Legislation

Search OpenLegislation Statutes
This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 253
Preparation of maps and plans
County (CNT) CHAPTER 11, ARTICLE 5-A
§ 253. Preparation of maps and plans. 1. A petition may be presented
to the board of supervisors requesting that a certain area or areas of
the county be established as a county district. Such petition shall be
executed and acknowledged on behalf of a municipality or district, any
part of which is included within such area or areas, by the chief
executive officer of such municipality, or of such district furnishing a
similar service as the district to be established hereunder. In lieu of
execution of the petition by the chief executive officer of such
municipality or district, the petition may be executed and acknowledged
by at least twenty-five owners of taxable real property of record
situated within such municipality or district, or in Suffolk county, if
all of the taxable real property of record situate within such
municipality which is to be included within a certain area or areas of
the county to be established as a county district is owned by one or
more but less than twenty-five owners, then the petition may be executed
and acknowledged by one or more of said owners within the area or areas
to be established as a county district. Upon presentation of such a
petition or on its own motion, the board of supervisors may direct the
agency to cause maps and plans to be prepared for a project as requested
in the petition or for the establishment of a certain area or areas of
the county as a county district, provided, however, that if the
petitioning municipality, district or owners of taxable property
undertake to furnish or pay the cost of such maps and plans at its or
their cost and expense, the board of supervisors shall direct the agency
to accept or prepare the same. In the case of a petition to create or
extend a water quality treatment district, the petition may be executed
and acknowledged by one or more of the owners of taxable real property
of record situated within such municipality whose private well water is
contaminated. At the time the petition is executed and acknowledged,
notice and copy of such petition shall be submitted to the state
department of health. Such maps or plans shall show (1) the boundaries
of the area or areas which the agency in its judgment considers will be
benefited by the particular project, (2) a description of the area or
areas sufficient to permit definite and conclusive identification of all
parcels of property included therein, (3) the proposed location of all
facilities such as (a) reservoirs, stand pipes, wells, pumping stations,
water purification or treatment works, mains and hydrants, the source of
water supply, a description of the lands, streams, water or water rights
to be acquired and the mode of constructing the proposed water works,
(b) benefited parcels of properties with water quality treatment units
or devices installed prior to the formation of the district and/or those
properties requiring installation of water quality treatment units or
devices and the mode and frequency of testing, monitoring, modifying if
required, operation and maintenance, regenerating of such water quality
treatment units or devices and the administering of the treatment and
disposal of residuals and any other requirements pursuant to rules and
regulations adopted by the public health and health planning council
under section two hundred twenty-five of the public health law. Any
water quality treatment unit or device which has been installed prior to
the formation of the district must be approved pursuant to rules and
regulations adopted by the public health and health planning council
under section two hundred twenty-five of the public health law, prior to
acceptance of such unit or device and its benefited property within the
district, (c) trunk, interceptor and outfall sewers, pumping stations,
sewage treatment and disposal works, (d) properties requiring
construction or replacement of private on-site wastewater disposal
systems and the mode and frequency of conveying, treating and disposing
of wastewater and residual wastewater, (e) drains, ditches, channels,
pumping stations, dams, dikes, bulkheads and retaining walls, or (f)
refuse disposal and incinerator plants and all necessary appliances
appurtenant thereto, (4) estimates of the cost of construction, or
procurement and installation of the facilities, and/or in the case of
water quality treatment districts, estimates of the costs of monitoring,
testing, modifying, if required, operation and maintenance, regenerating
of such water quality treatment units or devices and the treatment and
disposal of residuals, as shown on the maps and plans and the method of
financing the same and (5) an evaluation of rehabilitation needs based
upon water quality, public use and private development, special
wildlife, scenic or other values, sedimentation, shoreland zoning,
potential for adequate pollution and erosion controls within the
drainage basin, and potential for future successful management. Such
maps and plans pertaining to sewer districts shall be consistent with,
so far as possible, any comprehensive plan for sewers developed pursuant
to section 17-1901 of the environmental conservation law. Such maps and
plans pertaining to water districts shall be consistent with, so far as
possible, any comprehensive plan for public water supply systems
developed pursuant to title thirteen of article fifteen of the
environmental conservation law.

2. If the report of the agency required by section two hundred
fifty-four of this chapter shall contain recommendations for the
establishment of two or more zones of assessment within a county
district, such maps and plans shall show the boundaries of each of such
zones and the estimated initial allocation of the cost of the
construction of the facilities recommended to be charged to each of such
zones.

3. Where acceptable maps, plans and related data have theretofore been
prepared by or for one or more existing or proposed municipal special or
improvement districts, the board of supervisors may, instead, authorize
the agency to adopt and utilize such maps, plans and data and, where a
county district is thereafter established and facilities constructed
thereby on the basis of such maps, plans and data, the district shall
reimburse the municipalities, districts or persons who have paid for all
or part of the cost of such maps, plans and data in a reasonable amount
to be agreed upon among them, which amount shall not exceed their net
expenditures therefor, and shall not include any portion of the cost
paid from federal or state aid and which amount, when paid, shall be
deemed part of the cost of the construction of the facilities by the
agency.