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This entry was published on 2014-09-22
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SECTION 253-A
Provision for excess sewer, drainage or water facilities
County (CNT) CHAPTER 11, ARTICLE 5-A
§ 253-a. Provision for excess sewer, drainage or water facilities. 1.
The local legislative body, in causing maps and plans to be prepared or
in approving the establishment or extension of a sewer, wastewater
disposal, drainage or water district may provide by resolution that the
map and plan include sewer, wastewater disposal, drainage or water
facilities in excess of those required for the proposed district or
extension. Such resolution providing for or requiring excess facilities
shall include the estimated expense for such excess facilities and shall
be subject to permissive referendum. The necessity for and the extent of
the excess capacity shall be determined by the local legislative body
and it shall be reserved for utilization by future districts or
extensions in the county.

2. The expense of any excess sewer, wastewater disposal, drainage or
water facility authorized pursuant to this section shall be a county
charge and shall be assessed, levied and collected in the same manner
and at the same time as other county charges; provided, however, that
nothing herein contained shall be construed to prevent the financing in
whole or in part, pursuant to the local finance law, of any excess
sewer, wastewater disposal, drainage or water facilities authorized
pursuant to this section. Any such excess sewer, wastewater disposal,
drainage or water facilities shall be deemed to be a district or special
improvement authorized by article five-A of this chapter within the
meaning of paragraph b of section 35.00 of the local finance law.

3. In the event the petition shall contain a statement that the
improvement in the proposed district or extension shall be constructed
at the expense of a petitioning owner of taxable real property in the
proposed district or extension, the expense of all excess sewer,
wastewater disposal, drainage or water facilities shall be borne
originally as a county charge as provided in this section. If the
improvement is to be constructed by or on the behalf of the petitioning
owner, such owner shall be compensated by the county for the cost of the
excess sewer, wastewater disposal, drainage or water facilities. In
this event the provisions of section two hundred sixty-two of this
chapter relating to competitive bidding shall not apply. If the
improvement is to be constructed by the county or by the accepted
competitive bidder, the county and not the petitioning owner shall be
liable for the cost of the excess facilities.

4. The cost of the excess sewer, wastewater disposal, drainage or
water facilities shall be determined by the local legislative body. In
addition to the information required by section two hundred fifty-three
of this chapter, the maps and plans shall include an estimate of the
cost of the excess facilities. If the improvement is to be constructed
by or on behalf of the petitioning owner, an agreement shall be entered
into between the local legislative body and such owner which shall state
the total cost of the improvement and of the excess facilities or the
method by which such cost shall be determined and the date of payment
for such excess facilities. If the improvement is to be constructed by
the county or by the accepted competitive bidder, the local legislative
body, in determining the cost of the excess facilities, shall consider
the estimate of the cost of excess facilities set forth in the maps and
plans, the percentage increase in the capacity of the facilities, the
maximum amount stated in the petition as the cost of the required
facilities and the reduction, if any, in the per unit cost. In no event
shall the expense of the excess sewer, wastewater disposal, drainage or
water facilities as determined or agreed to by the local legislative
body be less than the difference between the total cost of the
improvement as set forth in or determined pursuant to the agreement or
the accepted bid and the maximum amount stated in the petition.

5. The local legislative body may authorize the use of any excess
facilities acquired pursuant to this section by any district, districts
or extensions thereof, thereafter established in such county, provided
the expense of such acquisition or the proportionate share of the
expense as shall be allocated to a district or extension thereof by the
local legislative body, together with the expense of the construction of
the original improvement for such district or extension, shall not
exceed the maximum amount authorized to be expended in such district or
extension. Whenever the local legislative body shall authorize the use
of any excess facilities acquired pursuant to this section by any
district, districts or extension thereof, the same shall be deemed to be
a part of the improvement authorized by such district or extension
thereof and the entire cost of such acquisition and the maintenance
thereof as apportioned to such district or extension, shall be deemed to
be a part of such improvement and shall be assessed, levied and
collected in the same manner as other charges against such district or
extension.