188.26 feet passing through said iron pin set
to a capped iron pin set;
S 58 degrees 54' 56" W 552.56 feet to a capped iron pin set on the
easterly bounds of lands of Mahoney; running thence along said lands of
Mahoney
N 12 degrees 56' 54" E 363.49 feet to a capped iron pin at the
southwesterly corner of Lot 3; running thence along said Lot 3
N 56 degrees 19' 59" E 618.90 feet passing through a capped iron pin
set to a point in the centerline of the aforementioned Twiss Road;
running thence along said centerline of Twiss Road the following three
courses:
S 00 degrees 11' 59" W 158.11 feet;
S 05 degrees 56' 23" E 80.08 feet;
S 01 degrees 34' 02" W 38.15 feet to the point and place of beginning.
Containing 4.020 acres of land.
PARCEL B
All that piece of parcel of land situate, lying and being in the Town
of Fort Ann, County of Washington and State of New York, being bounded
and described as follows:
Beginning at a point in the center of Twiss Road approximately 290
feet north of the intersection of said Twiss Road with Hadlock Pond
Road, said point being the northeasterly corner of Lot 2 and the
southeasterly corner of the parcel herein described and being 25 feet
from a capped iron pin set; running thence along said Lot 2
S 56 degrees 19' 59" W 618.90' passing through said iron pin set to a
capped iron pin at the southwesterly corner of lands of Gannon; running
thence along said lands of Gannon the following two courses:
N 12 degrees 56' 54" E 420.12' to a capped iron pin at the end of a
stone wall;
N 54 degrees 46' 56" W 100.00' along said stone wall to a capped iron
pin set at the southeasterly corner of Lot 4; running thence along said
Lot 4 the following two courses:
N 74 degrees 54' 06" E 127.80' to a capped iron pin set;
N 24 degrees 37' 08" E 308.95' passing through a capped iron pin set
to a point in the centerline of the aforementioned Twiss Road; running
thence along said centerline of Twiss Road the following six courses:
S 50 degrees 17' 57" E 143.95';
S 48 degrees 34' 58" E 90.83';
S 38 degrees 10' 37" E 78.55';
S 17 degrees 44' 41" E 56.30';
S 03 degrees 54' 28" E 92.35';
S 00 degrees 11' 59" W 78.58' to the point and place of beginning.
Containing 4.700 acres of land.
PARCEL C
All that piece or parcel of land situate, lying and being in the Town
of Fort Ann, County of Washington and State of New York, being bounded
and described as follows:
Beginning at a point in the center of Twiss Road approximately 560
feet east of the intersection of said Twiss Road with Buttermilk Falls
Road, said point being the northerly corner of Lot 3 and the easterly
corner of the parcel herein described and being 25 feet from a capped
iron pin set; running thence along said Lot 3 the following two courses:
S 24 degrees 37' 08" W 308.95' passing through said iron pin set to a
capped iron pin set;
S 74 degrees 54' 06" W 127.80' to a capped iron pin set on the
northerly bounds of lands of Gannon; running thence along said lands of
Gannon and thence lands of Mahoney the following three courses:
N 54 degrees 48' 56" W 75.19' to a capped iron pin set;
N 51 degrees 51' 16" W 281.11' to an iron pipe at the end of a stone
wall;
N 10 degrees 29' 14" E 429.70' along said stone wall and an extension
thereof to a point in the centerline of the aforementioned Twiss Road
near its intersection with Buttermilk Falls Road; running thence along
the centerline of Twiss Road the following four courses:
S 63 degrees 04' 54" E 147.27';
S 56 degrees 31' 04" E 135.66';
S 53 degrees 26' 03" E 77.33';
S 47 degrees 24' 35" E 203.53' to the point and place of beginning.
Containing 4.730 acres of land.
PARCEL D
ALL THAT CERTAIN PIECE OR PARCEL OF LAND, situate, lying and being in
the Town of Fort Ann, County of Washington and State of New York
commencing at a point in the center of an eighteen foot wide macadam
surfaced roadway known as the Hadlock Pond Road and being the
northwesterly corner of those premises described in a Deed from John R.
Ferguson and Joanne M. Ferguson to Robert H. Quinlan and Gloria M.
Quinlan dated September 15, 1994 and recorded in the Washington County
Clerk's Office on October 3, 1994 in Book 719 of Deeds at Page 221 and
from said point or place of beginning on a course of North 69 degrees 58
minutes 00 seconds East to a point on the high water mark of Bishop
Brook and being the northeasterly corner of those premises of the said
Quinlan; thence in a generally northerly direction and along the high
water mark of Bishop Brook as it winds and turns to the northerly
boundary line of lands formerly of Hadlock Realty Corporation; thence
South 81 degrees 35 minutes 30 seconds West along said northerly line to
a point being the northeasterly corner of a lot of land heretofore
conveyed to Lawrence Wood and Elizabeth Wood by deed dated May 26, 1964
and recorded in Washington County Clerk's Office June 2, 1964 in Book
393 of Deeds at Page 255, running thence South 33 degrees west along the
easterly line of the lands so conveyed to said Lawrence Wood and
Elizabeth Wood to the center of said Hadlock Pond Road, thence along the
center line of Hadlock Road in a southerly direction to the point or
place of beginning.
PARCEL E
ALL THAT CERTAIN PARCEL OF LAND situate in the Town of Fort Ann,
Washington County, New York, located on the easterly side of a town
highway at the northeasterly end of Hadlock Pond, and which said parcel
is bounded and described as follows:
BEGINNING at a point formed by the intersection of the easterly edge
of the traveled portion of said highway with a line connecting the
northerly end of the easterly and westerly abutment of a bridge crossing
said roadway, under which flows a stream entering into Hadlock Pond;
running thence from the place of beginning, in a northerly direction,
along the easterly edge of said traveled portion of said roadway, for a
distance of approximately 283 feet; thence in an easterly direction, on
a line which is parallel to and 3 feet distant, southerly, at right
angles from the center of two pine trees, the first of which is located
just west of the above mentioned roadway, the second being located near
the shore of Hadlock Pond, for a distance of approximately 80 feet to
the center of the aforementioned stream; thence southerly and
southwesterly, along the center line of said stream, for a distance of
approximately 480 feet, more or less, to the easterly face of said
bridge abutment; thence northerly, along the easterly face of said
abutment to the northeast corner of said abutment; thence in a westerly
direction, along the northerly face of said abutment and continuing in
the same line to the point of beginning which is the easterly edge of
the traveled portion of said roadway.
11. (a) Notwithstanding any other provision of general, special or
local law, rule or regulation to the contrary, whenever the town board
of the town of Queensbury, in the county of Warren, shall determine it
to be in the public interest, said town board may, upon its own motion
and without a petition, but after a public hearing held in the manner
and upon the notice specified in subdivision one of this section,
diminish the Glen Lake aquatic plant growth control district by deleting
therefrom the parcels of land described in paragraph (b) of this
subdivision located in the town of Queensbury and presently included in
said district, provided that such lands have not received any benefit
from such aquatic plant growth control district since its inception. In
addition, any order adopted by the town board pursuant to this
subdivision shall be subject to a permissive referendum pursuant to
article seven of this chapter.
(b) The parcels of land authorized to be deleted from the Glen Lake
aquatic plant growth control district are described as follows:
PARCEL A
31 Glen Lake Road, Town of Queensbury, County of Warren, State of New
York
More particularly described in a deed from Mary L. Sicard and Linda L.
Sicard to Mary L. Sicard dated February 26, 2015 and recorded in the
Warren County Clerk's Office on February 27, 2015 in Book 5119 of deeds
at Page 77.
Lot 12. Tax Parcel 289.6-1-17.2. All that certain piece or parcel of
land situate lying and being in the Town of Queensbury, County of Warren
and State of new York, referenced as Lot 12 in a subdivision of land
shown on a map entitled; "Residential Subdivision Sicard Properties" as
prepared by W. J. Rourke and Dated March 2014 and filed in the Warren
County Clerk's Office on June 13, 2014 at Plat Cabinet C, Slide 358 and
being more particularly bound and described as follows:
Beginning at a point on the northerly bounds of lot 10 at the
southeasterly corner of lot 11, thence running the following two courses
and distances along the easterly then northerly bounds of lot 11; North
5 degrees 54 minutes 15 seconds East 104.80 feet, thence running North
86 degrees 2 minutes 45 seconds West 108.00 feet to a point in the
easterly bounds of Glen Lake Road, thence running, along the easterly
bounds of Glen Lake Road; North 6 degrees 28 minutes 36 seconds East
94.08 feet to the southwesterly corner of lot 13, thence running, along
the southerly bounds of lot 13 South 86 degrees 58 minutes 15 seconds
East 189.48 feet to a point being the southeast corner of lot 13 and a
southwesterly corner of lot 3, thence running the following three
courses along the southerly bounds of lot 3; South 86 degrees 58 minutes
15 seconds East 124.58 feet, then South 51 degrees 57 minutes 12 seconds
East 63.98 feet, then South 14 degrees 25 minutes 47 seconds West 26.62
feet to a point being the northwesterly corner of lot 4, thence running,
along the westerly bounds of lot 4; South 14 degrees 25 minutes 47
seconds West 60.06 feet to a point on the northerly bounds of lot 10,
thence running, along the northerly bounds of lot 10 the following 4
courses and distances; North 50 degrees 14 minutes 46 seconds West
103.93 feet, then North 87 degrees 9 minutes 19 seconds West 39.28 feet,
then South 13 degrees 42 minutes 18 seconds west 144.82 feet, then North
86 degrees 2 minutes 45 seconds West 102.86 feet to the point or place
of beginning. Said parcel of land to contain 1.003 acres of land more or
less.
PARCEL B
Glen Lake Road, Town of Queensbury, County of Warren, State of New
York
More particularly described in a deed from Charles O. Sicard to
Charles O. Sicard and Mary Sicard dated September 28, 1990 and recorded
in the Warren County Clerk's Office on October 18, 1990 in Book 806 of
Deeds at Page 189.
Lot 13. tax Parcel 289.6-1-17.3. All that certain piece or parcel of
lane situate lying and being in the Town of Queensbury, County of Warren
and State of New York, referenced as Lot 13 in a subdivision of land
shown on a map entitled; "Residential Subdivision Sicard properties" as
prepared by W.J. Rourke and dated March 2014 and filed in the Warren
County Clerk's Office on June 13, 2014 at Plat Cabinet C, Slide 358 and
being more particularly bound and described as follows:
Beginning at a point on the easterly bounds of Glen Lake Road at the
northwesterly corner of lot 12, thence running, along the easterly
bounds of Glen Lake Road; North 6 degrees 28 minutes 36 seconds East
242.67 feet the point where the easterly bounds of Glen Lake Road and
the southerly bounds of Nacy Road intersect, said point being the
northwesterly corner of the lot herein described, thence running, along
the southerly bounds of Nacy Road; South 86 degrees 58 minutes 15
seconds East 174.89 feet to the northwesterly corner of lot 3, thence
running, along the westerly bounds of lot 3; South 3 degrees 1 minute 45
seconds West 242.24 feet to a point on the northerly bounds of lot 12,
thence running, along the northerly bounds of lot 12; North 86 degrees
58 minutes 15 seconds West 189.48 feet to the point or place of
beginning. Said parcel of land to contain 1.013 acres of land more or
less.
PARCEL C
Nacy Road, Town of Queensbury, County of Warren, State of New York
More particularly described in a deed from Charles O. Sicard to
Charles O. Sicard and Mary Sicard dated September 28, 1990 and recorded
in the Warren County Clerk's Office on October 18, 1990 in Book 806 of
Deeds at Page 189.
Lot 10. Tax Parcel 289.6-1-17.4. All that certain piece or parcel of
land situate lying and being in the Town of Queensbury, County of Warren
and State of New York, referenced as Lot 10 in a subdivision of land
shown on a map entitled; "Residential Subdivision Sicard Properties" as
prepared by W.J. Rourke and dated March 2014 and filed in the Warren
County Clerks Office on June 13, 2014 at Plat Cabinet C, Slide 358 and
being more particularly bound and described as follows:
Beginning, at a point in the northerly bounds of Nacy Road where the
same intersects with the easterly bounds of Glen Lake Road, thence
running, along the easterly bounds of Glen Lake Road; North 6 degrees,
28 minutes and 36 seconds East 6.05 feet to the southwest corner of
lands now or formerly of Godnick, thence running, along the southerly
bounds of Godnick; South 86 degrees 58 minutes 15 seconds East 378.01
feet to a point in the northerly bounds of Nacy Road, thence running the
following two courses and distances, along the northerly bounds of Nacy
Road; South 24 degrees 38 minutes and 45 seconds 6.49 feet, then North
86 degrees, 58 minutes 15 seconds West 375.98 feet to the point or place
of beginning. Said parcel of land to contain 0.052 acres of land more or
less.
PARCEL D
30 Louise Lane, Town of Queensbury, County of Warren, State of New
York
More particularly described in a deed from Charles O. Sicard to
Charles L. Sicard dated December 21, 1993 and recorded in the Warren
County Clerk's Office on January 04, 1994 in Book 904 of Deeds at Page
309.
Lot 5. Tax Parcel 289.6-1-36. All that certain piece or parcel of land
situate lying and being in the Town of Queensbury, County of Warren and
State of New York, referenced as Lot 5 in a subdivision of land shown on
a map entitled; "Residential Subdivision Sicard Properties" as prepared
by W.J. Rourke and dated March 2014 and filed in the Warren County
Clerk's Office on June 13, 2014 at Plat Cabinet C, Slide 358 and being
more particularly bound and described as follows:
Beginning at a point on the northerly bounds of lot 10 and the
southerly bounds of lot 4 of the above referenced subdivision at the
southwest corner of the parcel herein being described, thence running
the following three courses and distances along the southerly bounds of
lot 4; North 10 degrees 41 minutes 45 seconds East 74.08 feet, then
South 82 degrees 21 minutes 19 seconds East 120.81 feet, then South 21
degrees 26 minutes 15 seconds West 26.10 feet to a point on the
northerly bounds of said lot 10, thence running the following two
courses and distances along the northerly bounds of lot 10; South 21
degrees 26 minutes 15 seconds West 44.87 feet, then North 85 degrees 2
minutes 15 seconds West 107.95 feet to the point or place of beginning.
Said parcel of land contains 0.187 acres of land more or less.
12. Notwithstanding any other provision of general, special or local
law, rule or regulation to the contrary, whenever the town board of the
town of Newburgh, Orange County, shall determine it to be in the public
interest, said town board may, upon its own motion and without petition,
but after a public hearing held in the manner and upon the notice
specified in subdivision one of this section, diminish the size of,
extend, merge or combine any lighting district or districts, or
otherwise amend same, provided that a period of at least one year shall
have elapsed since the date of establishment of any such district and,
further, provided that there be no indebtedness, outstanding and unpaid,
incurred to accomplish any of the purposes of such district. Any order
adopted by the town board pursuant to this subdivision shall be subject
to a permissive referendum pursuant to article seven of this chapter.
Increase of maximum amount to be expended. 1. At any time
after the establishment of an improvement district the maximum amount
proposed to be expended for the improvement in such district, as stated
in the petition for the establishment of such district, may be increased
by an order of the town board provided a petition requesting such
increase signed as required by section one hundred ninety-one of this
article is presented to the town board and provided the town board
shall, after a public hearing ordered and held in the manner prescribed
by sections one hundred ninety-three and one hundred ninety-four of this
article, determine that it is in the public interest to authorize the
increase of such maximum amount, and provided the comptroller of the
state of New York shall have made as may be required pursuant to
subdivision six of section one hundred ninety-four of this article,
after such public hearing, an order approving the increase of such
maximum amount as stated in the petition. 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.
2. If the petition for establishment of the district proposes only the
performance or supplying of certain services, and states the maximum
amount to be expended annually for such services, the maximum amount to
be expended annually may be increased by an order of the town board
provided the town board shall, after a public hearing, determine that it
is in the public interest to authorize the increase of such maximum
amount. The town board shall give notice of such hearing by publication
of a notice in at least one newspaper having general circulation in the
district specifying the time when and the place where such hearing will
be held and stating the increase proposed in the maximum amount to be
expended annually. Such notice shall be published once at least ten days
prior to the date specified for such hearing. The approval of the state
comptroller to such increase in the maximum amount to be expended
annually shall not be required.
Acquisition and improvement of additional property in park
districts. 1. Petition. After the establishment of a park district and
the acquisition for park purposes of the property described in the
petition for the establishment of the district, the town board upon a
petition therefor may acquire additional property for the purposes of
such park district, in the manner herein provided. Such petition shall
be signed, and acknowledged or proved, or authenticated, in the manner
specified in section one hundred ninety-one for petitions for the
establishment of a park district and shall be subject to the
requirements of such section as to sufficiency of signers. The petition
shall also describe the additional property proposed to be acquired for
park purposes and shall state the maximum amount proposed to be expended
for the acquisition and improvement thereof.
2. Hearing. Whenever such a petition containing the required
signatures shall have been presented to the town board, the board shall
adopt an order providing for a meeting to consider such petition and to
hear all interested persons and shall cause notice of such hearing to be
given in the manner provided in section one hundred and ninety-three.
After such hearing and upon the evidence given thereat, the town board
shall make the determinations specified in subdivision one of section
3. Permission of comptroller. If such board shall determine in the
affirmative all the questions set forth in such subdivision and shall
approve said petition, an application shall be filed in the office of
the state department of audit and control for permission to acquire and
improve the additional property described in said petition. Such
application shall be executed and filed in the form and manner specified
in section one hundred and ninety-four for the execution and filing of
an application for permission to create or extend an improvement
district and the state comptroller shall make and file an order, in the
manner and subject to the restrictions specified in subdivisions three
and four of said section, granting or denying such permission. The town
clerk shall present the order of the comptroller to the town board at
the next meeting thereof.
4. Powers of town board. If the state comptroller shall deny
permission for the acquisition and improvement of such property, the
town board shall forthwith adopt an order denying the petition. If the
state comptroller shall grant permission therefor, the town board may
acquire by purchase or condemnation the property described in the
petition; provided, however, that no property situated within an
incorporated village or city shall be acquired unless the permission and
consent of the legislative body thereof, is first obtained.
After such additional property has been acquired, the town board shall
have such powers and shall be subject to such duties in relation thereto
as shall be prescribed in subdivision four of section one hundred and
ninety-eight in relation to property acquired for park purposes pursuant
to the petition for the establishment of such district.
Construction or installation of certain improvements in state
highways and county roads. 1. In the event of the construction,
reconstruction or relocation of a state highway or county road in any
town outside of an existing water, water storage and distribution,
sewer, sewage disposal or drainage district, the town board of such
town, after a public hearing as hereinafter provided, may, at the time
of such construction, reconstruction or relocation, install or construct
such improvements in the right-of-way in such state highway or county
road as it may determine to be in the public interest for future use by
any such district or extension thereof in such town. The town board
shall cause a plan of the proposed improvement and an estimate of the
cost thereof to be prepared by the town engineer or, if there be no town
engineer, an engineer duly licensed by the state of New York. When the
plan and estimate of the cost have been completed, the town board shall
call a public hearing thereon and cause a notice thereof to be published
in the official newspaper of said town, if any, or if none, in any
newspaper which could be designated as the official newspaper of the
town, the first publication thereof to be not less than ten nor more
than twenty days before the day set therein for said public hearing, and
shall also cause a copy of such notice 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 date
designated for such public hearing as aforesaid. In the event that the
town maintains a website, such information may also be provided on the
website. Such notice shall describe in general terms the proposed
improvement, shall specify the estimated cost thereof and state the time
when and the place where such town board will meet to hear all persons
interested in the subject matter thereof. If the town board shall decide
after such public hearing and upon the evidence given thereat that it is
in the public interest to install or construct the proposed improvement,
such town board shall direct the engineer to prepare definite plans and
specifications and make a careful estimate of the expense, and, with the
assistance of the town attorney or an attorney employed for that
purpose, to prepare a proposed contract for the execution of the work.
Thereupon, such town board shall examine such definite plans,
specifications, estimate and the proposed contract, and may reject the
same or make such modifications or changes therein as shall seem
necessary and desirable, and adopt the same and cause the improvement to
be installed or constructed in accordance therewith.
2. The expense of any improvement 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
improvement authorized pursuant to this section. Any such improvement
shall be deemed to be a district or special improvement authorized by
article twelve of this chapter within the meaning of subdivision two of
paragraph b of section 35.00 of the local finance law. The expense of
any such improvement shall not exceed the amount stated as the estimated
cost thereof in the notice of the public hearing thereon.
3. The town board may authorize the use of any improvement installed
or constructed pursuant to this section by any water, water storage and
distribution, sewer, sewage disposal or drainage district, or extension
thereof, thereafter established in such town, provided the entire
expense of such improvement, together with the expense of the
construction of the original improvement for such district or extension,
shall not exceed the maximum amount proposed to be expended as stated in
the petition, or, in the case of a water storage and distribution
district or sewage disposal district, the notice of hearing, for the
establishment or extension of such district. Whenever the town board
shall authorize the use of any improvement installed or constructed
pursuant to this section by any district or extension thereof, the same
shall become a part of such district or extension thereof and the entire
cost of such improvement, including the expense of maintenance thereof,
shall be a charge against such district or extension and shall be
assessed, levied and collected in the same manner as other charges
against such district or extension.
4. No improvement shall be installed or constructed within any state
highway or county road pursuant to this section until the state
commissioner of transportation or the county superintendent of highways,
as the case may be, shall have granted his written consent thereto,
which consent may be made subject to such conditions as may be
determined necessary or desirable to prevent undue interference with the
work of constructing, reconstructing or relocating such highway or road.
5. In any town which is located wholly or partly within the Adirondack
park which contains state lands subject to taxation assessed at more
than thirty per centum of the total taxable assessed valuation of such
town as determined from the latest completed assessment roll of such
town, no expenditure shall be made or contract let for the purposes
authorized in this section, unless the state comptroller, on behalf of
the state, shall consent to such expenditure. In all other cases, the
consent of the state comptroller shall not be required for any
expenditure pursuant to this section.
Existing districts preserved. Districts now existing shall
continue as now established and shall have all the powers and be
governed in the same manner as provided in this act for districts
established pursuant to the provisions of article twelve. In the event
that any bonds shall have been issued by any town prior to the taking
effect of this act, taxes or assessments shall be levied and collected
for the payment of the principal and interest of said bonds as they
become due pursuant to and in accordance with the statutes and practice
relating to such matters in force immediately prior to the time this act
takes effect, except as the method of levying such taxes or assessments
may have been changed in accordance with the provisions of chapter three
hundred thirty-three of the laws of nineteen hundred thirty-four, and
the town board shall have all the powers with respect to such matters
conferred by such statutes upon any commissioners or commission
appointed, elected, or created pursuant to such statutes, or upon the
town board.
Transition to benefit basis levy of assessments in existing
lighting districts. 1. If and when the town board shall determine it to
be in the public interest for an existing lighting district levying
assessments by the ad valorem basis on the effective date of this
section to convert to the levying of assessments by the benefit basis,
the board may adopt a resolution approving the transition to the benefit
basis of levying assessments, which resolution shall be subject to a
permissive referendum in the manner provided in article seven of this
chapter, except as hereinafter provided. The proposition submitted must
be approved by the affirmative vote of a majority of the owners of
taxable real property situate in the existing district as shown upon the
latest completed assessment-roll of the town, voting on such
proposition. A petition requesting a referendum shall be sufficient if
signed and acknowledged by the owners of taxable real property situate
in the existing district, as shown upon the latest completed
assessment-roll of said town, in number equal to at least five percent
of the total number of such owners, or by one hundred of such owners,
whichever is the lesser. For the purposes of this section, 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 the petition and shall
distribute a supply to any person requesting same.
2. (a) If after the expiration of the time for filing a petition
requesting that the matter be submitted to a referendum of the property
owners of the existing district, no such petition has been filed with
the town clerk, he shall file a certificate stating such fact in the
office of the county clerk.
(b) If such petition was filed and after the referendum held pursuant
to this section, the town clerk shall prepare and file a certificate
stating that a petition was filed and a referendum was held pursuant to
the provisions of this section and certifying the result of the vote on
the proposition submitted at such referendum in the office of the county
clerk.
3. If the certificate of the town clerk required to be filed pursuant
to subdivision two of this section establishes that no petition was
filed requesting a referendum or that such petition was filed and the
result of the vote on the proposition submitted at the referendum held
pursuant thereto was in the affirmative, the town board shall adopt a
final order establishing the transition to the benefit basis.
4. The authority conferred by this section to make such transition
shall not be construed to authorize a transition from the benefit basis
to the ad valorem basis of levying assessments.
Re-establishment of certain water supply districts as water
districts.
1. The town board of any town in which a water supply district
established prior to the first day of January, nineteen hundred
thirty-four, shall exist, may re-establish any such water supply
district as a water district in the manner herein provided.
2. Order. The town board of any such town shall adopt an order
specifying the time when and place where such town board will meet to
consider whether such water supply district shall be re-established as a
water district and describing the boundaries of the water supply
district to be so re-established.
3. Notice. Notice of such hearing shall be given in the manner
provided in section one hundred ninety-three for giving notice of
hearings upon petitions for the establishment or extension of
improvement districts.
4. Hearing. If the town board shall so determine, a joint hearing may
be held upon the re-establishment of two or more water supply districts
proposed to be re-established as water districts. After such hearing or
hearings, and upon evidence given thereat, the town board shall
determine separately with respect to each district, (a) whether it is in
public interest to re-establish such water supply district as a water
district, and (b) whether all the property and property owners within
the district will be benefited by such re-establishment.
5. Re-establishment. If the town board shall determine in the
affirmative both questions set forth in the preceding subdivision, the
town board may adopt an order re-establishing any such district as a
water district and thereafter such district shall be governed, operated
and managed and improvements may be made therein in accordance with the
provisions of this chapter relating to water districts as now in force
or hereafter amended, and the town board shall have such powers for the
governing, operation and the management of such water districts and for
the making of improvements therein and shall be subject to such duties
in relation thereto, as shall be prescribed in said chapter.
6. Recording. A certified copy of the determination or order of the
town board shall be duly recorded in the manner provided in section one
hundred ninety-five in the office of the clerk of the county in which
such town is located and when so recorded shall be presumptive evidence
of the regularity of the proceedings of the town board. Any interested
person aggrieved by any final determination or order made pursuant to
the provisions of this act, may review the same in the manner provided
in subdivision two of said section one hundred ninety-five. The said
determination or order shall be final and conclusive unless application
has been made for review by certiorari within thirty days from the time
of recording thereof.
7. Effect of section. The re-establishment of any water supply
district as a water district pursuant to this section shall not impair
or affect the validity of any obligations issued by the town to provide
for the supplying of water in such water supply district nor any tax or
assessment heretofore levied for such purposes on the property within
such district, nor any action or proceeding pending in any court at the
time this section became effective.
Joint administration and operation of special or improvement
districts with town functions. The town board of a town may for use in
common by one or more special or improvement districts therein and one
or more town functions, or combination thereof:
1. Acquire real or personal property.
2. Construct and maintain buildings and other structures.
3. Purchase and maintain equipment, materials and supplies.
4. Contract for services.
5. Transfer or reallocate real or personal property, equipment,
material, supplies and personnel between or among such participating
districts and functions.
Whenever the powers hereinbefore provided are exercised by the town
board on behalf of one or more districts, such expenditure shall be
subject to the limitations provided in section two hundred two-b of this
chapter and shall be authorized in the manner provided in said section.
Any resolution providing for such joint operation and administration
shall fix a method for equitably allocating the cost and expense between
or among the various participating districts and functions on a ratio of
assessed valuations, or on the basis of the amount of services rendered,
or the cost of materials used or other benefit conferred. Any such
resolution authorizing the acquisition or transfer of property shall
provide for debit, credit or reimbursement of the appropriate fund. The
affairs of such joint administration and operation shall be so managed
and adjusted that each participating district or function shall bear not
more than its equitable share of the common cost and expense.
Acquisition of land for proposed district. Upon the adoption
of a resolution, subject to a permissive referendum, the town board may
acquire in the name of the town any lands or rights therein for use by a
future district or districts, of one or more types, or extensions
thereof in such town.
Any acquisition of such lands or rights therein as herein authorized
shall be for the purposes of one or more improvement districts or
extensions thereof proposed to be established in such town, and after
the establishment thereof such lands shall be utilized for such
purposes; provided, however, that in the event such district, districts
or extensions thereof are not created or the property becomes unsuitable
or undesirable for such district purposes, the property may be used for
other town purposes, if practicable so to do, and if not, the property
may be sold and disposed of in the same manner as town property no
longer needed for town purposes.
2. The expense of any improvement 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
improvement authorized pursuant to this section. Any such improvement
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. The town board may authorize the use of any property or rights
therein 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 property or right
therein 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 the cost of such improvement and shall be assessed, levied and
collected in the same manner as other charges against such district or
extension.
Dissolution of lighting or public parking districts; town of
Oyster Bay. 1. Whenever the town board of the town of Oyster Bay, county
of Nassau shall determine after a public hearing as hereinafter provided
that it is in the public interest to manage, maintain, operate and
repair as a town function, pursuant to this article, any improvement or
service provided or authorized to be provided by one or more special
lighting or public parking districts, it may adopt a resolution
dissolving any such lighting or public parking districts wholly located
in such town created or existing to provide such improvement or service.
The resolution dissolving the district or districts shall provide for
the assessment of the costs of any improvement provided or authorized to
be provided by such district or districts, including the principal of
and interest on any bonds or other obligations authorized to be issued
for the purposes of such district or districts or which have been issued
for the purposes of such district or districts and are outstanding and
unpaid as of the date of such dissolution, to be borne partly by the
area of the town outside of any villages and partly by lands benefited
thereby; or by the area of the town outside of any villages; or entirely
by lands benefited thereby as the town board, in its discretion, shall
determine. Where however, (1) any part of the costs of the 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 improvement shall confer upon such lots or parcels, or
(2) any part of the costs of the 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.
2. Any such resolution shall provide that the cost of the management,
maintenance, operation and repair of such improvement or service shall
thereafter 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.
3. The district or districts shall be dissolved on the first day of
January next succeeding the effective date of the resolution dissolving
such district or districts provided, however, that if the effective date
of such resolution shall be subsequent to the first day of August in any
year, the dissolution of such district or districts shall be effective
on the first day of January of the second succeeding calendar year.
4. Upon the dissolution of any such district or districts pursuant to
this section, the improvement or service provided or authorized to be
provided by such district or districts shall thereafter be a town
function and the town board shall be responsible for the necessary
management, maintenance, operation and repair thereof. All the property
of such district or districts shall become the property of the town.
5. The town board shall conduct a public hearing on the proposed
dissolution of a district or districts pursuant to this section, on
notice published at least ten but not more than twenty days before such
hearing in a newspaper or newspapers designated pursuant to subdivision
eleven of section sixty-four of this chapter and shall also cause a copy
thereof to be posted upon the bulletin board in the office of the town
clerk. In the event that the town maintains a website, such information
may also be provided on the website. Such notice shall specify the time
when and the place where such hearing will be held and in general terms,
describe the proposed dissolution, and where appropriate, the proposed
basis of apportioning, levying and assessing all improvement costs and
shall specifically state that the cost of the management, maintenance,
operation and repair of such improvement or service provided or
authorized to be provided by the district or districts proposed to be
dissolved shall thereafter 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.
6. The town board may complete any improvement authorized to be
provided in the district or districts dissolved or to be dissolved and
finance such improvement pursuant to the local finance law.
7. The town clerk shall cause a certified copy of any such resolution
to be duly recorded in the manner prescribed in section one hundred
ninety-five of this article.
ARTICLE 12-A Establishment or Extension of Improvement Districts--alternate Procedure
Application of article. Notwithstanding any other provisions of
this chapter, the town board of any town may, in the manner provided by
this article, establish or extend in said town, improvement districts as
defined in this article 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
situate within the boundaries of a water district. Any improvement
district as defined in this article established pursuant to this article
or otherwise may be extended pursuant to the provisions of this article
or any other applicable provision of law. However, this article shall
not apply to the extension of any such improvement districts to which
the provisions of article thirteen of this chapter are applicable
without the prior approval in writing of a majority of the commissioners
of such 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 five-a of the village law, as the case may be.
Definitions. For the purposes of this article the following
definitions shall apply:
1. the term "improvement district" shall include only a sewer,
wastewater disposal, drainage, water, park, public parking, lighting,
snow removal, water supply, sidewalk, refuse and garbage, aquatic growth
control, or watershed protection improvement district or ambulance
district in any town, and, in any town bordering upon or containing
within its boundaries any navigable water of this state a public dock or
beach erosion control district;
2. the term "typical property" shall mean a benefited property having
an assessed value that approximates the assessed value of the mode of
the benefited properties situated in the district or extension that will
be required to finance the cost of the proposed improvements;
3. the term "typical one or two family home" shall mean a benefited
property improved by a one or two family dwelling and having as assessed
value that approximates the assessed value of the mode of the benefited
properties improved by one or two family dwellings situated in the
district or extension that will be required to finance the cost of the
proposed improvements;
4. the terms "cost of the district or extension to the typical
property" and "cost of the district or extension to the typical one or
two family home" shall mean the amount that is estimated that the owner
of such a typical property or home within the district or extension will
be required to pay for debt service, operation and maintenance and other
charges, such as user charges, related to the improvements in the first
year following formation of the district or extension or, if greater, in
the first year in which both principal and interest on any indebtedness
and operation and maintenance costs will be paid;
5. the term "mode" shall mean, in connection with assessed value of
property, the most frequently occurring assessed value as shown on the
latest completed final assessment roll.
Appropriation for preparation of maps, plans and reports.
The town board may adopt a resolution, subject to a permissive
referendum in the manner provided in article seven of this chapter,
appropriating a specific amount to pay the cost of preparing a general
map, plan, and report for providing the facilities, improvements, or
services in any portion of the town not included within the boundaries
of any incorporated village, city or existing improvement district in
which such facilities or services are provided, except that all or part
of an incorporated village may be included therein 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 five-a of the village
law, as the case may be. All such maps, plans and reports shall conform
with the requirements of section two hundred nine-c of this article. The
town board may determine that such maps, plans and reports 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 maps,
plans and reports shall be a town charge, and shall be assessed, levied
and collected in the same manner as other town charges. If the town
board shall thereafter establish or extend such district and construct
the improvements or contract for the required services pursuant to the
provisions of this article, the expense incurred by the town for the
preparation of the maps, plans and reports therefor shall be deemed to
be part of the cost of such improvement, or the rendering of such
services, and the town shall be reimbursed in the amount paid therefor,
or such portion of that amount which the town board, at the public
hearing held pursuant to section two hundred nine-d of this article,
shall allocate against such district.
Maps, plans and reports. The establishment or extension of an
improvement district shall be based upon a map, plan and report prepared
in such manner and in such detail as determined by the town board and
such map, plan and report shall be filed in the office of the town
clerk. In the case of a sewer, drainage or water district such maps,
plans and reports shall be prepared by a competent engineer, duly
licensed by the state of New York, showing the boundaries of the
proposed district and a general plan of the proposed sewer, drainage or
water system, as the case may be, and a report of the proposed method of
operation. If a sewer or drainage district is proposed, such map shall
show all outlets and the terminus and course of each proposed main sewer
or drain together with the location and a general description of all
sewage disposal plants, pumping stations and other public works, if any,
and shall be consistent with, so far as possible, any comprehensive plan
for sewers developed and maintained pursuant to section ninety-nine-f of
the general municipal law. If a water district is proposed, said map and
plan shall show the source of water supply and a description of the
lands, streams, water or water rights to be acquired therefor, the mode
of constructing the proposed water works and the location thereof,
including reservoirs, water purification or treatment works, water
mains, distributing pipes and hydrants, and shall be consistent with, so
far as possible, any comprehensive plan for public water supply systems
developed and maintained pursuant to section ninety-nine-f of the
general municipal law. If, however, the supply of water to be used in
said water district is to be purchased from a municipal or other
corporation, or any person, then said map and plan shall set forth and
show only the water mains, distributing pipes, hydrants, reservoirs, if
any, and location of each. Before any sewer system is constructed in any
such district, the town board shall cause a copy of the map and plan of
the proposed sewer system and sewage disposal plant or proposed
extension thereto to be submitted to the state department of health,
and, if approved, it shall be filed in the office of the state
department of health and the town clerk. The state department of health
may require profiles to be submitted for any sewers or drains shown on
such map and plan. Such map and plan may be amended with the approval of
the state department of health and if approved, shall be filed in the
office of the state department of health and the town clerk.
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.
Establishment or extension of districts. 1. After the hearing
held upon notice as hereinbefore provided and upon the evidence given
thereat, the town board shall determine by resolution:
(a) whether the notice of hearing was published and posted as required
by law, and is otherwise sufficient;
(b) whether all the property and property owners within the proposed
district or extension are benefited thereby;
(c) whether all the property and property owners benefited are
included within the limits of the proposed district or extension;
(d) whether the establishment or extension of such district is in the
public interest.
2. (a) If the town board shall determine that the notice of hearing
was not published and posted as required by law or that it is otherwise
insufficient, or if it is determined that it is not in the public
interest to accomplish the establishment or extension of the district as
proposed, the town board shall adopt a resolution stating the reasons
for its determination not to establish or extend the district and enter
the same in the minutes of its proceedings.
(b) If the town board shall determine that the notice of public
hearing was published and posted as required by law and is otherwise
sufficient, and that it is in the public interest to establish or extend
such district, either in whole or in part, but shall find that any part
or portion of the property or property owners within the proposed
district or extension are not benefited thereby or that certain property
or property owners benefited thereby have not been included therein, the
town board shall specify the necessary changes of the boundaries of the
proposed district or extension to be made in order that all of the
property and property owners and only such property and property owners
as are benefited shall be included within such proposed district or
extension, and the board shall call a further hearing at a definite
place and time not less than fifteen nor more than twenty-five days
after such determination. Notice of such further hearing shall be
published and posted in the manner provided in section two hundred
nine-d hereof except that such notice shall also specify the manner in
which it is proposed to alter the boundaries of the proposed district or
extension. Such further hearing shall be conducted in the same manner as
the original hearing.
3. If and when the town board shall determine in the affirmative all
of the questions set forth in subdivision one of this section, the board
may adopt a resolution approving the establishment or extension of the
district as the boundaries shall be finally determined and the
construction of the improvement or providing of the service therein,
which resolution shall be subject to a permissive referendum in the
manner provided in article seven of this chapter, except as hereinafter
provided. The proposition submitted must be approved by the affirmative
vote of a majority of the owners of taxable real property situate in the
proposed district or proposed extended district as shown upon the latest
completed assessment-roll of the town, voting on such proposition. 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 prescribed by the election law for the
authentication of nominating petitions, by the owners of taxable real
property situate in the proposed district or proposed extended district,
as shown upon the latest completed assessment-roll of said town, in
number equal to at least five per cent of the total number of such
owners, or by one hundred of such owners, whichever is the lesser. For
the purposes of this section, 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 the petition and shall distribute a supply to any person
requesting same.
4. (a) If after the expiration of the time for filing a petition
requesting that the matter be submitted to a referendum of the property
owners of the proposed district or proposed extended district, no such
petition has been filed with the town clerk, he shall file a certificate
stating such fact in the office of the county clerk and, where the
permission of the state comptroller is required for the establishment or
extension of a district and the construction of an improvement or the
providing of a service therein, in the office of the department of audit
and control at Albany, New York.
(b) If such a petition was filed and after the referendum held
pursuant to this section, the town clerk shall prepare and file a
certificate stating that a petition was filed and a referendum was held
pursuant to the provisions of this section and certifying the result of
the vote on the proposition submitted at such referendum in the office
of the county clerk and, where the permission of the state comptroller
is required for the establishment or extension of a district and the
construction of an improvement or the providing of a service therein, in
the office of the department of audit and control at Albany, New York.
Application for permission of state comptroller to establish
or extend district. 1. Unless it is proposed or required that the town
in which such district or extension is located shall finance the cost
thereof by the issuance of the bonds, notes, certificates or other
evidences of indebtedness of the town therefor, or shall assume the debt
service on obligations issued to finance the cost of facilities,
pursuant to subdivision twelve of section one hundred ninety-eight of
this chapter, and, if the state comptroller shall have computed average
estimated costs for similar types of districts, the cost of the district
or extension to the typical property or, if different, the cost of the
district or extension to the typical one or two family home as stated in
the notice of hearing is above the average estimated cost to the typical
properties or homes for the establishment or extension of similar types
of districts as may be annually computed by the state comptroller, the
permission of the state comptroller shall not be required for the
establishment or extension of a district and the construction of an
improvement or the providing of a service therein, including an increase
in the maximum amount proposed to be expended for the improvement in a
district, except as otherwise provided by section two hundred two-b of
this chapter. The state comptroller annually shall provide to towns
notice of the average cost thresholds as may be computed in accordance
with this section.
2. Where the permission of the state comptroller is not required
pursuant to this section and if the certificate of the town clerk
required to be filed pursuant to subdivision four of section two hundred
nine-e of this article establishes that no petition was filed requesting
a referendum or that such petition was filed and the result of the vote
on the proposition submitted at the referendum held pursuant thereto was
in the affirmative, the town board shall adopt a final order
establishing or extending the district.
3. (a) Except as otherwise provided in subdivision one of this
section, within ten days after the adoption of a resolution by a town
board approving the establishment or extension of a district and the
construction of an improvement or the providing of a service therein,
the town clerk of the town shall file a certified copy of such
resolution, in duplicate, in the office of the state department of audit
and control at Albany, New York, together with an application, in
duplicate, for permission to create or extend such district as the case
may be. Such application shall be executed and verified by the
supervisor, or such other officer of the town as the town board shall
determine, and shall include the following:
(1) A certified copy of the notice of public hearing, with proof of
publishing and posting thereof as required by this article, and, in the
instance of a sewer, wastewater disposal, drainage or water district, of
the map, plan and report filed in the town clerk's office pursuant to
section two hundred nine-c;
(2) An itemized statement of the then outstanding indebtedness of the
town for all purposes, as evidenced by bonds, bond anticipation notes,
capital notes, deferred payment notes and budget notes; the amount of
budgetary appropriations for the payment of any such outstanding
indebtedness, whether or not such appropriations have been realized as
cash; the amount of indebtedness proposed to be contracted for the
improvement, and the amounts, purposes and probable dates of issuance of
any bonds, bond anticipation notes, capital notes, deferred payment
notes and budget notes which the town has authorized to be issued but
which in fact have not been issued on the date of such application;
(3) A statement of the aggregate assessed valuation of the real
property situated in the proposed district or extension thereof, as such
assessed valuations are shown on the last completed assessment roll of
the town prior to the date of such application;
(4) A statement of the average full valuation of the taxable real
property of the town. Such average full valuation shall be determined in
accordance with the provisions of the first paragraph of subdivision
seven-a of section 2.00 of the local finance law;
(5) A statement as to the manner in which it is proposed to finance
the cost of the improvement.
(b) Whenever such an application shall be filed in the office of the
department of audit and control, the state comptroller shall within five
days thereafter give notice thereof to the board of supervisors of the
county in which such proposed district or extension is located by filing
with the clerk of such board of supervisors one copy of such
application. At any time within fifteen days of the filing of the
application, the board of supervisors may file an objection, in writing,
in the office of the department of audit and control.
(c) Thereafter and subsequent to the filing in the office of the
county clerk and the department of audit and control of the certificate
required to be filed by the town clerk pursuant to subdivision four of
section two hundred nine-e of this article, the state comptroller shall
determine whether the public interest will be served by the
establishment or extension of the district and also whether the cost
thereof will be an undue burden upon the property of the proposed
district or extension. 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.
4. Upon the expiration of fifteen days from the date of the filing of
such application with the clerk of the board of supervisors, the
comptroller shall make an order, in duplicate, granting or denying
permission for the establishment or extension of the district 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 district or extension
is located. The town clerk shall present such order to the town board of
the town at the next meeting thereof. If the certificate required to be
filed by the town clerk pursuant to the provisions of subdivision four
of section two hundred nine-e of this article states that the
proposition submitted at such referendum was disapproved, the
comptroller shall return the application to the town clerk without
taking any action thereon.
5. If the state comptroller shall deny permission for the
establishment or extension of the district, the town board shall
forthwith adopt an order terminating its proceedings in connection with
the proposed establishment or extension of such district. If the state
comptroller shall grant permission therefor, the town board shall adopt
a final order establishing the district or extension as the boundaries
shall be finally determined.
Recording of determination; review by certiorari. 1. The town
clerk shall cause a certified copy of the final order of the town board
adopted pursuant to the provisions of this article, establishing or
extending any district, or increasing the maximum amount proposed to be
expended for the improvement in any district or extension thereof, or
determining to construct any improvement authorized by this article, 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 order or
determination by the town board, and when so recorded such determination
or order shall be presumptive evidence of the regularity of the
proceedings for the establishment or extension of such district, of the
proceedings instituted for the construction of such improvement and of
all other action taken by said town board in relation thereto.
Within ten days after the adoption of the final order by the town
board establishing or extending a district, the town clerk shall cause a
certified copy thereof to be filed in the office of the state department
of audit and control at Albany, New York.
2. Any interested person aggrieved by any final determination or order
made pursuant to the provisions of this article may review the same in
the manner provided by article seventy-eight of the civil practice law
and rules provided the proceeding is commenced within thirty days from
the date of the recording of the certified copy of the order or
determination in the office of the clerk of the county. The said
determination or order shall be final and conclusive unless a proceeding
to review is commenced within thirty days from the time of recording
thereof. No review shall be had unless the petitioner 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 said final determination or order he will pay to the town
board, all such costs and expenses as are incurred by it on account of
the said proceedings, as shall be determined by the court. In the event
that upon such review there shall be any modification by the court of
said final determination or order the court shall direct the
modification thereof by judgment which shall be final and conclusive and
such town board shall cause such judgment to be recorded and filed in
the same places and manner as was the determination or order appealed
from.
Increase of maximum amount to be expended. 1. At any time
after the establishment of an improvement district or of an extension
thereof pursuant to the provisions of this article or any other
applicable provision of law, the maximum amount proposed to be expended
for the improvement in such district, as stated in the notice of public
hearing on the establishment or extension of such district, may be
increased by an order of the town board provided that the town board
shall, after a public hearing is held in the manner prescribed by
section two hundred nine-d of this article, determine that it is in the
public interest to authorize the increase of such maximum amount, and
provided the comptroller of the state of New York shall have made as may
be required pursuant to subdivision one of section two hundred nine-f of
this article, after such public hearing, an order approving the increase
of such maximum amount as stated in the said notice of hearing. 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. The order of
the town board increasing the maximum amount to be expended shall be
subject to a permissive referendum in the manner provided in subdivision
three of section two hundred nine-e of this article. The comptroller may
not make an order approving the increase in such maximum amount until
after the expiration of the time for filing a petition requesting that
the matter be submitted to referendum or, if such a petition is filed,
unless the vote on the proposition submitted at referendum was
affirmative.
2. If the notice of public hearing for the establishment or extension
of the district proposes only the performance or supplying of certain
services, and states the maximum amount to be expended annually for such
services, the maximum amount to be expended annually may be increased by
an order of the town board provided the town board shall, after a public
hearing, determine that it is in the public interest to authorize the
increase of such maximum amount. The town board shall give notice of
such hearing by publication of a notice in at least one newspaper having
general circulation in the district specifying the time when and the
place where such hearing will be held and stating the increase proposed
in the maximum amount to be expended annually. Such notice shall be
published once at least ten days prior to the date specified for such
hearing. The approval of the state comptroller to such increase in the
maximum amount to be expended annually shall not be required.
Refuse and garbage improvement districts. The purpose of a
refuse and garbage improvement district created pursuant to this article
may include, after complying with the provisions of this article for the
establishment of such a district, the prevention or reduction of waste
matter consisting of carbon components of energy waste from residential
properties and the performance of energy audits and the purchase and
installation of energy efficiency improvements on such residential
properties. The term "energy efficiency improvement", as used in this
subdivision, shall mean a material improvement made to an existing
residential property that reduces energy consumption, including but not
limited to caulking, weatherstripping, air sealing, insulation, heating
and cooling systems upgrades, solar thermal systems and conservation
measures, in a cost-effective manner as determined by the town,
provided, however, that "energy efficiency improvement" does not include
a household appliance, such as a washing machine or refrigerator, that
is not permanently fixed to real property. The term "energy audit", as
used in this subdivision, shall mean a formal evaluation by a qualified
contractor, who shall be approved by the town board, of the energy
consumption of a residential property for the purpose of identifying
methods to improve energy efficiency and reduce energy waste.
ARTICLE 12-C Sewer or Water Improvements
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.
Water and sewer district tax payments in the town of Carmel,
Putnam county. Notwithstanding any other provision of law to the
contrary, the town of Carmel, in Putnam county may correct, by
resolution of the town, the omission of certain taxes due and owing by
the town of Carmel to the Carmel sewer district #2 and the Carmel water
district #2 from nineteen hundred ninety-five to two thousand, with
payment of such omitted taxes being made from the town's general fund,
and with corrected tax bills thereupon being issued pursuant to section
five hundred fifty-four of the real property tax law.
ARTICLE 13 Improvement District Commissioners
Application. This article shall apply to any improvement
district which shall have adopted a proposition therefor pursuant to
subdivision ten of section three hundred forty-one of this chapter.
District commissioners. In each such improvement district,
there shall be an annual election on the second Tuesday in the month of
December of each year. The terms of office of all district commissioners
elected or appointed prior to the time this chapter takes effect, shall
terminate on the thirty-first day of December, nineteen hundred
thirty-three. The first annual election shall be held on the fifth day
of December, nineteen hundred thirty-three and at such election the
qualified voters of the district shall elect one commissioner for a term
of one year, one commissioner for a term of two years and one
commissioner for a term of three years. At each annual election
thereafter one commissioner shall be elected for a term of three years
except as otherwise provided in section two hundred eleven-a of this
article. Every resident of the district who is qualified to vote for a
town officer, shall be eligible to hold the office of district
commissioner.
Special provisions applicable to the Fishers Island garbage
and refuse district. 1. Effective January first, nineteen hundred
ninety-nine, the number of district commissioners of the Fishers Island
garbage and refuse district shall be increased by two to a total of five
commissioners, consisting of the offices of three district commissioners
which already exist pursuant to section four of chapter three hundred
sixty-eight of the laws of nineteen hundred fifty-three and section two
hundred eleven of this article and two additional offices of district
commissioners. The original terms of office of the three district
commissioners whose offices already exist shall continue until the dates
they would otherwise next expire in the absence of this section.
2. At the annual district election in the year nineteen hundred
ninety-eight, conducted in the manner prescribed by section two hundred
twelve of this article, the three vacancies in the offices of district
commissioners which arise by reason of the creation of two additional
offices of district commissioners on January first, nineteen hundred
ninety-nine pursuant to subdivision one of this section and by reason of
the expiration of the term of office of the one district commissioner
whose term expires on December thirty-first, nineteen hundred
ninety-eight pursuant to section four of chapter three hundred
sixty-eight of the laws of nineteen hundred fifty-three (and as provided
in such section, pursuant to section two hundred eleven of this
article), shall be filled. At such election, the qualified voters of the
district shall elect one commissioner for a term of three years, one
commissioner for a term of four years and one commissioner for a term of
five years.
3. At each annual district election conducted subsequent to the year
nineteen hundred ninety-eight, the single vacancy arising each year by
reason of the expiration of the term of office of one of the five
district commissioners on December thirty-first of that year, shall be
filled by the election to such office for a term of five years of a
resident of the district who is qualified to vote for a town officer.
Annual election and notice thereof. The district commissioners
of such improvement district shall publish at the expense of the
district the notice of each election of improvement district
commissioners held pursuant to this article. Such notice shall be
published at least once in one or more newspapers having general
circulation in the district and the first publication thereof shall be
at least twenty days before the day of such election. The notice of
annual election shall specify the time when and the place or places
where such election shall be held and the hours during which the polls
will be open for the receipt of ballots. Notice of such election shall
also be posted on the websites of the district and the town in which the
district is located, if such websites are maintained, on the signboard
of the town, and conspicuously posted in three or more designated public
locations within the district, on or about the day on which such notice
is published. Such election shall be held at a suitable place or places
within the district designated by the district commissioners and the
polls shall remain open from six o'clock in the evening until nine
o'clock in the evening and such additional consecutive hours prior
thereto as the district commissioners may determine and specify in the
notice of such election. The board of commissioners of such district
shall designate for each district election not less than two nor more
than four resident taxpayers to act as election inspectors and ballot
clerks for each designated polling place. The board of commissioners
shall fix the compensation of such election inspectors and ballot clerks
in an amount not to exceed ten dollars per hour each for every hour or
part thereof of such service and such compensation shall be a charge
against the district. The board of commissioners shall cause to be
prepared the ballots for all elections, and may authorize the use of
voting machines at any annual or special election of the district in
accordance with article nine of the election law. After the polls shall
have been closed at any election, the election inspectors and ballot
clerks at each polling place shall immediately canvass the ballots cast
and shall publicly announce the result of the vote at that polling
place. Within twenty-four hours the chairman of the board of
commissioners, election inspectors and ballot clerks shall execute and
file a certificate of the result of the canvass with the board of
commissioners of the improvement district and with the clerk of the town
in which said district is located.
Election of commissioners of Bethpage water district and
Hicksville water district. Notwithstanding any provision of law to the
contrary, the annual election for commissioner of the Bethpage water
district and the annual election for commissioner of the Hicksville
water district of the towns of Oyster Bay and Hempstead in the county of
Nassau shall be conducted by the commissioner or commissioners of such
district in the manner prescribed by section two hundred twelve of this
article and shall be held on the second Tuesday in the month of December
of each year.
Qualification of voters. No person shall be entitled to vote
for improvement district commissioners unless he or she is a registered
voter who shall have resided in the improvement district for a period of
thirty days next preceding any election of commissioners.
Registration for voters and preparation of the voter
register. 1. The board of commissioners of any improvement district in
which commissioners are elected may provide by resolution that a
proposition be submitted at any annual improvement district election
providing that additional personal registration of voters not registered
with the board of elections shall be permitted for all elections in such
improvement district.
2. Registration for all improvement district elections shall be
conducted as follows:
(a) Only those persons registered with the board of elections on or
before the twenty-third day before such election and those persons whose
names are placed on the improvement district register pursuant to the
provisions of this section shall be entitled to vote in such district.
(b) In improvement districts in which there is additional personal
registration, the board of commissioners shall publish a resolution at
least twenty-seven days prior to election day, which shall designate the
dates prior to registration day on which the inspectors of election
shall meet to commence the preparation of the register; the place in
each district where such meetings, registration, if any, and election
shall be held; the hours for such meetings, registration, if any, and
election; but in no event shall the hours for registration be less than
the hours from six o'clock in the evening until nine o'clock in the
evening. Such resolution shall be adopted at least thirty days prior to
election day.
(c) In an improvement district whose electors have approved additional
personal registration, such registration shall be held on the
seventeenth day prior to the annual district election, except in those
districts which provide by resolution adopted at least thirty-seven days
prior to the date of the first election for which it shall be effective,
for an additional day of registration to be held on the nineteenth day
prior to the annual district election. Such resolution shall remain in
effect for subsequent annual elections, unless amended, modified or
repealed.
3. The register for the annual improvement district election shall be
prepared in each district by the inspectors of election thereof on the
days prior to registration day, if any, designated therefor, on the
registration day, if any, at the times and places designated by the
resolution of the board of commissioners. In preparing such register,
the inspectors of election shall comply with the following procedure:
(a) They shall adopt, use or copy from, the registration list
certified and supplied by the county board of elections the names
appearing thereon of all persons residing in the improvement district
and qualified to vote in such forthcoming annual district election. Such
register shall be completed by adding thereto the names of the persons
personally appearing before them and providing to their satisfaction to
then be or at the time of election qualified to vote.
(b) The register for each district shall include as a minimum the
space for the name of the voter, his address within the improvement
district and a space for his or her signature to be signed by the voter
on election day. Such register shall also contain a space for the
signature of the voter to be signed by such voter on registration day.
If the register shall contain only space for the name, address and
signature of the voter, the improvement district secretary shall furnish
a printed certificate to be signed by the voter who appears personally
before the inspectors of election on registration day if his name does
not already appear on the register. Such certificate shall contain a
statement that the person possesses all the necessary qualifications for
voting in improvement district elections. Such certificate shall be
accepted for all purposes as the equivalent of an affidavit, and if it
contains a material false statement, shall subject the person signing it
to the same penalty as if he had been duly sworn, and such provision
shall be printed in bold type directly above the signature line of the
certificate holder.
4. The improvement district secretary shall furnish the inspectors of
election, at district expense, with all necessary registration books,
papers, equipment and supplies.
5. In lieu of the provisions for designating the election inspectors
and ballot clerks, as set forth in section two hundred twelve of this
chapter, in improvement districts where additional personal registration
is permitted, the board of commissioners shall, by resolution adopted at
least forty days prior to the annual district election, designate a
resident improvement district elector to act as chairman of any election
of said district and shall designate not less than two nor more than
four resident district electors to act as election inspectors and ballot
clerks in such election. Such resolution shall fix the compensation of
the chairman and inspectors and, in addition, the board of commissioners
may provide for alternate inspectors who shall assume the office of
inspector upon the inability or refusal of an inspector to assume or
perform his duties and for any clerical help which they may deem
necessary. Such clerical help shall perform their duties under the
direction and control of the chairman and inspectors of election.
Absentee ballots for improvement district elections; special
provisions. 1. The board of commissioners of any improvement district in
which commissioners are elected, may, by resolution, provide for
absentee ballots for the election of the commission, in accordance with
the provisions of this section. Such resolution shall take effect at
the first such election held more than sixty days after its adoption and
shall continue in effect for all such elections until a subsequent
resolution providing otherwise shall, in like manner, have taken effect.
2. a. An applicant for such an absentee ballot shall submit an
application setting forth (1) his name and residence address, including
the street and number, if any, or town and rural delivery route, if any;
(2) that he is or will be, on the day of the election, a qualified voter
of the district in which he resides in that he is or will be, on such
date, over eighteen years of age, a citizen of the United States and has
or will have resided in the district for thirty days next preceding such
date; (3) that he is registered in the town; (4) that he will be unable
to appear to vote in person on the day of the election for which the
absentee ballot is requested because he is, or will be on such day (a) a
patient in a hospital, or unable to appear personally at the polling
place on such day because of illness or physical disability or (b)
because his duties, occupation or business will require him to be
outside of the county or city of his residence on such day, (c) because
he will be on vacation outside the county or city of his residence on
such day; or, (d) absent from his voting residence because he is
detained in jail awaiting action by a grand jury or awaiting trial or is
confined in prison after conviction for an offense other than a felony.
Such application must be received by the district secretary at least
seven days before the election if the ballot is to be mailed to the
voter, or the day before the election, if the ballot is to be delivered
personally to the voter or his agent.
b. (1) Where such duties, occupation or business are of such a
nature as ordinarily to require such absence, a brief description of
such duties, occupation or business shall be set forth in such
affidavit. (2) Where such duties, occupation or business are not of
such a nature as ordinarily to require such absence, such application
shall contain a statement of the special circumstances on account of
which such absence is required.
c. Where the applicant expects in good faith to be absent on the day
of the election because he will be on vacation elsewhere on such day,
such application shall also contain the dates upon which he expects to
begin and end such vacation, the place or places where he expects to be
on such vacation, the name and address of his employer, if any, and if
self-employed, a statement to that effect.
d. Where the absence is because of detention or confinement to jail,
such affidavit shall state whether the voter is detained awaiting action
of the grand jury or is confined after conviction for an offense other
than a felony.
e. Where a person is or would be, if he were a qualified voter,
entitled to apply for the right to vote by absentee ballot under the
provisions of this section, his spouse, parent or child, if a qualified
voter and a resident of the same district, shall be entitled to vote as
an absentee voter upon personally making and signing an application in
accordance with the preceding provisions of this subdivision and showing
that he expects to be absent from the district on the day of the
district election by reason of accompanying or being with the spouse,
child or parent who is or would be, if he were a qualified voter, so
entitled to apply for the right to vote by absentee ballot, and, in the
event no application is made by such spouse, child or parent, such
further information as the improvement district shall require.
f. Such application shall include the following statement to be signed
by the voter.
I hereby declare that the foregoing is a true statement to the best of
my knowledge and belief, and I understand that if I make any material
false statement in the foregoing statement of application for absentee
ballots, I shall be guilty of a misdemeanor.
Date ................... Signature of Voter .......................
g. An applicant whose ability to appear personally at the polling
place of the district of which he is a qualified voter is substantially
impaired by reason of permanent illness or physical disability and whose
registration record has been marked "permanently disabled" by the board
of elections pursuant to the provisions of the election law shall be
entitled to receive an absentee ballot pursuant to the provisions of
this section without making separate application for such absentee
ballot, and the secretary of the improvement district, upon being
advised by the board of elections on or with the list of registered
voters that the registration record of a voter is marked "permanently
disabled", shall send an absentee ballot to such voter at his last known
address by first class mail with a request to the postal authorities not
to forward same but to return same in five days in the event that it
cannot be delivered to the addressee. The board of inspectors of the
improvement district shall make an appropriate entry on the registration
record indicating the fact that an absentee ballot has been sent and the
date of mailing.
3. If, upon examining the application required under the provisions
of subdivision two of this section, and upon such inquiry as it deems
proper, the board of inspectors of the improvement district shall be
satisfied that the applicant is a qualified voter of the district, and
entitled to vote by absentee ballot, such board of inspectors shall
place his name upon a list, thereupon the applicant shall be issued or
mailed an absentee voter's ballot and the secretary of the board of
inspectors of the improvement district shall make an appropriate entry
on the list indicating that an absentee ballot has been applied for by,
and issued to, the applicant.
4. Ballots for absentee voters shall be, as nearly as practicable, in
the same form as those to be voted at the district election; if the vote
at such election shall be by ballot, the absentee ballot shall conform
to that part of the regular ballot which relates to the election of
district members; if the vote of such election shall be by voting
machine, the absentee ballot shall conform as closely as possible to the
manner in which the names of the candidates appear on the voting
machines, except that the absentee ballot shall also contain a space for
a write-in or write-ins. On the back of such absentee ballots shall be
printed the words "Official Ballot, Absentee Voter," followed by the
words "For Members of the board of commissioners of Improvement
district."
5. a. The board of registration shall enclose each absentee voter's
ballot in an envelope which shall be labelled:
ELECTION MATERIAL
PLEASE EXPEDITE
On one side of such envelope shall be printed:
OFFICIAL BALLOT, ABSENTEE VOTER
for
Election of Members
at
Improvement District Election
Name of Voter ..........................................................
Residence (street and number, if any) ..................................
City (or Town) of ......................................................
County of ..............................................................
Improvement district ...................................................
The date of the election and name of the district shall be printed,
and the name of the voter, residence and district shall be written in by
the improvement district.
b. On the reverse side of such envelope shall be printed the
following statement:
STATEMENT OF ABSENTEE VOTER
I do declare that I will have been a citizen of the United States for
thirty days, and will be at least eighteen years of age, on the date of
the district election; that I will have been a resident of this state
and of the district if any, shown on the reverse side of this envelope
for thirty days next preceding the said election and that I am or on
such date will be, a registered voter of said district; that I will be
unable to appear personally on the day of said district election at the
polling place of the said district in which I am or will be a qualified
voter because of the reason stated on my application heretofore
submitted; that I have not qualified, or do I intend to vote, elsewhere
than as set forth on the reverse side of this envelope; that I have not
received or offered, do not expect to receive, have not paid, offered or
promised to pay, contributed, offered or promised to contribute to
another to be paid or used, any money or other valuable thing, as a
compensation or reward for the giving or withholding of a vote at this
district election, and have not made any promise to influence the giving
or withholding of any such votes; that I have not made or become
directly or indirectly interested in any bet or wager depending upon the
result of this district election; and that I have not been convicted of
bribery or any infamous crime, or, if so convicted, that I have been
pardoned or restored to all the rights of a citizen, without restriction
as to the right of suffrage, or received a certificate of relief from
disabilities or a certificate of good conduct pursuant to article
twenty-three of the correction law removing my disability to register
and vote.
I hereby declare that the foregoing is a true statement to the best of
my knowledge and belief, and I understand that if I make any material
false statement in the foregoing statement of absentee voter, I shall be
guilty of a misdemeanor.
Date............. Signature of Voter ..............................
c. The envelope shall be gummed, ready for sealing, and shall have
printed thereon, on the side opposite the statement, instructions as to
the duties of the voter after the marking of the ballot, which
instructions shall include a specific direction stating that the
envelope must reach the office of the district not later than five P.M.
on the day of the election in order that his vote may be canvassed.
d. A person who shall make any material false statement in the
statement of absentee voter appearing on the reverse side of the
envelope as provided in this subdivision, shall be guilty of a
misdemeanor.
6. a. The secretary of the improvement district shall make a list of
all persons to whom absentee voter's ballots shall have been issued and
keep such list on file in the improvement office where it shall be
available for public inspection during regular office hours until the
day of the election. Any qualified voter may, upon examination of such
list, file a written challenge of the qualifications as a voter of any
person whose name appears on such list, stating the reasons for such
challenge. Such written challenge shall be transmitted by the secretary
to the inspectors of election on election day.
b. Such list shall also be posted in a conspicuous place or places
during the election, and any qualified voter may challenge the
acceptance of the absentee voter's ballot of any person on such list, by
making his challenge and the reasons therefor known to the inspectors of
election before the close of the polls.
7. a. The secretary of the improvement district shall be authorized
to call upon the commissioner of police and the officers and members of
the police force for such assistance in the enforcement of the
provisions of this section as such board shall require, and such
commissioner and officers and members of the police force shall be
authorized to render such assistance.
b. The board of inspectors of the improvement district may require
any person to attend before it at the office of the secretary of the
district and be examined as to any matter in relation to which such
district is charged with a duty under this section, and may issue a
subpoena therefor. Each member of such board of inspectors district
shall be authorized to administer any oath that may be required or
authorized by law in this connection.
8. No absentee voter's ballot shall be canvassed, unless it shall
have been received in the office of the secretary of the district not
later than five P.M. on the day of the election.
9. The secretary of the district shall, on the day of the election,
transmit all absentee voters' envelopes, received by him in accordance
with subdivision eight of this section, to the inspectors of election.
10. If, at the district election, any absentee voters' envelopes
shall have been received at the polling place, the inspectors of
election immediately after the closing of the polls shall examine them,
and shall compare the signature, if any, on each envelope with the
signature, if any, on the register, of the person of the same name who
registered from the same address. If the signatures are found to
correspond, the inspectors shall certify thereto by signing their
initials opposite the name of the voter at the appropriate place in the
register. If a person whose name is on an envelope as a voter, shall
have already voted in person at such district election, or if his name,
residence and signature, as stated on the envelope, are not on the
register, or if there is no signature on the envelope, this envelope
shall be laid aside unopened and be returned unopened to the secretary
of the district. If such person is found to be registered and has not
so voted in person, and if no objection is made, or if an objection made
be not sustained, the envelope shall be opened and the ballot withdrawn
without unfolding and deposited in the proper box or boxes. At the time
of the deposit of such ballot, the inspectors shall enter the words
"absentee vote" at an appropriate place in the register.
11. During such examination any qualified voter present in the
polling place may object to the voting of the ballot contained in any
envelope upon the ground or grounds (a) that the person named thereon is
not a qualified voter of the district, or (b) that he was within the
county or city while the polls of the election were open, except where
the applicant is a patient in a hospital located within the county or
city or detained or confined in a jail located within the county or city
and except where the ballot was obtained upon the ground of inability to
appear personally at the polling place on the day of the school district
election because of illness or physical disability, or (c) that he was
able to appear personally while the polls were open, in cases where the
ballot was obtained upon the ground that the voter was a patient in a
hospital located within the county or city or detained or confined in a
jail located within the county or city or upon the ground of inability
to appear personally at the polling place on the day of the election
because of illness or physical disability, or (d) that he was not
entitled to cast such ballot. An inspector shall make such an objection
if he shall know or suspect that the person named on such envelope is
not such a qualified voter or was so within the district or was able so
to appear personally, or was not entitled to cast such ballot. The
election inspectors shall forthwith proceed to determine each objection
including any written challenge transmitted to them by the district
secretary as provided in subdivision six of this section. Unless the
inspectors, by majority vote, shall sustain the objection, the chairman,
or if he refuses, another inspector shall endorse upon the envelope the
objection and the words "not sustained," shall sign such endorsement,
and shall open the envelope and deposit the ballot as provided in this
section. Should the inspectors, by majority vote, sustain such
objection, the objection and word "sustained" shall be similarly
endorsed upon the envelope, the envelope shall not be opened nor the
ballots therein canvassed, and such envelope shall be returned unopened
to the secretary of the district. If the inspectors of election shall
have received an envelope endorsed with the name of a person who to the
knowledge of the inspectors is deceased on the day of the election, the
inspectors shall return such envelope unopened to the secretary of the
district with the words "deceased--objection sustained" endorsed on the
envelope.
12. If the inspectors of election shall have received an envelope, and
upon opening the same no ballot shall be found therein, the inspectors
shall make a memorandum showing that the ballot is missing. When the
casting of absentee voters' ballots shall have been completed, the
inspectors shall ascertain the number of such ballots which have been
deposited in the ballot box by deducting from the number of envelopes
opened the number of missing ballots, and shall make a separate return
thereof in duplicate. The number of absentee voters' ballots deposited
in the ballot box shall be added to the number of other ballots
deposited in the ballot box in order to determine the number of all
ballots to be accounted for in the ballot box. Such ballots shall then
be counted or canvassed by the inspectors of election along with the
other ballots cast at such district election, or, where voting machines
are used, shall be added to the votes recorded on such machines.
13. The provisions of this section shall apply to absentee ballots at
improvement district elections, notwithstanding any other provision of
law. The provisions of any other law as they relate to improvement
district elections not inconsistent herewith shall apply to the conduct
of such elections.
Oaths, undertakings and compensation of commissioners. Each
commissioner, before entering upon the duties of his office, shall take
the constitutional oath of office and execute to the town and file with
the town clerk an official undertaking in such sum and with such
sureties as the town board may direct. The town board at any time may
require any such commissioners to file a new official undertaking for
such sum and with such sureties as the board shall approve. Such
commissioners may be paid such an amount as the town board may
designate, but not to exceed the sum of one hundred dollars per day each
for each day actually and necessarily spent in the service of the
district. Such compensation shall be deemed an expense of maintaining
the district.
Powers and duties of improvement district commissioners.
Subject to law and the provisions of this chapter, the commissioners of
every improvement district shall constitute and be known as the board of
commissioners of such improvement district. Such board of commissioners
1. Shall elect one of their members as chairman and another as
secretary of the board of commissioners at the first meeting thereof
following each annual election of district commissioners, or the board
of commissioners may designate the town clerk of such town as secretary
of the board of commissioners and when so designated the town clerk
shall act as secretary thereof without additional compensation. Every
board of commissioners shall file and maintain in the office of the town
clerk a complete and accurate record of all proceedings of such board
including certified copies of the minutes of each meeting within ten
days after each such meeting.
1-a. May, when specifically authorized by the town board and subject
to such restrictions as the town board may impose not inconsistent with
law, designate one of their members as treasurer and disbursing officer
for such district in place of the supervisor, and when a commissioner
has been so designated, the supervisor, and the receiver of taxes and
assessments or town tax collector shall pay over to the treasurer of the
district all taxes, assessments or water rates or rentals assessed,
levied or collected for district purposes or services rendered by such
district, and all proceeds of obligations issued for district
improvements. The proceeds of obligations issued for district
improvements shall be deposited, secured and used pursuant to the manner
prescribed by section 165.00 of the local finance law. The treasurer
shall, within ten days, deposit and secure all other moneys in the
manner provided by section ten of the general municipal law. The board
of commissioners shall require the treasurer so designated, before
entering upon the duties of his office, to give an official undertaking,
conditioned for the faithful performance of his duties and that he will
well and truly keep, pay over and account for all moneys and property
belonging to the district and coming into his hands as treasurer, in
such form, in such sum and with such sureties as the board of
commissioners shall direct and approve, and such approval shall be
indicated upon such undertaking; and when approved, such undertaking
shall be filed in the office of the town clerk. The board of
commissioners may determine by resolution that such undertaking shall be
executed by a surety company authorized to transact business in the
state of New York, and the expense thereof shall be a charge on the
district.
1-b. Shall audit all claims against the district and shall order the
payment thereof by the district treasurer or the town supervisor, as the
case may be, in the amounts allowed. Except as otherwise provided by
this subdivision, no such claim shall be audited or ordered paid by the
board of commissioners unless an itemized voucher therefor, verified by
or on behalf of the claimant, in such form as the board of commissioners
shall prescribe, shall have been presented to the board of commissioners
for audit and allowance. The board of commissioners may, however,
provide by resolution, that any such claim may be presented, audited and
paid if it shall have been certified to be true and correct in a
statement signed by or on behalf of the claimant upon a form prescribed
by the board of commissioners. The provisions of this subdivision shall
not be applicable to claims for the payment of fixed salaries of
officers or employees, the principal of or interest on obligations
issued for purposes of the district, fixed amounts becoming due on
lawful contracts for periods exceeding one year, and amounts which the
district may be required to pay to the state employees' retirement
system on account of contributions for past and current services of
officers and employees.
1-c. Notwithstanding the provisions of subdivision one-b of this
section, may by resolution establish a petty cash fund for the
improvement district treasurer for the payment, in advance of audit, of
properly itemized and verified or certified bills for materials,
supplies or services furnished to the improvement district for the
conduct of its affairs and upon terms calling for payment to the vendor
upon the delivery of any such materials or supplies or the rendering of
any such services. The amount of such petty cash fund shall not exceed
two hundred fifty dollars. At the time of any payment from such fund,
the treasurer shall require delivery to him of a bill in form sufficient
for audit by the board of commissioners of such improvement district as
required by law. At each meeting of the board of commissioners a list of
all expenditures made from such funds since the last meeting of the
board, together with the bill supporting such expenditures, shall be
presented by the treasurer to the board of commissioners for audit. The
board of commissioners of such improvement district shall direct the
treasurer to reimburse such petty cash fund from the appropriate
budgetary item or items, in an amount equal to the total of such bills
which it shall so audit and allow. Any of such bills or any portion of
such bills which the board of commissioners shall refuse to audit and
allow shall be the personal liability of the treasurer and he shall
promptly reimburse such petty cash fund in the amount of such
disallowances. If such reimbursement has not been made by the time of
the first payment of salary to the treasurer after the action of the
board of commissioners in disallowing an amount so expended, such amount
shall be withheld from such salary payment to the treasurer and, if
necessary, subsequent salary payments and paid into such petty cash fund
until an amount equal to the amount so disallowed in the audit of the
board of commissioners has been repaid to the petty cash fund. Any bond
or undertaking filed by the treasurer shall be available to the
improvement district for recovery of any losses incurred by reason of
the operation of such petty cash funds.
2. Shall cause a map to be prepared showing the exact boundaries of
the district and file a certified copy thereof in the office of the town
clerk.
3. Shall give notice of annual elections in the manner provided in
this article.
4. Subject to the provisions of this article, shall have the
management and control of the property of the district and may insure
the same against loss or damage from any risk whatsoever.
5. Subject to the provisions of this article, may acquire by purchase,
lease, gift, devise or by condemnation, real property for any of the
purposes authorized by law. All real property required for any district
purpose, shall be deemed to be required for public use and may be
acquired by such district.
6. May sue and be sued as the board of commissioners of the district
for the breach of any contract entered into by them, pursuant to this
article. Any sum of money recovered by them in such an action shall be
paid over to the town treasury and be credited to the improvement
district. In the event of the entry of any judgment against such board
of commissioners such board shall notify the town board as to the amount
of such judgment, interest and costs, and the town board shall forthwith
satisfy and pay such judgment, interest and costs, and the amount so
paid in satisfaction of any such judgment, interest and costs shall be a
charge against such improvement district and as such levied against the
taxable property therein, or the amount of any such judgment, including
interest and costs may be financed pursuant to the local finance law in
which event amounts necessary to provide for the annual payments of
principal of and interest on any obligations issued by the town for such
purpose shall be a charge against such improvement district and as such
levied against the taxable property therein.
8. Shall have the power, with the approval of the majority of the town
board, and, if a public hearing thereon is required by paragraph (a) of
subdivision twelve of section one hundred ninety-eight of this chapter,
after such hearing, and within the limits authorized by such paragraph,
to sell or lease any real or personal property owned by, but not
required for the purposes of, the district. The receipts from such sale
or lease shall be paid to the supervisor of the town and credited to the
district and may be expended for any district purpose permitted by law,
as the board of commissioners may direct.
9. Shall, on or before the fifteenth day of January, of each and every
year, file with the town clerk and post on the website of the district,
provided such website is maintained, a report for the preceding year
ending the thirty-first day of December, containing a statement of the
following facts:
a. The amount of money on hand at the beginning of the year, and the
receipts from all sources during such year.
b. An itemized statement of the amount paid out during such year, and
the balance on hand.
c. The outstanding indebtedness of the district, either bonded or
otherwise, separately stated.
d. The estimated deficiency in the amount necessary to pay principal
or interest or the expenses of the district during the next year, after
applying thereto the probable amount of income.
e. The improvements and extensions made during such preceding year in
the district.
f. Such other facts as the board deems important for the information
of the district, together with such recommendations concerning such
district as may be deemed proper. Upon receipt of the filing of the
report, the town clerk shall cause a copy of the report to be posted on
the website of the town, if such website is maintained.
9-a. Shall annually prepare an estimate of proposed expenditures for
and revenues of such district for the year beginning with the next
succeeding January first. Such estimate shall specify by item all
proposed expenditures for general purposes, including expert and
professional services, and for debt service. Such estimate may contain
for contingent purposes, an amount not to exceed ten per centum of the
amount estimated as necessary to meet the expense of maintaining the
improvement exclusive of the amount necessary to pay debt service and
judgments. The board of commissioners shall conduct a public hearing on
such estimate on the first Thursday following the first Tuesday of
September, for the calendar year two thousand thirteen on the second
Thursday following the first Tuesday of September or, in Westchester and
Monroe counties, the first Thursday following the first Tuesday of
October. Notice of such hearing shall be published at least once in the
official newspaper of the town wherein such district is located, or if
no official newspaper has been designated by the town, in any newspaper
having general circulation in the district. The notice may be published
in such other newspapers as the board of commissioners may direct. The
notice of hearing shall be published not more than twenty nor less than
five days prior to the day specified for the hearing. The notice of
hearing shall state the time when and the place where the public hearing
will be held, the purpose thereof, and that a copy of the estimate of
proposed expenditures for and revenues of such district for the year
beginning with the succeeding first day of January is available for
public inspection at specified times and at a specified public place.
After the public hearing, the board of commissioners of an improvement
district may change, alter and revise such estimate prior to filing with
the budget officer. Notice of such public hearing shall also be posted
on the websites of the district and the town in which the district is
located, provided such websites are maintained, on the signboard of the
town and conspicuously posted in three or more designated public
locations within the district, on or about the day on which such notice
is published.
10. Shall, after the public hearing conducted as prescribed in
subdivision nine-a of this section, annually file with the budget
officer at the time specified in sections one hundred four and two
hundred two-a of this chapter and post on the website of the district,
if such website is maintained, the estimate of proposed expenditures for
and revenues of such district for the year beginning with the succeeding
first day of January. Upon receipt of the filing of the estimate, the
budget officer shall cause a copy of such estimate to be posted on the
website of the town, if such website is maintained. In any town, the
town board may reduce any item specified in such estimate, but may not
reduce any item relating to estimated revenues and debt service unless
the majority of the commissioners of an improvement district request
such reduction in writing.
11. May award contracts in the same manner and upon the same notice as
provided for the award of contracts by the town board in article twelve,
provided, however, that the board of commissioners shall not incur any
indebtedness or contract any obligation in excess of the amount provided
for in the annual estimate and for which a tax or assessment has been
previously levied upon the district, except pursuant to petition as
hereinafter provided or except from funds made available pursuant to the
local finance law.
12. Shall adopt a resolution prescribing how water connections shall
be made and shall make and establish from time to time, water rates to
be paid by consumers and may provide for the payment of such water
charges in advance. The board of commissioners may provide that a
discount shall be allowed for the prompt payment of water rates within
the time required by such board for the payment thereof. Such water
charges shall be a lien upon the real property upon which or in
connection with which said water was used. The board of commissioners
may provide that unpaid water rates which are in arrears for thirty days
or longer shall be subject to a penalty not exceeding ten per centum of
the amount due and may further provide for cutting off the supply of
water if such water charges are not paid within sixty days from the date
due, in a water district. At the same time as the filing of the
estimates specified in section one hundred four of this chapter, or in
case the town board shall elect by resolution a subsequent date, which
in no event shall be later than November first in any year, the water
commissioners shall annually file with the town board, and with the
supervisors of adjoining towns in which permits have been issued to
property owners, statements showing the unpaid water charges in the
respective districts and towns and which have not appeared on any such
statements previously filed.
13. Shall adopt a resolution or ordinance prescribing how sewer
connections shall be made, in a sewer district.
14. Shall adopt a resolution or ordinance prescribing how storm sewer
connections shall be made, in a drainage district.
15. Shall have all the powers provided in section two hundred one of
this chapter to require the installation of sewer connections, in a
sewer or drainage district and water connections, in a water district.
All notices therein required shall be given by the board of
commissioners and the cost or expense of the improvement shall be
certified to the town board and assessed by it.
16. Shall have all the powers of the town board, pursuant to
subdivision four of section one hundred ninety-eight, in a park
district.
17. Shall have all the powers of the town board, pursuant to
subdivision seven of section one hundred ninety-eight, in a refuse and
garbage district.
18. Shall have all the powers of the town board, pursuant to
subdivision eight of section one hundred ninety-eight, in a public dock
district.
19. Except as otherwise provided by this article, shall have and
exercise any power conferred upon the town board of the town in such a
district, pursuant to provisions of article twelve and of sections two
hundred thirty-seven, two hundred thirty-eight and two hundred
thirty-nine of article fifteen, when delegated to it by the town board.
20. May provide by resolution that candidates for district offices
shall file their names with the secretary of the board of commissioners
at least thirty days prior to the date of the district elections, and,
in addition, require that such nominations be submitted in petition form
subscribed by twenty-five registered voters of the district. Thereafter,
the ballots for the election of district officers shall specify the
names of the candidates duly filed and, in addition, provide proper
blank spaces for each office to be filled at such election. If any such
resolution shall be adopted, the requirements thereof shall be specified
in the notice of each district election held thereafter. The board of
commissioners may rescind such resolution at any time and thereafter
district officers shall be elected as otherwise provided herein.
21. Whenever a vacancy shall occur or exist in any elective district
office, the town board of the town in which such district is located
shall appoint a qualified person to fill the vacancy and the person so
appointed shall hold office until the thirty-first day of December next
succeeding the first annual district election held at least sixty days
after such vacancy shall occur or exist, provided, however, that if a
vacancy so occurs or exists in any elective district office, the term of
which would expire on the thirty-first day of December next succeeding,
the person so appointed shall hold office only until such thirty-first
day of December; and at the first annual district election held at least
sixty days after such vacancy shall occur and exist, a successor shall
be elected for the unexpired portion of the term beginning on the first
day of January next succeeding. Whenever a vacancy shall occur or exist
in any other district office, the board of commissioners of such
district may appoint a qualified person to fill the vacancy who shall
hold office for the remainder of the unexpired term.
22. May regularly employ an attorney or an engineer for professional
services and advice, or may employ from time to time and whenever
necessary an attorney or engineer or counsel or expert engineering
service in relation to a specific subject matter, improvement,
proceedings or litigation, provided however, that no such attorney,
engineer, counsel or engineering service shall be employed unless and
until the town board of the town in which such district is located shall
adopt a resolution authorizing such employment. With the consent of the
town board, the town attorney or the town engineer may perform
professional services for the district and receive such compensation
therefor as may be agreed upon between the commissioners and such town
attorney or town engineer.
23. May purchase uniforms and protective apparel for employees of the
district.
Postings on website of district. In addition to any public
notice or publication requirements of any other general, special or
local law, all public notices of the district, including, but not
limited to, notices of public meetings and hearings, whether pursuant to
this chapter or any other general, special or local law, shall be posted
in a timely manner on the websites of the district and the town in which
the district is located, if such websites are maintained. Copies of any
reports of examination of the district performed by the state
comptroller and reports of any external audit of district operations or
any management letter prepared in conjunction with such external audit
report, annual financial reports made pursuant to section thirty of the
general municipal law, when a separate report on district finances is
prepared pursuant to such section, and any other annual reports on
district finances shall be posted in a timely manner on the websites of
the district and the town in which the district is located, if such
websites are maintained.
Powers of town board. Every petition for any purpose required
by article twelve of this chapter to be initiated by petition shall be
presented to the town board but no such petition for any such purpose
within a district to which this article shall apply, shall be acted upon
by the town board unless such petition and the purposes thereof shall
have been approved in writing by a majority of the commissioners of such
district. The town board shall call a hearing upon all petitions so
approved by the commissioners and give notice thereof and such hearing
shall be held in the manner provided in article twelve of this chapter.
The town board shall call a hearing upon other purposes authorized by
article twelve of this chapter to be undertaken without petition, only
after such purposes shall have been approved in writing by a majority of
the commissioners of such district, and the town board shall give notice
thereof and such hearing shall be held in the manner provided in article
twelve of this chapter. If the town board shall determine to grant the
petition or to authorize any such purpose, it may delegate to the board
of commissioners the conduct of all further proceedings thereon pursuant
to article twelve. Nothing herein contained shall be construed to
delegate or transfer any power of the town board not contained in
article twelve or in sections two hundred thirty-seven, two hundred
thirty-eight and two hundred thirty-nine of article fifteen of this
chapter.
ARTICLE 14 General Improvements
General town improvements. Upon the adoption of a resolution
therefor, subject to a permissive referendum, the town board may:
1. Erect a monument or monuments within the town in commemoration of
any person or event.
2. Purchase, lease, construct, alter or remodel a town hall, a town
lockup or any other necessary building for town purposes, acquire
necessary lands therefor, and equip and furnish such buildings for such
purposes, or to demolish or remove any town building.
3. Establish airports, landing fields, public parking places, public
parks or playgrounds, acquire the necessary lands therefor, and equip
the same with suitable buildings, structures and apparatus.
4. Establish one or more public dumps or dumping grounds within or
without such town, and acquire the necessary land therefor. No such land
shall be acquired within the corporate limits of any city, village or
other town for such purchase without the consent of the governing body
of the city, village or town in which such land is situated.
Any expenditure approved pursuant to this section shall be paid for by
taxes levied for the fiscal year in which such expenditure is to be
made. However, nothing contained in this section shall be construed to
prevent the financing in whole or in part, pursuant to the local finance
law, of any expenditure enumerated in this section which is not
authorized pursuant to this section. Any expenditure financed in whole
from moneys appropriated from surplus funds shall not be subject to
referendum.
Solid waste management facilities. 1. Upon the adoption of a
resolution therefor, subject to a permissive referendum, in a town of
the first class, or, upon the adoption of a proposition therefor at a
town election, in a town of the second class, the town board may provide
for the collection, separation, treatment, processing and disposal of
solid waste, as defined in section 27-0701 of the environmental
conservation law, and for that purpose may construct, operate and
maintain solid waste management facilities, as defined in section
27-0701 of the environmental conservation law, acquire the necessary
lands therefor, and purchase, operate and maintain all necessary
appliances appurtenant thereto, including such vehicles as may be
required for such collection, separation, treatment, processing and
disposition. Such town board may also employ such employees as may be
necessary for the maintenance and operation of such facility or
facilities or appurtenant equipment and fix their compensation.
2. In a town which acquires such a facility or facilities, the town
board may contract with any municipality or special district for the
collection, separation, treatment, processing or disposal, by the town
of the solid waste from any other municipality or special district. The
town board may also contract with any corporation, partnership or
individual for the disposal by the town of solid waste accumulated or
collected by such corporation, partnership or individual. The contract
price therefor shall be such sum as shall be fixed by the town board and
the term of such a contract shall be for a period not longer than five
years for a contract involving collection and disposal by means other
than resource recovery, and not longer than twenty-five years for a
contract involving collection and disposal through resource recovery, in
either case subject to renewal from time to time upon such terms as the
town board may determine.
3. Any expenditure approved pursuant to this section shall be paid for
by taxes levied for the fiscal year in which such expenditure is to be
made. However, nothing contained in this section shall be construed to
prevent the financing in whole or in part, pursuant to the local finance
law, of any expenditure enumerated in this section which is not
authorized pursuant to this section.
Town buildings. Whenever the town board, pursuant to the
provisions of this chapter, shall determine to erect, construct, alter
or remodel any building, said town board shall cause detailed plans,
specifications and estimates for such building or buildings to be
prepared. After such detailed plans, specifications and estimates shall
have been finally adopted and approved, said board shall award contracts
for the performance of the work to the lowest responsible bidder after
advertisement for bids where so required by section one hundred three of
the general municipal law.
Expense of improvement. The expense of any public improvement
made under authority of this article, shall include the amount of all
contracts, the costs of all lands and interests therein necessarily
acquired, printing, publishing, interest on loans, legal and engineering
services and all other expenses incurred or occasioned by reason of the
improvement or project. In no event shall any contract be awarded or
obligation incurred in excess of the amount specified in the resolution
of the town board or in the proposition adopted at the town election.
ARTICLE 15 Financing of Public Improvements
Permanent financing of district and special improvements. 1.
When the cost of any improvement is to be borne by special assessment to
be assessed and paid as provided in this subdivision, such improvement
shall be temporarily financed pursuant to the local finance law until
after the confirmation of the assessment. When such assessments shall
have been confirmed, a period of thirty days shall be given from the
date of confirmation in which such assessments may be paid in whole or
in part, provided a part payment so made shall equal ten per centum, or
a multiple thereof, of the amount payable and the obligation or
appropriate portion thereof cancelled. Upon the expiration of such
period, obligations shall be issued pursuant to the local finance law
for the total cost thereof, deducting the amounts of the assessments or
parts thereof so paid within such period.
Upon ascertainment of the amount of the cost to be assessed by special
assessment the town board shall prescribe that such assessments may be
so paid at the option of the payer in whole or in part, without penalty
or interest, and the unpaid amounts, if any, to be paid in annual
installments, with interest thereon.
If bond anticipation notes are issued, all collections from
assessments so paid in whole or in part shall be applied at once in
reduction of such notes.
Annual collections of assessments payable in installments shall be
applied in payment of maturing obligations and accruing interest. If the
total amount of assessments payable in installments collected in any
year shall be less than the amount required to pay maturing bonds and
accruing interest, the town board may direct that surplus moneys, not
otherwise appropriated, be applied.
Any surplus accruing from the sale of obligations, whether from
premiums or otherwise, shall be applied to the reduction of the debt so
incurred.
2. Notwithstanding any other provisions of this chapter, the town
board, upon the completion of the improvement or at any time prior
thereto, may determine to issue, pursuant to the local finance law, the
obligations of said town in such an amount as said board may estimate to
be sufficient to pay the entire cost of the improvement, but not in
excess of the maximum amount proposed to be expended for the improvement
as stated in the petition, or in the final order, if the town board
proceeded under article twelve-A of this chapter, or, if such
improvement be an improvement constructed pursuant to section two
hundred two-b of this chapter, not in excess of the estimated expense
thereof as stated in the notice of hearing. There shall be annually
apportioned and assessed upon the several lots and parcels of land
especially benefited by the improvement in proportion to the amount of
benefit which the improvement shall confer upon the same, and in the
manner provided in section two hundred two-a of the town law for the
assessment of the cost of maintenance in a sewer district, an amount
sufficient to pay the principal and interest of any obligations issued
for such improvement as the same shall become due and to pay the cost of
maintenance for the fiscal year commencing on the first day of January
next succeeding. In the event that the annual collection of such
assessments shall be less than the amount required to pay the principal
and interest of such obligations as they shall become due, the town
board shall direct that surplus moneys not otherwise appropriated be
applied.
Whenever an unpaid assessment has been divided into annual
installments pursuant to this section the town board may, at the time of
making such division, or at any time thereafter, provide that all future
annual installments may be prepaid together with a sum sufficient to
meet all future pro rata shares of the annual interest payable on such
obligations and which would otherwise have been added to such future
installments had same not been prepaid. All sums received from such
prepayments shall be deposited and retained in a separate account in a
depositary designated in the manner provided by section ten of the
general municipal law to be applied only to the payment of the
obligations issued pursuant to this section. Notwithstanding the
foregoing, such sums so received may be invested in the manner permitted
in section eleven of the general municipal law.
Permanent financing of district improvements to be paid from
general taxation. When the cost of any improvement is to be assessed,
levied and collected from the several lots and parcels of lands within a
district in the same manner and at the same time as other town charges,
the town board may finance said improvement pursuant to the local
finance law. The town board shall raise annually by tax a sum sufficient
to pay the interest and the principal of obligations issued to finance
such improvement, if not otherwise paid, as the same shall become due;
such tax shall be assessed, levied and collected from the several lots
and parcels of land within the district in the same manner and at the
same time as the annual tax for other town charges.
Annual collections of such taxes shall be applied by the supervisor in
payment of maturing obligations and accruing interest, for which such
taxes were levied. If the total of annual collections of such taxes
shall be less than the amount required for such purposes, the town board
may direct that surplus moneys not otherwise appropriated be applied.
Permanent financing of general improvements. The town board may
provide for the payment of the cost of any public improvement or project
authorized by subdivisions eleven-a or eleven-c of section sixty-four,
or sections eighty-one, two hundred twenty or two hundred twenty-one of
this chapter, by any one or by a combination of the following methods,
namely: (1) by the use of surplus moneys of the town or (2) by including
a sum therefor in the annual tax levy or (3) by making funds available
therefor pursuant to the local finance law. The town board shall raise
annually by tax a sum sufficient to pay the interest and the principal
of such obligations, if not otherwise paid, as the same shall become
due; and such tax shall be assessed, levied and collected from all
taxable property in the town in the same manner and at the same time as
the annual tax for other town charges.
If the public improvement or project is a refuse disposal plant or
plants referred to in section two hundred twenty-one of this chapter
provision shall be made that the town shall be reimbursed, out of
revenues from the improvement or project to pay the cost of which
obligations were issued, for any moneys so raised by taxation for the
payment of the principal and interest of such obligations.
Disposition of proceeds of bonds, notes or certificates. All
moneys derived from the sale of bonds or notes shall be kept as a
separate fund by the supervisor. Such moneys shall be disbursed only in
the manner provided by section one hundred nineteen of this chapter.
Accounts to be kept with each improvement. The supervisor shall
keep accounts in the name of each improvement in such form as has been
or may be formulated and prescribed by the state department of audit and
control. He shall carefully preserve all coupons, certificates, bonds
and notes which he shall pay, and present the same, with a transcript of
the account, to the town board from time to time, as it may require, and
at least once in each year shall make and file a complete statement and
shall account with such board on account of every improvement.
Completion of improvements. Upon the completion of any of the
improvements authorized by article twelve, article twelve-A, or section
eighty-one, two hundred twenty or two hundred twenty-one of this
chapter, the town board, engineer, or other official or employee in
charge thereof, shall file in the office of the town clerk a statement
in detail showing the actual and complete cost thereof. Such statement
shall thereupon be entered in full in the minutes of the town board and
if the cost of the improvement shall be borne by local assessment upon
the several lots or parcels of land especially benefited, pursuant to
article twelve, the town clerk shall file a certified copy thereof with
the assessors, accompanied by a certified copy of the resolution of the
town board specifying the property especially benefited by the
improvement and directing the assessors to apportion so much of the cost
thereof upon the several lots and parcels of land so deemed benefited as
shall be in just proportion to the amount of benefit which the
improvement shall have conferred upon the same.
Preparation of assessment-roll for certain improvements. It
shall thereupon be the duty of the assessors, or the town board, if the
town board shall so elect, to prepare an assessment-roll which shall
contain a description of each lot or parcel of land so that the same may
be ascertained and identified; the names of the reputed owners thereof;
the amount of benefit of said improvement which each such lot or parcel
of land shall have received, and the amount assessed against each lot or
parcel. In case of assessments for general or trunk sewers, drains and
trunk water mains, all property within the sewer, drainage or water
districts shall be included in the assessment. In other cases the town
board shall define the territory to be included by the assessors in the
assessment-roll. The town board may at its election prepare any
assessment-roll in the first instance without at any time submitting the
same to the assessors.
Assessment of property partly in district. In all cases where
real property is divided by the boundary line of any district, it shall
be the duty of the assessors after fixing the valuation of the whole of
such real property as now required by law, to determine what proportion
of such valuation is on account of that part of such real property lying
within the limits of the district and shall designate the same upon the
assessment-roll. The valuation of the real property lying within such
district so fixed and determined by the assessors shall be the valuation
of said part of such real property for taxation for all district
purposes.
Completion of roll and hearing. The assessors or the town
board, as the case may be, shall file the assessment-roll when
completed, with the town clerk and thereupon it shall be the duty of the
town board to cause notice to be published at least once in a newspaper
published within the town, or, if there be none published in the town,
then in a newspaper published in the county and having a circulation
within the town, that said assessment-roll has been completed, and that
at a time and place to be specified therein the town board will meet and
hear and consider any objections which may be made to the roll. The
first publication of the notice of the completion of the roll shall be
not less than ten nor more than twenty days before the time to be
specified therein for the hearing.
At the time and place so specified, the town board shall meet and hear
and consider any objections to the assessment-roll, and may change or
amend the same as they deem it necessary or just so to do and may affirm
and adopt the same as originally proposed or as amended or changed, or
they may annul the same and order the assessors to proceed anew and to
prepare another roll or the town board may prepare such new roll. If a
new roll be prepared, upon the completion and filing thereof the town
board shall give notice of a public hearing thereon, hold such hearing
and consider objections and reject, correct, amend and affirm the new
roll in the manner herein provided with respect to the original roll. No
action or proceeding shall be maintained to set aside, vacate, cancel,
annul, review, reduce or otherwise test or affect the legality or
validity of any such assessment unless such action or proceeding shall
be commenced within thirty days after the said final assessment-roll
shall have been affirmed.
Delivery of roll to collector; warrant for collection. 1. When
the assessment roll shall have been finally approved and adopted by the
town board, the board shall annex thereto a warrant which shall be
signed by the supervisor and countersigned by the town clerk commanding
the town tax collector or the receiver of taxes and assessments to
collect from the several persons named therein the sum or sums opposite
their respective names and to pay the same to the supervisor of the
town.
2. Notwithstanding the provisions of subdivision one of this section,
when the assessment roll is prepared by means of electronic data
processing equipment, the warrant may be filed therewith, in accordance
with the provisions of article fifteen-C of the real property tax law.
3. The warrant so annexed to or filed with the assessment roll shall
prescribe that the assessments therein may be paid in whole or in part
without fee or penalty on or before a date to be specified therein which
shall be not less than thirty nor more than one hundred eighty days from
the date of the warrant.
Notice by collector or receiver of taxes; return of assessment
roll. Each town tax collector or receiver of taxes and assessments, upon
receiving an assessment roll and warrant, shall forthwith cause notice
of the reception thereof to be published at least once in the official
paper and to be posted on the sign-board of the town maintained pursuant
to subdivision six of section thirty of this chapter, specifying the
place where and the time when the assessments may be paid to him. Within
ten days after the last day specified in the warrant for the payment of
the assessments in whole or in part, the town tax collector or receiver
of taxes and assessments shall deliver the assessment roll or, upon
mutual agreement, the data file therefor, as provided in article
fifteen-C of the real property tax law, to the supervisor of the town,
indicating the several parcels of land for which assessments shall have
been paid in full, or in part, and the parcels of land for which no part
of such assessments shall have been paid, and he shall at the same time
account for and pay over to the supervisor all moneys so collected.
Assessments payable in installments. 1. The supervisor shall
present the returned assessment roll to the town board at its next
meeting. If obligations shall have been issued to finance the
improvement, in whole or in part, the town board shall divide the amount
of the unpaid assessment against each parcel of land into such annual
installments as shall be necessary to completely amortize the principal
amount of such obligations as they shall mature. A special assessment
roll shall be prepared setting forth such amortization, specifying the
owner of each parcel of land and the amount of each annual installment
which shall be assessed against such parcel.
2. There shall be added to the amount of each installment, interest at
the highest rate borne by the obligations so issued. The original
assessment roll or data file as authorized by article fifteen-C of the
real property tax law returned by the collector or receiver of taxes,
together with the special assessment roll for the payment of the
assessments in installments, shall be filed in the office of the town
clerk.
3. Whenever assessments shall be payable in installments, each
installment thereof shall become a lien at and only from the time the
same becomes payable upon the parcel of real estate upon which the same
shall be assessed, prior and superior to all other claims, liens, assets
or interests therein, except the lien of an existing tax or assessment.
Collection of annual installments of assessments. The
supervisor of the town shall annually transmit to the county legislative
body at the meeting thereof at which taxes are levied a statement
setting forth a description of each parcel of land liable for the
payment of an installment of an assessment together with the name of the
owner and the amount of such assessment with interest. It shall be the
duty of the county legislative body to levy and assess the amount of
such installment, with interest as aforesaid, against the specific lot
or parcel of land against which same was originally levied and assessed
at the time and in the manner provided by law for the levy of state and
county taxes. The warrant annexed to or filed with the tax roll and
delivered to the town tax collector or receiver of taxes and assessments
shall direct him to pay to the supervisor the full amount of such
installments of unpaid assessments with interest. If the collector or
receiver of taxes and assessments shall be unable to collect such
installment of assessment with interest, he shall return the same to the
county treasurer of the county and collection thereof shall be enforced
in the manner provided by law for the collection of unpaid town taxes.
Correction of assessments. When it shall be ascertained to the
satisfaction of the said board that any error, omission or mistake has
been made in measuring or in entering the frontage or bounds of any lot
or in the quantity of any parcel of land held to be especially benefited
by an improvement or in any other matter connected with the making of a
local assessment, it shall be lawful for the said board, and it is
hereby authorized to correct such error, omission or mistake. Before
making any such correction, however, it shall give to the owner or
occupant of the land against which an assessment is to be made or
increased, notice personally, or by mail, specifying a time, which shall
be at least five days after the mailing or service of the notice, and a
place at which the said board will meet for the purpose of correcting
such alleged error, omission, or mistake, and shall give to such person
at such time and place an opportunity to be heard, and to make such
objections to such change as he may desire. If the correction of such
error, omission or mistake shall affect the entire assessment, or shall
be sufficiently general so that the board shall believe that in
furtherance of justice it should give public notice thereof, it shall at
least ten days before correcting such error, omission or mistake,
publish in the official paper a notice specifying the alleged error,
omission or mistake, and that at a time and place to be specified
therein it will meet for the purpose of correcting the same, and of
hearing any objections which may be made thereto. The board shall meet
at the time and place to be so specified, and after hearing all
objections which may be made thereto, if, in its judgment, the mistake,
error or omission exists, and in furtherance of justice it should be
corrected, it shall cause the same to be so corrected.
Apportionment of completed local assessment upon subdivision
or sale of part of land affected. 1. At any time after the approval and
adoption of an assessment-roll for a district or special improvement,
whether pursuant to this chapter or any other statute of general
application, under which an assessment is payable in installments which
become liens against the property upon which assessed at and only from
the time they become payable, the owner of the whole or any divided
portion of a parcel of land against which as a single parcel such an
assessment shall have been made and any installment or installments of
which remain unpaid and shall not have become payable may, in case a
subdivision map of such parcel shall have been filed or in case a
portion thereof shall have been transferred or conveyed, make
application to the town board upon a duly acknowledged petition for an
apportionment of such unpaid assessment, to the extent that any
installment or installments thereof shall not have become payable, upon
the lots or other portions of such parcel as so divided; provided,
however, that such a petition must be presented to the town board not
later than the first day of July in any year.
2. Such petition shall describe the assessment sought to be
apportioned and the parcel of land against which it shall have been
made, and shall give the names and addresses of all the reputed owners
of the whole or any divided portion or portions of such parcel. If a
subdivision map thereof shall have been filed, a copy of such map shall
accompany the petition, and if no such map shall have been filed a
description of the separate portions into which such parcel is divided
shall be contained in the petition.
3. The town board shall act upon such petition within thirty days
after the receipt thereof and if it shall determine to grant the relief
asked shall make or cause to be made by the assessors a separate written
apportionment of such unpaid assesment, to the extent that any
installment or installments thereof shall not have become payable, in
the same manner and upon the same basis as required for the preparation
of the assessment-roll, in accordance with section two hundred
thirty-seven, and shall file or cause the same to be filed with the town
clerk. The town board shall thereupon cause a notice stating that such
apportionment has been completed and that at a time and place to be
specified therein it will hear and consider any objection which may be
made thereto to be given personally or by mail to each reputed owner of
any portion of such parcel, and also to be posted in one or more
conspicuous places upon each portion of such parcel reputed to be
separately owned. Such notice of hearing shall be given in such manner
not less than ten nor more than twenty days before the time specified
therein for the hearing. Thereafter, the town board shall proceed and
the parties concerned shall be governed in the same manner, so far as
practicable, as provided in section two hundred thirty-nine, with
respect to the original assessment-roll. When such apportionment shall
have been finally approved and adopted by the town board, it shall
change and correct the assessment-roll of the improvement to conform to
such apportionment; and collection of such apportioned assessment shall
be made in like manner as provided for the original assessment.
4. An assessment apportioned against a separate part of a parcel of
land originally assessed, as provided in this section, may in like
manner be itself similarly apportioned under appropriate circumstances
requiring such apportionment.
Expense of maintenance. After the improvement is constructed
and completed, it shall be maintained by the town board and the cost of
such maintenance shall be a charge upon the district or parcels of land
against which the cost of the improvement was charged and shall be
raised in the manner provided in section two hundred two-a of this
chapter.
Proceeding to review decision. Any person interested who shall
have appeared before the board and made his objections at any hearing
provided for in this statute, and who shall consider himself aggrieved
by any decision or action of the board may commence a proceeding, within
thirty days from the date of such decision or action, in the county or
supreme court for a review of the decision or action of the board, in
the manner provided by article seventy-eight of the civil practice law
and rules. The court may review the action of the board, and if it
decides that any injustice or error has been committed, may annul the
proceedings and direct the board to proceed in the matter de novo, or
may specify the correction which should be made and compel such
correction by the board; and the court may, in its discretion, stay the
proceedings of the board upon motion of the petitioner, and upon such
security or conditions and notice to the board as may seem proper until
the final decision on the petition.
Reassessment and apportionment where original assessment and
apportionment has been held invalid. In the event that any tax or
assessment apportionment assessed or levied upon any property in any
town on account of or in behalf of any district or for the construction
of any improvement authorized by this chapter, for the payment of the
principal or interest of any town bond issued on behalf of any such
district or improvement, shall be held invalid or illegal because of the
invalidity of, or any irregularity in, the proceedings for the
establishment or enlargement of such district, or for the acquisition,
construction, enlargement or extension of any improvement therein or for
the construction of any improvement authorized by this chapter, the town
board shall make a new apportionment, assessment or levy of the amount
to be raised for the payment of the principal and interest of such bonds
in the manner provided by law for the original apportionment, assessment
or levy, or if such new apportionment, assessment or levy cannot be
legally made, shall assess such amount on the lands within the district
or abutting upon such improvement in proportion as nearly as may be to
the benefit which each lot or parcel will derive therefrom in the manner
provided by this chapter for the assessment of the cost of the
construction of a sewer system, and such board may, after a hearing held
thereon, determine to assess such amount on all such lands or on the
lands benefited, in proportion to the assessed valuation of such lands.
After such amount has been so apportioned or assessed, the town board
shall transmit a statement showing each lot or parcel liable and the
amount chargeable to each to the board of supervisors. The board of
supervisors shall levy the respective amount against the property liable
and shall cause to be prepared forthwith a special or supplemental
tax-roll and shall cause said amounts to be collected in the same manner
as other town taxes. Said amounts when collected shall be paid to the
supervisor and be by him applied in payment of the bonds. Nothing herein
contained shall in any way limit or affect the power to pay the
principal and interest of such bonds in the same manner as other town
charges are paid.
ARTICLE 16 Zoning and Planning
Grant of power; appropriations for certain expenses incurred
under this article. For the purpose of promoting the health, safety,
morals, or the general welfare of the community, the town board is
hereby empowered by local law or ordinance to regulate and restrict the
height, number of stories and size of buildings and other structures,
the percentage of lot that may be occupied, the size of yards, courts,
and other open spaces, the density of population, and the location and
use of buildings, structures and land for trade, industry, residence or
other purposes; provided that such regulations shall apply to and affect
only such part of a town as is outside the limits of any incorporated
village or city; provided further, that all charges and expenses
incurred under this article for zoning and planning shall be a charge
upon the taxable property of that part of the town outside of any
incorporated village or city. The town board is hereby authorized and
empowered to make such appropriation as it may see fit for such charges
and expenses, provided however, that such appropriation shall be the
estimated charges and expenses less fees, if any, collected, and
provided, that the amount so appropriated shall be assessed, levied and
collected from the property outside of any incorporated village or city.
Such regulations may provide that a board of appeals may determine and
vary their application in harmony with their general purpose and intent,
and in accordance with general or specific rules therein contained.
Transfer of development rights; definitions; conditions;
procedures. 1. As used in this section:
a. "Development rights" shall mean the rights permitted to a lot,
parcel, or area of land under a zoning ordinance or local law respecting
permissible use, area, density, bulk or height of improvements executed
thereon. Development rights may be calculated and allocated in
accordance with such factors as area, floor area, floor area ratios,
density, height limitations, or any other criteria that will effectively
quantify a value for the development right in a reasonable and uniform
manner that will carry out the objectives of this section.
b. "Receiving district" shall mean one or more designated districts or
areas of land to which development rights generated from one or more
sending districts may be transferred and in which increased development
is permitted to occur by reason of such transfer.
c. "Sending district" shall mean one or more designated districts or
areas of land in which development rights are designated for use in one
or more receiving districts.
d. "Transfer of development rights" shall mean the process by which
development rights are transferred from one lot, parcel, or area of land
in any sending district to another lot, parcel, or area of land in one
or more receiving districts.
2. In addition to existing powers and authorities to regulate by
planning or zoning, including authorization to provide for transfer of
development rights pursuant to other enabling law, a town board is
hereby empowered to provide for transfer of development rights subject
to the conditions hereinafter set forth and such other conditions as the
town board deems necessary and appropriate that are consistent with the
purposes of this section. The purpose of providing for transfer of
development rights shall be to protect the natural, scenic or
agricultural qualities of open lands, to enhance sites and areas of
special character or special historical, cultural, aesthetic or economic
interest or value, to protect lands at risk from sea level rise, storm
surge or flooding and to enable and encourage flexibility of design and
careful management of land in recognition of land as a basic and
valuable natural resource. The conditions hereinabove referred to are as
follows:
a. That transfer of development rights, and the sending and receiving
districts, shall be established in accordance with a comprehensive plan
within the meaning of section two hundred sixty-three of this article.
The sending district from which transfer of development rights may be
authorized shall consist of natural, scenic, recreational, agricultural,
forest, or open land or sites of special historical, cultural, aesthetic
or economic values sought to be protected or lands at risk from sea
level rise, storm surge or flooding. Every receiving district to which
transfer of development rights may be authorized, shall have been found
by the town board, after evaluating the effects of potential increased
development which is possible under the transfer of development rights
provisions, to contain adequate resources, environmental quality and
public facilities, including adequate transportation, water supply,
waste disposal and fire protection, and that there will be no
significant environmentally damaging consequences and such increased
development is compatible with the development otherwise permitted by
the town and by the federal, state, and county agencies having
jurisdiction to approve permissible development within the district. A
generic environmental impact statement pursuant to the provisions of
article eight of the environmental conservation law shall be prepared by
the town board for the receiving district before any such district, or
any sending district, is designated, and such statement shall be amended
from time to time by the town board if there are material changes in
circumstances. Where a transfer of development rights affects districts
in two or more school, special assessment or tax districts, it may not
unreasonably transfer the tax burden between the taxpayers of such
districts. The receiving and sending districts need not be coterminous
with zoning districts.
b. That sending and receiving districts be designated and mapped with
specificity and the procedure for transfer of development rights be
specified. Notwithstanding any other provision of law to the contrary,
environmental quality review pursuant to article eight of the
environmental conservation law for any action in a receiving district
that utilizes development rights shall only require information specific
to the project and site where the action will occur and shall be limited
to review of the environmental impacts of the action, if any, not
adequately reviewed in the generic environmental impact statement.
c. That the burden upon land within a sending district from which
development rights have been transferred shall be documented by an
instrument duly executed by the grantor in the form of a conservation
easement, as defined in title three of article forty-nine of the
environmental conservation law, which burden upon such land shall be
enforceable by the appropriate town in addition to any other person or
entity granted enforcement rights by the terms of the instrument. All
provisions of law applicable to such conservation easements pursuant to
such title shall apply with respect to conservation easements hereunder,
except that the town board may adopt standards pertaining to the
duration of such easements that are more stringent than such standards
promulgated by the department of environmental conservation pursuant to
such title. Upon the designation of any sending district, the town board
shall adopt regulations establishing uniform minimum standards for
instruments creating such easements within the district. No such
modification or extinguishment of an easement shall diminish or impair
development rights within any receiving district. Any development right
which has been transferred by conservation easement shall be evidenced
by a certificate of development right which shall be issued by the town
to the transferee in a form suitable for recording in the registry of
deeds for the county where the receiving district is situated in the
manner of other conveyances of interests in land affecting its title.
d. That within one year after a development right is transferred, the
assessed valuation placed on the affected properties for real property
tax purposes shall be adjusted to reflect the transfer. A development
right which is transferred shall be deemed to be an interest in real
property and the rights evidenced thereby shall inure to the benefit of
the transferee, and his heirs, successors and assigns.
e. That development rights shall be transferred reflecting the normal
market in land, including sales between owners of property in sending
and receiving districts, a town may establish a development rights bank
or such other account in which development rights may be retained and
sold in the best interest of the town. Towns shall be authorized to
accept for deposit within the bank gifts, donations, bequests or other
development rights. All receipts and proceeds from sales of development
rights sold by the town shall be deposited in a special municipal
account to be applied against expenditures necessitated by the municipal
development rights program.
f. That prior to designation of sending or receiving districts, the
legislative body of the town shall evaluate the impact of transfer of
development rights upon the potential development of low or moderate
income housing lost in sending districts and gained in receiving
districts and shall find either there is approximate equivalence between
potential low and moderate housing units lost in the sending district
and gained in the receiving districts or that the town has or will take
reasonable action to compensate for any negative impact upon the
availability or potential development of low or moderate income housing
caused by the transfer of development rights.
3. The town board adopting or amending procedures for transfer of
development rights pursuant to this section shall follow the procedure
for adopting and amending its zoning ordinance or local law, as the case
may be, including all provisions for notice applicable for changes or
amendments to a zoning ordinance or local law.
Nothing in this section shall be construed to invalidate any provision
for transfer of development rights heretofore or hereafter adopted by
any local legislative body.
Incentive zoning; definitions, purpose, conditions,
procedures. 1. Definitions. As used in this section:
(a) "Incentives or bonuses" shall mean adjustments to the permissible
population density, area, height, open space, use, or other provisions
of a zoning ordinance or local law for a specific purpose authorized by
the town board.
(b) "Community benefits or amenities" shall mean open space, housing
for persons of low or moderate income, parks, elder care, day care or
other specific physical, social or cultural amenities, or cash in lieu
thereof, of benefit to the residents of the community authorized by the
town board.
(c) "Incentive zoning" shall mean the system by which specific
incentives or bonuses are granted, pursuant to this section, on
condition that specific physical, social, or cultural benefits or
amenities would inure to the community.
2. Authority and purposes. In addition to existing powers and
authorities to regulate by planning or zoning, including authorization
to provide for the granting of incentives, or bonuses pursuant to other
enabling law, a town board is hereby empowered, as part of a zoning
ordinance or local law adopted pursuant to this article, or by local law
or ordinance adopted pursuant to other enabling law, to provide for a
system of zoning incentives, or bonuses, as the town board deems
necessary and appropriate consistent with the purposes and conditions
set forth in this section. The purpose of the system of incentive, or
bonus, zoning shall be to advance the town's specific physical, cultural
and social policies in accordance with the town's comprehensive plan and
in coordination with other community planning mechanisms or land use
techniques. The system of zoning incentives or bonuses shall be in
accordance with a comprehensive plan within the meaning of section two
hundred sixty-three of this article.
3. Implementation. A system of zoning incentives or bonuses may be
provided subject to the conditions hereinafter set forth.
(a) The town board shall provide for the system of zoning incentives
or bonuses pursuant to this section as part of the zoning ordinance or
local law. In providing for such system the board shall follow the
procedure for adopting and amending its zoning ordinance or local law,
including all provisions for notice and public hearing applicable for
changes or amendments to a zoning ordinance or local law.
(b) Each zoning district in which incentives or bonuses may be awarded
under this section shall be designated in the town zoning ordinance or
local law and shall be incorporated in any map adopted in connection
with such zoning ordinance or local law or amendment thereto.
(c) Each zoning district in which incentives or bonuses may be
authorized shall have been found by the town board, after evaluating the
effects of any potential incentives which are possible by virtue of the
provision of community amenities, to contain adequate resources,
environmental quality and public facilities, including adequate
transportation, water supply, waste disposal and fire protection.
Further, the town board shall, in designating such districts, determine
that there will be no significant environmentally damaging consequences
and that such incentives or bonuses are compatible with the development
otherwise permitted.
(d) A generic environmental impact statement pursuant to article eight
of the environmental conservation law and regulations adopted by the
department of environmental conservation shall be prepared by the town
board for any zoning district in which the granting of incentives or
bonuses have a significant effect on the environment before any such
district is designated, and such statement shall be supplemented from
time to time by the town board if there are material changes in
circumstances that may result in significant adverse impacts. Any zoning
ordinance or local law enacted pursuant to this section shall provide
that any applicant for incentives or bonuses shall pay a proportionate
share of the cost of preparing such environmental impact statement, and
that such charge shall be added to any site-specific charge made
pursuant to the provisions of section 8-0109 of the environmental
conservation law.
(e) The town board shall set forth the procedure by which incentives
may be provided to specific lands. Such procedure shall describe:
(i) the incentives, or bonuses, which may be granted by the town to
the applicant;
(ii) the community benefits or amenities which may be accepted from
the applicant by the town;
(iii) criteria for approval, including methods required for
determining the adequacy of community amenities to be accepted from the
applicant in exchange for the particular bonus or incentive to be
granted to the applicant by the town;
(iv) the procedure for obtaining bonuses, including applications and
the review process, and the imposition of terms and conditions attached
to any approval; and
(v) provision for a public hearing, if such public hearing is required
as part of a zoning ordinance or local law adopted pursuant to this
section and give public notice thereof by the publication in the
official newspaper of such hearing at least five days prior to the date
thereof.
(f) All other requirements of article eight of the environmental
conservation law shall be complied with by project sponsors for actions
in areas for which a generic environmental impact statement has been
prepared including preparation of an environmental assessment form and a
supplemental environmental impact statement, if necessary.
(g) Prior to the adoption or amendment of the zoning ordinance or
local law pursuant to this section to establish a system of zoning
incentives or bonuses the town board shall evaluate the impact of the
provision of such system of zoning incentives or bonuses upon the
potential development of affordable housing gained by the provision of
any such incentive or bonus afforded to an applicant or lost in the
provision by an applicant of any community amenity to the town.
Further, the town board shall determine that there is approximate
equivalence between potential affordable housing lost or gained or that
the town has or will take reasonable action to compensate for any
negative impact upon the availability or potential development of
affordable housing caused by the provisions of this section.
(h) If the town board determines that a suitable community benefit or
amenity is not immediately feasible, or otherwise not practical, the
board may require, in lieu thereof, a payment to the town of a sum to be
determined by the board. If cash is accepted in lieu of other community
benefit or amenity, provision shall be made for such sum to be deposited
in a trust fund to be used by the town board exclusively for specific
community benefits authorized by the town board.
4. Invalidations. Nothing in this section shall be construed to
invalidate any provision for incentives or bonuses heretofore adopted by
any town board.
Planned unit development zoning districts. A town legislative
body is hereby authorized to enact, as part of its zoning local law or
ordinance, procedures and requirements for the establishment and mapping
of planned unit development zoning districts. Planned unit development
district regulations are intended to provide for residential,
commercial, industrial or other land uses, or a mix thereof, in which
economies of scale, creative architectural or planning concepts and open
space preservation may be achieved by a developer in furtherance of the
town comprehensive plan and zoning local law or ordinance.
Districts. For any or all of said purposes the town board may
divide that part of the town which is outside the limits of any
incorporated village or city into districts of such number, shape and
area as may be deemed best suited to carry out the purposes of this act;
and within such districts it may regulate and restrict the erection,
construction, reconstruction, alteration or use of buildings, structures
or land. All such regulations shall be uniform for each class or kind of
buildings, throughout such district but the regulations in one district
may differ from those in other districts.
Town of Lansing; division of certain parts thereof. For any
and all of the purposes set forth in article sixteen of the town law,
the town board of the town of Lansing may divide all or part of that
portion of the town which is outside the limits of any incorporated
village or city into districts of such number, shape and area as may be
deemed best suited to carry out the purposes of this section; including
construction, reconstruction, alteration or use of buildings, structures
or land. All such regulations adopted by the town board shall be uniform
for each class or kind of buildings, throughout such district; but the
regulations in one district may differ from those in other districts.
Purposes in view. Such regulations shall be made in accordance
with a comprehensive plan and designed to lessen congestion in the
streets; to secure safety from fire, flood, panic and other dangers; to
promote health and general welfare; to provide adequate light and air;
to prevent the overcrowding of land; to avoid undue concentration of
population; to make provision for, so far as conditions may permit, the
accommodation of solar thermal, photovoltaics, wind, hydroelectric,
geothermal electric, geothermal ground source heat, tidal energy, wave
energy, ocean thermal, farm waste electric generating equipment as
defined in paragraph (e) of subdivision one of section sixty-six-j of
the public service law, and fuel cells; to facilitate the practice of
forestry; to facilitate the adequate provision of transportation, water,
sewerage, schools, parks and other public requirements. Such regulations
shall be made with reasonable consideration, among other things, as to
the character of the district and its peculiar suitability for
particular uses, and with a view to conserving the value of buildings
and encouraging the most appropriate use of land throughout such
municipality.
Adoption of zoning regulations. 1. Method of procedure. The
town board shall provide for the manner in which such regulations,
restrictions and the boundaries of such districts including any
amendments thereto shall be determined, established and enforced.
However, no such regulations, restrictions or boundaries shall become
effective until after a public hearing in relation thereto, at which the
public shall have an opportunity to be heard. At least ten days' notice
of the time and place of such hearing shall be published in a paper of
general circulation in such town.
Every zoning ordinance and every amendment to a zoning ordinance
(excluding any map incorporated therein) adopted pursuant to the
provisions of this chapter shall be entered in the minutes of the town
board; such minutes shall describe and refer to any map adopted in
connection with such zoning ordinance or amendment and a copy, summary
or abstract thereof (exclusive of any map incorporated therein) shall be
published once in a newspaper published in the town, if any, or in such
newspaper published in the county in which such town may be located
having a circulation in such town, as the town board may designate, and
affidavits of the publication thereof shall be filed with the town
clerk. Such ordinance shall take effect ten days after such publication,
but such ordinance or amendment shall take effect from the date of its
service as against a person served personally with a copy thereof,
certified by the town clerk under the corporate seal of the town; and
showing the date of its passage and entry in the minutes. Every town
clerk shall maintain a separate file or filing cabinet for each and
every map adopted in connection with a zoning ordinance or amendment and
shall file therein every such map hereafter adopted; said file or filing
cabinet to be available at any time during regular business hours for
public inspection.
2. Service of written notice. At least ten days prior to the date of
the public hearing, written notice of any proposed regulations,
restrictions or boundaries of such districts, including any amendments
thereto, affecting property within five hundred feet of the following
shall be served personally or by mail by the town upon each person or
persons listed below:
(a) The property of the housing authority erecting or owning a housing
project authorized under the public housing law; upon the executive
director of such housing authority and the chief executive officer of
the municipality providing financial assistance thereto.
(b) The boundary of a city, village or town; upon the clerk thereof.
(c) The boundary of a county; upon the clerk of the board of
supervisors or other person performing like duties.
(d) The boundary of a state park or parkway; upon the regional state
park commission having jurisdiction over such state park or parkway.
3. Additional requirements. The procedural requirements set forth
herein shall be in addition to the requirements of the provisions of
sections two hundred thirty-nine-l and two hundred thirty-nine-m of the
general municipal law relating to review by a county planning board or
agency or regional planning council; the provisions of the state
environmental quality review act under article eight of the
environmental conservation law and its implementing regulations which
are codified in title six part six hundred seventeen of the New York
codes, rules and regulations and any other general laws relating to land
use and any amendments thereto.
4. Public hearing. The public, including those served notice pursuant
to subdivision two of this section, shall have an opportunity to be
heard at the public hearing. Those parties set forth in paragraphs (a),
(b), (c) and (d) of subdivision two of this section, however, shall not
have the right of review by a court as hereinafter provided.
Changes. 1. Such regulations, restrictions and boundaries may
from time to time be amended. Such amendment shall be effected by a
simple majority vote of the town board, except that any such amendment
shall require the approval of at least three-fourths of the members of
the town board in the event such amendment is the subject of a written
protest, presented to the town board and signed by:
(a) the owners of twenty percent or more of the area of land included
in such proposed change; or
(b) the owners of twenty percent or more of the area of land
immediately adjacent to that land included in such proposed change,
extending one hundred feet therefrom; or
(c) the owners of twenty percent or more of the area of land directly
opposite thereto, extending one hundred feet from the street frontage of
such opposite land.
The provisions of the previous section relative to public hearings and
official notice shall apply equally to all proposed amendments.
2. Amendments made to any zoning ordinance (excluding any map
incorporated therein) adopted pursuant to the provisions of this chapter
shall be entered in the minutes of the town board; such minutes shall
describe and refer to any map adopted in connection with such change,
amendment or supplement and a copy, summary or abstract thereof
(exclusive of any map incorporated therein) shall be published once in a
newspaper published in the town, if any, or in such newspaper published
in the county in which such town may be located having a circulation in
such town, as the town board may designate, and affidavits of the
publication thereof shall be filed with the town clerk. Such ordinance
shall take effect upon filing in the office of the town clerk. Every
town clerk shall maintain every map adopted in connection with a zoning
ordinance or amendment.
Exemption of lots shown on approved subdivision plats. 1.
Notwithstanding any inconsistent provision of this chapter or of any
general, special or local law, the provisions of a zoning ordinance or
local law hereafter adopted, or of a change or amendment thereto, which
provisions:
(a) establish or increase lot areas or lot dimensions which are in
excess of the areas or dimensions of the lots shown and delineated on a
residential subdivision plat which has been duly approved by the
planning board, or other board or officer vested with authority to
approve subdivision plats, if any, of the town in which the land shown
on said plat is situate and duly filed in the office of the recording
officer of the county in which the land shown on said subdivision plat
is situate; or
(b) establish or increase side, rear or front yard or set back
requirements in excess of those applicable to lots under the provisions
of the zoning ordinance or local law, if any, in force and effect at the
time of the filing of the said duly approved residential subdivision
plat or first section thereof
shall not, for the period of time prescribed in subdivision two of
this section, be applicable to or in any way affect any of the lots
shown and delineated on such subdivision plat.
2. If at the time of the filing of the subdivision plat or first
section thereof referred to in subdivision one of this section there was
in the town:
(a) both a zoning ordinance or local law and a planning board vested
with authority to approve subdivision plats, then the exemption provided
for in subdivision one of this section shall apply for a period of three
years after the filing of the approved subdivision plat or first section
thereof; or
(b) a zoning ordinance or local law in effect in the town but there
was no planning board in said town vested with authority to approve
subdivision plats, then the exemption provided for in subdivision one of
this section shall apply for a period of two years after the filing of
the approved subdivision plat or first section thereof; or
(c) no zoning ordinance or local law in the town but there was a
planning board vested with authority to approve subdivision plats, then
the exemption provided for in subdivision one of this section shall
apply for a period of two years after the filing of the approved
subdivision plat or first section thereof; or
(d) no zoning ordinance or local law in the town and no planning board
vested with authority to approve subdivision plats, then the exemption
provided for in subdivision one of this section shall apply for a period
of one year after the filing of the subdivision plat or first section
thereof.
3. If such period of exemption would expire within one year from the
date of the filing of a section of the approved plat, it shall be
extended for that section for a period of one year from the date of the
filing of such section.
Adoption of first zoning ordinance. 1. In order to avail itself
of the powers conferred by this article, such town board shall appoint a
commission to be known as the zoning commission to recommend the
boundaries of the various original districts and appropriate regulations
to be enforced therein.
2. Where a planning board already exists it may be appointed as the
zoning commission.
3. Such commission shall make a preliminary report and hold one or
more public hearings thereon as deemed appropriate by the commission
before submitting its final report.
4. The town board shall not hold its public hearing or take action
until it has received the final report of such commission.
5. Upon adoption of a resolution by the town board accepting the final
report, such commission shall cease to exist as a separate body.
Zoning board of appeals. 1. Definitions. As used in this
section:
(a) "Use variance" shall mean the authorization by the zoning board of
appeals for the use of land for a purpose which is otherwise not allowed
or is prohibited by the applicable zoning regulations.
(b) "Area variance" shall mean the authorization by the zoning board
of appeals for the use of land in a manner which is not allowed by the
dimensional or physical requirements of the applicable zoning
regulations.
2. Appointment of members. Each town board which adopts a local law or
ordinance and any amendments thereto pursuant to the powers granted by
this article shall appoint a board of appeals consisting of three or
five members as shall be determined by such local law or ordinance and
shall designate the chairperson thereof. In the absence of a chairperson
the board of appeals may designate a member to serve as acting
chairperson. The town board may provide for compensation to be paid to
experts, clerks and a secretary and provide for such other expenses as
may be necessary and proper, not exceeding the appropriation made by the
town board for such purpose.
3. Town board members ineligible. No person who is a member of the
town board shall be eligible for membership on such board of appeals.
4. Terms of members first appointed. In the creation of a new board of
appeals, or the reestablishment of terms of an existing board, the
appointment of members to the board shall be for terms so fixed that one
member's term shall expire at the end of the calendar year in which such
members were initially appointed. The remaining members' terms shall be
so fixed that one member's term shall expire at the end of each year
thereafter. At the expiration of each original member's appointment, the
replacement member shall be appointed for a term which shall be equal in
years to the number of members of the board.
5. Terms of members now in office. Members now holding office for
terms which do not expire at the end of a year shall, upon the
expiration of their term, hold office until the end of the year and
their successors shall then be appointed for terms which shall be equal
in years to the number of members of the board.
6. Increasing membership. Any town board may, by local law or
ordinance, increase a three member board of appeals to five members.
Additional members shall be first appointed for single terms as provided
by resolution in order that the terms of members shall expire in each of
five successive years and their successors shall thereafter be appointed
for full terms of five years. No such additional member shall take part
in the consideration of any matter for which an application was on file
with the board of appeals at the time of his or her appointment.
7. Decreasing membership. A town board which has increased the number
of members of the board of appeals to five may, by local law or
ordinance, decrease the number of members of the board of appeals to
three to take effect upon the next two expirations of terms. Any board
of appeals which, upon the effective date of this section has seven
members, may continue to act as a duly constituted zoning board of
appeals until the town board, by local law or ordinance, reduces such
membership to three or five. However, no incumbent shall be removed from
office except upon the expiration of his or her term.
7-a. Training and attendance requirements. (a) Each member of the
board of appeals shall complete, at a minimum, four hours of training
each year designed to enable such members to more effectively carry out
their duties. Training received by a member in excess of four hours in
any one year may be carried over by the member into succeeding years in
order to meet the requirements of this subdivision. Such training shall
be approved by the town board and may include, but not be limited to,
training provided by a municipality, regional or county planning office
or commission, county planning federation, state agency, statewide
municipal association, college or other similar entity. Training may be
provided in a variety of formats, including but not limited to,
electronic media, video, distance learning and traditional classroom
training.
(b) To be eligible for reappointment to such board, such member shall
have completed the training promoted by the town pursuant to this
subdivision.
(c) The training required by this subdivision may be waived or
modified by resolution of the town board when, in the judgment of the
town board, it is in the best interest of the town to do so.
(d) No decision of a zoning board of appeals shall be voided or
declared invalid because of a failure to comply with this subdivision.
8. Vacancy in office. If a vacancy shall occur otherwise than by
expiration of term, the town board shall appoint the new member for the
unexpired term.
9. Removal of members. The town board shall have the power to remove,
after public hearing, any member of the zoning board of appeals for
cause. Any zoning board of appeals member may be removed for
non-compliance with minimum requirements relating to meeting attendance
and training as established by the town board by local law or ordinance.
10. Chairperson duties. All meetings of the board of appeals shall be
held at the call of the chairperson and at such other times as such
board may determine. Such chairperson, or in his or her absence, the
acting chairperson, may administer oaths and compel the attendance of
witnesses.
11. Alternate members. (a) A town board may, by local law or
ordinance, or as a part of the local law or ordinance creating the
zoning board of appeals, establish alternate zoning board of appeals
member positions for purposes of substituting for a member in the event
such member is unable to participate because of a conflict of interest.
Alternate members of the zoning board of appeals shall be appointed by
resolution of the town board, for terms established by the town board.
(b) The chairperson of the zoning board of appeals may designate an
alternate member to substitute for a member when such member is unable
to participate because of a conflict of interest on an application or
matter before the board. When so designated, the alternate member shall
possess all the powers and responsibilities of such member of the board.
Such designation shall be entered into the minutes of the initial zoning
board of appeals meeting at which the substitution is made.
(c) All provisions of this section relating to zoning board of appeals
member training and continuing education, attendance, conflict of
interest, compensation, eligibility, vacancy in office, removal, and
service on other boards, shall also apply to alternate members.
Board of appeals procedure. 1. Meetings, minutes, records.
Meetings of such board of appeals shall be open to the public to the
extent provided in article seven of the public officers law. Such board
of appeals shall keep minutes of its proceedings, showing the vote of
each member upon every question, or if absent or failing to vote,
indicating such fact, and shall also keep records of its examinations
and other official actions.
2. Filing requirements. Every rule, regulation, every amendment or
repeal thereof, and every order, requirement, decision or determination
of the board of appeals shall be filed in the office of the town clerk
within five business days and shall be a public record.
3. Assistance to board of appeals. Such board shall have the authority
to call upon any department, agency or employee of the town for such
assistance as shall be deemed necessary and as shall be authorized by
the town board. Such department, agency or employee may be reimbursed
for any expenses incurred as a result of such assistance.
4. Hearing appeals. Unless otherwise provided by local law or
ordinance, the jurisdiction of the board of appeals shall be appellate
only and shall be limited to hearing and deciding appeals from and
reviewing any order, requirement, decision, interpretation, or
determination made by the administrative official charged with the
enforcement of any ordinance or local law adopted pursuant to this
article. Such appeal may be taken by any person aggrieved, or by an
officer, department, board or bureau of the town.
5. Filing of administrative decision and time of appeal. (a) Each
order, requirement, decision, interpretation or determination of the
administrative official charged with the enforcement of the zoning local
law or ordinance shall be filed in the office of such administrative
official, within five business days from the day it is rendered, and
shall be a public record. Alternately, the town board may, by
resolution, require that such filings instead be made in the town
clerk's office.
(b) An appeal shall be taken within sixty days after the filing of any
order, requirement, decision, interpretation or determination of the
administrative official, by filing with such administrative official and
with the board of appeals a notice of appeal, specifying the grounds
thereof and the relief sought. The administrative official from whom the
appeal is taken shall forthwith transmit to the board of appeals all the
papers constituting the record upon which the action appealed from was
taken.
6. Stay upon appeal. An appeal shall stay all proceedings in
furtherance of the action appealed from, unless the administrative
official charged with the enforcement of such ordinance or local law,
from whom the appeal is taken, certifies to the board of appeals, after
the notice of appeal shall have been filed with the administrative
official, that by reason of facts stated in the certificate a stay,
would, in his or her opinion, cause imminent peril to life or property,
in which case proceedings shall not be stayed otherwise than by a
restraining order which may be granted by the board of appeals or by a
court of record on application, on notice to the administrative official
from whom the appeal is taken and on due cause shown.
7. Hearing on appeal. The board of appeals shall fix a reasonable time
for the hearing of the appeal or other matter referred to it and give
public notice of such hearing by publication in a paper of general
circulation in the town at least five days prior to the date thereof.
The cost of sending or publishing any notices relating to such appeal,
or a reasonable fee relating thereto, shall be borne by the appealing
party and shall be paid to the board prior to the hearing of such
appeal. Upon the hearing, any party may appear in person, or by agent or
attorney.
8. Time of decision. The board of appeals shall decide upon the appeal
within sixty-two days after the conduct of said hearing. The time within
which the board of appeals must render its decision may be extended by
mutual consent of the applicant and the board.
9. Filing of decision and notice. The decision of the board of appeals
on the appeal shall be filed in the office of the town clerk within five
business days after the day such decision is rendered, and a copy
thereof mailed to the applicant.
10. Notice to park commission and county planning board or agency or
regional planning council. At least five days before such hearing, the
board of appeals shall mail notices thereof to the parties; to the
regional state park commission having jurisdiction over any state park
or parkway within five hundred feet of the property affected by such
appeal; and to the county planning board or agency or regional planning
council, as required by section two hundred thirty-nine-m of the general
municipal law, which notice shall be accompanied by a full statement of
such proposed action, as defined in subdivision one of section two
hundred thirty-nine-m of the general municipal law.
11. Compliance with state environmental quality review act. The board
of appeals shall comply with the provisions of the state environmental
quality review act under article eight of the environmental conservation
law and its implementing regulations as codified in title six, part six
hundred seventeen of the New York codes, rules and regulations.
12. Rehearing. A motion for the zoning board of appeals to hold a
rehearing to review any order, decision or determination of the board
not previously reheard may be made by any member of the board. A
unanimous vote of all members of the board then present is required for
such rehearing to occur. Such rehearing is subject to the same notice
provisions as an original hearing. Upon such rehearing the board may
reverse, modify or annul its original order, decision or determination
upon the unanimous vote of all members then present, provided the board
finds that the rights vested in persons acting in good faith in reliance
upon the reheard order, decision or determination will not be prejudiced
thereby.
13. Voting requirements. (a) Decision of the board. Except as
otherwise provided in subdivision twelve of this section, every motion
or resolution of a board of appeals shall require for its adoption the
affirmative vote of a majority of all the members of the board of
appeals as fully constituted regardless of vacancies or absences. Where
an action is the subject of a referral to the county planning agency or
regional planning council the voting provisions of section two hundred
thirty-nine-m of the general municipal law shall apply.
(b) Default denial of appeal. In exercising its appellate jurisdiction
only, if an affirmative vote of a majority of all members of the board
is not attained on a motion or resolution to grant a variance or reverse
any order, requirement, decision or determination of the enforcement
official within the time allowed by subdivision eight of this section,
the appeal is denied. The board may amend the failed motion or
resolution and vote on the amended motion or resolution within the time
allowed without being subject to the rehearing process as set forth in
subdivision twelve of this section.
Permitted action by board of appeals. 1. Orders,
requirements, decisions, interpretations, determinations. The board of
appeals may reverse or affirm, wholly or partly, or may modify the
order, requirement, decision, interpretation or determination appealed
from and shall make such order, requirement, decision, interpretation or
determination as in its opinion ought to have been made in the matter by
the administrative official charged with the enforcement of such
ordinance or local law and to that end shall have all the powers of the
administrative official from whose order, requirement, decision,
interpretation or determination the appeal is taken.
2. Use variances. (a) The board of appeals, on appeal from the
decision or determination of the administrative official charged with
the enforcement of such ordinance or local law, shall have the power to
grant use variances, as defined herein.
(b) No such use variance shall be granted by a board of appeals
without a showing by the applicant that applicable zoning regulations
and restrictions have caused unnecessary hardship. In order to prove
such unnecessary hardship the applicant shall demonstrate to the board
of appeals that for each and every permitted use under the zoning
regulations for the particular district where the property is located,
(1) the applicant cannot realize a reasonable return, provided that lack
of return is substantial as demonstrated by competent financial
evidence; (2) that the alleged hardship relating to the property in
question is unique, and does not apply to a substantial portion of the
district or neighborhood; (3) that the requested use variance, if
granted, will not alter the essential character of the neighborhood; and
(4) that the alleged hardship has not been self-created.
(c) The board of appeals, in the granting of use variances, shall
grant the minimum variance that it shall deem necessary and adequate to
address the unnecessary hardship proven by the applicant, and at the
same time preserve and protect the character of the neighborhood and the
health, safety and welfare of the community.
3. Area variances. (a) The zoning board of appeals shall have the
power, upon an appeal from a decision or determination of the
administrative official charged with the enforcement of such ordinance
or local law, to grant area variances as defined herein.
(b) In making its determination, the zoning board of appeals shall
take into consideration the benefit to the applicant if the variance is
granted, as weighed against the detriment to the health, safety and
welfare of the neighborhood or community by such grant. In making such
determination the board shall also consider: (1) whether an undesirable
change will be produced in the character of the neighborhood or a
detriment to nearby properties will be created by the granting of the
area variance; (2) whether the benefit sought by the applicant can be
achieved by some method, feasible for the applicant to pursue, other
than an area variance; (3) whether the requested area variance is
substantial; (4) whether the proposed variance will have an adverse
effect or impact on the physical or environmental conditions in the
neighborhood or district; and (5) whether the alleged difficulty was
self-created, which consideration shall be relevant to the decision of
the board of appeals, but shall not necessarily preclude the granting of
the area variance.
(c) The board of appeals, in the granting of area variances, shall
grant the minimum variance that it shall deem necessary and adequate and
at the same time preserve and protect the character of the neighborhood
and the health, safety and welfare of the community.
4. Imposition of conditions. The board of appeals shall, in the
granting of both use variances and area variances, have the authority to
impose such reasonable conditions and restrictions as are directly
related to and incidental to the proposed use of the property. Such
conditions shall be consistent with the spirit and intent of the zoning
ordinance or local law, and shall be imposed for the purpose of
minimizing any adverse impact such variance may have on the neighborhood
or community.
Article seventy-eight proceeding. 1. Application to supreme
court by aggrieved persons. Any person or persons, jointly or severally
aggrieved by any decision of the board of appeals or any officer,
department, board or bureau of the town, may apply to the supreme court
for review by a proceeding under article seventy-eight of the civil
practice law and rules. Such proceeding shall be instituted within
thirty days after the filing of a decision of the board in the office of
the town clerk.
2. Costs of appeal. Costs shall not be allowed against the board of
appeals unless it shall appear to the court that it acted with gross
negligence or in bad faith or with malice in making the decision
appealed from.
3. Preference of appeal to court. All issues in any proceeding under
this section shall have preference over all other civil actions and
proceedings.
4. Power of court. If upon the hearing at the supreme court, it shall
appear to the court that testimony is necessary for the proper
disposition of the matter, it may take evidence or appoint a referee to
take such evidence as it may direct and report the same to the court
with his or her findings of fact and conclusions of law, which shall
constitute a part of the proceedings upon which the determination of the
court shall be made. The court may reverse or affirm, wholly or partly,
or may modify the decision brought up for review determining all
questions which may be presented for determination.
Enforcement and remedies. 1. The town board may provide by
local law or ordinance for the enforcement of this article and of any
local law, ordinance or regulation made thereunder. A violation of this
article or of such local law, ordinance or regulation is hereby declared
to be an offense, punishable by a fine not exceeding three hundred fifty
dollars or imprisonment for a period not to exceed six months, or both
for conviction of a first offense; for conviction of a second offense
both of which were committed within a period of five years, punishable
by a fine not less than three hundred fifty dollars nor more than seven
hundred dollars or imprisonment for a period not to exceed six months,
or both; and, upon conviction for a third or subsequent offense all of
which were committed within a period of five years, punishable by a fine
not less than seven hundred dollars nor more than one thousand dollars
or imprisonment for a period not to exceed six months, or both. However,
for the purpose of conferring jurisdiction upon courts and judicial
officers generally, violations of this article or of such local law,
ordinance or regulation shall be deemed misdemeanors and for such
purpose only all provisions of law relating to misdemeanors shall apply
to such violations. Each week's continued violation shall constitute a
separate additional violation.
2. In case any building or structure is erected, constructed,
reconstructed, altered, converted or maintained, or any building,
structure or land is used, or any land is divided into lots, blocks, or
sites in violation of this article or of any local law, ordinance or
other regulation made under authority conferred thereby, the proper
local authorities of the town, in addition to other remedies, may
institute any appropriate action or proceedings to prevent such unlawful
erection, construction, reconstruction, alteration, conversion,
maintenance, use or division of land, to restrain, correct or abate such
violation, to prevent the occupancy of said building, structure, or land
or to prevent any illegal act, conduct, business or use in or about such
premises; and upon the failure or refusal of the proper local officer,
board or body of the town to institute any such appropriate action or
proceeding for a period of ten days after written request by a resident
taxpayer of the town so to proceed, any three taxpayers of the town
residing in the district wherein such violation exists, who are jointly
or severally aggrieved by such violation, may institute such appropriate
action or proceeding in like manner as such local officer, board or body
of the town is authorized to do.
Conflict with other laws. Wherever the regulations made under
authority of this article require a greater width or size of yards or
courts, or require a lower height of building or less number of stories,
or require a greater percentage of lot to be left unoccupied, or impose
other higher standards than are required in any other statute or local
law, ordinance or regulation, the provisions of the regulations made
under authority of this article shall govern. Whenever the provisions of
any other statute or local law, ordinance or regulation require a
greater width or size of yards or courts, or require a lower height of
building or a less number of stories, or require a greater percentage of
lot to be left unoccupied, or impose other higher standards, than are
required by the regulations made under authority of this article, the
provisions of such statute, or local law, ordinance or regulation shall
govern.
In towns where the town boards have already adopted a zoning ordinance
or local law, pursuant to the provisions of chapter three hundred
twenty-two of the laws of nineteen hundred twenty-two, or chapter seven
hundred fourteen or chapter seven hundred fifteen of the laws of
nineteen hundred twenty-six, such boards shall not be required to adopt
a new ordinance or local law, and all actions taken and proceedings had
by such town boards and boards of appeal under the provisions of said
chapter, are hereby ratified and confirmed.
All necessary expenses incurred by any such board in connection with
the adoption and enforcement of the zoning ordinance or local law shall
be a town charge.
Official map, establishment. The town board may establish an
official map of that part of the town outside the limits of any
incorporated city or village showing the streets, highways and parks
theretofore laid out, adopted and established by law and drainage
systems may also be shown on such map. Such map shall be final and
conclusive with respect to the location and width of streets and
highways, drainage systems and the location of parks shown thereon.
Such official map is hereby declared to be established to conserve and
protect the public health, safety and general welfare. The clerk of
every town which has established such an official map shall immediately
file a certificate of that fact with the clerk or registrar of the
county in which said town is located.
Planning board, creation, appointment. 1. Authorization. The
town board of each town is hereby authorized by local law or ordinance,
to create a planning board consisting of five or seven members and
shall, by resolution, appoint the members of such board and designate
the chairperson thereof. In the absence of a chairperson the planning
board may designate a member to serve as chairperson. The town board
may, as part of the local law or ordinance creating said planning board,
provide for the compensation of planning board members.
2. Appropriation for planning board. The town board is hereby
authorized and empowered to make such appropriation as it may see fit
for planning board expenses. In a town containing one or more villages,
or parts thereof, such charges and expenses less fees, if any collected,
shall be a charge upon the taxable property of that part of the town
outside of said villages and shall be assessed, levied and collected
therefrom in the same manner as other town charges. The planning board
shall have the power and authority to employ experts, clerks and a
secretary and to pay for their services, and to provide for such other
expenses as may be necessary and proper, not exceeding in all the
appropriation that may be made therefor by the town board for such
planning board.
3. Town board members ineligible. No person who is a member of the
town board shall be eligible for membership on such planning board.
4. Terms of members first appointed. The terms of members of the board
shall be for terms so fixed that the term of one member shall expire at
the end of the calendar year in which such members were initially
appointed. The terms of the remaining members shall be so fixed that one
term shall expire at the end of each calendar year thereafter. At the
expiration of the term of each member first appointed, his or her
successor shall be appointed for a term which shall be equal in years to
the number of members of the board.
5. Terms of members now in office. Members now holding office for
terms which do not expire at the end of a calendar year shall, upon the
expiration of their term, hold office until the end of the calendar year
and their successors shall then be appointed for terms which shall be
equal in years to the number of members of the board.
6. Increasing membership. Any town board may, by local law or
ordinance, increase a five member planning board to seven members.
Additional members shall be first appointed for single terms as provided
by resolution of the town board in order that the terms of members shall
expire in each of seven successive years and their successors shall
thereafter be appointed for full terms of seven years. No such
additional member shall take part in the consideration of any matter for
which an application was on file with the planning board at the time of
his or her appointment.
7. Decreasing membership. A town board which has seven members on the
planning board may by local law or ordinance, decrease the membership to
five, to take effect upon the next two expirations of terms. However, no
incumbent shall be removed from office except upon the expiration of his
or her term, except as hereinafter provided.
7-a. Training and attendance requirements. a. Each member of the
planning board shall complete, at a minimum, four hours of training each
year designed to enable such members to more effectively carry out their
duties. Training received by a member in excess of four hours in any one
year may be carried over by the member into succeeding years in order to
meet the requirements of this subdivision. Such training shall be
approved by the town board and may include, but not be limited to,
training provided by a municipality, regional or county planning office
or commission, county planning federation, state agency, statewide
municipal association, college or other similar entity. Training may be
provided in a variety of formats, including but not limited to,
electronic media, video, distance learning and traditional classroom
training.
b. To be eligible for reappointment to such board, such member shall
have completed the training promoted by the town pursuant to this
subdivision.
c. The training required by this subdivision may be waived or modified
by resolution of the town board when, in the judgment of the town board,
it is in the best interest of the town to do so.
d. No decision of a planning board shall be voided or declared invalid
because of a failure to comply with this subdivision.
8. Vacancy in office. If a vacancy shall occur otherwise than by
expiration of term, the town board shall appoint the new member for the
unexpired term.
9. Removal of members. The town board shall have the power to remove,
after public hearing, any member of the planning board for cause. Any
planning board member may be removed for non-compliance with minimum
requirements relating to meeting attendance and training as established
by the town board by local law or ordinance.
10. Chairperson duties. All meetings of the planning board shall be
held at the call of the chairperson and at such other times as such
board may determine. Such chairperson, or in his or her absence, the
acting chairperson, may administer oaths and compel the attendance of
witnesses.
11. Appointment of agricultural member. Notwithstanding any provision
of this chapter or of any general, special or local law or ordinance, a
town board may, if an agricultural district created pursuant to section
three hundred three of article twenty-five-AA of the agriculture and
markets law exists wholly or partly within the boundaries of such town,
include on the planning board one or more members each of whom derives
ten thousand dollars or more annual gross income from agricultural
pursuits in said town. As used in this subdivision, the term
"agricultural pursuits" means the production of crops, livestock and
livestock products, aquacultural products, and woodland products as
defined in section three hundred one of the agriculture and markets law.
12. Service on other planning boards. No person shall be disqualified
from serving as a member of the town planning board by reason of serving
as a member of a village or county planning board.
13. Rules and regulations. The planning board may recommend to the
town board regulations relating to any subject matter over which the
planning board has jurisdiction under this article or any other statute,
or under any local law or ordinance of the town. Adoption of any such
recommendations by the town board shall be by local law or ordinance.
14. Report on referred matters; general reports. a. The town board may
by resolution provide for the reference of any matter or class of
matters, other than those referred to in subdivision thirteen of this
section, to the planning board before final action is taken thereon by
the town board or other office or officer of said town having final
authority over said matter. The town board may further stipulate that
final action thereon shall not be taken until the planning board has
submitted its report thereon, or has had a reasonable time, to be fixed
by the town board in said resolution, to submit the report.
b. The planning board may review and make recommendations on a
proposed town comprehensive plan or amendment thereto. In addition, the
planning board shall have full power and authority to make
investigations, maps, reports and recommendations in connection
therewith relating to the planning and development of the town as it
seems desirable, providing the total expenditures of said board shall
not exceed the appropriation provided therefor.
15. Alternate members. a. A town board may, by local law or ordinance,
or as part of the local law or ordinance creating the planning board,
establish alternate planning board member positions for purposes of
substituting for a member in the event such member is unable to
participate because of a conflict of interest. Alternate members of the
planning board shall be appointed by resolution of the town board, for
terms established by the town board.
b. The chairperson of the planning board may designate an alternate
member to substitute for a member when such member is unable to
participate because of a conflict of interest on an application or
matter before the board. When so designated, the alternate member shall
possess all the powers and responsibilities of such member of the board.
Such designation shall be entered into the minutes of the initial
planning board meeting at which the substitution is made.
c. All provisions of this section relating to planning board member
training and continuing education, attendance, conflict of interest,
compensation, eligibility, vacancy in office, removal, and service on
other boards, shall also apply to alternate members.
16. Voting requirements. Every motion or resolution of a planning
board shall require for its adoption the affirmative vote of a majority
of all the members of the planning board. Where an action is the subject
of a referral to the county planning agency or regional planning council
the voting provisions of sections two hundred thirty-nine-m and two
hundred thirty-nine-n of the general municipal law shall apply.
Town comprehensive plan. 1. Legislative findings and intent.
The legislature hereby finds and determines that:
(a) Significant decisions and actions affecting the immediate and
long-range protection, enhancement, growth and development of the state
and its communities are made by local governments.
(b) Among the most important powers and duties granted by the
legislature to a town government is the authority and responsibility to
undertake town comprehensive planning and to regulate land use for the
purpose of protecting the public health, safety and general welfare of
its citizens.
(c) The development and enactment by the town government of a town
comprehensive plan which can be readily identified, and is available for
use by the public, is in the best interest of the people of each town.
(d) The great diversity of resources and conditions that exist within
and among the towns of the state compels the consideration of such
diversity in the development of each town comprehensive plan.
(e) The participation of citizens in an open, responsible and flexible
planning process is essential to the designing of the optimum town
comprehensive plan.
(f) The town comprehensive plan is a means to promote the health,
safety and general welfare of the people of the town and to give due
consideration to the needs of the people of the region of which the town
is a part.
(g) The comprehensive plan fosters cooperation among governmental
agencies planning and implementing capital projects and municipalities
that may be directly affected thereby.
(h) It is the intent of the legislature to encourage, but not to
require, the preparation and adoption of a comprehensive plan pursuant
to this section. Nothing herein shall be deemed to affect the status or
validity of existing master plans, comprehensive plans, or land use
plans.
2. Definitions. As used in this section, the term:
(a) "town comprehensive plan" means the materials, written and/or
graphic, including but not limited to maps, charts, studies,
resolutions, reports and other descriptive material that identify the
goals, objectives, principles, guidelines, policies, standards, devices
and instruments for the immediate and long-range protection,
enhancement, growth and development of the town located outside the
limits of any incorporated village or city.
(b) "land use regulation" means an ordinance or local law enacted by
the town for the regulation of any aspect of land use and community
resource protection and includes any zoning, subdivision, special use
permit or site plan regulation or any other regulation which prescribes
the appropriate use of property or the scale, location and intensity of
development.
(c) "special board" means a board consisting of one or more members of
the planning board and such other members as are appointed by the town
board to prepare a proposed comprehensive plan and/or an amendment
thereto.
3. Content of a town comprehensive plan. The town comprehensive plan
may include the following topics at the level of detail adapted to the
special requirements of the town:
(a) General statements of goals, objectives, principles, policies, and
standards upon which proposals for the immediate and long-range
enhancement, growth and development of the town are based.
(b) Consideration of regional needs and the official plans of other
government units and agencies within the region.
(c) The existing and proposed location and intensity of land uses.
(d) Consideration of agricultural uses, historic and cultural
resources, coastal and natural resources and sensitive environmental
areas.
(e) Consideration of population, demographic and socio-economic trends
and future projections.
(f) The location and types of transportation facilities.
(g) Existing and proposed general location of public and private
utilities and infrastructure.
(h) Existing housing resources and future housing needs, including
affordable housing.
(i) The present and future general location of educational and
cultural facilities, historic sites, health facilities and facilities
for emergency services.
(j) Existing and proposed recreation facilities and parkland.
(k) The present and potential future general location of commercial
and industrial facilities.
(l) Specific policies and strategies for improving the local economy
in coordination with other plan topics.
(m) Proposed measures, programs, devices, and instruments to implement
the goals and objectives of the various topics within the comprehensive
plan.
(n) All or part of the plan of another public agency.
(o) Any and all other items which are consistent with the orderly
growth and development of the town.
4. Preparation. The town board, or by resolution of such town board,
the planning board or a special board, may prepare a proposed town
comprehensive plan and amendments thereto. In the event the planning
board or special board is directed to prepare a proposed comprehensive
plan or amendment thereto, such board shall, by resolution, recommend
such proposed plan or amendment to the town board.
5. Referrals. (a) Any proposed comprehensive plan or amendment thereto
that is prepared by the town board or a special board may be referred to
the town planning board for review and recommendation before action by
the town board.
(b) The town board shall, prior to adoption, refer the proposed
comprehensive plan or any amendment thereto to the county planning board
or agency or regional planning council for review and recommendation as
required by section two hundred thirty-nine-m of the general municipal
law. In the event the proposed plan or amendment thereto is prepared by
the town planning board or a special board, such board may request
comment on such proposed plan or amendment from the county planning
board or agency or regional planning council.
6. Public hearings; notice. (a) In the event the town board prepares a
proposed town comprehensive plan or amendment thereto, the town board
shall hold one or more public hearings and such other meetings as it
deems necessary to assure full opportunity for citizen participation in
the preparation of such proposed plan or amendment, and in addition, the
town board shall hold one or more public hearings prior to adoption of
such proposed plan or amendment.
(b) In the event the town board has directed the planning board or a
special board to prepare a proposed comprehensive plan or amendment
thereto, the board preparing the plan shall hold one or more public
hearings and such other meetings as it deems necessary to assure full
opportunity for citizen participation in the preparation of such
proposed plan or amendment. The town board shall, within ninety days of
receiving the planning board or special board's recommendations on such
proposed plan or amendment, and prior to adoption of such proposed plan
or amendment, hold a public hearing on such proposed plan or amendment.
(c) Notice of a public hearing shall be published in a newspaper of
general circulation in the town at least ten calendar days in advance of
the hearing. The proposed comprehensive plan or amendment thereto shall
be made available for public review during said period at the office of
the town clerk and may be made available at any other place, including a
public library.
7. Adoption. The town board may adopt by resolution a town
comprehensive plan or any amendment thereto.
8. Environmental review. A town comprehensive plan, and any amendment
thereto, is subject to the provisions of the state environmental quality
review act under article eight of the environmental conservation law and
its implementing regulations. A town comprehensive plan may be designed
to also serve as, or be accompanied by, a generic environmental impact
statement pursuant to the state environmental quality review act statute
and regulations. No further compliance with such law is required for
subsequent site specific actions that are in conformance with the
conditions and thresholds established for such actions in the generic
environmental impact statement and its findings.
9. Agricultural review and coordination. A town comprehensive plan and
any amendments thereto, for a town containing all or part of an
agricultural district or lands receiving agricultural assessments within
its jurisdiction, shall continue to be subject to the provisions of
article twenty-five-AA of the agriculture and markets law relating to
the enactment and administration of local laws, ordinances, rules or
regulations. A newly adopted or amended town comprehensive plan shall
take into consideration applicable county agricultural and farmland
protection plans as created under article twenty-five-AAA of the
agriculture and markets law.
10. Periodic review. The town board shall provide, as a component of
such proposed comprehensive plan, the maximum intervals at which the
adopted plan shall be reviewed.
11. Effect of adoption of the town comprehensive plan. (a) All town
land use regulations must be in accordance with a comprehensive plan
adopted pursuant to this section.
(b) All plans for capital projects of another governmental agency on
land included in the town comprehensive plan adopted pursuant to this
section shall take such plan into consideration.
12. Filing of town comprehensive plan. The adopted town comprehensive
plan and any amendments thereto shall be filed in the office of the town
clerk and a copy thereof shall be filed in the office of the county
planning agency.
Official map, changes. Such town board is authorized and
empowered, whenever and as often as it may deem it for the public
interest, to change or add to the official map of the town so as to lay
out new streets, highways, drainage systems or parks, or to widen or
close existing streets, highways, drainage systems or parks within that
part of the town outside the limits of any incorporated city or village.
At least ten days' notice of a public hearing on any proposed action
with reference to any such change in the official map shall be published
in a newspaper of general circulation in such town. Before making any
such addition or change, the town board shall refer the matter to the
planning board for report thereon, but if the planning board shall not
make its report within thirty days of such reference, it shall forfeit
the right further to suspend action. Such additions and changes, when
adopted, shall become a part of the official map of the town, and shall
be deemed to be final and conclusive with respect to the location of the
streets, highways, drainage systems and parks shown thereon. The layout,
widening or closing, or the approval of the layout, widening or closing,
of streets, highways, drainage systems or parks, by the town board, or
the town superintendent of highways, under provisions of law other than
those contained in this article, shall be deemed to be an addition or
change of the official map, and shall be subject to all the provisions
of this article with regard to such additions or changes.
Site plan review. 1. Definition of site plan. As used in this
section the term "site plan" shall mean a rendering, drawing, or sketch
prepared to specifications and containing necessary elements, as set
forth in the applicable zoning ordinance or local law, which shows the
arrangement, layout and design of the proposed use of a single parcel of
land as shown on said plan. Plats showing lots, blocks or sites which
are subject to review pursuant to authority provided for the review of
subdivisions under section two hundred seventy-six of this article shall
continue to be subject to such review and shall not be subject to review
as site plans under this section.
2. Approval of site plans. (a) The town board may, as part of a zoning
ordinance or local law adopted pursuant to this article or other
enabling law, authorize the planning board or such other administrative
body that it shall so designate, to review and approve, approve with
modifications or disapprove site plans prepared to specifications set
forth in the ordinance or local law and/or in regulations of such
authorized board. Site plans shall show the arrangement, layout and
design of the proposed use of the land on said plan. The ordinance or
local law shall specify the land uses that require site plan approval
and the elements to be included on plans submitted for approval. The
required site plan elements which are included in the zoning ordinance
or local law may include, where appropriate, those related to parking,
means of access, screening, signs, landscaping, architectural features,
location and dimensions of buildings, adjacent land uses and physical
features meant to protect adjacent land uses as well as any additional
elements specified by the town board in such zoning ordinance or local
law.
(b) When an authorization to approve site plans is granted by the town
board pursuant to this section, the terms thereof may condition the
issuance of a building permit upon such approval.
3. Application for area variance. Notwithstanding any provision of law
to the contrary, where a proposed site plan contains one or more
features which do not comply with the zoning regulations, application
may be made to the zoning board of appeals for an area variance pursuant
to section two hundred sixty-seven-b of this article, without the
necessity of a decision or determination of an administrative official
charged with the enforcement of the zoning regulations.
4. Conditions attached to the approval of site plans. The authorized
board shall have the authority to impose such reasonable conditions and
restrictions as are directly related to and incidental to a proposed
site plan. Upon its approval of said site plan, any such conditions must
be met in connection with the issuance of permits by applicable
enforcement agents or officers of the town.
5. Waiver of requirements. The town board may further empower the
authorized board to, when reasonable, waive any requirements for the
approval, approval with modifications or disapproval of site plans
submitted for approval. Any such waiver, which shall be subject to
appropriate conditions set forth in the ordinance or local law adopted
pursuant to this section, may be exercised in the event any such
requirements are found not to be requisite in the interest of the public
health, safety or general welfare or inappropriate to a particular site
plan.
6. Reservation of parkland on site plans containing residential units.
(a) Before such authorized board may approve a site plan containing
residential units, such site plan shall also show, when required by such
board, a park or parks suitably located for playground or other
recreational purposes.
(b) Land for park, playground or other recreational purposes may not
be required until the authorized board has made a finding that a proper
case exists for requiring that a park or parks be suitably located for
playgrounds or other recreational purposes within the town. Such
findings shall include an evaluation of the present and anticipated
future needs for park and recreational facilities in the town based on
projected population growth to which the particular site plan will
contribute.
(c) In the event the authorized board makes a finding pursuant to
paragraph (b) of this subdivision that the proposed site plan presents a
proper case for requiring a park or parks suitably located for
playgrounds or other recreational purposes, but that a suitable park or
parks of adequate size to meet the requirement cannot be properly
located on such site plan, the authorized board may require a sum of
money in lieu thereof to be established by the town board. In making
such determination of suitability, the board shall assess the size and
suitability of lands shown on the site plan which could be possible
locations for park or recreational facilities, as well as practical
factors including whether there is a need for additional facilities in
the immediate neighborhood. Any monies required by the authorized board
in lieu of land for park, playground or other recreational purposes,
pursuant to the provisions of this section, shall be deposited into a
trust fund to be used by the town exclusively for park, playground or
other recreational purposes, including the acquisition of property.
(d) Notwithstanding the foregoing provisions of this subdivision, if
the land included in a site plan under review is a portion of a
subdivision plat which has been reviewed and approved pursuant to
section two hundred seventy-six of this article, the authorized board
shall credit the applicant for any land set aside or money donated in
lieu thereof under such subdivision plat approval. In the event of
resubdivision of such plat, nothing shall preclude the additional
reservation of parkland or money donated in lieu thereof.
7. Performance bond or other security. As an alternative to the
installation of required infrastructure and improvements, prior to
approval by the authorized board, a performance bond or other security
sufficient to cover the full cost of the same, as estimated by the
authorized board or a town department designated by the authorized board
to make such estimate, where such departmental estimate is deemed
acceptable by the authorized board, shall be furnished to the town by
the owner. Such security shall be provided to the town pursuant to the
provisions of subdivision nine of section two hundred seventy-seven of
this article.
8. Public hearing and decision on site plans. In the event a public
hearing is required by ordinance or local law adopted by the town board,
the authorized board shall conduct a public hearing within sixty-two
days from the day an application is received on any matter referred to
it under this section. The authorized board shall mail notice of said
hearing to the applicant at least ten days before said hearing and shall
give public notice of said hearing in a newspaper of general circulation
in the town at least five days prior to the date thereof and shall make
a decision on the application within sixty-two days after such hearing,
or after the day the application is received if no hearing has been
held. The time within which the authorized board must render its
decision may be extended by mutual consent of the applicant and such
board. The decision of the authorized board shall be filed in the office
of the town clerk within five business days after such decision is
rendered, and a copy thereof mailed to the applicant. Nothing herein
shall preclude the holding of a public hearing on any matter on which a
public hearing is not so required.
9. Notice to county planning board or agency or regional planning
council. At least ten days before such hearing, the authorized board
shall mail notices thereof to the county planning board or agency or
regional planning council, as required by section two hundred
thirty-nine-m of the general municipal law, which notice shall be
accompanied by a full statement of such proposed action, as defined in
subdivision one of section two hundred thirty-nine-m of the general
municipal law. In the event a public hearing is not required, such
proposed action shall be referred before final action is taken thereon.
10. Compliance with state environmental quality review act. The
authorized board shall comply with the provisions of the state
environmental quality review act under article eight of the
environmental conservation law and its implementing regulations.
11. Court review. Any person aggrieved by a decision of the authorized
board or any officer, department, board or bureau of the town may apply
to the supreme court for review by a proceeding under article
seventy-eight of the civil practice law and rules. Such proceedings
shall be instituted within thirty days after the filing of a decision by
such board in the office of the town clerk. The court may take evidence
or appoint a referee to take such evidence as it may direct, and report
the same, with findings of fact and conclusions of law, if it shall
appear that testimony is necessary for the proper disposition of the
matter. The court shall itself dispose of the matter on the merits,
determining all questions which may be presented for determination.
12. Costs. Costs shall not be allowed against the authorized board
unless it shall appear to the court that it acted with gross negligence,
in bad faith, or with malice in making the decision appealed from.
13. Preference. All issues addressed by the court in any proceeding
under this section shall have preference over all civil actions and
proceedings.
Approval of special use permits. 1. Definition of special use
permit. As used in this section the term "special use permit" shall mean
an authorization of a particular land use which is permitted in a zoning
ordinance or local law, subject to requirements imposed by such zoning
ordinance or local law to assure that the proposed use is in harmony
with such zoning ordinance or local law and will not adversely affect
the neighborhood if such requirements are met.
2. Approval of special use permits. The town board may, as part of a
zoning ordinance or local law adopted pursuant to this article or other
enabling law, authorize the planning board or such other administrative
body that it shall designate to grant special use permits as set forth
in such zoning ordinance or local law.
3. Application for area variance. Notwithstanding any provision of law
to the contrary, where a proposed special use permit contains one or
more features which do not comply with the zoning regulations,
application may be made to the zoning board of appeals for an area
variance pursuant to section two hundred sixty-seven-b of this article,
without the necessity of a decision or determination of an
administrative official charged with the enforcement of the zoning
regulations.
4. Conditions attached to the issuance of special use permits. The
authorized board shall have the authority to impose such reasonable
conditions and restrictions as are directly related to and incidental to
the proposed special use permit. Upon its granting of said special use
permit, any such conditions must be met in connection with the issuance
of permits by applicable enforcement agents or officers of the town.
5. Waiver of requirements. The town board may further empower the
authorized board to, when reasonable, waive any requirements for the
approval, approval with modifications or disapproval of special use
permits submitted for approval. Any such waiver, which shall be subject
to appropriate conditions set forth in the ordinance or local law
adopted pursuant to this section, may be exercised in the event any such
requirements are found not to be requisite in the interest of the public
health, safety or general welfare or inappropriate to a particular
special use permit.
6. Public hearing and decision on special use permits. The authorized
board shall conduct a public hearing within sixty-two days from the day
an application is received on any matter referred to it under this
section. Public notice of said hearing shall be printed in a newspaper
of general circulation in the town at least five days prior to the date
thereof. The authorized board shall decide upon the application within
sixty-two days after the hearing. The time within which the authorized
board must render its decision may be extended by mutual consent of the
applicant and the board. The decision of the authorized board on the
application after the holding of the public hearing shall be filed in
the office of the town clerk within five business days after such
decision is rendered, and a copy thereof mailed to the applicant.
7. Notice to applicant and county planning board or agency or regional
planning council. At least ten days before such hearing, the authorized
board shall mail notices thereof to the applicant and to the county
planning board or agency or regional planning council, as required by
section two hundred thirty-nine-m of the general municipal law, which
notice shall be accompanied by a full statement of such proposed action,
as defined in subdivision one of section two hundred thirty-nine-m of
the general municipal law.
8. Compliance with state environmental quality review act. The
authorized board shall comply with the provisions of the state
environmental quality review act under article eight of the
environmental conservation law and its implementing regulations.
9. Court review. Any person aggrieved by a decision of the planning
board or such other designated body or any officer, department, board or
bureau of the town may apply to the supreme court for review by a
proceeding under article seventy-eight of the civil practice law and
rules. Such proceedings shall be instituted within thirty days after the
filing of a decision by such board in the office of the town clerk. The
court may take evidence or appoint a referee to take such evidence as it
may direct, and report the same, with findings of fact and conclusions
of law, if it shall appear that testimony is necessary for the proper
disposition of the matter. The court shall itself dispose of the matter
on the merits, determining all questions which may be presented for
determination.
10. Costs. Costs shall not be allowed against the planning board or
other administrative body designated by the town board unless it shall
appear to the court that it acted with gross negligence, in bad faith,
or with malice in making the decision appealed from.
11. Preference. All issues addressed by the court in any proceeding
under this section shall have preference over all civil actions and
proceedings.
Subdivision review; approval of plats; development of filed
plats. 1. Purpose. For the purpose of providing for the future growth
and development of the town and affording adequate facilities for the
housing, transportation, distribution, comfort, convenience, safety,
health and welfare of its population, the town board may, by resolution,
authorize and empower the planning board to approve preliminary and
final plats of subdivisions showing lots, blocks or sites, with or
without streets or highways, within that part of the town outside the
limits of any incorporated village.
2. Authorization for review of previously filed plats. For the same
purposes and under the same conditions, the town board may, by
resolution, authorize and empower the planning board to approve the
development of plats, entirely or partially undeveloped, which were
filed in the office of the clerk of the county in which such plat is
located prior to the appointment of such planning board and grant to the
board the power to approve such plats. The term "undeveloped" shall mean
those plats where twenty percent or more of the lots within the plat are
unimproved unless existing conditions, such as poor drainage, have
prevented their development.
3. Filing of certificate. The clerk of every town which has authorized
its planning board to approve plats as set forth herein shall
immediately file a certificate of that fact with the clerk or register
of the county in which such town is located.
4. Definitions. When used in this article the following terms shall
have the respective meanings set forth herein except where the context
shows otherwise:
(a) "Subdivision" means the division of any parcel of land into a
number of lots, blocks or sites as specified in a local ordinance, law,
rule or regulation, with or without streets or highways, for the purpose
of sale, transfer of ownership, or development. The term "subdivision"
may include any alteration of lot lines or dimensions of any lots or
sites shown on a plat previously approved and filed in the office of the
county clerk or register of the county in which such plat is located.
Subdivisions may be defined and delineated by local regulation, as
either "major" or "minor", with the review procedures and criteria for
each set forth in such local regulations.
(b) "Preliminary plat" means a drawing prepared in a manner prescribed
by local regulation showing the layout of a proposed subdivision
including, but not restricted to, road and lot layout and approximate
dimensions, key plan, topography and drainage, all proposed facilities
unsized, including preliminary plans and profiles, at suitable scale and
in such detail as local regulation may require.
(c) "Preliminary plat approval" means the approval of the layout of a
proposed subdivision as set forth in a preliminary plat but subject to
the approval of the plat in final form in accordance with the provisions
of this section.
(d) "Final plat" means a drawing prepared in a manner prescribed by
local regulation, that shows a proposed subdivision, containing in such
additional detail as shall be provided by local regulation all
information required to be shown on a preliminary plat and the
modifications, if any, required by the planning board at the time of
approval of the preliminary plat if such preliminary plat has been so
approved.
(e) "Conditional approval of a final plat" means approval by a
planning board of a final plat subject to conditions set forth by the
planning board in a resolution conditionally approving such plat. Such
conditional approval does not qualify a final plat for recording nor
authorize issuance of any building permits prior to the signing of the
plat by a duly authorized officer of the planning board and recording of
the plat in the office of the county clerk or register as herein
provided.
(f) "Final plat approval" means the signing of a plat in final form by
a duly authorized officer of a planning board pursuant to a planning
board resolution granting final approval to the plat or after conditions
specified in a resolution granting conditional approval of the plat are
completed. Such final approval qualifies the plat for recording in the
office of the county clerk or register in the county in which such plat
is located.
5. Approval of preliminary plats. (a) Submission of preliminary plats.
All plats shall be submitted to the planning board for approval in final
form provided, however, that where the planning board has been
authorized to approve preliminary plats, the owner may submit or the
planning board may require that the owner submit a preliminary plat for
consideration. Such a preliminary plat shall be clearly marked
"preliminary plat" and shall conform to the definition provided in this
section.
(b) Coordination with the state environmental quality review act. The
planning board shall comply with the provisions of the state
environmental quality review act under article eight of the
environmental conservation law and its implementing regulations.
(c) Receipt of a complete preliminary plat. A preliminary plat shall
not be considered complete until a negative declaration has been filed
or until a notice of completion of the draft environmental impact
statement has been filed in accordance with the provisions of the state
environmental quality review act. The time periods for review of a
preliminary plat shall begin upon filing of such negative declaration or
such notice of completion.
(d) Planning board as lead agency under the state environmental
quality review act; public hearing; notice; decision.
(i) Public hearing on preliminary plats. The time within which the
planning board shall hold a public hearing on the preliminary plat shall
be coordinated with any hearings the planning board may schedule
pursuant to the state environmental quality review act, as follows:
(1) If such board determines that the preparation of an environmental
impact statement on the preliminary plat is not required, the public
hearing on such plat shall be held within sixty-two days after the
receipt of a complete preliminary plat by the clerk of the planning
board; or
(2) If such board determines that an environmental impact statement is
required, and a public hearing on the draft environmental impact
statement is held, the public hearing on the preliminary plat and the
draft environmental impact statement shall be held jointly within
sixty-two days after the filing of the notice of completion of such
draft environmental impact statement in accordance with the provisions
of the state environmental quality review act. If no public hearing is
held on the draft environmental impact statement, the public hearing on
the preliminary plat shall be held within sixty-two days of filing the
notice of completion.
(ii) Public hearing; notice, length. The hearing on the preliminary
plat shall be advertised at least once in a newspaper of general
circulation in the town at least five days before such hearing if no
hearing is held on the draft environmental impact statement, or fourteen
days before a hearing held jointly therewith. The planning board may
provide that the hearing be further advertised in such manner as it
deems most appropriate for full public consideration of such preliminary
plat. The hearing on the preliminary plat shall be closed upon motion of
the planning board within one hundred twenty days after it has been
opened.
(iii) Decision. The planning board shall approve, with or without
modification, or disapprove such preliminary plat as follows:
(1) If the planning board determines that the preparation of an
environmental impact statement on the preliminary plat is not required
such board shall make its decision within sixty-two days after the close
of the public hearing; or
(2) If the planning board determines that an environmental impact
statement is required, and a public hearing is held on the draft
environmental impact statement, the final environmental impact statement
shall be filed within forty-five days following the close of such public
hearing in accordance with the provisions of the state environmental
quality review act. If no public hearing is held on the draft
environmental impact statement, the final environmental impact statement
shall be filed within forty-five days following the close of the public
hearing on the preliminary plat. Within thirty days of the filing of
such final environmental impact statement, the planning board shall
issue findings on the final environmental impact statement and make its
decision on the preliminary plat.
(iv) Grounds for decision. The grounds for a modification, if any, or
the grounds for disapproval shall be stated upon the records of the
planning board. When so approving a preliminary plat, the planning board
shall state in writing any modifications it deems necessary for
submission of the plat in final form.
(e) Planning board not as lead agency under the state environmental
quality review act; public hearing; notice; decision.
(i) Public hearing on preliminary plats. The planning board shall,
with the agreement of the lead agency, hold the public hearing on the
preliminary plat jointly with the lead agency's hearing on the draft
environmental impact statement. Failing such agreement or if no public
hearing is held on the draft environmental impact statement, the
planning board shall hold the public hearing on the preliminary plat
within sixty-two days after the receipt of a complete preliminary plat
by the clerk of the planning board.
(ii) Public hearing; notice, length. The hearing on the preliminary
plat shall be advertised at least once in a newspaper of general
circulation in the town at least five days before such hearing if held
independently of the hearing on the draft environmental impact
statement, or fourteen days before a hearing held jointly therewith. The
planning board may provide that the hearing be further advertised in
such manner as it deems most appropriate for full public consideration
of such preliminary plat. The hearing on the preliminary plat shall be
closed upon motion of the planning board within one hundred twenty days
after it has been opened.
(iii) Decision. The planning board shall by resolution approve with or
without modification or disapprove the preliminary plat as follows:
(1) If the preparation of an environmental impact statement on the
preliminary plat is not required, the planning board shall make its
decision within sixty-two days after the close of the public hearing on
the preliminary plat.
(2) If an environmental impact statement is required, the planning
board shall make its own findings and its decision on the preliminary
plat within sixty-two days after the close of the public hearing on such
preliminary plat or within thirty days of the adoption of findings by
the lead agency, whichever period is longer.
(iv) Grounds for decision. The grounds for a modification, if any, or
the grounds for disapproval shall be stated upon the records of the
planning board. When so approving a preliminary plat, the planning board
shall state in writing any modifications it deems necessary for
submission of the plat in final form.
(f) Certification and filing of preliminary plat. Within five business
days of the adoption of the resolution granting approval of such
preliminary plat, such plat shall be certified by the clerk of the
planning board as having been granted preliminary approval and a copy of
the plat and resolution shall be filed in such clerk's office. A copy of
the resolution shall be mailed to the owner.
(g) Filing of decision on preliminary plat. Within five business days
from the date of the adoption of the resolution stating the decision of
the board on the preliminary plat, the chairman or other duly authorized
member of the planning board shall cause a copy of such resolution to be
filed in the office of the town clerk.
(h) Revocation of approval of preliminary plat. Within six months of
the approval of the preliminary plat the owner must submit the plat in
final form. If the final plat is not submitted within six months,
approval of the preliminary plat may be revoked by the planning board.
6. Approval of final plats. (a) Submission of final plats. Final plats
shall conform to the definition provided by this section.
(b) Final plats which are in substantial agreement with approved
preliminary plats. When a final plat is submitted which the planning
board deems to be in substantial agreement with a preliminary plat
approved pursuant to this section, the planning board shall by
resolution conditionally approve with or without modification,
disapprove, or grant final approval and authorize the signing of such
plat, within sixty-two days of its receipt by the clerk of the planning
board.
(c) Final plats when no preliminary plat is required to be submitted;
receipt of complete final plat. When no preliminary plat is required to
be submitted, a final plat shall not be considered complete until a
negative declaration has been filed or until a notice of completion of
the draft environmental impact statement has been filed in accordance
with the provisions of the state environmental quality review act. The
time periods for review of such plat shall begin upon filing of such
negative declaration or such notice of completion.
(d) Final plats; not in substantial agreement with approved
preliminary plats, or when no preliminary plat is required to be
submitted. When a final plat is submitted which the planning board deems
not to be in substantial agreement with a preliminary plat approved
pursuant to this section, or when no preliminary plat is required to be
submitted and a final plat clearly marked "final plat" is submitted
conforming to the definition provided by this section the following
shall apply:
(i) Planning board as lead agency; public hearing; notice; decision.
(1) Public hearing on final plats. The time within which the planning
board shall hold a public hearing on such final plat shall be
coordinated with any hearings the planning board may schedule pursuant
to the state environmental quality review act, as follows:
(a) if such board determines that the preparation of an environmental
impact statement is not required, the public hearing on a final plat not
in substantial agreement with a preliminary plat, or on a final plat
when no preliminary plat is required to be submitted, shall be held
within sixty-two days after the receipt of a complete final plat by the
clerk of the planning board; or
(b) if such board determines that an environmental impact statement is
required, and a public hearing on the draft environmental impact
statement is held, the public hearing on the final plat and the draft
environmental impact statement shall be held jointly within sixty-two
days after the filing of the notice of completion of such draft
environmental impact statement in accordance with the provisions of the
state environmental quality review act. If no public hearing is held on
the draft environmental impact statement, the public hearing on the
final plat shall be held within sixty-two days following filing of the
notice of completion.
(2) Public hearing; notice, length. The hearing on the final plat
shall be advertised at least once in a newspaper of general circulation
in the town at least five days before such hearing if no hearing is held
on the draft environmental impact statement, or fourteen days before a
hearing held jointly therewith. The planning board may provide that the
hearing be further advertised in such manner as it deems most
appropriate for full public consideration of such final plat. The
hearing on the final plat shall be closed upon motion of the planning
board within one hundred twenty days after it has been opened.
(3) Decision. The planning board shall make its decision on the final
plat as follows:
(a) if such board determines that the preparation of an environmental
impact statement on the final plat is not required, the planning board
shall by resolution conditionally approve, with or without modification,
disapprove, or grant final approval and authorize the signing of such
plat, within sixty-two days after the date of the public hearing; or
(b) if such board determines that an environmental impact statement is
required, and a public hearing is held on the draft environmental impact
statement, the final environmental impact statement shall be filed
within forty-five days following the close of such public hearing in
accordance with the provisions of the state environmental quality review
act. If no public hearing is held on the draft environmental impact
statement, the final environmental impact statement shall be filed
within forty-five days following the close of the public hearing on the
final plat. Within thirty days of the filing of the final environmental
impact statement, the planning board shall issue findings on such final
environmental impact statement and shall by resolution conditionally
approve, with or without modification, disapprove, or grant final
approval and authorize the signing of such plat.
(4) Grounds for decision. The grounds for a modification, if any, or
the grounds for disapproval shall be stated upon the records of the
planning board.
(ii) Planning board not as lead agency; public hearing; notice;
decision.
(1) Public hearing. The planning board shall, with the agreement of
the lead agency, hold the public hearing on the final plat jointly with
the lead agency's hearing on the draft environmental impact statement.
Failing such agreement or if no public hearing is held on the draft
environmental impact statement, the planning board shall hold the public
hearing on the final plat within sixty-two days after the receipt of a
complete final plat by the clerk of the planning board.
(2) Public hearing; notice, length. The hearing on the final plat
shall be advertised at least once in a newspaper of general circulation
in the town at least five days before such hearing if held independently
of the hearing on the draft environmental impact statement, or fourteen
days before a hearing held jointly therewith. The planning board may
provide that the hearing be further advertised in such manner as it
deems most appropriate for full public consideration of such final plat.
The hearing on the final plat shall be closed upon motion of the
planning board within one hundred twenty days after it has been opened.
(3) Decision. The planning board shall by resolution conditionally
approve, with or without modification, disapprove, or grant final
approval and authorize the signing of such plat as follows:
(a) If the preparation of an environmental impact statement on the
final plat is not required, the planning board shall make its decision
within sixty-two days after the close of the public hearing on the final
plat.
(b) If an environmental impact statement is required, the planning
board shall make its own findings and its decision on the final plat
within sixty-two days after the close of the public hearing on such
final plat or within thirty days of the adoption of findings by the lead
agency, whichever period is longer. The grounds for a modification, if
any, or the grounds for disapproval shall be stated upon the records of
the planning board.
7. Approval and certification of final plats. (a) Certification of
plat. Within five business days of the adoption of the resolution
granting conditional or final approval of the final plat, such plat
shall be certified by the clerk of the planning board as having been
granted conditional or final approval and a copy of such resolution and
plat shall be filed in such clerk's office. A copy of the resolution
shall be mailed to the owner. In the case of a conditionally approved
plat, such resolution shall include a statement of the requirements
which when completed will authorize the signing thereof. Upon completion
of such requirements the plat shall be signed by said duly authorized
officer of the planning board and a copy of such signed plat shall be
filed in the office of the clerk of the planning board or filed with the
town clerk as determined by the town board.
(b) Approval of plat in sections. In granting conditional or final
approval of a plat in final form, the planning board may permit the plat
to be subdivided and developed in two or more sections and may in its
resolution granting conditional or final approval state that such
requirements as it deems necessary to insure the orderly development of
the plat be completed before said sections may be signed by the duly
authorized officer of the planning board. Conditional or final approval
of the sections of a final plat may be granted concurrently with
conditional or final approval of the entire plat, subject to any
requirements imposed by the planning board.
(c) Duration of conditional approval of final plat. Conditional
approval of the final plat shall expire within one hundred eighty days
after the resolution granting such approval unless all requirements
stated in such resolution have been certified as completed. The planning
board may extend for periods of ninety days each, the time in which a
conditionally approved plat must be submitted for signature if, in the
planning board's opinion, such extension is warranted by the particular
circumstances.
8. Default approval of preliminary or final plat. The time periods
prescribed herein within which a planning board must take action on a
preliminary plat or a final plat are specifically intended to provide
the planning board and the public adequate time for review and to
minimize delays in the processing of subdivision applications. Such
periods may be extended only by mutual consent of the owner and the
planning board. In the event a planning board fails to take action on a
preliminary plat or a final plat within the time prescribed therefor
after completion of all requirements under the state environmental
quality review act, or within such extended period as may have been
established by the mutual consent of the owner and the planning board,
such preliminary or final plat shall be deemed granted approval. The
certificate of the town clerk as to the date of submission of the
preliminary or final plat and the failure of the planning board to take
action within the prescribed time shall be issued on demand and shall be
sufficient in lieu of written endorsement or other evidence of approval
herein required.
9. Filing of decision on final plat. Within five business days from
the date of the adoption of the resolution stating the decision of the
board on the final plat, the chairman or other duly authorized member of
the planning board shall cause a copy of such resolution to be filed in
the office of the town clerk.
10. Notice to county planning board or agency or regional planning
council. When a county planning board or agency or a regional planning
council has been authorized to review subdivision plats pursuant to
section two hundred thirty-nine-n of the general municipal law, the
clerk of the planning board shall refer all applicable preliminary and
final plats to such county planning board or agency or regional planning
council as provided in that section.
11. Filing of final plat; expiration of approval. The owner shall file
in the office of the county clerk or register such approved final plat
or a section of such plat within sixty-two days from the date of final
approval or such approval shall expire. The following shall constitute
final approval: the signature of the duly authorized officer of the
planning board constituting final approval by the planning board of a
plat as herein provided; or the approval by such board of the
development of a plat or plats already filed in the office of the county
clerk or register of the county in which such plat or plats are located
if such plats are entirely or partially undeveloped; or the certificate
of the town clerk as to the date of the submission of the final plat and
the failure of the planning board to take action within the time herein
provided. In the event the owner shall file only a section of such
approved plat in the office of the county clerk or register, the entire
approved plat shall be filed within thirty days of the filing of such
section with the town clerk in each town in which any portion of the
land described in the plat is situated. Such section shall encompass at
least ten percent of the total number of lots contained in the approved
plat and the approval of the remaining sections of the approved plat
shall expire unless said sections are filed before the expiration of the
exemption period to which such plat is entitled under the provisions of
subdivision two of section two hundred sixty-five-a of this article.
12. Subdivision abandonment. The owner of an approved subdivision may
abandon such subdivision pursuant to the provisions of section five
hundred sixty of the real property tax law.
Subdivision review; approval of plats; additional requisites.
1. Purpose. Before the approval by the planning board of a plat showing
lots, blocks or sites, with or without streets or highways, or the
approval of a plat already filed in the office of the clerk of the
county wherein such plat is situated if the plat is entirely or
partially undeveloped, the planning board shall require that the land
shown on the plat be of such character that it can be used safely for
building purposes without danger to health or peril from fire, flood,
drainage or other menace to neighboring properties or the public health,
safety and welfare.
2. Additional requirements. The planning board shall also require
that:
(a) the streets and highways be of sufficient width and suitable grade
and shall be suitably located to accommodate the prospective traffic, to
afford adequate light and air, to facilitate fire protection, and to
provide access of firefighting equipment to buildings. If there be an
official map, town comprehensive plan or functional/master plans, such
streets and highways shall be coordinated so as to compose a convenient
system conforming to the official map and properly related to the
proposals shown in the comprehensive plan of the town;
(b) suitable monuments be placed at block corners and other necessary
points as may be required by the board and the location thereof is shown
on the map of such plat;
(c) all streets or other public places shown on such plats be suitably
graded and paved; street signs, sidewalks, street lighting standards,
curbs, gutters, street trees, water mains, fire alarm signal devices
(including necessary ducts and cables or other connecting facilities),
sanitary sewers and storm drains be installed all in accordance with
standards, specifications and procedures acceptable to the appropriate
town departments except as hereinafter provided, or alternatively that a
performance bond or other security be furnished to the town, as
hereinafter provided.
3. Compliance with zoning regulations. Where a zoning ordinance or
local law has been adopted by the town, the lots shown on said plat
shall at least comply with the requirements thereof subject, however, to
the provisions of section two hundred seventy-eight of this article.
4. Reservation of parkland on subdivision plats containing residential
units. (a) Before the planning board may approve a subdivision plat
containing residential units, such subdivision plat shall also show,
when required by such board, a park or parks suitably located for
playground or other recreational purposes.
(b) Land for park, playground or other recreational purposes may not
be required until the planning board has made a finding that a proper
case exists for requiring that a park or parks be suitably located for
playgrounds or other recreational purposes within the town. Such
findings shall include an evaluation of the present and anticipated
future needs for park and recreational facilities in the town based on
projected population growth to which the particular subdivision plat
will contribute.
(c) In the event the planning board makes a finding pursuant to
paragraph (b) of this subdivision that the proposed subdivision plat
presents a proper case for requiring a park or parks suitably located
for playgrounds or other recreational purposes, but that a suitable park
or parks of adequate size to meet the requirement cannot be properly
located on such subdivision plat, the planning board may require a sum
of money in lieu thereof, in an amount to be established by the town
board. In making such determination of suitability, the board shall
assess the size and suitability of lands shown on the subdivision plat
which could be possible locations for park or recreational facilities,
as well as practical factors including whether there is a need for
additional facilities in the immediate neighborhood. Any monies required
by the planning board in lieu of land for park, playground or other
recreational purposes, pursuant to the provisions of this section, shall
be deposited into a trust fund to be used by the town exclusively for
park, playground or other recreational purposes, including the
acquisition of property.
5. Character of the development. In making such determination
regarding streets, highways, parks and required improvements, the
planning board shall take into consideration the prospective character
of the development, whether dense residence, open residence, business or
industrial.
6. Application for area variance. Notwithstanding any provision of law
to the contrary, where a plat contains one or more lots which do not
comply with the zoning regulations, application may be made to the
zoning board of appeals for an area variance pursuant to section two
hundred sixty-seven-b of this article, without the necessity of a
decision or determination of an administrative official charged with the
enforcement of the zoning regulations. In reviewing such application the
zoning board of appeals shall request the planning board to provide a
written recommendation concerning the proposed variance.
7. Waiver of requirements. The planning board may waive, when
reasonable, any requirements or improvements for the approval, approval
with modifications or disapproval of subdivisions submitted for its
approval. Any such waiver, which shall be subject to appropriate
conditions, may be exercised in the event any such requirements or
improvements are found not to be requisite in the interest of the public
health, safety, and general welfare or inappropriate because of
inadequacy or lack of connecting facilities adjacent or in proximity to
the subdivision.
8. Installation of fire alarm devices. The installation of fire alarm
signal devices including necessary connecting facilities shall be
required or waived pursuant to this section only with the approval of:
(a) the board of supervisors or legislative body of the county if the
installation is to be made in an area included in a central fire alarm
system established pursuant to paragraph (h) of subdivision one of
section two hundred twenty-five of the county law or (b) the town board
in any other case unless the installation is to be made in a fire
district in a town in which no central fire alarm system has been
established pursuant to subdivision eleven-c of section sixty-four of
this chapter, in which case only the approval of the board of fire
commissioners of such fire district shall be necessary. Required
installations of fire alarm signal devices including necessary
connecting facilities shall be made in accordance with standards,
specifications and procedures acceptable to the appropriate board.
9. Performance bond or other security. (a) Furnishing of performance
bond or other security. As an alternative to the installation of
infrastructure and improvements, as above provided, prior to planning
board approval, a performance bond or other security sufficient to cover
the full cost of the same, as estimated by the planning board or a town
department designated by the planning board to make such estimate, where
such departmental estimate is deemed acceptable by the planning board,
shall be furnished to the town by the owner.
(b) Security where plat approved in sections. In the event that the
owner shall be authorized to file the approved plat in sections, as
provided in subdivision ten of section two hundred seventy-six of this
article, approval of the plat may be granted upon the installation of
the required improvements in the section of the plat filed in the office
of the county clerk or register or the furnishing of security covering
the costs of such improvements. The owner shall not be permitted to
begin construction of buildings in any other section until such section
has been filed in the office of the county clerk or register and the
required improvements have been installed in such section or a security
covering the cost of such improvements is provided.
(c) Form of security. Any such security must be provided pursuant to a
written security agreement with the town, approved by the town board and
also approved by the town attorney as to form, sufficiency and manner of
execution, and shall be limited to: (i) a performance bond issued by a
bonding or surety company; (ii) the deposit of funds in or a certificate
of deposit issued by a bank or trust company located and authorized to
do business in this state; (iii) an irrevocable letter of credit from a
bank located and authorized to do business in this state; (iv)
obligations of the United States of America; or (v) any obligations
fully guaranteed as to interest and principal by the United States of
America, having a market value at least equal to the full cost of such
improvements. If not delivered to the town, such security shall be held
in a town account at a bank or trust company.
(d) Term of security agreement. Any such performance bond or security
agreement shall run for a term to be fixed by the planning board, but in
no case for a longer term than three years, provided, however, that the
term of such performance bond or security agreement may be extended by
the planning board with consent of the parties thereto. If the planning
board shall decide at any time during the term of the performance bond
or security agreement that the extent of building development that has
taken place in the subdivision is not sufficient to warrant all the
improvements covered by such security, or that the required improvements
have been installed as provided in this section and by the planning
board in sufficient amount to warrant reduction in the amount of said
security, and upon approval by the town board, the planning board may
modify its requirements for any or all such improvements, and the amount
of such security shall thereupon be reduced by an appropriate amount so
that the new amount will cover the cost in full of the amended list of
improvements required by the planning board.
(e) Default of security agreement. In the event that any required
improvements have not been installed as provided in this section within
the term of such security agreement, the town board may thereupon
declare the said performance bond or security agreement to be in default
and collect the sum remaining payable thereunder; and upon the receipt
of the proceeds thereof, the town shall install such improvements as are
covered by such security and as commensurate with the extent of building
development that has taken place in the subdivision but not exceeding in
cost the amount of such proceeds.
10. Provision of improvements by town. (a) Adoption of resolution.
Notwithstanding the foregoing provisions of this section, with respect
to plats approved by the planning board, the town board may adopt a
resolution that sidewalks and/or water mains and/or sanitary sewers
and/or storm drains required by the planning board pursuant to this
section be constructed or installed at the expense of the town as
authorized by articles three-A and twelve-C of this chapter or at the
expense of an existing improvement district in which the plat is
located. Such improvements may also be acquired without consideration by
the town board on behalf of the town or an improvement district as
authorized by article three-A, twelve, twelve-A or twelve-C of this
chapter.
(b) Establishment of improvement district. If an improvement district
has not been created for the area in which the plat is located, the town
board may establish or extend an improvement district as provided in
this chapter or in any applicable special law for the purpose of
constructing or installing or acquiring without consideration such
improvements shown on the map of any plat as the town board may
determine.
(i) Execution of contracts. The town board resolution shall require
that the owner or owners of real property execute such contracts with
the town as the town board may deem necessary for the purpose of
ensuring that the expense of such construction or installation,
including the cost of issuing obligations to raise moneys to pay the
expense thereof and interest on such obligations, shall not be an undue
burden upon the property deemed benefitted by the agreements or of such
improvement district or extension thereof as the case may be and may
require a security agreement, including the filing of a surety bond,
letter of credit or the deposit of cash or securities reasonably
acceptable to the town board as to assure the performance of such
contracts.
(ii) Any such surety agreement shall be executed in accordance with
this subdivision, and may contain such other provisions as the town
board may reasonably determine to be necessary to ensure the performance
of such contracts.
11. Suffolk county; disposal of sewage from plats. (a) In the county
of Suffolk, when the health department shall have directed that disposal
of sewage from the plat shall be provided for by a communal sewerage
system, consisting of a treatment plant and collection system, then the
Suffolk county sewer agency shall determine, specify and direct the
means and method by which the aforesaid system shall be best provided by
and at the expense of the developer. Among the alternative means and
methods the Suffolk county sewer agency may direct, shall be: (i) that
the developer, at its own cost and expense, install, build and construct
such system according to such plans, specifications, conditions and
guarantees as may be required by the Suffolk county sewer agency, and
upon satisfactory completion thereof, the developer shall dedicate and
donate same, without cost to the Suffolk county sewer agency, or its
nominee, and the developer shall also petition to form a county
district, but if the Suffolk county sewer agency shall determine that a
suitable complete communal sewerage system of adequate size cannot be
properly located in the plat or is otherwise not practical, then, (ii)
the developer shall install, build and construct temporary cesspools or
septic tanks together with a sewage collection system according to such
plans, specifications, conditions and guarantees as may be required by
the Suffolk county sewer agency, and upon satisfactory completion
thereof, the developer shall dedicate and donate same, without cost, to
the Suffolk county sewer agency or its nominee, and in addition thereto,
the agency may also require the payment to the Suffolk county sewer
agency of a sum of money in an amount to be determined by the Suffolk
county sewer agency, and the developer shall also petition to form a
county district, or (iii) the developer shall install, build and
construct temporary cesspools or septic tanks and, in addition thereto,
shall pay to the Suffolk county sewer agency a sum of money in an amount
to be determined by the Suffolk county sewer agency and the developer
shall also petition to form a county district, or (iv) the developer
shall provide such other means and methods or combination thereof as the
Suffolk county sewer agency may determine, specify and direct.
(b) Any sums paid to the Suffolk county sewer agency pursuant to any
provisions of this section, shall constitute a trust fund to be used
exclusively for a future communal sewerage system which shall be owned
and operated by a county sewer district, which district shall include
the subject plat within its bounds. Such moneys and accrued interest, if
any, when paid to such district, shall be credited over a period of time
determined by the district, pro rata, against the sewer assessment of
each tax parcel of the subject plat as may exist at the time of the
payment of such moneys and accrued interest to such district. Provided,
however, that if so directed by local law enacted by the Suffolk county
legislature with approval of the county executive:
(i) the Suffolk county sewer agency may refund all moneys on deposit
in said trust fund pursuant to agreements entered into before July
first, nineteen hundred seventy-eight under the authority of
subparagraphs (ii) and (iii) of paragraph (a) of this subdivision, and
all accumulated interest, if any, earned thereon, to the owner as of
July first, nineteen hundred eighty-eight of the subject plat from which
moneys deposited into said trust fund were collected, or a predecessor
in title if said predecessor establishes a superior right to the moneys
and accumulated interest; and
(ii) the Suffolk county sewer agency may cease to accept money for
deposit into the trust fund if said money is due and owning because of
agreements entered into before July first, nineteen hundred
seventy-eight under the authority of subparagraphs (ii) and (iii) of
paragraph (a) of this subdivision.
(c) The useable value of any communal sewage collection system built
under subparagraph (i), (ii) or (iv) of paragraph (a) of this
subdivision shall be credited over a period of time determined by the
district, pro rata, against the sewer assessment of each tax parcel of
the plat as may exist at the time such system is incorporated into a
county sewer district which shall include the subject plat within its
bounds.
(d) While planning for and pending the formation or extension of a
district contemplated hereunder which will incorporate a plat that has
or is to have a dry lateral sewer collection system installed therein,
the county legislature may contract in those instances where it feels an
emergency exists, and the public health and welfare are in urgent need
and will be best served, with any department, agency, subdivision, or
political instrumentality of the state, county, town, or village, or an
improvement district or a private entity having a treatment plant, to
furnish sewerage disposal service to such plat on such terms and
conditions and for such consideration as the Suffolk county sewer agency
may recommend and the county legislature approves. The county
legislature may finance, in whole or in part, pursuant to the local
finance law, any expenditure made pursuant to this section. Upon the
erection of the contemplated district, it shall reimburse the county for
any funds the county may have expended to provide such interim disposal
service to the plat.
Subdivision review; approval of cluster development. 1.
Definitions. As used in this section:
(a) "cluster development" shall mean a subdivision plat or plats,
approved pursuant to this article, in which the applicable zoning
ordinance or local law is modified to provide an alternative permitted
method for the layout, configuration and design of lots, buildings and
structures, roads, utility lines and other infrastructure, parks, and
landscaping in order to preserve the natural and scenic qualities of
open lands.
(b) "zoning districts" shall mean districts provided for in section
two hundred sixty-two of this article.
2. Authorization; purpose.
(a) The town board may, by local law or ordinance, authorize the
planning board to approve a cluster development simultaneously with the
approval of a plat or plats pursuant to this article. Approval of a
cluster development shall be subject to the conditions set forth in this
section and in such local law or ordinance. Such local law or ordinance
shall also specify the zoning districts outside the limits of any
incorporated village in which cluster development may be applicable.
(b) The purpose of a cluster development shall be to enable and
encourage flexibility of design and development of land in such a manner
as to preserve the natural and scenic qualities of open lands.
3. Conditions.
(a) This procedure may be followed at the discretion of the planning
board if, in said board's judgment, its application would benefit the
town. Provided, however, that in granting such authorization to the
planning board, the town board may also authorize the planning board to
require the owner to submit an application for cluster development
subject to criteria contained in the local law or ordinance authorizing
cluster development.
(b) A cluster development shall result in a permitted number of
building lots or dwelling units which shall in no case exceed the number
which could be permitted, in the planning board's judgment, if the land
were subdivided into lots conforming to the minimum lot size and density
requirements of the zoning ordinance or local law applicable to the
district or districts in which such land is situated and conforming to
all other applicable requirements. Provided, however, that where the
plat falls within two or more contiguous districts, the planning board
may approve a cluster development representing the cumulative density as
derived from the summing of all units allowed in all such districts, and
may authorize actual construction to take place in all or any portion of
one or more of such districts.
(c) The planning board as a condition of plat approval may establish
such conditions on the ownership, use, and maintenance of such open
lands shown on the plat as it deems necessary to assure the preservation
of the natural and scenic qualities of such open lands. The town board
may require that such conditions shall be approved by the town board
before the plat may be approved for filing.
(d) The plat showing such cluster development may include areas within
which structures may be located, the height and spacing of buildings,
open spaces and their landscaping, off-street open and enclosed parking
spaces, streets, driveways and any other features required by the
planning board. In the case of a residential plat or plats, the dwelling
units permitted may be, at the discretion of the planning board, in
detached, semi-detached, attached, or multi-story structures.
4. Notice and public hearing. The proposed cluster development shall
be subject to review at a public hearing or hearings held pursuant to
section two hundred seventy-six of this article for the approval of
plats.
5. Filing of plat. On the filing of the plat in the office of the
county clerk or register, a copy shall be filed with the town clerk, who
shall make appropriate notations and references thereto on the town
zoning map required to be maintained pursuant to section two hundred
sixty-four of this article.
6. Effect. The provisions of this section shall not be deemed to
authorize a change in the permissible use of such lands as provided in
the zoning ordinance or local law applicable to such lands.
Subdivision review; record of plats. 1. Filing of plat with
county clerk or register. (a) No plat of a subdivision of land showing
lots, blocks or sites, shall be filed or recorded in the office of the
county clerk or register until it has been approved by a planning board
which has been empowered to approve such plats. Further, such approval
must be endorsed in writing on the plat in such manner as the planning
board may designate.
(b) Such endorsement shall stipulate that the plat does not conflict
with the county official map, where one exists, or, in cases where plats
do front on or have access to or are otherwise related to roads or
drainage systems shown on the county official map, that such plat has
been approved in the manner specified by subdivision two of section two
hundred thirty-nine-f of the general municipal law.
2. Notification of filing. It shall be the duty of the county clerk or
register to notify the planning board in writing within three days of
the filing or recording of any plat approved by such planning board,
identifying such plat by its title, date of filing or recording, and
official file number.
3. Effect of filing. After such plat is approved and filed, the
streets, highways and parks shown on such plat shall be and become a
part of the official map or plan of the town.
4. Cession or dedication of streets, highways or parks. (a) All
streets, highways or parks shown on a filed or recorded plat are offered
for dedication to the public unless the owner of the affected land, or
the owner's agent, makes a notation on the plat to the contrary prior to
final plat approval. Any street, highway or park shown on a filed or
recorded plat shall be deemed to be private until such time as it has
been formally accepted by a resolution of the local legislative body, or
until it has been condemned by the town for use as a public street,
highway or park.
(b) In the event that such approved plat is not filed or recorded
prior to the expiration date of the plat approval as provided in section
two hundred seventy-six of this article, then such offer of dedication
shall be deemed to be invalid, void and of no effect on and after such
expiration date.
Permits for buildings in bed of mapped streets. For the purpose
of preserving the integrity of such official map or plan no permit shall
hereafter be issued for any building in the bed of any street or highway
shown or laid out on such map or plan, provided, however, that if the
land within such mapped street or highway is not yielding a fair return
on its value to the owner, the board of appeals, or other similar board,
in any town which has established such a board having power to make
variances or exceptions in zoning regulations, shall have power in a
specific case by the vote of a majority of its members to grant a permit
for a building in such street or highway which will as little as
practicable increase the cost of opening such street or highway, or tend
to cause a change of such official map or plan, and such board may
impose reasonable requirements as a condition of granting such permit,
which requirements shall inure to the benefit of the town. Before taking
any action authorized in this section, the board of appeals or similar
board shall give a hearing at which parties in interest and others shall
have an opportunity to be heard. At least ten days' notice of the time
and place of such hearing shall be published in a newspaper of general
circulation in such town. Any such decision shall be subject to review
in the same manner and pursuant to the same provisions as in appeals
from the decisions of such board upon zoning regulations.
Permits for buildings not on improved mapped streets. 1. No
permit for the erection of any building shall be issued unless a street
or highway giving access to such proposed structure has been duly placed
on the official map or plan, or if there be no official map or plan,
unless such street or highway is (a) an existing state, county or town
highway, or (b) a street shown upon a plat approved by the planning
board as provided in sections two hundred seventy-six and two hundred
seventy-seven of this article, as in effect at the time such plat was
approved, or (c) a street on a plat duly filed and recorded in the
office of the county clerk or register prior to the appointment of such
planning board and the grant to such board of the power to approve
plats.
2. Before such permit shall be issued such street or highway shall
have been suitably improved to the satisfaction of the town board or
planning board, if empowered by the town board in accordance with
standards and specifications approved by the town board, as adequate in
respect to the public health, safety and general welfare for the special
circumstances of the particular street or highway.
Alternatively, and in the discretion of such board, a performance bond
sufficient to cover the full cost of such improvement as estimated by
such board shall be furnished to the town by the owner. Such
performance bond shall be issued by a bonding or surety company approved
by the town board or by the owner with security acceptable to the town
board, and shall also be approved by such town board as to form,
sufficiency and manner of execution. The term, manner of modification
and method of enforcement of such bond shall be determined by the
appropriate board in substantial conformity with section two hundred
seventy-seven of this article.
3. The applicant for such a permit may appeal from the decision of the
administrative officer having charge of the issue of permits to the
board of appeals or other similar board, in any town which has
established a board having the power to make variances or exceptions in
zoning regulations for: (a) an exception if the circumstances of the
case do not require the structure to be related to existing or proposed
streets or highways, and/or (b) an area variance pursuant to section two
hundred sixty-seven-b of this chapter, and the same provisions are
hereby applied to such appeals and to such board as are provided in
cases of appeals on zoning regulations. The board may in passing on
such appeal make any reasonable exception and issue the permit subject
to conditions that will protect any future street or highway layout. Any
such decision shall be subject to review by certiorari order issued out
of a special term of the supreme court in the same manner and pursuant
to the same provisions as in appeals from the decisions of such board
upon zoning regulations.
4. The town board may, by resolution, establish an open development
area or areas within the town, wherein permits may be issued for the
erection of structures to which access is given by right of way or
easement, upon such conditions and subject to such limitations as may be
prescribed by general or special rule of the planning board, if one
exists, or of the town board if a planning board does not exist. If a
planning board exists in such town, the town board, before establishing
any such open development area or areas, shall refer the matter to such
planning board for its advice and shall allow such planning board a
reasonable time to report.
5. For the purposes of this section the word "access" shall mean that
the plot on which such structure is proposed to be erected directly
abuts on such street or highway and has sufficient frontage thereon to
allow the ingress and egress of fire trucks, ambulances, police cars and
other emergency vehicles, and, a frontage of fifteen feet shall
presumptively be sufficient for that purpose.
Municipal improvements in streets. No public municipal street
utility or improvement shall be constructed by the town in any street or
highway within that part of the town outside the limits of any
incorporated city or village until it has become a public street or
highway and is duly placed on the official map or plan, provided,
however, that subject to the discretion of the town board, a subsurface
utility or improvement operated for revenue by the town or by a special
district may be constructed by the town in a private street, provided a
public easement satisfactory to the town board is obtained for such
utility or improvement.
Court review. Any person or persons, jointly or severally
aggrieved by any decision of the planning board concerning such plat or
the changing of the zoning regulations of such land, or any officer,
department, board or bureau of the town, may have the decision reviewed
by a special term of the supreme court in the manner provided by article
seventy-eight of the civil practice law and rules provided the
proceeding is commenced within thirty days after the filing of the
decision in the office of the town clerk.
Commencement of the proceeding shall stay proceedings upon the
decision appealed from.
If, upon the hearing, it shall appear to the court that testimony is
necessary for the proper disposition of the matter, it may take evidence
or appoint a referee to take such evidence as it may direct and report
the same to the court with his findings of fact and conclusions of law,
which shall constitute a part of the proceedings upon which the
determination of the court shall be made. The court may reverse or
affirm, wholly or partly, or may modify the decision brought up for
review.
Costs shall not be allowed against the planning board, unless it shall
appear to the court that it acted with gross negligence or in bad faith
or with malice in making the decision appealed from.
All issues in any proceeding under this section shall have preference
over all other civil actions and proceedings.
Issuance of licenses and permits in certain towns. If, in any
town of the first class at the time of the enactment of this chapter,
there exists a building department, set up as an adjunct of the planning
board, all licenses or permits, whenever and in the manner required by
any building zone ordinance, local law or building code, shall be issued
by said department, and all fees therefor be collected as provided by
the requirements of the building zone ordinance, local law or building
code.
Coordination with agricultural districts program. 1. Policy
of local governments. Local governments shall exercise their powers to
enact local laws, ordinances, rules or regulations that apply to farm
operations in an agricultural district in a manner which does not
unreasonably restrict or regulate farm operations in contravention of
the purposes of article twenty-five-AA of the agriculture and markets
law, unless it can be shown that the public health or safety is
threatened.
2. Agricultural data statement; submission, evaluation. Any
application for a special use permit, site plan approval, use variance,
or subdivision approval requiring municipal review and approval by the
town board, planning board, or zoning board of appeals pursuant to this
article, that would occur on property within an agricultural district
containing a farm operation or on property with boundaries within five
hundred feet of a farm operation located in an agricultural district,
shall include an agricultural data statement. The town board, planning
board, or zoning board of appeals shall evaluate and consider the
agricultural data statement in its review of the possible impacts of the
proposed project upon the functioning of farm operations within such
agricultural district. The information required by an agricultural data
statement may be included as part of any other application form required
by local law, ordinance or regulation.
3. Agricultural data statement; notice provision. Upon the receipt of
such application by the planning board, zoning board of appeals, or town
board, the clerk of such board shall mail written notice of such
application to the owners of land as identified by the applicant in the
agricultural data statement. Such notice shall include a description of
the proposed project and its location, and may be sent in conjunction
with any other notice required by state or local law, ordinance, rule or
regulation for the said project. The cost of mailing said notice shall
be borne by the applicant.
4. Agricultural data statement; content. An agricultural data
statement shall include the following information: the name and address
of the applicant; a description of the proposed project and its
location; the name and address of any owner of land within the
agricultural district, which land contains farm operations and is
located within five hundred feet of the boundary of the property upon
which the project is proposed; and a tax map or other map showing the
site of the proposed project relative to the location of farm operations
identified in the agricultural data statement.
5. Notice to county planning board or agency or regional planning
council. The clerk of the town board, planning board, or zoning board of
appeals shall refer all applications requiring an agricultural data
statement to the county planning board or agency or regional planning
council as required by sections two hundred thirty-nine-m and two
hundred thirty-nine-n of the general municipal law.
Intermunicipal cooperation in comprehensive planning and land
use regulation. 1. Legislative intent. This section is intended to
illustrate the statutory authority that any municipal corporation has
under article five-G of the general municipal law and place within land
use law express statutory authority for cities, towns and villages to
enter into agreements to undertake comprehensive planning and land use
regulation with each other or one for the other, and to provide that any
city, town or village may contract with a county to carry out all or a
portion of the ministerial functions related to the land use of such
city, town or village as may be agreed upon. By the enactment of this
section the legislature seeks to promote intergovernmental cooperation
that could result in increased coordination and effectiveness of
comprehensive planning and land use regulation, more efficient use of
infrastructure and municipal revenues, as well as the enhanced
protection of community resources, especially where such resources span
municipal boundaries.
2. Authorization and effects. (a) In addition to any other general or
special powers vested in a town to prepare a comprehensive plan and
enact and administer land use regulations, by local law or ordinance,
rule or regulation, each town is hereby authorized to enter into, amend,
cancel and terminate agreements with any other municipality or
municipalities to undertake all or a portion of such powers, functions
and duties.
(b) Any one or more municipalities located in a county which has
established a county planning board, commission or other agency,
hereinafter referred to as a county planning agency, are hereby
authorized to enter into, amend, cancel and terminate agreements with
such county in order to authorize the county planning agency to perform
and carry out certain ministerial functions on behalf of such
municipality or municipalities related to land use planning and zoning.
Such functions may include, but are not limited to, acting in an
advisory capacity, assisting in the preparation of comprehensive plans
and land use regulations to be adopted and enforced by such municipality
or municipalities and participating in the formation and functions of
individual or joint administrative boards and bodies formed by one or
more municipalities.
(c) Such agreements shall apply only to the performance or exercise of
any function or power which each of the municipal corporations has the
authority by any general or special law to prescribe, perform, or
exercise separately.
3. Definitions. As used herein:
(a) "Municipality", means a city, town or village.
(b) "Community resource", means a specific public facility,
infrastructure system, or geographic area of special economic
development, environmental, scenic, cultural, historic, recreational,
parkland, open space, natural resource, or other unique significance,
located wholly or partially within the boundaries of one or more given
municipalities.
(c) "Intermunicipal overlay district", means a special land use
district which encompasses all or a portion of one or more
municipalities for the purpose of protecting, enhancing or developing
one or more community resources as provided herein.
4. Intermunicipal agreements. In addition to any other powers granted
to municipalities to contract with each other to undertake joint,
cooperative agreements any municipality may:
(a) create a consolidated planning board which may replace individual
planning boards, if any, which consolidated planning board shall have
the powers and duties as shall be determined by such agreement;
(b) create a consolidated zoning board of appeals which may replace
individual zoning boards of appeals, if any, which consolidated zoning
board of appeals shall have the powers and duties as shall be determined
by such agreement;
(c) create a comprehensive plan and/or land use regulations which may
be adopted independently by each participating municipality;
(d) provide for a land use administration and enforcement program
which may replace individual land use administration and enforcement
programs, if any, the terms and conditions of which shall be set forth
in such agreement; and
(e) create an intermunicipal overlay district for the purpose of
protecting, enhancing or developing community resources that encompass
two or more municipalities.
5. Special considerations. (a) Making joint agreements. Any agreement
made pursuant to the provisions of this section may contain provisions
as the parties deem to be appropriate, and including provisions relative
to the items designated in paragraphs a through m inclusive as set forth
in subdivision two of section one hundred nineteen-o of the general
municipal law.
(b) Establishing the duration of agreement. Any agreement developed
pursuant to the provisions of this section may contain procedures for
periodic review of the terms and conditions, including those relating to
the duration, extension or termination of the agreement.
(c) Amending local laws or ordinances. Local laws or ordinances shall
be amended, as appropriate, to reflect the provisions contained in
intermunicipal agreements established pursuant to the provisions of this
section.
6. Appeal of action by aggrieved party or parties. Any officer,
department, board or bureau of any municipality with the approval of the
legislative body, or any person or persons jointly or severally
aggrieved by any act or decision of a planning board, zoning board of
appeals or agency created pursuant to the provisions of this section may
bring a proceeding by article seventy-eight of the civil practice law
and rules in a court of record on the ground that such decision is
illegal, in whole or in part. Such proceeding must be commenced within
thirty days after the filing of the decision in the office of the town
clerk. Commencement of the proceeding shall stay proceedings upon the
decision from which the appeal is taken. All issues in any proceeding
under this section shall have a preference over all other civil actions
and proceedings.
7. Any agreements made between two or more municipalities pursuant to
article five-G of the general municipal law or any other law which
provides for the undertaking of any land use regulation or activity on a
joint, cooperative or contract basis, if valid when so made, shall not
be invalidated by the provisions of this section.
8. The provisions of this section shall be in addition to existing
authority and shall not be deemed or construed as a limitation,
diminution or derogation of any statutory authority authorizing
municipal cooperation.
Separability clause. If any part or provision of this article
or the application thereof to any person or circumstance be adjudged
invalid by any court of competent jurisdiction, such judgment shall be
confined in its operation to the part, provision or application directly
involved in the controversy in which such judgment shall have been
rendered and shall not affect or impair the validity of the remainder of
this article or the application thereof to other persons or
circumstances and the legislature hereby declares that it would have
enacted this article or the remainder thereof had the invalidity of such
provision or application thereof been apparent.
ARTICLE 17 Cemeteries
Duties of town board. The town board shall lay out into burial
lots any burial grounds conveyed to them; and within one year after
conveyance to them they shall cause to be recorded in the office of the
clerk of the county in which they reside a plot or plots of the ground
so laid out by them, which shall clearly indicate the number and
location of the several lots, which plots shall be duly certified to,
under the hands and seals of the supervisor and town clerk, and
acknowledged before an officer authorized to take proof and
acknowledgment of deeds. They shall designate and set aside certain lots
which shall be free from the interment of the remains of indigent
persons, deceased, and shall sell and convey, by direction of a majority
of the board, under the hands and seals of the supervisor and town
clerk, burial lots, at such terms as may be agreed upon between the
parties, and expend the moneys realized from such sale in improving and
preserving the particular burial ground from the sale of whose lots the
moneys were received. All moneys realized from the sale of burial lots
shall, upon the receipt thereof, be paid over to the supervisor of the
town to be retained by him as a separate fund and paid out only on the
order of a majority of such town board.
Burial grounds. 1. The title to every lot or piece of land
which shall have been used by the inhabitants of any town in this state
as a cemetery or burial ground for the space of fourteen years shall be
deemed to be vested in such town, and shall be subject in the same
manner as other corporate property of towns, to the government and
direction of the town board. In any town the town board may adopt
regulations for the proper care of any such cemetery and burial ground
and regulating the burial of the dead therein. It shall be the duty of
the town board to remove the grass and weeds from any such cemetery or
burial ground in any such town at least three times in each year, and to
erect and maintain suitable fences around such cemetery or burial
ground. The town board of any town must also provide for the removal of
grass and weeds at least twice in each year from any cemetery or burial
ground, by whomsoever owned, in such town, where such control is not
vested by other provisions of law in the town or in trustees or other
corporate body, and provide for the preservation, care and fencing of
any such cemetery and the town board of any town must also provide for
the removal of grass and weeds from all cemeteries, other than private
burial grounds, which are abandoned or not controlled by any existing
board or body and for the care of which there exists no special fund or
endowment and such duties shall be performed under the supervision of
the town board, or a person whom the town board may designate; provided,
however, that such duties shall not be exercised in respect to any
private ground or particular lot or lots therein after the true owner or
owners thereof file written objections thereto with the town clerk. The
cost and expenses of any officer or person in performing any duties
under or pursuant to the provisions of this section shall be a town
charge, and the town board shall appropriate and provide annually the
moneys necessary for carrying out the provisions of this section, and
make the same available for the proper officer or persons by whom the
moneys are required to be expended. The town board may also receive and
execute any trust for the care of any cemetery which the town is
required to care for pursuant to the provisions of this section and to
receive and execute any trust for the care of lots in any such cemetery.
2. Burial grounds and cemeteries of which the title is vested in or
the care or control is charged upon any town, by virtue of this section,
shall not be taxed or assessed for any local improvement or other
purpose whatsoever by any village, and no action shall be maintained
against any town to recover the cost of any local improvement or
municipal charge, based on town ownership or care of such burial
grounds, the provisions of any special, local or general statute
whatsoever to the contrary notwithstanding.
3. Upon the adoption of a resolution therefor, the town board may
construct and maintain permanent improvements in any one or more of the
classes of cemeteries described herein and may acquire, by purchase or
condemnation, additional lands for cemetery or burial ground purposes,
whenever in the judgment of the town board it is necessary or advisable
that such improvements be made or additional lands be acquired. If the
expenditure for such improvements or acquisition is in excess of one
thousand five hundred dollars and is to be paid by taxes levied for the
fiscal year in which such expenditure is to be made, or paid from the
proceeds of town obligations, the adoption of any such resolution or
resolutions shall be subject to a permissive referendum. The
improvements so made or the lands so acquired shall be used only for the
purposes authorized by this article but such cemeteries or burial
grounds so improved or enlarged shall not be subject to conveyance or
transfer pursuant to section two hundred ninety-two of this article. The
expense of such improvements and/or the acquiring of such lands may be
financed in the manner provided in article fifteen of this chapter for
the financing of general improvements.
4. Notwithstanding any other provision of law, upon the adoption of a
resolution therefor, the town board of the town of Southampton may
transfer title to the cemetery vested in such town, located at the
corner of Madison street and Latham street and bearing Suffolk county
tax map identification number 473609-3-4-27, to the village of Sag
Harbor, provided, however, that such transfer shall be made only upon
the adoption of a resolution by the board of trustees of the village of
Sag Harbor, requesting the town of Southampton to make such transfer.
Transfer of burial grounds to cemetery corporation. Any town
may convey and transfer its right, title and interest in any burial
grounds within the limits of and belonging to the town, or belonging to
the town and individual lot owners, to a cemetery corporation authorized
to hold and maintain property within the town for cemetery purposes,
organized or to be organized under the membership corporations law. The
deed of conveyance shall be executed by the supervisor, after the town
board shall have authorized such conveyance.
Cemetery and funeral home combinations. 1. No town shall,
directly or indirectly:
(a) sell, or have, enter into or perform a lease of any of its real
property dedicated to cemetery purposes or adjacent thereto to a funeral
entity, or use any of its property for location of a funeral entity;
(b) commingle funds used for cemetery purposes with a funeral entity;
(c) direct or carry on its cemetery related business or affairs with a
funeral entity;
(d) authorize control of its cemetery related business or affairs by a
funeral entity;
(e) engage in any sale or cross-marketing of goods or services with a
funeral entity;
(f) have, enter into or perform a management or service contract for
cemetery operations with a funeral entity; or
(g) have, enter into or perform a management contract with any entity
other than a not-for-profit or religious corporation, or governmental
entity.
2. Only the provisions of paragraphs (a) and (b) of subdivision one of
this section shall apply to towns with thirty acres or less of real
property dedicated to cemetery purposes, and only to the extent the sale
or lease is of real property dedicated to cemetery purposes, and such
cemeteries shall not engage in the sale of funeral home goods or
services, except if such goods and services are otherwise permitted to
be sold by cemeteries.
3. For the purposes of this section, "funeral entity" means a person,
partnership, corporation, limited liability company or other form of
business organization providing funeral home services, or owning,
controlling, conducting or affiliated with a funeral home, any
subsidiary thereof or any officer, director or stockholder having a ten
per centum or greater proprietary, beneficial, equitable or credit
interest in a funeral home.
Exception. All provisions of the preceding sections of this
article which are inconsistent with the provisions of chapter
seventy-six of the laws of eighteen hundred sixty-nine, as amended by
chapter four hundred thirty-two of the laws of eighteen hundred
ninety-nine, shall not apply to Greenfield cemetery in Hempstead, Nassau
county, or to the trustees or management thereof.
Armed forces' burial plot. 1. The town board in each of the
towns of this state may upon the application in writing of any veteran
armed forces' association in the town, or upon a petition of any writing
of five or more veterans of the armed forces of the United States in
towns where no veteran armed forces organization exists, purchase or
provide an armed forces' plot in one or more cemeteries where no burial
plots are now owned by armed forces organizations, in which burial plots
deceased members of the armed forces of the United States may be
interred and, except in the county of Broome, may also provide for the
annual care of armed forces' burial plots in cemeteries, at the rate of
not to exceed twenty dollars for each grave of a member of the armed
forces in such burial plot or plots, and the expense shall be included
in the town expenses, assessed, levied and collected in the same manner
as other town expenses are levied and collected.
2. In the county of Broome, the board of supervisors shall provide for
the annual care of armed forces' burial plots, either heretofore or
hereafter established, in all cemeteries in such county, at the rate
aforesaid, and the expense thereof shall be a county charge audited,
assessed, levied and collected in the same manner as are other county
charges.
Removal of remains of deceased members of armed forces. Upon a
verified petition presented to a judge of a court of record by any armed
forces' organization in any town or city in this state by a majority of
its officers, or a majority of any memorial committee in any town or
city where there are two or more veteran armed forces' organizations, or
in towns or cities where there are no veteran armed forces'
organizations, upon the petition of five or more veterans of the armed
forces, the judge to whom said verified petition is presented shall make
an order to show cause, returnable before him or her at a time and place
within the county in not less than fourteen or more than twenty days
from the date of presentation of said petition, why the remains of any
deceased members of the armed forces buried in potter's field, or in any
neglected or abandoned cemeteries, should not be removed to and
reinterred in a properly kept incorporated cemetery in the same town or
city or in a town adjoining the town or city in which the remains of a
deceased member of the armed forces are buried, and to fix the amount of
the expenses for such removal and reinterment, and the order to show
cause shall provide for its publication in a newspaper, to be designated
in the order, which is published nearest to the cemetery from which the
removal is sought to be made, once in each week for two successive
weeks. The verified petition presented to the judge shall show that the
petitioners are a majority of the officers of a veteran armed forces
organization, or a majority of a memorial committee in towns or cities
where two or more veteran armed forces organizations exist, or that the
petitioners are honorably discharged veterans of the armed forces in
towns or cities where no veteran armed forces organization exists, or
that the petitioners have a qualifying condition, as defined in section
one of the veterans' services law, and received a discharge other than
bad conduct or dishonorable from such service and are in towns or cities
where no veteran armed forces organizations exist, or that the
petitioners are discharged LGBT veterans, as defined in section one of
the veterans' services law, and received a discharge other than bad
conduct or dishonorable from such service and are in towns and cities
where no veteran armed forces organizations exist, and (1) the name of
the deceased member or members of the armed forces, whose remains are
sought to be removed, and if known the unit in which he, she or they
served; (2) the name and location of the cemetery in which he or she is
interred and from which removal is asked to be made; (3) the name and
location of the incorporated cemetery to which the remains are desired
to be removed and reinterred; (4) the facts showing the reasons for such
removal. Upon the return day of the order to show cause and at the time
and place fixed in said order, upon filing proof of publication of the
order to show cause with the judge, if no objection is made thereto, he
or she shall make an order directing the removal of the remains of said
deceased member or members of the armed forces to the cemetery
designated in the petition within the town or city or within a town
adjoining the town or city in which the remains are then buried and
shall specify in the order the amount of the expenses of such removal,
which expenses of removal and reinterment, including the expense of the
proceeding under this section, shall be a charge upon the county in
which the town or city is situated from which the removal is made and
such expenses shall be a county charge and audited by the board of
supervisors of the county and paid in the same manner as other county
charges. On and after the removal and reinterment of the remains of the
deceased member or members of the armed forces in the armed forces'
plot, the expenses for annual care of the grave in the armed forces'
burial plot to which the removal is made shall be annually provided by
the town or city in which the remains were originally buried, at the
rate of not to exceed twenty dollars per grave, and shall be paid
annually to the incorporated cemetery association to which the remains
of each deceased member of the armed forces may be removed and
reinterred. The petition and order shall be filed in the county clerk's
office of the county in which the remains of the deceased member of the
armed forces were originally interred, and the service of a certified
copy of the final order upon the cemetery association shall be made
prior to any removal. Any relative of the deceased member or members of
the armed forces, or the officer of any cemetery association in which
the remains of the deceased member or members of the armed forces were
originally interred, or the authorities of the county in which the
member or members of the armed forces were originally buried, may oppose
the granting of said order and the judge shall summarily hear the
statement of the parties and make such order as the justice and equity
of the application shall require. Any headstone or monument which marks
the grave of the deceased member of the armed forces shall be removed
and reset at the grave in the cemetery in which the removal is permitted
to be made and in each case the final order shall provide the amount of
the expenses of such removals and reinterment and resetting of the
headstone or monument, including the expenses of the proceedings under
this section; except that where provision is otherwise made for the
purchase or erection of a new headstone, monument or marker at the grave
in the cemetery to which such removal is permitted, such old headstone
or monument need not be so removed and reset, in which case such final
order shall not provide for the expense of resetting. The order shall
designate the person or persons having charge of the removals and
reinterments. Upon completion of the removal, reinterment and resetting
of the headstones or monuments, the person or persons having charge of
the same shall make a verified report of the removal, reinterment and
resetting of the headstone or monument and file the report in the
clerk's office of the proper county. The words "member of the armed
forces" shall be construed to mean a member of the armed forces who
served in the armed forces of the United States and who (5) was
honorably discharged from such service, or (6) has a qualifying
condition, as defined in section one of the veterans' services law, and
has received a discharge other than bad conduct or dishonorable from
such service, or (7) is a discharged LGBT veteran, as defined in section
one of the veterans' services law, and has received a discharge other
than bad conduct or dishonorable from such service, and the words "armed
forces plot" shall be construed to mean a plot of land in any
incorporated cemetery set apart to be exclusively used as a place for
interring the remains of deceased veterans of the armed forces of the
United States.
Abandonment of cemeteries. Upon a verified petition presented
to a judge of a court of record by any supervisor of any town in this
state, the judge to whom said verified petition is presented shall make
an order to show cause, returnable before him at a time and place within
the county in not less than twenty days from the date of presentation of
said petition, why the remains of any deceased person buried in potter's
field, or in any neglected or abandoned cemeteries in which no deceased
person shall have been interred within twenty years, should not be
removed to and reinterred in a properly kept incorporated cemetery in
the same town or in a town or city adjoining the town in which the
remains of each deceased person or persons are buried, and to fix the
amount of expenses for such removal and reinterment, and the order to
show cause shall provide for its publication in a newspaper, to be
designated in the order, which is published nearest to the cemetery from
which the removal is to be made, once in each week for two successive
weeks. The verified petition presented to the judge shall show that the
petitioner is a supervisor of the town in which said cemetery is located
and (1) the name of the deceased person or persons whose remains are
sought to be removed, if known; (2) the name and location of the
cemetery in which he is interred and from which removal is asked to be
made; (3) the name and location of the incorporated cemetery to which
the remains are desired to be removed and reinterred; (4) the facts
showing the reasons for such removal. Upon the return day of the order
to show cause and at the time and place fixed in said order, upon filing
proof of publication of the order to show cause with the judge, if no
objection is made thereto, he shall make an order directing the removal
of the remains of said deceased person or persons to the cemetery
designated in the petition within the town or city or within a town
adjoining the town or city in which the remains are then buried and
shall specify in the order the amount of the expenses of such removal,
which expenses of removal and reinterment, including the expense of the
proceeding under this section, shall be a charge upon the town in which
the cemetery is situated from which the removal is made and such
expenses shall be a town charge and audited by the town board and paid
in the same manner as other town charges. On and after the removal and
reinterment of the remains of any deceased person or persons, the
expenses for annual care of the grave in the cemetery to which the
removal is made shall be annually provided by the town in which the
remains were originally buried at a rate not to exceed twenty dollars
per grave, and shall be paid annually to the incorporated cemetery
association to which the remains of each deceased person may be removed
or reinterred. Any town owning a lot or lots in a cemetery maintained by
an incorporated cemetery association in which the remains of deceased
persons have been or may be buried pursuant to this section, however,
may pay such association an amount sufficient to provide perpetual care
therefor. The petition and order shall be filed in the county clerk's
office of the county in which the remains of the deceased person were
originally interred, and the service of a certified copy of the final
order upon the cemetery association shall be made prior to any removal.
Any relative of the deceased person or the officer of any cemetery
association in which the remains of the deceased person were originally
interred may oppose the granting of said order and the judge shall
summarily hear the statement of the parties and make such order as the
justice and equity of the application shall require. Any headstone or
monument which marks the grave of the deceased person shall be removed
and reset at the grave in the cemetery in which the removal is permitted
to be made and in each case the final order shall provide the amount of
the expenses of such removals and reinterment and resetting of the
headstone or monument, including the expenses of the proceedings under
this section; except that where provision is otherwise made for the
purchase or erection of a new headstone, monument or marker at the grave
in the cemetery to which such removal is permitted, such old headstone
or monument need not be so removed and reset, in which case such final
order shall not provide for the expense of resetting. The order shall
designate the person or persons having charge of the removals and
reinterments. Upon completion of the removal, reinterment and resetting
of the headstones or monuments, the person or persons having charge of
the same shall make a verified report of the removal, reinterment and
resetting of the headstone or monument and file the report in the
clerk's office of the proper county.
After said bodies shall have been removed and reinterred in the manner
prescribed by said order, said lands in which such deceased persons were
originally interred shall be available for and subject to such uses for
town purposes as the town board of such town may determine and may be
conveyed or otherwise disposed of in the same manner as other town
lands.
ARTICLE 18 Fences, Strays and Pounds
Apportionment of division fence. Each owner of two adjoining
tracts of land, except when they otherwise agree, shall make and
maintain a just and equitable portion of the division fence between such
lands, unless both of said adjoining owners shall agree to let their
said lands lie open, along the division line, to the use of all animals
which may be lawfully upon the lands of either; provided, however, that
the owner of an adjoining tract of land who does not keep such animals
thereon within five years of the date of the erection or repair of a
division fence shall not be obligated or liable for erecting,
maintaining or repairing such a division fence under this article.
Unless otherwise agreed, an adjoining owner who erects or repairs a
division fence shall be entitled to recover from the owner of the other
adjoining tract, twenty percent of the proportionate cost thereof
otherwise ascribable to such other owner for each year or part thereof
in which the other adjoining tract is regularly used for keeping animals
occurring within five years of the date of such erection or repair. When
the adjoining lands shall border upon any of the navigable lakes,
streams or rivers of the state, the owners of the lands shall make and
maintain the division fence between them down to the line of low water
mark, in such lakes, streams or rivers except those lands which overflow
annually so as to be so submerged with water that no permanent fence can
be kept thereon, and known as low flat lands; and when adjoining lands
shall be bounded by a line between the banks of streams of water not
navigable, and the owners or occupants thereof cannot agree upon the
manner in which the division fence between them shall be maintained, the
fence viewers of the town shall direct upon which bank of the stream,
and where the division fence shall be located, and the portion to be
kept and maintained by each adjoining owner.
Lands lying open. When the owners of adjoining lands shall
choose to let them lie open, as provided in section three hundred,
neither of such owners shall be liable to the other in any action or
proceeding for any damages done by animals lawfully upon the other's
premises going upon the lands so lying open or upon any other lands of
the owner thereof through such lands so lying open. Either owner of any
lands so lying open and adjoining may, unless the agreement is for a
specified period, and after such agreement has expired may then have the
same inclosed, by giving written notice to that effect to the owners or
occupants of the adjoining lands, whereupon it shall be the duty of both
parties to build and maintain their several proportions of a division
fence.
Division fence on change of title. Whenever a subdivision or
new apportionment of any division fence shall become necessary by reason
of transfer of the title of either of the adjoining owners, to the whole
or any portion of the adjoining lands, by conveyance, devise or descent,
such subdivision or new apportionment shall thereupon be made by the
adjoining owners affected thereby; and either adjoining owner shall
refund to the other a just proportion of the value at the time of such
transfer of title of any division fence that shall theretofore have been
made and maintained by such other adjoining owner, or the person from
whom he derived his title, or he shall build his proportion of such
division fence. The value of any fence, and the proportion thereof to be
paid by any person, and the proportion to be built by him, shall be
determined by any two of the fence viewers of the town, in case of
disagreement.
Settlement of disputes. If disputes arise between the owners of
adjoining lands, concerning the liability of either party to make or
maintain any division fence, or the proportion or particular part of the
fence to be made or maintained by either of them, such disputes shall be
settled by any two of the fence viewers of the town, one of whom shall
be chosen by each party; and if either neglect, after eight days'
notice, to make such choice, the other party may select both. The fence
viewers, in all matters heard by them, shall see that all interested
parties have had reasonable notice thereof, and shall examine the
premises and hear the allegations of the parties. If they cannot agree,
they shall select another fence viewer to act with them, and the
decision of any two shall be reduced to writing, and contain a
description of the fence, and the proportion to be maintained by each,
and shall be forthwith filed in the office of the town clerk, and shall
be final upon the parties to such dispute, and all parties holding under
them.
Powers of fence viewers. Witnesses may be examined by the fence
viewers on all questions submitted to them; and either of such fence
viewers may issue subpoenas for witnesses. A subpoena issued under this
section shall be regulated by the civil practice law and rules. Each
fence viewer thus employed shall be entitled to one dollar and fifty
cents per diem. The party refusing or neglecting to pay the fence
viewers or either of them shall be liable to an action for the same with
costs.
Neglect to make or repair division fence. If any person who is
liable to contribute to the erection or repair of a division fence shall
neglect or refuse to make and maintain his proportion of such fence, or
shall permit the same to be out of repair, he shall be liable to pay the
party injured all such damages as shall accrue thereby, to be
ascertained and appraised by any two fence viewers of the town, and to
be recovered with costs. The appraisement shall be reduced to writing,
and signed by the fence viewers making it. If such neglect or refusal
shall be continued for the period of one month after request in writing
to make or repair the fence, the party injured may make or repair the
same, at the expense of the party so neglecting or refusing, to be
recovered from him with costs.
Fence destroyed by accident. Whenever a division fence shall be
injured or destroyed by floods, or other casualty, the person bound to
make and repair such fence, or any part thereof, shall make or repair
the same, or his just proportion thereof, within ten days after he shall
be so required by any person interested therein. Such requisition shall
be in writing, and signed by the party making it. If the person so
notified shall refuse or neglect to make or repair his proportion of
such fence, for the space of ten days after such request, the party
injured may make or repair the same at the expense of the party so
refusing or neglecting, to be recovered from him with costs.
Damages for insufficient fence. Whenever the electors of any
town shall have made any rule or regulation prescribing what shall be
deemed a sufficient division fence in such town, any person who shall
thereafter neglect to keep a fence according to such rule or regulation
shall be precluded from recovering compensation for damages done by any
beast lawfully kept upon the adjoining lands that may enter therefrom on
any lands of such person, not fenced in conformity to the said rule or
regulation, through any such defective fence. When the sufficiency of a
fence shall come in question in any action, it shall be presumed to have
been sufficient until the contrary be established.
Damages for omitting to build fence. If any person liable to
contribute to the erection or repair of a division fence shall neglect
or refuse to make and maintain his proportion of such fence, or shall
permit the same to be put out of repair, he shall not be allowed to have
and maintain any action for damages incurred by beast coming thereon
from adjoining lands, where such beasts are lawfully kept, by reason of
such defective fence, but shall be liable to pay to the party injured
all damages that shall accrue to his lands, and the crops, fruit trees
and shrubbery thereon, and fixtures connected with the land, to be
ascertained and appraised by any two fence viewers of the town, and to
be recovered, with costs; which appraisement shall be reduced to writing
and signed by the fence viewers making the same, but shall be only prima
facie evidence of the amount of such damages.
Use of barbed or other wire for division fence. Barbed or other
wire may be used in the construction of any division fence, provided,
that such fence, be built in the following manner: The fence shall be
of at least four strands of wire with the posts and supports of such
fence, at such distances apart, as the fence viewers of the town may
prescribe, but the posts thereof shall be no further apart than fourteen
feet; and such fence shall be otherwise substantially built and a
reasonable sufficient inclosure for holding the particular kind or class
of cattle or animals usually pastured on either side of the fence.
Nothing contained in section three hundred seven shall be construed to
authorize the electors of any town to prohibit the use of wire fences,
for division fences, if such fences comply with the requirements of this
section. Whenever such fence shall become so out of repair as to be
unsafe, it shall be the duty of the owner or owners to immediately
repair the same. But this section shall not be so construed as to permit
railroad corporations to use barbed wire in the construction of fences
along their lines contrary to the provisions of section fifty-two of the
railroad law.
Lien upon strays. Whenever any person shall have any strayed
horses, cattle, sheep, swine or other beast upon his inclosed land, or
shall find any such beast on land owned or occupied by him doing damage,
and such beast shall not have come upon such lands from adjoining lands,
where they are lawfully kept, by reason of his refusal or neglect to
make or maintain a division fence required of him by law, such person
may have a lien with priority over all other liens upon such beasts, for
so long as such person shall retain possession of such beasts, for the
damage sustained by reason of their so coming upon his lands and doing
damage, for his reasonable charges for keeping them, and all fees and
costs made thereon, and he may keep such beast until such damages,
charges, fees and costs are paid, or such lien is foreclosed, upon
complying with the provisions of this article relating thereto.
Notice of lien to town clerk. If such beasts are not redeemed
within five days after coming upon such lands, the person entitled to
such lien shall deliver to the town clerk of the town, within which such
lands or some part thereof shall be, a written notice subscribed by him,
containing his residence, and a description of the beasts so strayed or
coming upon his lands, as near as may be, and that he claims a lien on
such beasts for such damages, charges, fees and costs. The town clerk
shall record the notice in a book to be kept by him for that purpose,
for which he shall receive ten cents for each beast, to be paid by the
person delivering the notice. Such books shall always be kept open for
inspection, and no fees shall be taken by the clerk therefor.
Impounding strays. Within six days after such beasts shall have
come upon such lands, such owner or occupant may cause them to be put in
the nearest pound in the same town, if there be one, there to remain
until they be redeemed, sold or reclaimed according to law. If there be
no such pound, or he elect to keep such beasts, he shall cause them to
be properly fed and cared for until they are redeemed, sold or reclaimed
according to law.
Notice of strays to owner. Within thirty days after any such
beasts may have come or been found upon any lands, the owner or occupant
of the lands shall serve a written notice, either personally or by mail,
upon the owner of the beasts, if known, that they are upon his lands, or
in pound, as the case may be, and are held by him as strays or beasts
doing damage, as the case may be; and if such owner is not known, he
shall publish such notice, within such time, in the nearest newspaper of
the county for at least two successive weeks.
Charges for notice of strays. The person delivering the notice
to the town clerk shall be entitled to receive therefor, in addition to
the fees paid the town clerk, fifteen cents each for all horses, mules,
cattle and swine, and five cents for each other beasts described in the
notice. If the charges, damages, costs and fees are not agreed upon
between the person delivering the notice and the owner of the beasts,
they shall be determined by two fence viewers of the town, one of whom
shall be selected by the person claiming the lien, the other by the
fence viewer so selected. If such fence viewers cannot agree, they shall
select another to act with them, and the decision of any two of them
shall be final.
Fees of fence viewers as to strays. Each fence viewer shall be
entitled to receive ten cents for every mile he shall be obliged to
travel from his residence to the place where the beasts are kept, and
seventy-five cents for a certificate of the charges as ascertained by
them.
Foreclosure of lien upon strays. If the owner of such beasts
shall not redeem the same within one month after delivery of the notice
to the town clerk, the person delivering the notice may foreclose his
lien by action, or by a sale of the beasts, as herein provided. When a
person claiming a lien, as herein provided, shall fail to establish the
same, he shall not be entitled to receive anything for damages, charges,
fees or costs, but shall be liable to pay all fees, costs and expenses
incurred by reason of his keeping such beasts and the proceedings
thereon.
Notice of sale of strays by fence viewers. After such one
month, a fence viewer of the town, on application of the person
delivering the notice, shall give at least ten days' previous notice of
the time and place of the sale of such beasts, by advertisement posted
in at least five public places in the town where such beasts may have
been kept, one of which shall be at or near the outside door of the town
clerk's office. In the event that the town maintains a website, such
information may also be provided on the website. At the time and place
mentioned, such fence viewers shall sell such beasts to the highest
bidder, unless redeemed by the owner.
Proceeds of sale of strays. Out of the proceeds from such sale,
the fence viewer shall retain and pay the sums charged for such notices,
fees and costs, together with the sums specified in the certificate for
keeping the beasts, and damages done by them; and the like charges for
the sale as are allowed on sales under executions issued out of
justices' courts, and he shall pay the residue to the owner of the
beasts, if he shall appear and demand the same.
Notice to owner of strays of fence viewers' meeting. When the
owner of such beasts is known and resides in the same town where such
beasts are kept, five days' notice of the time and place of meetings of
the fence viewers to determine the damages done by such beasts, and the
charges for keeping them, shall be personally served on him; if he
resides elsewhere, and his post-office address is known, such notice
shall be served by mail or personally.
Duties of fence viewers as to strays. The fence viewers shall
view the premises where damages are claimed to have been done, and they
may issue subpoenas, examine witnesses and take any competent evidence
of the facts and circumstances necessary to enable them to determine the
matter submitted to them, and shall determine any dispute that may arise
touching the sufficiency of any division fence around the premises where
such damage was done, and from where and how the beasts came upon the
lands of the person claiming such damages and charges; if they determine
that for any cause the claimants' lien is not enforceable, they shall so
certify, and the owner of the beasts shall thereupon be entitled to them
without paying any charges thereon.
Foreclosure of lien upon strays by action. When such lien is
foreclosed by action, all questions relating to damages, charges,
sufficiency of fence, and from where and how such beasts came upon the
lands of the person claiming such damages and charges shall be proven
upon the trial of such action, and no certificate of fence viewers upon
such questions shall then be necessary.
Surplus money upon sale of strays. If the owner of the beasts
shall not appear and demand the residue of such moneys within one year
after the sale he shall be thereafter precluded from recovering any part
thereof, and the same shall be paid by the officer making the sale to
the supervisor of the town, or, in cities, to the treasurer, and their
receipt shall be a legal discharge to the keeper of such beasts and the
officer selling the same. If the officer who shall have sold such beasts
shall not, within thirty days after the expiration of the year, pay such
moneys to the supervisor of the town, or, in cities, to the treasurer he
shall forfeit to the town or city double the sum so remaining in his
hands, together with the amount of such moneys.
Damages from other personal property. When any person shall be
authorized to distrain inanimate goods or chattels doing damage, or
whenever any logs, timbers, boards or plank, in rafts or otherwise, or
other personal property shall have drifted upon his lands, he shall be
entitled to the same remedies and shall proceed therein in the same
manner and with the same powers as herein provided with respect to
beasts found doing damage, so far as such provisions are applicable. He
must deliver his notice of lien to the town clerk, describing the
property, within thirty days after it lodges upon his lands, and he
shall keep the same in some convenient place without removal to a pound
until the property is sold or reclaimed. The same officer shall conduct
proceedings therein as in proceedings where beasts are found doing
damage, and all proceeds of sale shall be, in like manner, paid over and
applied, subject to the same penalties and liabilities, and with the
same force and effect. The fee of the town clerk for filing and
recording such notices of lien shall be one dollar and the charges of
the land owner claiming such lien and delivering such notice to the town
clerk, pursuant to this section, shall be at the rate of five cents for
each such stray, but shall in no event exceed the sum of fifty dollars
upon any one lien. Any lien for logs, timber, boards or planks, in
rafts or otherwise, filed herein may be discharged in the manner
provided in sections nineteen and twenty of the lien law, with reference
to the discharge of mechanics' liens, so far as such provisions are
applicable.
Penalty of conversion of floating lumber. Whoever shall convert
to his own use, without the consent of the owner thereof, any logs,
timber, boards or plank, floating in any of the waters of this state, or
lying on the banks or shores of any such waters, or on any island where
the same may have drifted, shall, for every offense, forfeit to the
owner of such logs, or other lumber, three times the value thereof.
Nothing contained in this section shall be construed to extend to that
kind of lumber called driftwood.
Application of article. The villages and cities of this state
shall be considered towns for the purpose of construing provisions of
this article relating to strays; and the trustees of the village and the
alderpersons, council members or members of the legislative body of the
city shall be fence viewers therein for such purposes.
Erection and discontinuance of pounds. Whenever the electors of
any town shall determine at a biennial town election to erect one or
more pounds therein, and whenever a pound shall now be erected in any
town, the same shall be kept under the care and direction of a
pound-master, to be appointed for that purpose. The electors of any town
may, at a biennial town election, discontinue any pounds therein.
Pound-master's fees. The pound-masters shall be allowed the
following fees for their services, to wit: For taking into the pound and
discharging therefrom every horse, mule and head of cattle, fifteen
cents; for every other beast, ten cents.
ARTICLE 19 Laws Repealed; Temporary Provisions and Saving Clause
Laws repealed. Chapter sixty-three of the laws of nineteen
hundred nine, entitled "An act relating to towns, constituting chapter
sixty-two of the consolidated laws," and all acts amendatory thereof and
supplemental thereto, constituting the town law as heretofore in force,
are hereby repealed, except as otherwise provided herein.
Temporary provisions and saving clause. 1. If, at the time this
section takes effect, a town shall have an assessed valuation of ten
million dollars or more as shown by the latest completed assessment-roll
thereof, or adjoins a city having a population of three hundred thousand
or more, as shown by the latest federal or state census or enumeration,
or if such town has a population of five thousand or more, and less than
ten thousand, such town may become a town of the first class on and
after January first, nineteen hundred thirty-four, if it be so
determined as herein provided. Such population shall be determined in
accordance with the decennial federal census of nineteen hundred thirty.
Not later than June fifteenth, nineteen hundred thirty-three, the town
board of such town may adopt a resolution that the town shall be a town
of the first class, which resolution shall be subject to referendum as
herein provided. Within four days after the adoption of any such
resolution, the town clerk shall cause copies thereof to be posted in
ten public places in the town, with a statement of the date of its
adoption. Within fourteen days after the adoption of such resolution, a
petition may be filed requiring such resolution to be submitted to the
electors of the town, qualified to vote thereon, for their approval. The
form of the question to be submitted thereon shall be "Shall the
resolution of the town board of the town of ......... that the town
become a town of the first class, be approved?" If no such resolution
shall have been adopted within the time above provided, a petition may
be filed, not later than June twenty-ninth, nineteen hundred
thirty-three, requiring the submission to such electors of the
proposition "Shall the town of ............ become a town of the first
class?" A petition for any of the above purposes shall be filed with the
town clerk, and shall be signed and duly acknowledged by at least one
hundred electors of the town, qualified to vote on the question or
proposition. The question or proposition for which the petition shall
have been filed shall be submitted by the town board at a special town
meeting to be held at a time, not later than August first, nineteen
hundred thirty-three, and at such place or places in the town, as may be
fixed by the town board. Notice of the election shall be given, such
meeting held and the votes canvassed and result certified and returned
in the manner provided by the provisions of the town law relating to
special town meetings as in force immediately prior to the taking effect
of this section. Only a qualified elector of the town owning property in
the town assessed upon the last preceding assessment-roll thereof shall
be allowed to vote at such meeting. If the town board shall have adopted
such a resolution and no petition shall have been filed, within the time
above provided, for a referendum thereon, or if a majority of the votes
cast on any proposition or question submitted as herein provided be in
the affirmative, such town shall be a town of the first class on January
first, nineteen hundred thirty-four, and all of the provisions of this
act applying to such a town shall apply thereto. If, by any method above
prescribed, it shall have been determined that such a town is to be in
the first class, the supervisor and town clerk not later than August
fifteenth, nineteen hundred thirty-three, shall make and file in the
offices of the department of state and department of audit and control
their affidavit in duplicate setting forth the facts showing such
determination and the manner in which it was effected. If such town, as
the result of such a resolution or election, is to become a town of the
first class, and party candidates for town offices are nominated at fall
primaries, the designating petitions under the election law shall be
only for elective offices of a town of such class. However, a
designating petition, properly signed and executed, when offered for
filing to the board of elections shall be received if it pertains to any
town offices of a town of the first class which may be filled at the
biennial town meeting in the year nineteen hundred thirty-three, and the
name and title of office of a candidate designated therein for
nomination to a town office which cannot be filled at such biennial town
meeting, or for a term for which an officer may not be voted for
thereat, and the names and titles of offices of candidates designated
for more offices of the same kind than may be voted for at such town
meeting, shall be deemed stricken from such petition and to be no part
thereof.
2. Not later than June fifteenth, nineteen hundred thirty-three, the
town board of any town may adopt a resolution that the office of town
clerk shall be an appointive office in such town, which resolution shall
be subject to referendum as herein provided. Within four days after the
adoption of any such resolution, the town clerk shall cause copies
thereof to be posted in ten public places in the town, with a statement
of the date of its adoption. Within fourteen days after the adoption of
such resolution, a petition may be filed, requiring such resolution be
submitted to the electors of the town, for their approval. The form of
the question to be submitted thereon shall be "Shall the resolution of
the town board of the town of .........., that the office of town clerk
shall be an appointive office, be approved?" If no such resolution shall
have been adopted within the time above provided, a petition may be
filed not later than June twenty-ninth, nineteen hundred thirty-three,
requiring the submission to such electors of the proposition "Shall the
office of town clerk be an appointive office?" A petition for any of the
above purposes shall be filed with the town clerk, and shall be signed
and duly acknowledged by at least one hundred electors of the town. The
question or proposition for which the petition shall have been filed
shall be submitted by the town board at a special town meeting to be
held at a time, not later than August first, nineteen hundred
thirty-three, and at such place or places in the town, as may be fixed
by the town board. Notice of the election shall be given, such meeting
held and the votes canvassed and result certified and returned in the
manner provided by the provisions of the town law relating to special
town meetings as in force immediately prior to the taking effect of this
section. Every elector of the town shall be entitled to vote at such
meeting. If the town board shall have adopted such a resolution and no
petition shall have been filed, within the time above provided, for a
referendum thereon, or if a majority of the votes cast on any
proposition or question submitted as herein provided be in the
affirmative, the office of town clerk shall thereafter be an appointive
office in such town and no town clerk shall be elected at the biennial
town meeting in the year nineteen hundred thirty-three, and upon the
expiration of the term of office of the town clerk for whom no successor
shall be elected, the town board shall appoint a town clerk who shall
take and hold office for the term provided by this chapter.
3. Not later than June fifteenth, nineteen hundred thirty-three, the
town board of any town may adopt a resolution that the office of town
superintendent of highways shall be an appointive office in such town,
which resolution shall be subject to referendum as herein provided.
Within four days after the adoption of any such resolution, the town
clerk shall cause copies thereof to be posted in ten public places of
the town, with a statement of the date of its adoption. Within fourteen
days after the adoption of such resolution, a petition may be filed
requiring such resolution be submitted to the electors of the town, for
their approval. The form of the question to be submitted thereon shall
be "Shall the resolution of the town board of the town of ............,
that the office of town superintendent of highways shall be an
appointive office, be approved?" If no such resolution shall have been
adopted within the time above provided, a petition may be filed not
later than June twenty-ninth, nineteen hundred thirty-three, requiring
the submission to such electors of the proposition "Shall the office of
town superintendent of highways be an appointive office?" A petition for
any of the above purposes shall be filed with the town clerk, and shall
be signed and duly acknowledged by at least one hundred electors in a
town of the first class, and by at least twenty-five electors in a town
of the second class. The question or proposition for which the petition
shall have been filed shall be submitted by the town board at a special
town meeting to be held at a time, not later than August first, nineteen
hundred thirty-three, and at such place or places in the town, as may be
fixed by the town board. Notice of the meeting shall be given, such
meeting held and the votes canvassed and result certified and returned
in the manner provided by the provisions of the town law relating to
special town meetings, as in force immediately prior to the taking
effect of this section. Every elector of the town shall be entitled to
vote at such meeting. If the town board shall have adopted such
resolution and no petition shall have been filed, within the time above
provided, for a referendum thereon, or if a majority of the votes cast
on any proposition or question submitted as herein provided be in the
affirmative, the office of town superintendent of highways shall
thereafter be an appointive office in such town, and no town
superintendent of highways shall be elected at the biennial town meeting
in the year nineteen hundred thirty-three, and upon the expiration of
the term of office of the town superintendent of highways for whom no
successor shall be elected, the town board shall appoint a town
superintendent of highways who shall take and hold office for the term
provided by this chapter.
3-a. Not later than June fifteenth, nineteen hundred thirty-three the
town board of any town which is to be in the first class may adopt a
resolution that the number of council members to be elected shall be
reduced from four to two, which resolution shall be subject to
referendum as herein provided. Within four days after the adoption of
any such resolution, the town clerk shall cause copies thereof to be
posted in ten public places of the town, with a statement of the date of
its adoption. Within fourteen days after the adoption of such
resolution, a petition may be filed requiring that such resolution be
submitted to the electors of the town, for their approval. The form of
the question to be submitted thereon shall be "Shall the resolution of
the town board of the town of ............., that the number of council
members to be elected be reduced from four to two, be approved?" If no
such resolution shall have been adopted within the time above provided,
a petition may be filed not later than June twenty-nine, nineteen
hundred thirty-three, requiring the submission to such electors of the
proposition "Shall the resolution of the town board of the town of
.............., that the number of council members to be elected be
reduced from four to two, be approved?" A petition for any of the above
propositions shall be filed with the town clerk and shall be signed and
duly acknowledged by at least one hundred electors of the town. The
question or proposition for which the petition shall have been filed
shall be submitted by the town board at a special town meeting to be
held at a time, not later than August first, nineteen hundred
thirty-three and at such place or places in the town as may be fixed by
the town board. Notice of the meeting shall be given, such meeting held
and the votes canvassed and results certified and returned in the manner
provided by the provisions of the town law relating to special town
meetings, as in force immediately prior to the taking effect of this
section. Every elector of the town shall be entitled to vote at such
meeting. If the town board shall have adopted such a resolution and no
petition shall have been filed, within the time above provided, for a
referendum thereon, or if a majority of the votes cast on any
proposition or question submitted as herein provided be in the
affirmative, such town shall have only two town council members and
party nominations for such offices made, and designating petitions filed
and two town council members shall be elected at the biennial town
meeting in the year nineteen hundred thirty-three, one for a term of two
years and one for a term of four years and thereafter at each biennial
town election in such town there shall be elected one town council
member for a term of four years, in the same manner as other elective
town officers in such town.
4. The next biennial town meeting and election of town officers in
every town of the state shall be held on the first Tuesday after the
first Monday in November in the year nineteen hundred thirty-three. It
shall be conducted by the officers conducting the general election, and
be held at the same places and during the same hours as such election;
and the laws governing town meetings held at the time of the general
election shall apply. The town officers to be elected thereat shall be
those and only those elective town officers of a town of the class to
which the town shall belong, under the provisions of this chapter, on
January first, nineteen hundred thirty-four. They shall be so elected
for the terms prescribed by this chapter, and such terms shall begin on
such first day of January, nineteen hundred thirty-four, except that the
terms of collectors shall begin on the day following such election.
Nothing herein, however, shall be construed to require the appointment
of three assessors in a town of the first class nor the election of
three assessors in a town of the second class, if on or before June
first, nineteen hundred thirty-three, such town shall have reduced the
number of its assessors from three to one, pursuant to the provisions of
chapter four hundred seventy-eight of the laws of nineteen hundred
twenty-five, and in such a town no assessor shall be elected at the
biennial town meeting in the year nineteen hundred thirty-three. Nothing
herein, however, shall be construed to require the election of a
superintendent of highways in a town which shall have adopted a
proposition that thereafter such town superintendent shall be appointed
by the town board, pursuant to the provisions of section forty-one of
the highway law, and in such town no superintendent of highways shall be
elected at the biennial town meeting in the year nineteen hundred
thirty-three. The provisions of this subdivision shall not apply to
towns in the county of Broome.
5. In a town which is to be in the first class, but one justice of the
peace shall be elected for a full term at such biennial town meeting for
the year nineteen hundred thirty-three, and but one for a full term at
each biennial town election thereafter. The town board of any such town,
however, may adopt a resolution on or before June fifteenth, nineteen
hundred thirty-three, determining that no justice of the peace shall be
elected at the biennial town meeting for the year nineteen hundred
thirty-three. If the town board shall adopt such a resolution within the
time specified, no justice of the peace shall be elected at the biennial
town meeting of such town for the year nineteen hundred thirty-three,
and two justices of the peace shall be elected for a full term each at
the biennial town election in the year nineteen hundred thirty-five and
two justices of the peace shall be elected at every second biennial town
election held thereafter. No provision of this chapter shall be
construed to abridge the term of a justice of the peace heretofore
elected in any town of the first class. Not later than August first,
nineteen hundred thirty-three, the town board of any town which is to be
in the first class and which shall have a population of thirty-five
thousand or more, according to the latest federal census or state
enumeration, may adopt a resolution determining that such town shall
have four justices of the peace. If the town board shall have adopted
such a resolution, such town shall have four justices of the peace and
party nominations for such offices shall be made and designating
petitions may be filed and two justices of the peace shall be elected at
the biennial town meeting in the year nineteen hundred thirty-three and
at each biennial town election thereafter, in the same manner as other
elective town officers in such town.
5-a. 1. At the biennial town election to be held on the seventh day of
November, nineteen hundred thirty-nine, and at each biennial town
election held thereafter in each town of the second class, except as
otherwise provided herein, there shall be elected one justice of the
peace for the full term prescribed by law and one town council member
for a term of four years to begin on the first day of January next
succeeding the election at which they were elected, and party
nominations for such offices shall be made and designating petitions may
be filed and such officers shall be elected in the same manner as other
elective officers in such town. During the period from January first,
nineteen hundred forty until January first, nineteen hundred forty-two,
the supervisor, the three justices of the peace and the town council
member of such town shall constitute the town board thereof. On the
first day of January, nineteen hundred forty-two and thereafter, the
supervisor, the two justices of the peace and the two town council
members shall constitute such town board.
2. At the biennial town election to be held in the year nineteen
hundred forty in each town in the county of Broome and at each biennial
town election held in such towns thereafter, there shall be elected one
justice of the peace for the full term prescribed by law and one town
council member for a term of four years to begin on the first day of
January next succeeding the election at which they were elected, and
party nominations for such offices shall be made and designating
petitions may be filed and such officers shall be elected in the same
manner as other elective town officers in such town. During the period
from January first, nineteen hundred forty-one until January first,
nineteen hundred forty-three, the supervisor, the three justices of the
peace and the town council member of such town shall constitute the town
board thereof. On the first day of January, nineteen hundred forty-three
and thereafter, the supervisor, the two justices of the peace and the
two town council members shall constitute such town board.
3. The provisions of this subdivision shall not apply to a town having
less than three hundred inhabitants according to the latest federal
census and having a taxable property valuation of less than one hundred
thousand dollars according to the latest assessment roll.
4. The provisions of this subdivision shall not apply to a town having
more than four justices of the peace pursuant to law.
5. Notwithstanding the provisions of paragraph one of this
subdivision, the town board of any town required thereby to elect one
justice of peace and one town council member at the biennial election to
be held on the seventh day of November, nineteen hundred thirty-nine,
may adopt a resolution on or before but not later than the first day of
July, nineteen hundred thirty-nine, determining that there shall be
elected at the biennial town election of nineteen hundred thirty-nine,
two justices of peace for the full term prescribed by law but no town
council member. If the town board shall adopt such a resolution, the
town clerk shall cause a certified copy thereof to be filed in the
office of the board of elections of said county on or before the tenth
day of July, nineteen hundred thirty-nine, and party nominations for the
offices of justice of peace shall be made and designating petitions may
be filed and two justices of peace shall be elected at said biennial
town election of nineteen hundred thirty-nine, in the same manner as
other elective town officers in such town.
In any such town in which two justices of peace shall be so elected at
the biennial town election held in the year nineteen hundred
thirty-nine, there shall be elected at the biennial town election held
in the year nineteen hundred forty-one and at every biennial town
election thereafter, one justice of peace and one town council member
for the terms and in the manner prescribed in said paragraph one of this
subdivision.
6. The town board of any town which shall have adopted a resolution
pursuant to paragraph five of this subdivision, determining that two
justices of peace shall be elected at the biennial town election to be
held on the seventh day of November, nineteen hundred thirty-nine, may
also adopt a resolution on or before but not later than the first day of
July, nineteen hundred thirty-nine, determining that the following
proposition shall be submitted to the electors of such town at said
biennial town election of nineteen hundred thirty-nine, to wit: "Shall
the number of justices of peace in this town be reduced from four to two
by the election of one justice of peace and one town council member for
terms of four years each at the biennial town elections to be held in
the years nineteen hundred forty-one and nineteen hundred forty-three
and at each biennial town election thereafter, and shall the town board
of this town consist of the supervisor and such justices of peace and
town council member?" The town board shall give notice of the submission
of such proposition and such proposition shall be submitted in the
manner provided in article six of this chapter for the submission of
propositions at special or biennial town elections. The polls shall
remain open during the hours fixed for the election of town officers.
Every elector of the town qualified to vote at such election for town
officers shall be entitled to vote upon the foregoing proposition. The
votes upon such proposition shall be canvassed and certified to the town
clerk in the manner provided in section eighty-three of this chapter. If
a majority of the votes cast in such town upon such proposition shall be
in the affirmative, there shall be elected at the biennial town election
held in the year nineteen hundred forty-one and at every biennial town
election thereafter, one justice of peace and one town council member
for the terms and in the manner prescribed in paragraph one of this
subdivision. If a majority of the votes cast in such town upon such
proposition shall not be in the affirmative there shall be elected at
the biennial town election held in the year nineteen hundred forty-one
and at every biennial town election thereafter, two justices of peace
for the full term prescribed by law, but no town council member.
7. Notwithstanding the provisions of paragraph two of this
subdivision, the town board of any town in the county of Broome required
thereby to elect one justice of peace and one town council member at the
biennial election to be held in the year nineteen hundred forty, may
adopt a resolution on or before but not later than the first day of
July, nineteen hundred forty, determining that there shall be elected at
the biennial town election of nineteen hundred forty, two justices of
peace for the full term prescribed by law but no town council member. If
the town board shall adopt such a resolution, the town clerk shall cause
a certified copy thereof to be filed in the office of the board of
elections of said county on or before the tenth day of July, nineteen
hundred forty, and party nominations for the offices of justice of peace
shall be made and designating petitions may be filed and two justices of
peace shall be elected at said biennial town election of nineteen
hundred forty, in the same manner as other elective town officers in
such town.
In any such town in which two justices of peace shall be so elected at
the biennial town election held in the year nineteen hundred forty,
there shall be elected at the biennial town election held in the year
nineteen hundred forty-two and at every biennial town election
thereafter, one justice of peace and one town council member for the
terms and in the manner prescribed in paragraph two of this subdivision.
The town board of any town which shall have adopted a resolution
pursuant to this paragraph, determining that two justices of peace shall
be elected at the biennial town election to be held in the year nineteen
hundred forty, may also adopt a resolution on or before but not later
than the first day of July, nineteen hundred forty, determining that the
following proposition shall be submitted to the electors of such town at
said biennial town election of nineteen hundred forty, to wit: "Shall
the number of justices of peace in this town be reduced from four to two
by the election of one justice of peace and one town council member for
terms of four years each at the biennial town elections to be held in
the years nineteen hundred forty-two and nineteen hundred forty-four and
at each biennial town election thereafter, and shall the town board of
this town consist of the supervisor and such justices of peace and town
council member or council members?" The town board shall give notice of
the submission of such proposition and such proposition shall be
submitted in the manner provided in article six of this chapter for the
submission of propositions at special or biennial town elections. The
polls shall remain open during the hours fixed for the elections of town
officers. Every elector of the town qualified to vote at such election
for town officers shall be entitled to vote upon the foregoing
proposition. The votes upon such proposition shall be canvassed and
certified to the town clerk in the manner provided in section
eighty-three of this chapter. If a majority of the votes cast in such
town upon such proposition shall be in the affirmative, there shall be
elected at the biennial town election held in the year nineteen hundred
forty-two, and at every biennial town election thereafter, one justice
of peace and one town council member for the terms and in the manner
prescribed in paragraph two of this subdivision. If a majority of the
votes cast in such town upon such proposition shall not be in the
affirmative there shall be elected at the biennial town election in the
year nineteen hundred forty-two and at every biennial town election
thereafter, two justices of peace for the full term prescribed by law,
but no town council member.
6. If the town board of any town, shall be required to submit to the
qualified electors of the town more than one question or proposition
pursuant to the provisions of any subdivision of this section, all of
such questions or propositions shall be submitted at a special town
meeting to be held at the same time, not later than August first,
nineteen hundred thirty-three, at such place or places in the town, as
may be fixed by the town board.
7. Nothing contained in this chapter shall be construed to require the
election, in a town which is to belong in the second class, of two
justices of the peace for full terms at such biennial town meeting in
the year nineteen hundred thirty-three, if heretofore two justices of
the peace shall have been elected for full terms to begin January first,
nineteen hundred thirty-four.
8. In a town which is to belong in the second class, only four
justices of the peace heretofore or hereafter elected for terms or parts
of terms expiring not earlier than December thirty-first, nineteen
hundred thirty-five, or justices appointed or to be appointed or to be
elected pursuant to law, to fill vacancies in their offices, shall be
members of the town board.
9. The term of every elective town officer, other than justice of the
peace, heretofore elected shall expire on the thirty-first day of
December, nineteen hundred thirty-three, unless the office be one having
a four year term and be one that is continued as an elective office,
with a like term, after the first day of January, nineteen hundred
thirty-four, and the officer was elected for a term expiring on or after
the thirty-first day of December, nineteen hundred thirty-five, in which
case the term of such officer, other than justice of the peace, shall
expire on that day, except that collectors heretofore elected for a term
expiring before the biennial town election in the year nineteen hundred
thirty-five, shall expire on the day of the town meeting herein provided
for. At the biennial town meeting or election held in the years nineteen
hundred thirty-three or nineteen hundred thirty-five next preceding any
such expiration, successors shall be elected for full terms, beginning
on the first day of January following election, if the office continues
to be elective. No provision of this chapter shall be construed to
abridge the term of office of any town officer, except assessor,
heretofore elected for a term of four years beginning on the first day
of January, nineteen hundred thirty, pursuant to the provisions of
chapter three hundred forty-six of the laws of nineteen hundred sixteen,
and successors to such officers shall be elected for full terms of four
years at the biennial town election to be held in the year nineteen
hundred thirty-three and at every second biennial town election held
thereafter. Nothing herein contained shall affect the provisions of
section five of the public officers law. The provisions of this
subdivision shall not apply to towns in the county of Broome.
9-a. Notwithstanding any inconsistent provision of this chapter, an
assessor of any town of the first class in the county of Erie, in office
on December thirty-first, nineteen hundred thirty-three, whose term of
office for which he was elected has not expired shall continue in office
for the term for which he was elected. In any such town not to exceed
two, assessors shall be appointed for terms of two years each commencing
January first, nineteen hundred thirty-four, but no assessor shall be
appointed to succeed a present incumbent of the office of assessor,
except in case of a vacancy, until the expiration of his term.
10. Not later than June twenty-ninth, nineteen hundred thirty-three, a
petition may be filed requiring the submission to the qualified electors
of any sewer, water, park, refuse and garbage, or public dock district,
in which there are district commissioners, of the proposition "shall the
provisions of article thirteen of chapter (here insert the number of the
chapter) of the laws of nineteen hundred thirty-two, entitled 'An act
relating to towns, constituting chapter sixty-two of the consolidated
laws' be made applicable to this district?" A petition for any of such
purposes shall be filed with the town clerk, and shall be signed and
duly acknowledged by owners of real property situate in such district
owning in aggregate at least twenty-five per centum of all the real
property within such district. The proposition for which the petition
shall have been filed shall be submitted by the town board at a special
town meeting to be held at a time not later than August first, nineteen
hundred thirty-three, and at a place within such district, to be fixed
by the town board. Notice of the meeting shall be given, such meeting
held and the votes canvassed and result certified and returned in the
manner provided by the provisions of the town law relating to special
town meetings as in force immediately prior to the taking effect of this
section. Every elector of the town who is a resident and the owner of
property in such district assessed upon the last preceding town
assessment roll shall be entitled to vote at such meeting. If a majority
of the votes cast on any proposition submitted as herein provided be in
the affirmative, the provisions of article thirteen of this chapter
shall be applicable to such district and the affairs of such district
shall be administered in the manner therein provided.
11. Nothing in this act shall affect or impair the provisions and
requirements of articles five to fourteen, both inclusive, of the
conservation law, nor affect, impair nor repeal chapter five hundred
sixteen of the laws of nineteen hundred twenty-eight, as amended.
12. Joint water districts or water districts in two or more towns,
heretofore created or established pursuant to the provisions of article
thirteen of the town law, as the same existed prior to its repeal by
this act, shall continue as now established and the officers therein
named or referred to shall have all the powers and be subject to the
duties specified by such article, to the same effect as though such
article had not been repealed by this act. The water commissioners
therein referred to may provide that a discount shall be allowed for the
prompt payment of water rates within the time required by such
commissioners for the payment thereof. The provisions of section
one-hundred ninety-eight, subdivision twelve (b) of this chapter as to
leasing of water storage and distribution facilities shall apply to
joint water districts continued pursuant to this subdivision twelve.
13. Not later than June fifteenth, nineteen hundred thirty-three, the
town board of any town containing a population of ten thousand or more
as shown by the latest federal census, excepting towns in Broome and
Suffolk counties, and of any other town which shall determine by any of
the methods prescribed by subdivision one of this section to be a town
of the first class, may adopt a resolution to establish the ward system
for the election of council members for such town, which resolution
shall be subjected to referendum as herein provided. Within four days
after the adoption of such resolution, the town clerk shall cause copies
thereof to be posted in ten public places in the town, with a statement
of the date of its adoption Within fourteen days after the adoption of
such resolution, a petition may be filed requiring such resolution be
submitted to the electors of the town, for their approval. The form of
question to be submitted thereon shall be "Shall the resolution of the
town board of the town of ............., establishing the ward system
for the election of town council members, be approved?" If no such
resolution shall have been adopted within the time above provided, a
petition may be filed not later than June twenty-ninth, nineteen hundred
thirty-three, requiring the submission to such electors of the
proposition "Shall the ward system be established for the election of
town council members?" A petition for any of the above purposes shall be
filed with the town clerk, and shall be signed and duly acknowledged by
at least one hundred electors of the town. The question or proposition
for which a petition shall have been filed shall be submitted by the
town board at a special town meeting to be held at a time, not later
than August first, nineteen hundred thirty-three, and at such place or
places in the town as may be fixed by the town board. Notice of the
election shall be given, such meeting held and the votes canvassed and
result certified and returned in the manner provided by provisions of
the town law relating to special town meetings as in force immediately
prior to the taking effect of this section. Every elector of the town
shall be entitled to vote at such meeting. If the town board shall have
adopted such a resolution and no petition shall have been filed, within
the time above provided, for a referendum thereon, or if a majority of
the votes cast on any proposition or question submitted as herein
provided be in the affirmative, the board of elections of the county in
which such town is situate shall forthwith divide the town into four
wards and fix the boundaries thereof. In so dividing the town into
wards, no town election district shall be divided and no election
district shall contain parts of two or more wards. So far as possible
the division shall be so made that the number of votes in each ward
shall be approximately equal. When the board of elections shall have
finally determined the boundaries of the wards, the board shall cause a
map of the town to be prepared showing in detail the location of each
ward and the boundaries thereof. The original map so made shall be filed
in the office of the town clerk and copies thereof shall be filed in the
offices of the county clerk and the board of elections of the county.
The ward system shall be deemed established after such filing is
complete. Party nominations shall be made, designating petitions filed
and one resident elector of each ward shall be elected as council member
therefrom for a term of two years beginning on the first day of January
next succeeding such election, at the biennial town meeting in the year
nineteen hundred thirty-three, and biennially thereafter, in the same
manner as other elective town officers in such town.
14. An existing law, other than a provision of the former town law
hereby repealed, which confers a power or imposes a duty or obligation
on a particular town or group of towns, or the towns of a particular
county or counties, or an officer or officers thereof, or which provides
for the election or appointment of additional officers, shall not be
affected nor impaired by this chapter. All provisions of this chapter,
however, not inconsistent with a law specified in this section shall
apply to any such town.
When to take effect. The provisions of sections one hundred
eighty-six and three hundred forty-one of this chapter shall take effect
June first, nineteen hundred thirty-three. The provisions of sections
one hundred ten to one hundred twenty-one, inclusive, of this chapter so
far as the same pertain to the preparation of preliminary and annual
estimates and public hearings thereon, the adoption of the annual
estimate, annual appropriations, the levy of taxes for the year nineteen
hundred thirty-four and the issuance and sale of bonds or certificates
of indebtedness, pursuant to section one hundred twenty-one, shall take
effect August fifteenth, nineteen hundred thirty-three in every town
containing a population of ten thousand or more as shown by the
decennial federal census of nineteen hundred thirty, excepting towns in
the counties of Broome and Suffolk, in every town which shall have
determined by any method prescribed in subdivision one of section three
hundred forty-one of this chapter that such town is to be in the first
class, excepting, however, towns in the county of Ontario and the towns
to which the provisions of article six-a of the former town law repealed
by this act, shall apply prior to August fifteenth, nineteen hundred
thirty-three. The provisions of sections one hundred ninety to two
hundred two, inclusive, and two hundred twenty to two hundred forty-six,
inclusive, of this chapter shall take effect immediately. In all other
respects this chapter shall take effect January first, nineteen hundred
thirty-four.