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This entry was published on 2014-09-22
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SECTION 253-B
Amendment or modification of plans
County (CNT) CHAPTER 11, ARTICLE 5-A
§ 253-b. Amendment or modification of plans. When the board of
supervisors or county legislature shall have established a district
pursuant to this article and adopted a plan of a service or improvement
for such district, such plan shall not be modified by the board of
supervisors or any officer of the county nor by the administrative head
or body of such district except as provided in this section. The
administrative head or body shall submit a report in writing to the
board of supervisors specifying the particulars in which it is proposed
to modify such plan. Upon receipt of such report the board of
supervisors shall adopt a resolution calling a public hearing thereon.
Notice of such public hearing shall be given in the manner provided by
section two hundred fifty-four of the county law. Such notice shall
specify in terms sufficient for identification the particulars in which
it is proposed to modify the plan of the service or improvement, and the
time and place when the board of supervisors will meet to hear and
consider any objections which may be made thereto, which time and place
shall be not less than ten nor more than twenty days after the first
publication of such notice. When any change shall be made in the plan
proposed and once adopted, a revised or additional map and profile shall
be made showing the change, and all such maps and profiles shall be
carefully preserved in the office of the county clerk, or if the county
district shall have an office, in the office of such county district,
and shall be open to inspection by all persons interested. However, in
the case of water quality treatment districts, amendments or
modifications of plans must have the written approval of the department
of health prior to adoption. At the request of an owner of a parcel of
property within the county, if the private well water on such property
is contaminated, a water quality treatment district plan may be amended,
from time to time, to include said parcel of property. If an owner of a
parcel of property within the county requests exclusion from the
district, such request shall be granted without the state department of
health approval and without the procedure set forth in section two
hundred fifty-six of this article. The removal of a parcel of property
from a district shall in no way affect the owner's liability for charges
which have accrued against the owner's property, prior to said
exclusion, for the procurement, installation, modification, replacement
and removal of a water quality treatment unit or device or for expenses
of operation and maintenance including monitoring, testing, regenerating
and treating. Should a public or private water system, supplier or
authority commence supplying water to any parcel of property within a
water quality treatment district, such parcel of property shall no
longer be considered part of the water quality treatment district, and
all services to such parcels shall be terminated. Termination of
services shall include, the removal of all water quality treatment units
or devices and a charge for the cost of doing so to the benefited
property, except when such unit or device was acquired and owned by the
property owner or when the district determines that such unit or device
is obsolete and no longer useful for any district purpose.