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This entry was published on 2014-09-22
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SECTION 256
Establishment of a county district
County (CNT) CHAPTER 11, ARTICLE 5-A
§ 256. Establishment of a county district. Upon the evidence presented
at the public hearing, and after due consideration of the maps and
plans, reports, recommendations and other data filed with it, the board
of supervisors shall determine, by resolution, whether or not the
proposed facilities are satisfactory and sufficient and, if it shall
determine such question in the negative, it shall remand the proceedings
to the agency for further study. The agency shall make such further
study and amend and revise the maps and plans (including the zones of
assessment and allocation of costs if the maps and plans provide
therefor) in conformance with its findings, and shall make a further
report to the board of supervisors in the same manner as hereinbefore
provided. If the revised maps and plans call for an increase in the
estimated maximum expenditure for the project, alter the boundaries of
the proposed district, or if the maps and plans provide for zones of
assessment and allocation of the cost of the facilities, alter the
boundaries of the proposed zones of assessment or change the allocation
or the costs of the facilities as between the zones of assessment, the
board of supervisors shall call a further public hearing thereon in the
manner provided in section two hundred fifty-four. When the board of
supervisors shall find that the proposed facilities are adequate and
appropriate, it shall further determine by resolution, (1) whether all
the property and property owners within the proposed district are
benefited thereby, (2) whether all of the property and property owners
benefited are included within the limits of the proposed district, (3)
whether it is in the public interest to establish the district and (4)
if said maps and plans and report recommended the establishment of zones
of assessment and the allocation of the costs of the facilities as
between such zones of assessment, whether such zones of assessment and
the allocation of the costs of the facilities thereto represent as
nearly as may be the proportionate amount of benefit which the several
lots and parcels of land situate in such zones will derive therefrom.

If the board of supervisors shall determine that it is in the public
interest to establish the district, but shall find that (1) any part or
portion of the property or property owners within the proposed district
are not benefited thereby or (2) that certain property owners benefited
thereby have not been included therein, or (3), if zones of assessment
are proposed to be established and the costs of facilities allocated
among said zones of assessment, that any part or portion of the property
or property owners within a proposed zone of assessment should be placed
in a different zone of assessment or that a different allocation of the
cost should be made as between the zones of assessment, the board shall
specify the necessary changes of the boundaries of the proposed district
or the necessary changes of the boundaries of any proposed zone of
assessment or the necessary changes as to the allocation of costs, as
the case may be, to be made in order that all of the property and
property owners and only such property owners as are benefited shall be
included within such proposed district, or in order that such zones of
assessment and the allocation of the costs of the facilities thereto
shall represent as nearly as may be the proportionate amount of benefit
which the several lots and parcels of land situate in such zones will
derive therefrom, and the board shall call a further hearing at a
definite place and time not less than fifteen nor more than twenty-five
days after such determination. Notice of such further hearing shall be
published in the manner provided in section two hundred fifty-four,
except that such notice shall also specify the manner in which it is
proposed to alter the boundaries of the proposed district, or the
boundaries of the zones of assessment or the allocation of the costs of
the facilities as between said zones of assessment, as the case may be.
If and when the board shall determine in the affirmative all of the
questions set forth above, the board may adopt a resolution approving
the establishment of the district, as the boundaries shall be finally
determined, and the construction of the improvement, and if zones of
assessment have been established and an allocation of the costs of the
facilities made as between such zones of assessment, further approving
the establishment of the initial zones of assessment and the initial
allocation of the costs of the facilities as between said zones of
assessment. Such resolution shall be subject to permissive referendum as
hereinafter provided, except in the case of a water quality treatment
district and except in the county of Suffolk. In the county of Suffolk,
if the owner or owners of all of the land within the proposed district
consent in writing to the formation of the proposed district and the
board of elections certify that on or after the date of the first
publication of the notice of public hearing hereinabove referred to,
there is no registered voter within the proposed district, then and in
that case the resolution adopted by the board approving the
establishment of a district shall not be subject to referendum,
permissive, or otherwise.