S T A T E   O F   N E W   Y O R K
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    S. 4418                                                  A. 6429

                       2013-2014 Regular Sessions

                      S E N A T E - A S S E M B L Y

                             March 27, 2013
                               ___________

IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Local Govern-
  ment

IN  ASSEMBLY  -- Introduced by M. of A. THIELE -- read once and referred
  to the Committee on Local Governments

AN ACT establishing the town of Southampton old  filed  map  substandard
  road zone

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Establishment of the town  of  Southampton  old  filed  map
substandard  road zone.   1. Upon petitions as hereinafter provided, the
town board of Southampton may establish an  old  filed  map  substandard
road  zone  located  within (a) an old filed map overlay district or (b)
special old filed map overlay district designated by the town  board  of
the  town of Southampton pursuant to article 16 of the town law prior to
January 1, 2005, where such establishment is necessary to address public
health and safety concerns.
  2. Whenever petitions are presented to the town board pursuant to this
act, for the establishment of an old filed map substandard road zone the
board shall adopt an order and enter the same  in  the  minutes  of  its
proceedings, reciting in general terms the filing of such petitions, the
boundaries  of the proposed zone, the improvements proposed, the maximum
amount proposed to be expended for the  improvement  as  stated  in  the
petitions  and  the  cost  of  the  zone 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 petitions 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08901-01-3
              

S. 4418                             2                            A. 6429

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 main-
tained pursuant to subdivision 6 of section 30 of the town law, not less
than  ten  nor  more  than twenty days before the day designated for the
hearing as aforesaid. 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
the zone to the typical property and, if different, the typical  one  or
two family home was computed.
  3.  The  expense of the establishment of the old filed map substandard
road zone and providing improvements therefor, shall be assessed, levied
and collected from the several lots and parcels of land within the  town
of  Southampton for each purpose in the same manner and at the same time
as other town charges, except as otherwise provided by law.
  (a) Any costs associated with the establishment of the zone, including
the cost of any services or improvements thereon,  incurred  within  the
first  two  years  of the existence of the zone shall be paid for by the
owners of taxable real property that is located within the zone. If only
a portion of a parcel is situated within the zone, the town board  shall
determine  the  proportion of the costs to be borne by the owner of such
parcel.
  (b) All costs associated with the establishment of the zone, including
the cost of any services or improvements  thereon,  incurred  after  the
first two years of the existence of the zone shall be paid for by all of
the  owners of taxable real property of the town. If only a portion of a
parcel is situated within the town, the town board shall  determine  the
proportion of the costs to be borne by the owner of such parcel.
  4.  Upon  petitions,  as  hereinafter  provided,  the  town  board may
dissolve and  discontinue  the  old  filed  map  substandard  road  zone
provided that there is no indebtedness, outstanding and unpaid, incurred
to  accomplish  any of the purposes of such zone. Such petition shall be
signed by resident owners of taxable real property aggregating at  least
one-half  of all the taxable real property of the town owned by resident
owners according to the latest completed assessment roll  of  the  town,
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 contain-
ing 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 zone and
the time when and place where said board will meet to consider the peti-
tion and to hear all persons interested in the subject thereof  concern-
ing the same. If the petition shall propose that the area of the zone be
diminished,  the order shall also describe the portion of the zone 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 main-
tained pursuant to subdivision 6 of section 30 of the town law 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 at such hearing, that it is in the
public interest to dissolve the zone or to diminish  the  area  thereof,
the  town  board shall adopt an order accordingly dissolving the zone or

S. 4418                             3                            A. 6429

diminishing its area. If there  are  any  contracts  to  accomplish  the
purpose  of  such  zone  in  force  and effect, the town board shall not
dissolve such zone, nor diminish the area thereof, prior to the  expira-
tion of such contracts.
  5.  Two  petitions  shall be required for the establishment of the old
filed map substandard road zone. One petition shall  be  signed  by  the
owners  of  taxable  real  property  situate in the town of Southampton,
owning in the aggregate at least one-half of the assessed  valuation  of
all  the  taxable  real  property of such town, as shown upon the latest
completed assessment roll of said town; the  second  petition  shall  be
signed  by  the  owners  of taxable real property situate in the town of
Southampton, owning in the aggregate at least one-half of  the  assessed
valuation  of  all  the  taxable  real property of the proposed zone, 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 taxa-
ble real property of the town owned by resident owners, according to the
latest  completed assessment roll. If only a portion of a parcel of such
real estate appearing upon the assessment roll  is  situate  within  the
town  or  zone  thereof,  then the town board may determine the relative
value of the part thereof within the town or zone based upon  the  valu-
ation of the entire parcel as the same appears upon the assessment roll.
Such  petitions  shall describe the boundaries of the proposed zone 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  nomi-
nating  petitions.  If  such petitions shall request the construction or
acquisition of an improvement,  they  shall  state  the  maximum  amount
proposed to be expended therefor. If the petitions shall not request the
construction  or  acquisition  of  an  improvement but shall propose the
performance or supplying of certain services, they may state the maximum
amount to be expended annually for such services.
  S 2. For purposes of this act, the  following  terms  shall  have  the
following meanings:
  1.  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 zone or town of Southampton
that will be required to finance the cost of the proposed improvements;
  2. 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  zone
or  town of Southampton that will be required to finance the cost of the
proposed improvements;
  3. the terms "cost of the zone to the typical property" and  "cost  of
the  zone  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 zone or town of Southampton will be required to pay for debt
service, operation and maintenance and other charges for  at  least  the
first five years of existence of the zone; and
  4.  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.

S. 4418                             4                            A. 6429

  S  3. 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 petitions are signed, and acknowledged or
proved, or authenticated, as required by law and  are  otherwise  suffi-
cient;  (b)  whether  all  the  property  and property owners within the
proposed zone are benefited thereby;(c) whether  all  the  property  and
property owners benefited are included within the limits of the proposed
zone;  and (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  petitions  are  not
signed, and acknowledged or proved, or authenticated, as required by law
or  that they are otherwise insufficient, or if it is 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 petitions.
  (b)  If  the town board shall determine that the petitions are signed,
and acknowledged or proved, or authenticated, as required by law and are
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  zone
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 zone 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 zone, 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 193 of the
town law except that such notice shall also specify the manner in  which
it  is  proposed  to  alter  the  boundaries  of the proposed zone. 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 establish-
ment of the zone 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 petitions
shall comply with the requirements of section 191 of the town law as  to
sufficiency  of  signers as the boundaries of the proposed zone shall be
finally determined.
  3. (a) Within ten days after the adoption of a resolution  by  a  town
board approving the establishment of the zone 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 such zone. 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 petitions (omitting, however, the signa-
tures, and acknowledgments or proofs, or authentications);
  (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

S. 4418                             5                            A. 6429

apportioned  to  the  town,  as defined in title 1-A of article 2 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 appropri-
ations have been realized as cash, and the amounts, purposes and  proba-
ble  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 prop-
erty situated in the proposed zone 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  paragraph  7-a
of section 2.00 of the local finance law; and
  (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 zone 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 of the zone and also whether the cost thereof will be an  undue
burden upon the property of the proposed zone. The state comptroller may
make  such  determinations upon the original or any amended application,
or in his or her discretion may require  the  submission  of  additional
information  or  data  in  such  form and detail as he or she shall deem
sufficient, or may cause an investigation to be made, to aid him or  her
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 state comptroller shall make an order, in
duplicate, granting or denying permission for the creation of  the  zone
and shall file one copy of such order in the office of the state depart-
ment  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  zone  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  of
the  zone,  the  town  board  shall forthwith adopt an order denying the
petitions. If the state comptroller shall grant permission therefor, the
town board may adopt an order establishing the zone  as  the  boundaries
shall be finally determined.
  6.  Except as otherwise provided by section 202-b of the town law, the
permission of the state comptroller shall not be required for the estab-
lishment of a zone and the construction of an improvement or the provid-
ing of a service therein, including an increase in  the  maximum  amount
proposed  to  be  expended  for  the improvement in a zone, unless it is
proposed or required that the town in which such zone is  located  shall
finance  the  cost  thereof by the issuance of the bonds, notes, certif-
icates or other evidences of indebtedness of the town therefore or it is

S. 4418                             6                            A. 6429

proposed that debt service on obligations issued to finance the costs of
facilities acquired be assumed, pursuant to section 198 of the town law,
and, if the state comptroller  shall  have  computed  average  estimated
costs  for  similar  types of zones, the cost of the zone to the typical
property or, if different, the costs of the zone to the typical  one  or
two  family home, as stated in the notice of hearing, is above the aver-
age estimated cost to typical properties or homes for the  establishment
of similar types of zones as may be annually computed by the state comp-
troller. The state comptroller annually shall provide to towns notice of
the  average  cost thresholds as may be computed in accordance with this
section.
  S 4. 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 old filed map substandard road zone will  not  constitute  an  undue
burden  upon the property within such zone 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.
  S  5.  1.  The town clerk shall cause a certified copy of the determi-
nation or order of the town board adopted pursuant to the provisions  of
this  act,  establishing, extending, dissolving or diminishing any zone,
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  zone. Within ten days after the adoption of a determination or
order by the town board establishing, extending, dissolving or diminish-
ing a zone, 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  act  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 determi-
nation or order he, she or they will pay to the  town  board,  all  such
costs and expenses as are incurred by it on account of the said certior-
ari  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.
  S 6. If the town board shall upon the petitions determine to grant the
relief sought by the petitioners and establish a zone either in whole or
in part, or if the town board shall determine to establish a zone on its
own motion without petitions but after a public hearing and subject to a
permissive  referendum  as provided in article 12-A of the town law, the

S. 4418                             7                            A. 6429

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  esti-
mate  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 improve-
ment does not exceed the amount specified for public work in subdivision
1 of section 103 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 super-
visor, or a bond with sufficient sureties, to be approved by the  super-
visor,  in a penal sum equal to five per centum of the estimated expense
of the improvement, conditioned that if his or her proposal is  accepted
he  or  she  will enter into a contract for the same, and that he or she
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  require-
ments 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 consid-
ered 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 reason-
able opportunity to do so, and that there shall be no discrimination  in
favor  of  any person or persons in the opportunity to make proper exam-
ination 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

S. 4418                             8                            A. 6429

any contract be awarded if the total expense of  the  improvement  shall
exceed the maximum amount stated in the petitions or in the final order,
if  the town board proceeded under article 12-A of the town law. 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.
  S 7. 1. The expense of any public improvement made under authority  of
article  12  of  the town law 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 12 of  section  198  of
the town law, 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 the petitions for the establishment of a zone,
and upon the submission of a verified statement of the cost to petition-
ers for legal services rendered in a proceeding for establishment of the
zone, 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. Except as provided in section 204 of the town law, in all zones  in
which  assessments have heretofore been levied upon an ad valorem basis,
assessments shall hereafter be levied upon the same basis. In all  zones
in  which  assessments have heretofore been levied upon a benefit basis,
assessments shall hereafter be levied upon the same basis.
  S 8. After the zone is constructed and completed, it  shall  be  main-
tained  by the town board and the expense of such maintenance shall be a
charge upon the owners of taxable real property in the zone  or  in  the
town, as the case may be pursuant to subdivision three of section one of
this act.
  1. If the expense of such improvement is required by subdivision three
of section one of this act 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 zone shall be
assessed, levied and collected in like manner.
  2. The town board shall annually prepare detailed estimates in writing
of the anticipated revenues and  expenditures  for  such  zone  for  the
purpose  of determining the amount of money required to meet the expense
of maintaining the zone for the fiscal year commencing on the  first  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  zone  exclusive  of
the amount necessary to pay debt service and judgments.
  3.  After  such  annual  estimates  have been prepared, the town board
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  zone  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

S. 4418                             9                            A. 6429

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. The town board
shall  file  such  estimates and the assessment roll with the town clerk
between the first and the fifteenth days of September in each year.
  4. The town board may apportion against and charge to the  expense  of
maintaining  any zone an allowance for any services rendered by any town
officer or employee when such services have been necessary to and  occa-
sioned  by  reason of the maintenance of the zone, or the town board may
separately compensate any town officer or employee for  services  neces-
sary  to  or  occasioned  by  reason  of the maintenance of the zone and
include the amount so paid in the expense of such maintenance.
  S 9. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.