202-C - Dissolution and diminishing area of certain districts.
§ 202-c. Dissolution and diminishing area of certain districts. 1. The town board of any town may dissolve and discontinue those districts described hereinafter pursuant either to the provisions of article seventeen-A of the general municipal law or the procedures provided in this section. 1-a. Upon a petition, the town board of any town may dissolve and discontinue any lighting, snow removal, water supply, or refuse and garbage district or a sewer district in which no sewer system has been constructed, provided that there be no indebtedness, outstanding and unpaid, incurred to accomplish any of the purposes of such district. Such petition shall be signed by at least ten percent or five thousand, whichever is less, of the registered voters in this state registered to vote in such district and authenticated in the manner provided by the election law for the authentication of nominating petitions. When any such petition containing the required signatures shall have been presented, the town board shall adopt an order and enter the same in the minutes of its proceedings, reciting in general terms the filing of the petition, and specifying the purpose thereof, the name and boundaries of the district and the time when and place where said board will meet to consider the petition and to hear all persons interested in the subject thereof concerning the same. If the petition shall propose that the area of the district be diminished, the order shall also describe the portion of the district to be eliminated. The board shall cause a copy of such order, certified by the town clerk, to be published at least once in the official paper, the first publication thereof to be not less than ten nor more than twenty days before the day set therein for the hearing as aforesaid, and shall cause a copy thereof to be posted on the sign board of the town maintained pursuant to subdivision six of section thirty of this chapter not less than ten nor more than twenty days before the day designated for the hearing as aforesaid. If the town board shall determine, after such hearing and upon the evidence given thereat, that it is in the public interest to dissolve the district or to diminish the area thereof, the town board shall adopt an order accordingly dissolving the district or diminishing its area. If there are any contracts to accomplish the purpose of such district in force and effect, the town board shall not dissolve such district, nor diminish the area thereof, prior to the expiration of such contracts. If the district dissolved be wholly within a village incorporated since said district was formed and prior to April first, nineteen hundred sixty-five, all of the property of such district shall be and become the property of such village and such village upon delivery thereof, shall assume and pay all of the debts of such district. If the district shall not be wholly included within the limits of any village incorporated since said district was formed, all the property of such district shall become the property of the town and such town upon delivery thereof, shall assume and pay all the debts of such district. 2. Whenever the town board of any town shall determine it to be in the public interest, said town board may, upon its own motion and without a petition, but after a public hearing held in the manner and upon the notice specified in subdivision one of this section, dissolve and discontinue any sewer, drainage, water, park, public parking, lighting, snow removal, water supply, refuse and garbage, or public dock district, provided that the period of three years shall have elapsed since the date of establishment of such district and that no improvement has been constructed or service provided for such district at any time since the establishment thereof and further provided that there be no indebtedness, outstanding and unpaid, incurred to accomplish any of the purposes of such district.2-a. Notwithstanding any other provision of general, special or local law, rule or regulation to the contrary, whenever the town board of the town of Islip shall determine it to be in the public interest, said town board may, upon its own motion and without a petition, but after a public hearing held in the manner and upon the notice specified in subdivision one of this section, dissolve and discontinue, merge or combine any refuse and garbage district or districts, or otherwise amend same or delete services therefrom as proposed by such town board, provided that a period of three years shall have elapsed since the date of establishment of any such district and that no improvement has been constructed for such district at any time since the establishment thereof and, further, provided that there be no indebtedness, outstanding and unpaid, incurred to accomplish any of the purposes of such district. 2-b. Notwithstanding any other provision of general, special or local law, rule or regulation to the contrary, whenever the town board of the town of Brookhaven shall determine it to be in the public interest, said town board may, upon its own motion and without petition, but after a public hearing held in the manner and upon the notice specified in subdivision one of this section, dissolve and discontinue, diminish the size of, extend, merge or combine any refuse and garbage district or districts, or otherwise amend same, change the basis of assessment of properties within the district or districts from ad valorem to benefit, or delete services therefrom or expand services thereto as proposed by such town board, provided that a period of at least one year shall have elapsed since the date of establishment of any such district and that no improvement has been constructed for such district at any time since the establishment thereof and, further, provided that there be no indebtedness, outstanding and unpaid, incurred to accomplish any of the purposes of such district. In addition to the above limitations, any resolution of the town board of the town of Brookhaven merging or combining any refuse and garbage districts shall be subject to a permissive referendum in the manner prescribed in article seven of this chapter, except that a petition requesting a referendum shall be sufficient only if signed, and acknowledged or proved, or authenticated, by at least ten percent of the qualified electors residing within each affected district. 2-c. Notwithstanding any other provision of general, special or local law, rule or regulation to the contrary, whenever the town board of the town of Brighton, Monroe county, shall determine it to be in the public interest, said town board may, upon its own motion and without a petition, but after a public hearing held in the manner and upon the notice specified in subdivision one of this section, diminish the Home Acres, Roselawn, and Bel-Air refuse and garbage districts by deleting therefrom the non-residential properties fronting on Monroe avenue presently included in said districts, provided that a period of three years shall have elapsed since the date of establishment of any such district and that no improvement has been constructed for such district at any time since the establishment thereof and, further provided that there be no indebtedness, outstanding and unpaid, incurred to accomplish any of the purposes of such district on the effective date of any order adopted by the town board pursuant to this subdivision. Any order adopted by the town board pursuant to this subdivision shall be subject to a permissive referendum pursuant to article seven of this chapter. * 2-d. Notwithstanding any other provision of general, special or local law, rule or regulation to the contrary, whenever the town board of the town of Southeast, Putnam county shall determine it to be in the public interest, said town board may, upon its own motion and withoutpetition, but after a public hearing held in the manner and upon the notice specified in subdivision one of this section, dissolve and discontinue the Lakeview Manor Park District, provided that there be no indebtedness, outstanding and unpaid, incurred to accomplish any of the purposes of such district. * NB There are 2 sub 2-d's * 2-d. Notwithstanding any other provision of general, special or local law, rule or regulation to the contrary, whenever the town board of the town of Putnam Valley shall determine it to be in the public interest, said town board may, upon its own motion and without petition, but after a public hearing held in the manner and upon the notice specified in subdivision one of this section, dissolve and discontinue any refuse and garbage district or districts, provided that a period of at least one year shall have elapsed since the date of establishment of any such district and that no improvement has been constructed for such district at any time since the establishment thereof and, further, provided that there be no indebtedness, outstanding and unpaid, incurred to accomplish any of the purposes of such district. In addition to the above limitations, any resolution of the town board of the town of Putnam Valley merging or combining any refuse and garbage districts shall be subject to a permissive referendum in the manner prescribed in article seven of this chapter. * NB There are 2 sub 2-d's 2-e. Notwithstanding any other provision of general, special or local law, rule or regulation to the contrary, whenever the town board of the town of Oneonta, in the county of Otsego, shall determine it to be in the public interest, such town board may, upon its own motion and without petition, but after a public hearing held in the manner and upon the notice specified in subdivision one of this section, dissolve and discontinue the Pyramid Mall water district, provided that there be no indebtedness outstanding and unpaid, incurred to accomplish any of the purposes of such district. 2-f. Notwithstanding any other provision of general, special or local law, rule or regulation to the contrary, whenever the town board of the town of Islip, county of Suffolk shall determine it to be in the public interest, said town board may, upon its own motion and without a petition, but after a public hearing held in the manner and upon the notice specified in subdivision one of this section, dissolve, discontinue, merge or combine any water district or districts, or otherwise amend same or delete services therefrom as proposed by such town board, provided that a period of three years shall have elapsed since the date of establishment of any such district or that no improvement has been constructed for such district at any time since the establishment thereof and, further, provided that there be no indebtedness, outstanding and unpaid, incurred to accomplish any of the purposes of such district. 2-g. (a) Notwithstanding the provisions of subdivisions one and two of this section, as well as any other provision of general, special or local law, rule or regulation to the contrary, whenever the town board of the town of Westerlo, county of Albany, shall determine it to be in the public interest, such town board may, upon its own motion and without a petition, but after a public hearing held in the manner and upon the notice specified in subdivision one of this section, diminish the Westerlo Water District No. 1 by deleting therefrom the lands described in paragraph (b) of this subdivision, provided that said properties have not received any benefit from the water district since its inception.(b) The lands authorized to be deleted from the Westerlo Water District No. 1 are described as follows: AREA NO. 1 Beginning at a point in the northerly boundary line of New York State Route 143, said point being the southwesterly corner of tax map parcel 139.09-2-22; thence in a southerly direction across New York State Route 143, 55 feet, more or less, to a point in the southerly boundary line of New York State Route 143, said point also being the northeasterly corner of tax map parcel 139.09-3-22; thence in a southerly direction along the easterly boundary line of said parcel 139.09-3-22, 148 feet, more or less, to a point, said point being the southeasterly corner of said parcel 139.09-3-22; thence in a westerly direction along the southerly boundary line of said parcel 139.09-3-22, 86.05 feet, more or less, to a point, said point being the southwesterly corner of said parcel 139.09-3-23, said point also being in the easterly boundary line of tax map parcel 139.09-3-21; thence in a southerly direction along the easterly boundary line of said parcel 139.09-3-21, 189.72 feet, more or less, to a point, said point being the southeast corner of said parcel 139.09-3-21; thence in a westerly direction along the southerly boundary line of said parcel 139.09-3-21, 99.08 feet, more or less, to a point, said point being the southwest corner of said parcel 139.09-3-21, said point also being in the easterly boundary line of tax map parcel 139.09-3-20; thence in a southerly direction along the easterly boundary of tax map parcel 139.09-3-20, 120 feet, more or less, to a point, said point being the southeast corner of said parcel 139.09-3-20; thence in a westerly direction along the southerly boundary line of said parcel 139.09-3-20, 100 feet, more or less, to a point, said point being the southwest corner of said parcel 139.09-3-20; said point also being in the easterly boundary line of tax map parcel 139.00-1-30; thence in a southeasterly direction along the easterly boundary line of said parcel 139.00-1-30, 540 feet, more or less, to a point; thence continuing in a southerly direction along the easterly boundary of said parcel 139.00-1-30, 430 feet, more or less, to a point, said point being the southwest corner of tax map parcel 139.00-1-29; thence continuing in a southerly direction along the southerly projection of the last described course and through the lands of the Town of Westerlo Town Park, 755 feet, more or less, to a point; thence in a westerly direction, perpendicular to the last described course and through the lands of the Town of Westerlo Town Park, 1185 feet, more or less, to a point, said point being in the easterly boundary line of County Route 401; thence in a northerly direction along the easterly boundary line of County Route 401, 250 feet, more or less, to a point; thence in a westerly direction across County Route 401, 50 feet, more or less, to a point in the westerly boundary line of County Route 401, said point also being the southeasterly corner of tax map parcel 139.00-1-44; thence in a westerly direction along the southerly boundary line of said parcel 139.00-1-44, 720 feet more or less, to a point, said point being the southwest corner of said parcel 139.00-1-44; thence in a northerly direction along the westerly boundary line of said parcel 139.00-1-44, 220 feet, more or less, to a point, said point being the northwest corner of said parcel 139.00-1-44; thence in a northeasterly direction along the northerly boundary line of said parcel 139.00-1-44, 410 feet, more or less, to a point; thence continuing in an easterly direction along the northerly boundary line of said parcel 139.00-1-44, 400 feet, more or less, to a point, said point being in the easterly boundary line of County Route 401; thence in a northerly direction along the easterly boundary line of County Route 401, 480 feet, more or less, to a point; thence across County Route 401, 50 feet, more or less, to a point, said point beingthe southeast corner of tax map parcel 139.00-1-45.1; thence in a westerly direction along the southerly boundary line of said parcel 139.00-1-45.1, 305 feet, more or less, to a point, said point being southwest corner of said parcel 139.00-1-45.1; thence in a northerly direction along the westerly boundary line of said parcel 139.00-1.45-1, 390 feet, more or less, to a point, said point being the northwest corner of said parcel 139.00-1-45.1; thence in an easterly direction along the northerly boundary line of said parcel 139.00-1-45.1, 55 feet, more or less, to a point, said point being the southwest corner of tax map parcel 139.09-1-33; thence in a northerly direction along the westerly boundary line of said parcel 139.09-1-33, 130 feet, more or less, to a point, said point being the northwest corner of said parcel 139.09-1-33; thence in an easterly direction along the northerly boundary line of said parcel 139.09-1-33, 60 feet, more or less, to a point, said point being in the westerly boundary of tax map parcel 139.09-1-31; thence in a northerly direction along the westerly boundary line of tax map parcels 139.09-1-31, 139.09-1-30 and 139.09-1-29, 150 feet, more or less, to a point, said point being the southeast corner of tax map parcel 139.09-1-21, thence in a westerly direction along the southerly boundary line of said parcel 139.09-1-21, 345 feet, more or less, to a point, said point being the southwest corner of said parcel 139.09-1-21; said point also being the southeast corner of tax map parcel 139.09-1-20.2; thence along the southerly boundary line of said parcel 139.09-1-20.2, 71.39 feet, more or less, to a point, said point being the northeast corner of said parcel 139.09-1-18.1; thence in a southwesterly direction along the easterly boundary line of said parcel 139.09-1-18.1, 694 feet, more or less, to a point, said point being the southeast corner of said parcel 139.09-1-18.1; thence in a westerly direction along the southerly boundary line of said parcel 139.09-1-18.1, 288 feet, more or less, to a point, said point being the southwest corner of said parcel 139.09-1-18.1; thence in a westerly and southerly direction along the easterly boundary line of tax map parcel 138.00-2-19, 1925 feet, more or less, to a point, said point being the southeast corner of said parcel 138.00-2-19; thence in a westerly direction along the southerly boundary line of said parcel 138.00-2-19, 480 feet, more or less, to a point, said point being the southwest corner of said parcel 138.00-2-19, thence in a northerly direction along the westerly boundary line of said parcel 138.00-2-19, 2550 feet, more or less, to a point, said point being the northwest corner of said parcel 138.00-2-19, said point also being in the southerly boundary line of tax map parcel 138.00-2-17; thence in a westerly direction along the southerly boundary line of said parcel 138.00-2-17, 230 feet, more or less, to a point in the easterly boundary line of County Route 402; thence in a northeasterly direction along the easterly boundary of County Route 402, 400 feet, more or less, to a point in the southerly boundary line of County Route 1, thence along the southerly boundary line of County Route 1, 375 feet, more or less, to a point; thence across County Route 1, 65 feet, more or less, to a point, said point being the southwest corner of tax map parcel 139.09-1-14; thence in a northerly direction along the westerly boundary line of said parcel 139.09-1-14, 160 feet, more or less, to a point, said point being the northwest corner of said parcel 139.09-1-14; thence in an easterly direction along the northerly boundary line of tax map parcels 139.09-1-14, 139.09-1-13 and 139.09-1-12, 407.51 feet, more or less, to a point, said point being in the westerly boundary line of said parcel 139.09-1-8.1; thence in a northerly direction along the westerly boundary line of said parcel 139.09-1-8.1, 685 feet, more or less, to a point, said point being the northwest corner of said parcel139.09-1-8.1, said point also being the southwest corner of tax map parcel 139.00-1-2.1; thence in a northerly direction along the westerly boundary line of said parcel 139.00-1-2.1, 540 feet, more or less, to a point, said point being the northwest corner of said parcel 139.00-1-2.1; thence in an easterly direction along the northerly boundary line of said parcel 139.00-1-2.1, 767 feet, more or less, to a point said point being the northeast corner of said parcel 139.00-1-2.1; thence in a southerly direction along the westerly boundary line of New York State Route 143, 520 feet, more or less, to a point; said point being in the easterly boundary line of tax map parcel 139.09-1-1; thence in an easterly direction across New York State Route 143, 50 feet, more or less, to a point in the easterly boundary line of New York State Route 143, said point also being the northwest corner of tax map parcel 139.09-2-1; thence in an easterly direction along the northerly boundary line of said parcel 139.09-2-1, 748 feet, more or less to a point, said point being the northeast corner of said parcel 139.09-2-1; thence in a southerly direction along the easterly boundary line of said parcel 139.09-2-1, 327 feet, more or less, to a point, said point being the southwest corner of said parcel 139.09-2-1; thence in a southerly direction along the easterly boundary line of tax map parcels 139.0-2-4, 139.09-2-5, 139.09-2-6 and 139.09-2-7, 369.01 feet, more or less, to a point, said point being the northwest corner of tax map parcel 139.09-2-16; thence in an easterly direction along the northerly boundary line of tax map parcels 139.09-2-16, 139.09-2-19, 139.09-2-20 and 139.09-2-21, 492.4 feet, more or less, to a point, said point being the northeast corner of said parcel 139.09-2-21; thence in a southerly direction along the easterly boundary line of said parcel 139.09-2-21, 420 feet, more or less, to the point and place of beginning along the northerly boundary line of New York State Route 143, containing 158.16 acres, more or less, as shown on a map entitled "Proposed Westerlo Water District No. 1", dated January 2002, revised April 20, 2010 and prepared by Stantec Consulting Services, Inc. AREA NO. 2 Beginning at a point in the westerly boundary line of County Route 412, said point also being the southeast corner of tax map parcel 139.00-1-7; thence in a westerly direction along the southerly boundary line of said parcel 139.00-1-7, 150 feet, more or less, to a point, said point being the southwest corner of said parcel 139.00-1-7; thence in a northerly direction along the westerly boundary line of said parcel 139.00-1-7, 100 feet, more or less, to a point, said point being the northwesterly corner of said parcel 139.00-1-7, thence in an easterly direction along the northerly boundary line of said parcel 139.00-1-7, 25 feet, more or less, to a point, said point being the southwesterly corner of tax map parcel 139.00-1-8; thence in a northerly direction along the westerly boundary line of said parcel 139.00-1-8, 100 feet, more or less to a point, said point being the northwesterly corner of said parcel 139.00-1-8; thence along the westerly projection of the northerly boundary line of said parcel 139.00-1-8, 75 feet, more or less, to a point; thence in a northerly direction along a line parallel to County Route 412, 225 feet, more or less, to a point, said point being 200 feet, more or less, westerly of the westerly boundary line of County Route 412, thence in an easterly direction, 200 feet, more or less, to a point, said point being in the westerly boundary line of County Route 412; thence in a southerly direction along the westerly boundary line of County Route 412 and the easterly boundary lines of said parcels 139.00-1-8 and 139.00-1-7, 425 feet, more or less, to the point and place of beginning, containing 1.69 acres, more or less, as shown on a map entitled "Proposed Westerlo Water District No. 1", datedJanuary 2002, revised April 20, 2010 and prepared by Stantec Consulting Services, Inc. AREA NO. 3 Beginning at a point in the easterly boundary line of Anable Road, said point being the southwesterly corner of tax map parcel 128.00-1-27.12, said point also being the northwest corner of tax map parcel 139.00-1-12; thence in an easterly direction along the northerly boundary line of said parcel 139.00-1-12, 350 feet, more or less, to a point, said point being the northeasterly corner of said parcel 139.00-1-12; thence in an easterly direction along the northerly boundary line of tax map parcel 139.00-1-15.3, 450 feet, more or less to a point, said point being the northeasterly corner of said parcel 139.00-1-15.3; thence in a southeasterly direction along the easterly boundary line of said parcel 139.00-1-15.3, 450 feet, more or less, to a point, said point being the southeasterly corner of said parcel 139.00-1-15.3, said point also being the northeasterly corner of tax map parcel 139.00-1-14, thence in a westerly direction along the southerly boundary line of said parcel 139.00-1-15.3, 1050 feet, more or less, to a point, said point being in the easterly boundary line of Anable Road, said point also being the southwesterly corner of said parcel 139.00-1-15.3; thence in a northerly direction along the easterly boundary line of Anable Road, 166.7 feet, more or less, to a point, said point being the southwesterly corner of said parcel 139.00-1-12; thence in a northeasterly direction along the easterly boundary line of Annable Road, 250 feet, more or less, to the point and place of beginning, containing 9.42 acres, more or less, as shown on a map entitle "Proposed Westerlo Water District No. 1", dated January 2002, revised April 20, 2010 and prepared by Stantec Consulting Services, Inc. 3. Sidewalk districts created in towns pursuant to the provisions of chapter sixty-three of the laws of nineteen hundred nine, as amended, or pursuant to the provisions of this chapter as originally enacted or subsequently amended, are hereby dissolved. The improvements constructed in any sidewalk district hereby dissolved shall be and become the property of the town in which the improvements are located, unless any portion of such district shall on January first, nineteen hundred forty-six, be within a village or city in which event the improvements constructed in any such district, which are located in any such village or city, shall be and become the property of the village or city, as the case may be. Taxes shall continue to be levied within the present area of such districts, as heretofore, for the payment of any debts and liabilities of such districts existing on January first, nineteen hundred forty-six. If any such district shall have moneys on hand on January first, nineteen hundred forty-six, such moneys shall be applied to the payment of the debts and liabilities, if any, of such district and the excess shall be and become the property of the town in which such district is located unless any such district shall be now located wholly within a village or city in which event such excess shall be and become the property of the village or city, as the case may be. If any such district be located in two or more towns, and is not wholly within a village or city, such excess shall be divided among such towns in proportion to the assessed valuations of the properties within such district as shown on the completed assessment rolls for such district pursuant to which the last tax was levied for the purposes of such district. 4. Notwithstanding any other provision of general, special, or local law, rule, or regulation to the contrary, whenever the town board of the town of Southampton, Suffolk county shall determine it to be in the public interest, said town board may, upon its own motion and without apetition, but after a public hearing held in the manner and upon the notice specified in subdivision one of this section, diminish the Hampton Bays water district by deleting therefrom all lands east of the Shinnecock Inlet within the village of Southampton presently included in said district. In addition, any order adopted by the town board pursuant to this subdivision shall be subject to a permissive referendum pursuant to article seven of this chapter. 5. Notwithstanding any other provision of general, special, or local law, rule, or regulation to the contrary, whenever the town board of the town of Huron, Wayne county shall determine it to be in the public interest, said town board may, upon its own motion and without a petition, but after a public hearing held in the manner and upon the notice specified in subdivision one of this section, diminish the Sodus Bay aquatic plant growth control district by deleting all lands in extension 2 consisting of lots 5 through 71 on the water side of Ann Lee Drive, extension 3, consisting of lots 79 through 104 on the water side of Ann Lee Drive and extension 4 consisting of all property on Spiegel Parkway fronting Sodus Bay, consisting of lots 53 through 67 (including lots 56A and 56B) and lots 100 through 112 and all land to the south of that land all to the north of Ridge Road fronting Sodus Bay, all in the town of Huron, presently included in said district. In addition, any order adopted by the town board pursuant to this subdivision shall be subject to permissive referendum pursuant to article seven of this chapter. 6. (a) Notwithstanding any other provision of general, special or local law, rule, or regulation to the contrary, whenever the town board of the town of Chester, Warren county shall determine it to be in the public interest, said town board may, upon its own motion and without a petition, but after a public hearing held in the manner and upon the notice specified in subdivision one of this section, diminish the Pottersville water district by deleting therefrom the lands described in paragraph (b) of this subdivision located in the hamlet of Pottersville and presently included in said district. In addition, any order adopted by the town board pursuant to this subdivision shall be subject to a permissive referendum pursuant to article seven of this chapter. (b) The lands authorized to be deleted from the Pottersville water district is described as follows: All that parcel of land located in and near the Hamlet of Pottersville in the Town of Chester, Warren County, New York being part of lands shown on "Map Proposed Water District Pottersville" dated April 15, 1946 by E. D. Collamer, C. E. and surveyed by G. J. Weaver in October 1945, said map being duly filed in the Office of the Clerk for the Town of Chester, said parcel being more particularly bounded and described as follows: Beginning at the point of intersection of the centerline of the New York State Highway leading northerly from Loon Lake to Pottersville and more commonly known as Route #9 with the southerly line of the former Lighting District #2 in the Town of Chester, New York, which said point of beginning lies in the southerly line of the said Water District and running Thence along the southerly line of said District and accordance to the true meridian North 75