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This entry was published on 2014-09-22
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SECTION 254
Public hearing; cost to typical property
County (CNT) CHAPTER 11, ARTICLE 5-A
§ 254. Public hearing; cost to typical property. 1. When the agency
has caused such maps and plans to be prepared, it shall transmit them to
the board of supervisors, together with a report of its proceedings and
its recommendations, including a recommendation as to what officer,
board or body should be the administrative head or body of the proposed
district. Such report may further include the recommendations relating
to the establishment of two or more zones of assessment within the
proposed district and the estimated initial allocation of the cost of
the construction of the facilities as between such zones to be assessed,
levied and collected in each zone in the same manner and at the same
time as other county charges. Upon receipt of the report and the maps
and plans, the board of supervisors shall call a public hearing upon a
proposal to establish a county district, to comprise the area or areas
described and defined in said maps and plans. No public hearing shall be
called to establish a water quality treatment district until the maps
and plans have been submitted to and approved in writing by the state
department of health. Copy of such notice of approval or denial of the
maps and plans shall be filed in the office of the clerk of the board of
supervisors of the county in which the proposed district is located.
The clerk of the board of supervisors shall cause a notice of the public
hearing to be published at least once in the official newspapers of the
county and in such other newspapers having a general circulation in the
proposed district as the board may direct, the first publications
thereof to be not less than ten or more than twenty days before the day
set therein for the hearing. The notice of hearing shall contain a
description of the area or areas to be included within the proposed
district, and if the report shall have recommended the establishment of
zones of assessment, a description of the area or areas to be included
within each zone of assessment, the improvements proposed, the maximum
amount to be expended for the improvement, the estimated cost of hook-up
fees, if any, to, and the cost of the district or extension to, the
typical property and, if different, the typical one or two family home,
the allocation of such maximum amount as between the zones of assessment
recommended, if any, the proposed method of assessment of the cost and
shall specify the time when and place where the board of supervisors
will meet to consider the matter and to hear all parties interested
therein concerning the same. In the event that zones of assessment are
provided for and an allocation of cost of the facilities between such
zones of assessment, said notice shall further state that said zones of
assessment and said allocations of cost may be changed from time to time
by resolution of the board of supervisors adopted after a public hearing
whenever said board of supervisors shall determine that such changes are
necessary in the public interest. Prior to the publication of the
notice of hearing, the board of supervisors shall cause to be prepared,
and file for public inspection with the county clerk, a detailed
explanation of how the estimated cost of hook-up fees, if any, to, and
the cost of the district or extension to, the typical property and, if
different, the typical one or two family home was computed.

2. (a) If the permission of the state comptroller is not required
pursuant to section two hundred fifty-eight, two hundred sixty-eight or
two hundred sixty-nine of this article because it is proposed or
required that the county in in which the district is located shall
finance the proposed cost by the issuance of bonds, notes, certificates,
or other evidences of indebtedness of the county therefor or shall
assume the payment of annual installments of debt service on obligations
issued to finance the cost of facilities pursuant to section two hundred
sixty-two of this article but the cost to typical property or, if
different, the cost to the typical one or two family home is not above
the average cost threshold described in those sections, a certified copy
of the notice of hearing shall also be filed with the state comptroller
on or about the date of publication of the notice.

(b) Notwithstanding the provisions of paragraph (a) of this
subdivision, the state comptroller shall not be precluded from requiring
the submission of additional information or data in such form and detail
as the state comptroller shall deem sufficient or from causing an
investigation to be made with respect to the establishment or extension
of a district or an increase in the maximum amount to be expended.