56. Town-village cooperation. 1. Where a suburban town and a village or villages therein create one or more joint municipal survey committees pursuant to article twelve-C of the general municipal law and where such a committee makes a recommendation relating to the provision of an existing or new function, service or facility in the town and in one or more villages thereof:
a. If the recommendation is for the provision or extension of (1) a town function, service or facility to one or more villages in the town and for the spreading of the costs thereof against the affected area of the town outside villages and against the affected area of such village or villages or (2) a village function, service or facility to an area of the town outside any village or to an area of any other village and for the spreading of the costs thereof against the affected area or areas, of the village or villages and against the affected area of the town, and if such recommendation is acceptable to the town board and the affected village board or boards, the town board and village board or boards, respectively, may adopt such recommendation and, notwithstanding any inconsistent provision of any general or special law, taxes, assessments, or other charges necessary to pay the cost of such function, service or facility shall be spread (1) by the town against the affected area of the town outside villages and against the affected area in such village or villages or (2) by the village or villages against the affected area of such village or villages and by the town against the affected area of the town outside any such village, as the case may be.
b. If the recommendation is for the provision or extension of a function, service or facility by the town in the area outside villages or outside a specified village or villages, as the case may be, and for the separate provision thereof by such village or villages, with the respective costs to be spread by the town against the area outside villages or outside the specified village or villages, as the case may be, and separately by such village or villages against the area or areas within the same, and if such recommendation is acceptable to the town board and the affected village board or boards, the town board and the affected village board or boards, respectively, may adopt such recommendation and, notwithstanding any inconsistent provision of any general or special law, the necessary taxes, assessments, or other charges for such function, service or facility shall be borne and spread on such basis.
c. If the recommendation is for the performance of a function, power or duty among them or their districts, on a cooperative, joint or contract basis pursuant to article five-G of the general municipal law, or other similar law, and for allocating and financing the capital and operating costs among them or their districts on a specified equitable basis, and if such recommendation is acceptable to the town board and the affected village board or boards, the town board and the affected village board or boards, respectively, may adopt such recommendation pursuant to such article and, notwithstanding any inconsistent provision of general or special law, such function, power or duty shall be so provided and the costs allocated and financed on such basis.
d. Where costs are to be spread against an area of a town or an area of a village and such costs are financed pursuant to the local finance law, such area shall be primarily liable therefor.
2. Members of the town board shall be eligible to serve on any joint municipal survey committee in which the town participates.
Last modified: February 3, 2019