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A07119 Summary:

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A07119 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
            S. 4605--A                                            A. 7119--A
 
                               2011-2012 Regular Sessions
 
                SENATE - ASSEMBLY
 
                                     April 13, 2011
                                       ___________
 
        IN  SENATE  --  Introduced by Sens. LAVALLE, JOHNSON, MARCELLINO -- read
          twice and ordered printed, and when printed to  be  committed  to  the
          Committee on Local Government -- recommitted to the Committee on Local
          Government  in  accordance  with  Senate  Rule  6, sec. 8 -- committee

          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
 
        IN ASSEMBLY -- Introduced by M. of A. THIELE, GALEF, MAISEL,  McDONOUGH,
          MONTESANO, MURRAY, ROBERTS, SCHIMEL, WEISENBERG, WEPRIN -- Multi-Spon-
          sored  by  --  M.  of A. GOODELL, McKEVITT, P. RIVERA, SAYWARD -- read
          once and referred to the Committee on Local Governments -- recommitted
          to the Committee on Local Governments in accordance with Assembly Rule
          3, sec. 2 -- committee discharged, bill amended, ordered reprinted  as
          amended and recommitted to said committee
 
        AN  ACT  to amend the town law, in relation to the establishment, exten-
          sion,  powers  and  expenses  of  watershed   protection   improvement
          districts
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 

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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09908-02-2
        S. 4605--A                          2                         A. 7119--A
 
     1  such  district,  wholly  at  the  expense  of the district; but no water
     2  supply district shall be established or extended to include lands  situ-
     3  ate within the boundaries of a water district. No such district shall be
     4  established  or  extended  in  a  city  or  in  an  incorporated village
     5  provided, however, that such a district may be established  or  extended
     6  wholly  or  partly  within  an  incorporated  village  on consent of the
     7  village expressed in a local law, ordinance or resolution, subject to  a

     8  referendum  on  petition under section twenty-four of the municipal home
     9  rule law or a permissive referendum under article nine  of  the  village
    10  law,  as  the  case  may  be, and except, in the case of a water quality
    11  treatment district, on consent of a village expressed in a local law  or
    12  by  resolution  of the board of trustees and not subject to any referen-
    13  dum.
    14    § 2. Paragraph a of subdivision 1 of section 193 of the town  law,  as
    15  amended  by  section  18 of part X of chapter 62 of the laws of 2003, is
    16  amended to read as follows:
    17    a. Whenever a petition shall be presented to the town  board  pursuant
    18  to this article, for the establishment or extension of a sewer, wastewa-
    19  ter  disposal,  drainage,  water,  water quality treatment, park, public
    20  parking, lighting, snow removal,  water  supply,  sidewalk,  refuse  and

    21  garbage,  aquatic  plant  growth  control  district, ambulance district,
    22  harbor improvement district, public dock district, beach erosion control
    23  district, watershed protection improvement district, or a fallout  shel-
    24  ter  district,  the board shall adopt an order and enter the same in the
    25  minutes of its proceedings, reciting in general terms the filing of such
    26  petition, the boundaries of  the  proposed  district,  the  improvements
    27  proposed, the maximum amount proposed to be expended for the improvement
    28  as  stated  in the petition or the maximum amount to be expended for the
    29  performance or supplying of services if a maximum amount  is  stated  in
    30  the  petition,  the  estimated cost of hook-up fees, if any, to, and the
    31  cost of the district or extension  to,  the  typical  property  and,  if
    32  different,  the  typical one or two family home, and specifying the time

    33  when and place where said board will meet to consider the  petition  and
    34  to  hear  all  persons interested in the subject thereof, concerning the
    35  same. The board shall cause a copy of such order, certified by the  town
    36  clerk,  to  be  published at least once in the official paper, the first
    37  publication thereof to be not less than ten nor more  than  twenty  days
    38  before  the day set therein for the hearing as aforesaid, and shall also
    39  cause a copy thereof to be posted on the signboard  of  the  town  main-
    40  tained  pursuant  to  subdivision six of section thirty of this chapter,
    41  not less than ten nor more than twenty days before  the  day  designated
    42  for  the  hearing  as  aforesaid. In the event that the town maintains a
    43  website, such information may also be provided on the website. Prior  to
    44  the  publication  of  a  copy  of the order, the board shall cause to be

    45  prepared, and file for public inspection with the town clerk, a detailed
    46  explanation of how the estimated cost of hook-up fees, if any,  to,  and
    47  the  cost  of the district or extension to, the typical property and, if
    48  different, the typical one or two family home was computed.
    49    § 3. Section 198 of the town law is amended by adding a  new  subdivi-
    50  sion 10-g to read as follows:
    51    10-g.  Watershed  protection  improvement  district. After a watershed
    52  protection improvement district has been established, the town board may
    53  take such action as may be required to adopt  plans  and  specifications
    54  and  enter  into  a contract or contracts, or take such other actions as
    55  may be required, for the  protection  and  restoration  of  groundwater,

    56  surface  waters,  and drinking water quality as it may deem to be neces-
        S. 4605--A                          3                         A. 7119--A
 
     1  sary or desirable, including but not  limited  to  stormwater  treatment
     2  projects and wetland construction.
     3    § 4. Subdivision 3 of section 202 of the town law, as amended by chap-
     4  ter 658 of the laws of 1990, is amended to read as follows:
     5    3.  The expense of the establishment of a park, public parking, water,
     6  lighting, snow removal, water supply, water, water storage and  distrib-
     7  ution,  sidewalk,  refuse  and  garbage,  aquatic  plant  growth control
     8  district, ambulance district,  harbor  improvement  district,  watershed
     9  protection  improvement  district, public dock district, fallout shelter

    10  district, or beach erosion control district, and providing  improvements
    11  or  services, or both, therefor, and of constructing lateral water mains
    12  pursuant to paragraph (b) of subdivision  one  of  section  one  hundred
    13  ninety-nine,  shall  be  assessed, levied and collected from the several
    14  lots and parcels of land within the district for  each  purpose  in  the
    15  same manner and at the same time as other town charges, except as other-
    16  wise  provided  by  law. In the event that any order adopted pursuant to
    17  section two hundred nine-d of this chapter for the  establishment  of  a
    18  water  district,  sidewalk district, a public parking district, a refuse
    19  and garbage district, an aquatic plant growth control district, lighting
    20  district, watershed protection improvement district,  or  beach  erosion
    21  and  control  district  or  that any petition for the establishment of a

    22  water district, sidewalk district, a public parking district,  a  refuse
    23  and garbage district, an aquatic plant growth control district, lighting
    24  district,  or  beach erosion control district, shall contain a statement
    25  that the cost of constructing  the  water  system,  sidewalks,  lighting
    26  system,  or  acquiring  and  improving  lands  for public parking or for
    27  refuse and garbage  purposes  or  for  beach  erosion  control,  or  for
    28  watershed  protection  improvement  district or for aquatic plant growth
    29  control, shall be assessed by the town board in proportion as nearly  as
    30  may  be  to  the benefit which each lot or parcel will derive therefrom,
    31  the amount to be raised for the payment of the principal and interest of
    32  the bonds issued for the construction of the  water  system,  sidewalks,
    33  lighting  system, or acquiring and improving lands for public parking or

    34  for refuse and garbage purposes or for beach  erosion  control,  or  for
    35  aquatic  plant  growth  control, or for watershed protection improvement
    36  district pursuant to such petition or order, shall be  assessed  on  the
    37  lands within such district in the same manner as provided in the case of
    38  trunk  sewers.  The expense of constructing lateral water mains pursuant
    39  to paragraph (c) of subdivision one of section one  hundred  ninety-nine
    40  shall  be  assessed,  levied  and  collected  from  the several lots and
    41  parcels of land within the district in proportion to the  area  of  such
    42  lot or parcel of land to the total area of the district.
    43    §  5.  Subdivision  2  of section 202-b of the town law, as amended by
    44  chapter 511 of the laws of 1989, is amended to read as follows:
    45    2. The town board may, on behalf of a park, public parking, ambulance,

    46  lighting, snow removal,  refuse  and  garbage,  public  dock,  watershed
    47  protection  improvement district, or beach erosion control district, and
    48  within the limitations of section one hundred ninety-eight of this chap-
    49  ter, acquire additional apparatus and equipment  and  replace  obsolete,
    50  inadequate,  damaged, destroyed or worn-out apparatus and equipment, and
    51  it may construct additional  facilities  and  appurtenances  thereto  or
    52  reconstruct or replace obsolete, inadequate, damaged, destroyed or worn-
    53  out  facilities  and  appurtenances  thereto.  Such expenditure shall be
    54  authorized in the manner provided in subdivision one  [hereof]  of  this
    55  section,  except that the map and plan described by said subdivision one
    56  shall not be  required.  However,  nothing  herein  contained  shall  be

        S. 4605--A                          4                         A. 7119--A
 
     1  construed  to  limit  or supersede the provisions of section seventy-two
     2  hundred three of the education law.
     3    §  6.  Subdivision  1  of section 209-a of the town law, as amended by
     4  chapter 397 of the laws of 1995, is amended to read as follows:
     5    1. the term "improvement district" shall include only a sewer,  waste-
     6  water  disposal,  drainage,  water, park, public parking, lighting, snow
     7  removal, water supply,  sidewalk,  refuse  and  garbage,  aquatic  plant
     8  growth  control,  or  watershed protection improvement district or ambu-
     9  lance district in any town, and, in any town bordering upon or  contain-
    10  ing  within  its  boundaries  any navigable water of this state a public
    11  dock or beach erosion control district;
    12    § 7. Subdivision 1 of section 209-d of the town  law,  as  amended  by

    13  chapter 397 of the laws of 1995, is amended to read as follows:
    14    1.  Subsequent  to the date of the filing of the map, plans and report
    15  in the office of the town clerk  as  required  in  section  two  hundred
    16  nine-c  of  this article the town board may adopt an order and enter the
    17  same in the minutes of its proceedings reciting  a  description  of  the
    18  boundaries  of the proposed district or extension in a manner sufficient
    19  to identify the lands included therein as in a deed of  conveyance,  the
    20  improvements  proposed,  the  maximum amount proposed to be expended for
    21  the improvement, the estimated cost of hook-up fees, if any, to, and the
    22  cost of the district or extension  to,  the  typical  property  and,  if
    23  different,  the  typical  one or two family home, the proposed method of
    24  financing to be employed, the fact that a map, plan and report  describ-

    25  ing  the  same  are  on  file  in  the  town  clerk's  office for public
    26  inspection and specifying the time when and the place where  said  board
    27  will  meet  and  hold a public hearing to hear all persons interested in
    28  the subject thereof, concerning the same.  If such order  proposes  only
    29  the performance or supplying of certain services, it may state the maxi-
    30  mum  amount  to  be expended annually for such services. The board shall
    31  cause a copy of such order to be published at least once in the official
    32  paper, the first publication thereof to be not less than  ten  nor  more
    33  than  twenty  days  before the day set therein for the hearing as afore-
    34  said, and shall also cause a copy thereof to be posted on the sign-board
    35  of the town maintained pursuant to subdivision six of section thirty  of
    36  this chapter, not less than ten nor more than twenty days before the day

    37  designated  for  the  hearing as aforesaid. Such order may further state
    38  such place other than the town clerk's office where the  map,  plan  and
    39  report  may  be  examined  in  advance of the hearing, if the town board
    40  determines that, in the public interest, some other additional place  is
    41  necessary or desirable. If a water district, sidewalk district, a public
    42  parking  district,  a  refuse and garbage district, aquatic plant growth
    43  control district, watershed protection  improvement  district  or  beach
    44  erosion control district is proposed, such order may contain a statement
    45  that  the  cost of constructing the water system, sidewalks or acquiring
    46  lands for public parking or for refuse and garbage purposes, or  aquatic
    47  plant  growth  control  purposes  or  for  beach  erosion control or for

    48  watershed protection improvement purposes shall be assessed by the  town
    49  board in proportion as nearly as may be to the benefit which each lot or
    50  parcel will derive therefrom. Prior to the publication of the order, the
    51  board  shall  cause  to be prepared, and file for public inspection with
    52  the town clerk, a detailed explanation of  how  the  estimated  cost  of
    53  hook-up  fees, if any, to, and the cost of the district or extension to,
    54  the typical property and, if different, the typical one  or  two  family
    55  home, was computed.
    56    § 8. This act shall take effect immediately.