New York Laws
Article 12 - District and Special Improvements
198 - Powers of Town Boards With Respect to Improvement Districts.

(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 plant 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.
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.

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