N.Y. Comp. Codes R. & Regs. tit. 2 § 85.1

Current through Register Vol. 46, No. 43, October 23, 2024

Section 85.1 - Background

(a) The purpose of this Part is to:

(1) set forth the documentation that must be included in applications to the Comptroller for permission to establish, extend or increase the maximum amount to be expended in town or county improvement districts or to authorize or increase the maximum amount to be expended for a town improvement; and

(2) to place the primary responsibility for compliance with the applicable provisions of the Town Law and the County Law with local officials. It is the Comptroller's expectation that, upon receipt of an application which complies with this Part, he will, in all but a very limited number of instances, be able to make prompt determinations of public interest and undue burden, as required by statute, without requiring additional information or documents from the applicant.

(b) While existing procedures used to review applications under the Town Law and the County Law may result in the identification and correction of deficiencies, the Comptroller believes that the administrative burdens and attendant delays imposed on towns and counties by this review may be disproportionate to the protection it provides to the taxpayers. In addition, it is the Comptroller's judgment that the existing procedures are no longer a wise use of the limited resources available to the Comptroller's Office. Therefore, these regulations are intended to establish streamlined procedures for the performance of the statutorily required approval function.

(c) The procedures contained in this Part are intended to eliminate the need for a detailed review by the Comptroller's Office of all proceedings underlying a matter requiring the Comptroller's permission and, instead, place the primary responsibility for compliance with the Town Law and the County Law with local officials. To this end, the regulations require the town or county's legal counsel to provide an opinion that the town or county has undertaken all necessary proceedings in the manner required by statute. In addition, the town or county must submit a verified statement detailing the nature of the proposed improvements, the need for such improvements, and the information necessary to calculate the cost of the proposed improvements to the properties which will be required to pay for them.

N.Y. Comp. Codes R. & Regs. Tit. 2 § 85.1