New York Town Code § 54

Special improvements
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§ 54. Special improvements. 1. Definition and application. (a) The\nterm "improvement" or "special improvement", as used in this section,\nshall mean any facility, service, function, activity or physical public\nbetterment which may be provided by the establishment of an improvement\ndistrict pursuant to article twelve or twelve-a of this chapter, but not\nincluding water quality treatment districts.\n  (b) The powers provided by this section shall be deemed to be in\naddition to those provided in article twelve or article twelve-a of this\nchapter and shall not be deemed to limit or supersede any powers\nprovided in either of such articles; provided, however, that nothing in\nthis section shall be deemed to authorize the providing of a special\nimprovement in, or the charging of the costs thereof against any area of\nthe town located in any village.\n  2. Plans, reports and maps. The town board may adopt a resolution\nappropriating a specific amount to pay the cost of preparing a general\nplan, report and, where appropriate, a map for providing an improvement\nin the area of the town outside of any villages, or in any portion of\nsuch area. All such plans, reports and maps shall conform with the\nrequirements of section two hundred nine-c of this chapter. The town\nboard may determine that such plans, reports and maps shall be prepared\nby or under the supervision of town officers and employees to be\ndesignated by the town board, or by persons to be employed for the\npurpose, or the town board may contract for the preparation thereof\nwithin the limitations of the amount appropriated. Except as otherwise\nprovided herein, the expense incurred for the preparation of such plans,\nreports and maps shall be a charge on the area of the town outside of\nany villages, and shall be assessed, levied and collected in the same\nmanner as other town charges. If the town board shall thereafter make\nsuch improvement, the expense incurred by the town for the preparation\nof the plans, reports and maps therefor shall be deemed to be part of\nthe cost of such improvement and the town shall be reimbursed for such\nportion of that amount, if any, which the town board, at the public\nhearing held pursuant to subdivision three of this section, shall\nallocate against such benefited area, if any.\n  3. Hearing. Subsequent to the date of filing of the plan, report and\nmap, if any, in the office of the town clerk, as required by section two\nhundred nine-c of this chapter, the town board may adopt an order and\nenter the same in the minutes of its proceedings reciting the proposed\nimprovement, a description of the boundaries of the proposed benefited\narea, if any, the maximum amount proposed to be expended for the\nproposed improvement, the proposed method of apportioning the costs of\nsuch improvement, the proposed method of financing to be employed, the\nfact that a plan, report and map, if any, describing the same are on\nfile in the town clerk's office for public inspection and specifying the\ntime when and the place where such board will meet and hold a public\nhearing at which all persons interested in the subject thereof may be\nheard concerning the same. The board shall cause a copy of such order to\nbe published at least once in a newspaper or newspapers designated\npursuant to subdivision eleven of section sixty-four of this chapter,\nthe first publication thereof to be not less than ten nor more than\ntwenty days before the day set therein for the hearing, and shall also\ncause a copy thereof to be posted upon the bulletin board in the office\nof the town clerk.\n  4. Change in boundaries or apportionment of costs. If the town board\nshall determine, after the hearing, on notice as provided in subdivision\nthree hereof and upon the evidence given thereat, that any of the\nproperty in a proposed benefited area, if any, is not benefited by the\nimprovement, or that any property benefited by the improvement is not\nincluded in the propo

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